Ireland or from the Isle of man into this Realm of England do from the last day of June next comming wittingly or willingly transport bring carry or convey or suffer to be transported brought carried or conveyed in any Ship Picard Vessel Boat or Boats from and out of the said Realm of Ireland or from or out of the said Isle of Man into the Realm of England or Wales or any part thereof any Vagabond Rogue or Begger or any such as shall be forced or very like to live by Begging within the Realms of England or Wales being born in the Realm of Ireland or in the said Isle of Man Ouster le mere CCCLVII 14 Eliz. 5. § 31. N. 2. On pain of every such person or persons so bringing transporting carrying or conveying either suffering to be brought transported carryed and conveyed in manner and form aforesaid to forfeit and lose for every such Vagabond Rogue Begger or other person which shall be forced or like to live by begging within this Realm of England or Wales being transported and set on Land in any part of England or of Wales 20 s. of lawful English mony to the use of the Poor of the same Parish in which they were set on Land Seisure CCCLVIII 14 Eliz. 5. § 31. N. 3. To be levyed by the Collectors of the same Poor for the time being by seisure and selling of any the Goods and Chattels of the same person which shall so bring transport carry or convey any such Rogue Vagabond or Begger or other person which shall be forced or like to live by Begging within the Realm of England or of Wales to the value of the same forfeiture Vagabond CCCLIX 14 Eliz. 5. § 31. N. 4. And on the pain of the same Vagabonds Rogues and Beggers so set on Land to be punished as the other Vagabonds and sturdy Beggers in this Act before mentioned and declared Ireland CCCLX 14 Eliz. 5. § 32. N. 1. And be it likewise Enacted if any such Maniske or Irish Rogue Vagabond or Begger been already or shall at any time hereafter be set on Land in any part of England or of Wales the same shall be conveyed to the next Port in or near which they were Landed and from thence be transported at the Common charge of the County where they were set on Land into those parts from whence they came or were transported CCCLXI. 14 Eliz. 5. § 33. N. 1. Also be it provided Taxes that if any manner of person shall hereafter find him or her self grieved with any Taxation set upon them by vertue of this Act it shall be lawful for them at the next General Sessions of the Peace to be holden within the same Shire where their Taxation shall be to make complaint thereof to the Justices o the Bench and to be eased of their excessive charge by the discretion of the whole Bench or the most part of them CCCLXII 14 Eliz. 5. § 33. N. 2. And if any default shall be hereafter found in any Justices of the Peace or Quorum Justices in or about the Execution of this Act every of the said Justices upon proof of the said default by two sufficient Witnesses before the Justices of Assize at the next General Sessions of Goal delivery for the same County after the same default shall forfeit and lose 5 l. c. The one half whereof to be to the use of the said Poor people of the same County and the other half to the Queens Majesty which said forfeiture shall be levyed by distress by discretion of the said Justices of Assizes CCCLXIII 14 Eliz. 5. § 34. N. 1. And whereas a great number of Poor and diseased people do resort to the City of Bath Pasport in the County of Somerset and the Town of Buckstone in the County of Derby for some ease and relief of their diseases at the Baths there and by means thereof the Inhabitants of the same City of Bath and Town of Buckstone are greatly overcharged with the same Poor people to their intolerable charge CCCLXIV Be it Enacted Licence c. that no diseased or Impotent Poor person living on Alms at any time after the Feast of Saint Bartholomew the Apostle next coming shall resort or repair from their dwelling places to the said City of Bath and Town of Buckstone or either of them to the Baths there for ease of their grief unless such person be not only Licenced so to do by two Justices of the Peace of the County where such person doth or shall then dwell or remain but also provided for of the Inhabitants of such Hundred Parishes or places from whence they shall be so Licenced to travail of such relief for and towards his maintenance as shall be necessary for the same person for the time of such his abode at the said City of Bath and Town of Buckstone or either of them and return home again as shall be limited by the same Licence upon pain to be reputed punished and used as Vagabonds by the purview of this Statute and that the Inhabitants of the same City and Town shall not in any wise be charged by this Act with the finding or relief of any such Poor people CCCLXV 14 Eliz. 5. § 35. N. 1. And for the better performance of this Charitable Act Hospital it is ordained and established that whereas the late King of Famous Memory King Henry the Eighth his Heirs or Successors or any other person or persons heretofore by his or their several and lawful Erections and foundations hath or have ordained or appointed any summ or summs of mony rents reliefs or Commodity to the use of the Poor or for the repairing or mending of High-ways or Bridges not being taken away otherwise by Act of Parliament whether the same be in any Cathedral Church Colledge or elsewhere CCCLXVI 14 Eliz. 5. § 35. N. 2. That the Bishop of the Diocess Justices or his Chancellor within which the said Cathedral Church Colledge or place is And the Justices of Peace of the County within the which the said Cathedral Church Colledge or place is or three of them whereof one to be of the Quorum shall have Authority from time to time to examine how and after what manner the said Mony Rent Relief or Commodity is bestowed and to call to account the parties which do detain the said mony rents or relief and thereupon to take such order for the distribution of the same as to their discretions shall seem most fit and agreable to the good intent of the Founders Givers or Granters and thereof to make Certificate in the High-Court of Chancery once in every year Lambert 361. Imprisonment CCCLXVII 14 Eliz. 5. § 36. N. 1. Provided always that whereas by reason of this Act the common Goals of every Shire within this Realm are likely to be greatly pestered with a more number of Prisoners than heretofore hath been for
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
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
Exemplification to him directed to be delivered to the Iustices of the Peace in his County named of the Quorum or to one of them to remain with such Iustices which be or shall be for the better putting of the foresaid Statutes and Ordinances in due Execution Sheriffs And in Shires where divers Commissions of the Peace be made § 1. N. 5 there shall be so many Exemplifications of the Statutes and Ordinances aforesaid made as be Commissioners of the Peace in the same Shires and sent to the Sheriffs to make Proclamation and to deliver the same as is aforesaid Justices And that the Iustices of Peace in every Shire named of the Quorum § 2. N. 1. be resident within the same Shire except Lords named in the Commission of the Peace and also except Iustices of the one Bench and of the other the cheif Baron of the Exchequer Serjeants at the Law and the Kings Atturney be attending and occupyed in the Kings Courts or otherwise in some other place occupyed in the Kings Service Days And make their Sessions four times by the year § 2. N. 2. that is to say in the first week after the Feast of St. Michael and in the first week after the Epiphany and in the first week after the Clause of Easter and in the first week after the Translation of St. Thomas the Martyr and more often if need be 36 Ed. 3. Cap. 12. and 25 Ed. 3. Cap. 8. and 14 H. 6. Cap. 4. § 1. N. 4. And that the same Iustices hold their Sessions throughout the Realm of England in the same weeks every year from henceforth 12 Rich. 2. § 2. N. 3. Cap. 10. § 1. N. 2. Apprentice And also the Iustices of Peace from henceforth have power to Examin § 2. N. 4. as well all manner of Labourers Servants and their Masters as Artificers by their Oaths of all things by them done contrary to their said Ordinances and Statutes and upon that to punish them upon their confession after the effect of the Statutes and Ordinances aforesaid as though they were Convict by Enquest Sheriffs And that the Sheriff in every Shire of the Realm of England § 2. N. 5. shall do well and duly his Office in this behalf upon pain to loose and to forfeit to our Lord the King twenty pounds Religion And moreover that the Iustices of the Kings Bench Cap. 7. § 1. N. 9. and Iustices of the Peace and Iustices of Assise have full power to enquire of all them which hold any Errors or Heresies as Lollards and which be their Maintainers Favourers and Sustainers Comon-writers of such Books as well of the Sermons as of their Schools Conventicles Congregations and Confederacies and that this Clause be put in Commssions of the Iustices of the Peace Riot Item Cap. 8. Whereas it is contained in the Statute made the thirteenth year of the noble King Henry Father to our Lord the King that now is viz. 13 H 4. Cap. 7 amongst other things that if any Riot Assembly or Rout of people against the Law be made in any part of the Realm then the Iustices of the Peace three or two of them at the least and the Sheriff or under Sheriff of the County where such Riot Assembly or Rout shall be made hereafter should come with the power of the said County if need were to arrest them and them should arrest 19. H. 7. Cap. 13. § 1. N. 2. And viz. 13 H. 4. Cap. 7. § 1. N. 2. the same Iustices Record Sheriffs or under Sheriffs should have power to record that which they find so done in their presence against the Law and viz. 13 H. 4. Cap. 7. § 1. N. 2. that by Record of the same Iustices Sheriff or under Sheriff such Trespassers or Offenders should be Convict in manner and form as is contained in the Statute of forcible entries 19 H. 7. Cap. 13. § 1. N. 2. 3. § 1. N. 3. And viz. 13 H. 4. Cap. 7. § 1. N. 4. Enquest if it happen that such Trespassers or Offenders were departed before the coming of the Iustices Sheriff or under Sheriff 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 the same hear and determin according to the Law of the Land § 1. N. 4. And viz. 13 H. 4. Cap. 7. § 2. Certificat N. 1 if the truth could not be found in manner as afore is said within a month then next ensuing the said Iustices three or two of them and the Sheriff or under Sheriff shall certifie before the King and his Counsel the Deed and circumstance of the same viz. 13 H. 4. Cap. 7. § 2. N. 2. which Certificat shall be of like force as the Presentment of twelve men upon which Certificat the said Trespassers and Offenders shall be put to Answer § 1. N. 5. And viz. 13 H. 4. Cap. 7. § 2. N 2. Judgement they which be found guilty should be punished according to the discretion of the King and his Counsel § 1. N. 6. And viz. 13. H. 4. Cap. 7. § 4. N. 1. Justices moreover that the Iustices of Peace dwelling neerest in every County where such Rout Assembly and Riot of people should be made hereafter together with the Sheriff or under Sheriff of the same Counties and also the Iustices of Assise for the time that they shall be in their Sessions in case that any such Riot Assembly or Rout be made in their presence shall make Execution of this Statute every one of them upon pain of 100 l. to be paid to the King as often as they shall be found in default of Execution of the same Statute § 1. N. 7. And forasmuch as many Riots Routs Process and Assemblies have been made in divers parts of the Realm since the making and proclamation of the same Statute viz. 13. H. 4. Cap. 7. because that the same Statute hath not been put in due Execution as our Soveraign Lord the King perceived by divers and grievous complaints to him made in this present Parliament § 1. N. 8. The same our Lord the King willing hereof to provide a better remedy Riot by the advice and assent aforesaid and at the suit of the said Commons hath ordained and established that if default be found in the said two Iustices of the Peace or Iustices of Assise and the Sheriff or under Sheriff of the County where such Riot Assembly or Rout shall be made touching the Execution that they ought to make by Virtue of the said Statute viz. 13. H. 4. Cap. 7. and whereof the said Statute maketh mention that then at the instance of the party greived the Kings Commission shall go out under his great Seal to enquire as well of the truth of the Case and of the Original matter
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
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
Authority of this present Parliament 4 H. 7. C. 12. Item The King our Soveraign Lord considereth that by the negligence Justices misdemeaning favour and other Inordinate Causes of Iustices of Peace in every Shire of this his Realm the Laws and Ordinances made for the politick-weal peace and good-rule of the same and for the profit surety and restful living of his Subjects of the same be not duly Executed according to the tenor and effect of that they were made and ordained for § 1. N. 2. Wherefore his Subjects been greivously hurt Prerog and out of surety of their Bodies and Goods to his great displeasure for to him is nothing more joyous than to know his Subjects to live peaceably under his Laws and to encrease in Wealth and Prosperity § 1. N. 3. And to avoid such Enormities and Injuries Peace so that his said Subjects may live restfully under his Peace and Laws to their Encrease § 1. N. 4. He will that it be Ordained and Enacted by Authority of this said Parliament Days that every Iustice of Peace within every Shire of this Realm within the Shire where he is Iustice of Peace do cause openly and solemnly to be proclamed yearly four times a year in four principal Sessions the tenor of this Proclamation to this Bill annexed § 1. N. 5. And that every Iustice of Peace being present at any of the said Sessions Justices if they cause not the said Proclamations for to be made in form abovesaid shall forfeit unto our Soveraign Lord at every time twenty shillings § 2. N. 1. Henricus Dei Gratia c. The King our Soveraign Lord considereth Execution how daily within this Realm his Coin is Traiterously Counterfeited Murders Robberies Felonies been greivously committed and done and also unlawful Reteyners Idleness unlawful Plays Extortions Misdemeanings of Sheriffs Escheators and many other Enormities and unlawful Demeanings daily grown more and more within this Realm to the great Displeasure of God Hurt and Impoverishing of his Subjects and to the Subversion of the Policy and good Governance of this his Realm for by these sad Enormities and Mischeifs his Peace is broken his Subjects troubled inquieted and impoverished the Husbandry of this Land decayed whereby the Church of England is upholden the Service of God continued every man thereby hath his sustenance every Inheritor his rent for his Land Process For repressing and avoyding of the said mischeifs sufficient Laws and Ordinances been made by Authority of many and divers Parliaments holden within this Realm to the great cost of the King § 2. N. 2. his Lords and Commons of the same and lacketh nothing but that the said Laws be not put in due execution which Laws ought to be put in due execution by the Iustices of Peace of every Shire of this Realm to whom his Grace hath put and given full authority so to do sith the beginning of his reign Justices And now it is come to his knowledg § 2. N. 3. that his Subjects be little cased of the said mischeifs by the said Iustices but by many of them rather hurt than helped and if his Subjects complain to these Iustices of Peace of any wrongs done to them they have thereby no remedy and the said mischeifs do increase and be not subdued Peace And his Grace considereth § 2. N. 4. that a great part of his wealth and prosperity of his Land standeth in that that his Subjects may live in surety under his Peace in their bodies and goods and that the Husbandry of this Land may increase and be upholden which must be had by due execution of these Laws and Ordinances chargeth and commandeth the Iustices of the Peace of this his Shire to endeavour them to do and execute the tenor of their Commission and the said Laws and Ordinances ordained for the subduing of the premises as they will stand in love and favour of his Grace and in avoyding of the pains that are ordained if they do the contrary Process And moreover he chargeth and commandeth § 2. N. 5. that every man what degree or condition that he be of that let them in word or deed to execute their said authority in any manner and form abovesaid that they shall shew it to his Grace and if they do it not and it come to his knowledg by other than by them they shall not be in his favour but taken as men out of credence and be put out of Commission for ever Execution And over this he chargeth and commandeth all manner of men as well the poor as the rich which be to him all one in due ministration of Iustice that is hurt or grieved in any thing § 2. N. 6. that the said Iustice of Peace may hear determine or execute in any wise that he so grieved make his complaint to the Iustice of Peace that next dwelleth unto him or to any of his fellows and desire a remedy Justices And if then he have no remedy § 2. N. 7. if it be nigh such time as his Iustices of Assizes come into that Shire that then he so grieved shew his complaint to the same Iustices Chancery And if then he have no remedy § 2. N. 8. or if the complaint be made long afore the coming of the Iustices of Assize then he so grieved come to the Kings Highness or to his Chancellor for the time being and shew his grief Process And his said Higness then shall send for the said Iustice to know the cause why his said Subjects be not eased and his Laws executed § 2. N. 9. whereupon if he find any of them in default of executing of his Laws in the premises according to his Highness commandment he shall do him so offending to be put out of the Commission and further to be punished according to his merits Justices And over that his said Highness shall not let for any favour § 2. N. 10. affection cost charge nor other cause but that he shall see his Laws to have plain and true execution and his Subjects to live in surety of their lands bodies and goods according to his said Laws and the said mischeifs to be avoyded that his Subjects may increase in wealth and prosperity to the pleasure of God Measures And that the Iustices of Peace of every Shire of England have full authority and power to inquire hear 7 H. 7. cap. 4. § 1. N. 12. or determine the said defaults viz. in Weights and Measures c. Games And that the Housholder where Dicing Carding Tennis-playing 11 H. 7. C. 2. § 1. N. 14. Bowls Clash or any other unlawful games afore rehearsed shall be used owise than is afore rehearsed viz. in Christmas in the presence of the Master and that lawfully be presented before the Iustices of Peace the Mayor Sheriff in his Turn
discretion of the same Iustice C. 6. § 1. N. 15. And over this the Iustices of Peace within every Shire at their general Sessions holden at Michaelmas Mettle shall assign and appoint two certain Persons having experience therein viz. in deceitful Pewter and Brass c. to make search in the Premises in every part of that Shire as well within the Franchise as without saving in Cities and Boroughs where Searchers be appointed by the Heads and Governours of the same C. 11. § 1. N. 9. And that the Iustices of Peace in their Sessions shall have Authority to take before them any Person suspected of the Premises Forest viz. Of Dear-hayes Buckstails or taking of Herons and by their discretion to examine them in the premises § 1. N. 11. And that these Iustices Justices that so examine them shall have the tenth part of every such forfeiture for their Labour in that behalf Ca. 12. § 2. N. 8. Furthermore be it enacted by the said Authority Poor that Iustices of the Peace or two of them at the least within their Shires and every Mayor Sheriff and Bailiff within their Cities Towns and Boroughs shall have full power and authority to make four times in the year that is to say every quarter once or ofter as by their Discretion shall be thought necessary throughout all their Shire a due and a diligent secret search and if they or any of them find by reason of the said Search any of the said mis-ruled Persons viz. Vagabonds c. the said misruled Persons so found to have like punishment and correction as is aforesaid Viz. at discretion Riot Whereas in the Parliament holden at Westminster the Tuesday the morrow next after All Souls Cap. 13. 13th year of the reign of King Henry the fourth viz. 13. H. 4. Cap. 7. Among other things it was Enacted Ordained and Established that if any Riot Assembly or Rout of People against the Law were made in any part of the Realm that the Iustices of the Peace three or two of them at the least and the Sheriff or Vnder-Sheriff of the County where such Riot Assembly or Rout should be done after the same Statute should come with the power of the Shire if need should be to arrest them and them should arrest 2 H. 5. Cap. 8. Records And viz. 13 H. 4 Cap. 7. § 1. N. 2. § 1. N. 2. the same Iustices and Sheriff or Vnder-Sheriff should have power to record that that they should find so done in their presence against the Law 2 Hen. 5. Cap. 8. § 1. N. 2. Process And viz. 13 H. 4. Cap. 7. § 1. N. 3. § 1. N. 3. that by the Record of the same Iustices and Sheriff or Vnder-Sheriff the same Trespassers and Misdoers should be convicted in manner and form as it is contained in the Statute viz. 5 R. 2. Cap. 7. § 1. N. 3. 15 R. 2. § 1. N. 3. Of Forcible Entries with divers and many other Articles touching and concerning the Premises as in the same Statute made the said thirteenth year viz. 13. H. 4. Cap. 7. more plainly at large it appeareth 2 H. 5. Cap. 8. § 1. N. 2. Riot Which Statute viz. 13 H. 4. Cap. 7. is thought good and necessary § 1. N. 4. wherefore by the advice and assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same be it therefore ordained established and enacted that the said Act made in the said thirteenth year of King Henry the fourth Viz. 13 H. 4. Cap. 7. concerning Riots Assemblies and Routs of people and all and every Article and Articles comprised in the same and also all other Statutes viz. 2 H. 5. Cap. 8. c. before this time made concerning the punishment of Rioters at the time of making this Act being in force from henceforth stand in their force and be duly put in execution after the tenors and purports of the same Enquest And for as much as in the said Statute made in the said thirteenth year viz. 13 H. 4. Cap. 7. § 1. N. 5. It is not expressed of what sufficiency the Iurors impanelled should be or what Issues they should lose if they appear not nor no mention thereon made of any punishment of the Maintainers and Embracers of the Iurors that so shall be Impanelled should have for their misdemeanors if any be Ability It is therefore furthermore Enacted by the said Authority in this present Parliament That if any Riot Rout § 1. N. 6. or unlawful Assembly be committed and done at any time after the first day of May next coming within this Realm of England that the Sheriff having a Precept directed to him shall return one and twenty Persons dwelling within the Shire where such Riot Rout or unlawful Assembly shall be so committed and done whereof every of them shall have Lands and Tenements within the same Shire to the yearly value of twenty shillings Charter land or Free-hold or twenty six shillings and eight pence of Copyhold of both over and above all charges for to inquire of the said Riot Rout or unlawful Assembly Return And shall return upon every Person so by him impanelled in Issues § 1. N. 7. at the first day twenty shillings and at the second day forty shillings if they appear not and be sworn to enquire of the premises at the first day Sheriff And if default be in the Sheriff or Vnder-Sheriff § 1. N. 8. for returning of other Persons not being of the said sufficiency or return not Issues in form aforesaid that then the said Sheriff shall forfeit to our Sovereign Lord the King for either default therein twenty pound Riot And if the said Riot Rout § 1. N. 9. or unlawful Assembly be not found by the said Iury by reason of any Maintenance or Embracery of the said Iurors then the same Iustices and Sheriff or Vnder-Sheriff over and above all such Certificate that they must and be bound to make according to the said Statute made the said thirteenth year viz. 13 H. 4. Cap. 7. § 2. N. 1 shall in the same Certificate certifie the names of the Maintainers and Embracers in that behalf if any be with their misdemeaners that they know upon pain of every of the said Iustices and Sheriff or Vnder Sheriff to forfeit 20 l. if the same Iustices and Sheriff or Vnder Sheriff have no reasonable Excuse for not certifying the same § 1. N. 10. Which Certificate so made shall be of like force and effect in the Law Certificate as if the matter contained in the same were duly found by the Verdict of twelve men § 1. N. 11. And every Person duly proved to be a Maintainer or Embracer of the same shall forfeit to our said Soveraign Lord Maintainers 20 l. and as well the
of this present Parliament the Towns and Places wherein they shall think most necessary to have a common Goal newly edified and made 2 Inst 705 706. and 5 Eliz. 24. cap. § 3. N. 1. Notice And be it further Enacted § 4. N. 1. That several Commissioners under the Kings great Seal with this present Act thereto affiled shall be directed to the Iustices of Peace of the Shires aforenamed authorizing them to accomplish and execute this present Act according to the tenor thereof in every behalf Imprisonment Be it further Enacted c. § 7. N. 1. That like Provision in every behalf be had for a new Goal to be made within the County of Derby in like form as is provided for other Shires aforesaid Ale And that every Beer-Brewer and Ale-Brewer shall not take over and above for every such Barrel Kilderkin C. 4. § 5. N. 1. or Firkin of Ale and Beer but after such Prizes and Rates as shall be thought convenient and sufficient by discretions of the Iustices of Peace within every Shire where such Beer-Brewer and Ale-Brewer shall dwell without any City Borough or Town Corporate where no head-Officers as Mayors Bailiffs Sheriffs and other head-Officers have no Authority or Rule 8 Eliz. 9. § 5. N. 1. Cap. 5. § 5. N. 2. And before he viz. Commissioner of Sewers shall take upon him the Execution of the said Commission Sewers he shall take a Corporal Oath before the Lord Chancellor or before such to whom the said Lord Chancellor shall direct the Kings Writ of Dedimus Potestatem to take the same or before the Iustices of the Peace in the Quarter Sessions holden in the Shire where such Commissions shall be directed c. Cap. 8. § 2. N. 2. And if it shall happen any person Mettle c. for prosecuting any Suit or Action upon this Statute viz. against Tinners that do not make sufficient Hatches and Tyes for Gravel c. or by occasion of the same hereafter to be imprisoned by any manner of person c. being Officers or Ministers of the Stannery their Deputies or Substitutes that then every of the Iustices of Peace within any of the Counties aforesaid viz. Devonshire or Cornwal wherin the said Prisoner shall happen to be Committed to Prison upon credible Information thereof taking Surety by his descretion for Appearance of such Prisoner at the next general Sessions of the Peace shall have Power c. as well to direct his Warant to the Goaler c. as to any other Person to whom the said Prisoner shall be committed unto commanding him c. upon pain c. of 40 l. to deliver and put at large the said Prisoner c. 27 H. 8. Cap. 23. § 4. N. 1. § 2. N. 6. And if it shall appear upon the Appearance of such Prisoner at the Quarter Sessions by examining of the Iustices of Peace there being Justices that he was imprisoned contrary to the form of this Statute then he shall be forthwith dismissed and thereby discharged and if he were lawfully Imprisoned for any other just Cause then to be remanded to Prison by the discretion of the said Iustices 27 H. 8. Cap. 23. § 4. N. 3. Cap. 1◠§ 3. And be it Enacted c. that the Lord Chancellor of England Sewers c. at all times c. upon request to him to be made by the Mayor and Commonalt◠of the said City viz. of York and Town viz. of Hull or by any other Citizen and Burgess of the said City and Town c. or other person by them under the common Seals of the said City and Town Authorised shall have Power and Authority by his discretion to make and direct like Commission viz. as for Surety unto eight sad and discreet persons whereof four of them be of the Citizens and Inhabitants of the said City and Town and the other four to be Iustices of Peace whereof two to be of the West-Riding and the other two of the East-Riding of the County of York not of Fee nor retained with the said City or Town that they eight seven six five or four of them whereof two of them shall be of the said City and Town and the other two Iustices of Peace the one of the East-Riding the other of the West-Riding of the said County by Virtue of the said Commission shall and may the said Owners assign and appoint to pull up and redress viz. in the River of Ouse and the water of Humber or cause to be pulled up and redressed within thirty days after monition given to the said Owners by the said Commissioners or by such of them taking the charge of the Execution of the said Commission such and as much of the said Fish-gart his and other Impediments to be made in the said Waters viz. of Ouse and Humber to the Let Disturbance Damage or Ieoperdy of any Ships Keyls Boats or any other Vessels passing or repassing to or from the said City of York to the said Town of Hull as by them shall be thought meet and convenient 24 H. 8. C. 1◠§ 2. N. 4. And if the Offence Fowle viz. not endeavouring to destroy Crows Rooks and Choughs be done contrary to this Statute by any person c. which shall dwell and have the Manurance of and in such Mannors Meases Lands Tenements or Hereditaments whereunto such Leets Law-days Rapes and Courts do not belong or by reason whereof any such Courts be not holden that then upon a Presentment thereof had before the Sheriffs c. or Iustices of Peace in their Sessions c. the Iustices of Peace or two of them at the least if the Presentment be before them in their Sessions shall assess and set the said Amerciament after the quantity of the Offence by their discretions c. Justices And further be it Enacted § 5. N. 1. c. That as well the Iustices of the Peace in their Sessions c. to be hereafter holden before them or any of them shall give in Charge to the Tenants and Inhabitants and all other appearing before any of them that they shall duly inquire and put in execution the effect of the Premises in due time viz. yearly so that this Act may be fully executed and Choughs Crows and Rooks thereby destroyed in all parts of this Realm c. Fowle And if any such Owner or Farmer viz. on whose Grounds Rooks § 7. N. 2. Choughs or Crows be killed refuse to pay the said mony accordingly as is aforesaid viz. two pence for twelve a penny for six a half-penny for three old Rooks Choughs or Crows killed then upon Complaint and Proof thereof made to any of the Iustices of Peace or High-Constable the said Iustice of Peace or High-Constable shall cause the said mony to be levyed by distress of the Goods and Cattels of every such Farmer or Owner refusing to pay the same
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
made 32 H. 8. cap. 7. § 4. N. 1. § 1. N. 6. And to commit the same Person or Persons to ward Imprisonment there to remain without Bail or Mainprise till that he or they shall have found sufficient Surety to be bound by Recognizance or otherwise before the Kings said Counsellor or Iustice of Peace or any other like Counsellor or Iustice of Peace to the use of our said Soveraign Lord the King to give due obedience to the Process Proceedings Decrees and Sentences of the Ecclesiastical Court of this Realm wherein such Suit or matter for the Premises shall depend or be § 1. N. 7 And that every of the Kings said Counsellors Justices or two Iustices of the Peace whereof the one to be of the Quorum as is aforesaid shall have full power and authority by vertue of this Act to take receive and record Recognizances and Obligations in any of the Causes above-written C. 24. § 2. N. 1. And be it also Enacted c. That no Person or Persons of what estate Deputy degree or condition soever they be c. shall have any power or authority to make any c. Iustices of Peace c. Lambert 25. § 2. N. 2. But that all such Officers and Ministers shall be made by Letters Patents under the Kings Great Seal Patents in the name and by the authority of the Kings Highness and his Heirs Kings of this Realm in all Shires Counties Counties Palatine and other places of this Realm Wales and the Marches of the same or in any other of his Dominions at their pleasure and wills in such manner and form as c. Iustices of the Peace c. commonly made in every Shire of this Realm any Grants Vsages Prescription Allowance Act or Acts of Parliament or aâ— other thing or things to the contrary thereof notwithstanding Indictment And that in every Writ and Indictment § 4. N. 1. that shall be made in any such County Palatine or Liberty c. whereby it shall be supposed any thing to be done against the Kings Peace shall be made and supposed to be done only against the Kings Peace his Heirs and Successors and not against the Peace of any other Person or Persons whatsoever they be any Act of Parliament Grant Custome Vsage or Allowance in Eyre before this time had granted or used to the contrary notwithstanding Franchise Provided alwayes that § 5. N. 1. c. Iustices of Peace to be made and assigned by the Kings Highness within the County Palatine of Lancaster shall be made and ordained by Commission under the Kings usual Seal of Lancaster in manner and form as hath been accustomed any thing in this Act to the contrary thereof notwithstanding Corporation Provided also that all Cities Boroughs § 6. N. 1. and Towns Corporate within this Realm which have liberty power and authority to have Iustices of Peace c. shall still have and enjoy their liberties and authorities in that behalf in such like manner as they have been accustomed without any alteration by occasion of this Act any thing in this Act or in any Article therein contained to the contrary thereof notwithstanding Justices And it is Enacted c. That all such Iustices to be made § 16. N. 1. as is afore rehearsed in this Act shall have authority and power to keep and hold their Sessions of Peace c. from time to time only within the same Liberties and Franchises and in such places and in none other places by reason and authority of that Commission and to do and execute all other things within the same in as ample and large manner as any other Iustices of Peace c. in any Shire within this Realm may do and have authority to do any Act Grant Vse Custome and Allowance heretofore had made or used or any Article in this present Act made to the contrary notwithstanding Franchise Provided alwayes That all and singular Iustices of the Peace § 17. N. 1. c. hereafter to be made named and appointed by the Kings Highness his Heirs and Successors within any Liberty where any such Iustice of Peace c. have been made by any person or persons by virtue or authority of any Letters Patents of the Gift or Grant of our Soveraign Lord the King or his most noble Progenitors Kings of this Realm or otherwise shall sit and keep their Sessions c. only in such place and places as the Iustices of the said Liberties lately have commonly used within the said Liberties Corporation And that no Person or Persons within the said Liberties § 17. N. 2. or any of them shall be hereafter in no wise compelled by authority of this Act to appear out of the said Liberties before any other Iustices c. of the Peace then before such Iustices as shall be named and assigned to sit and be by the Kings Highness his Heirs and Successors within the said Liberties in form aforesaid Cinque Ports Provided always and be it Enacted § 20. N. 1. that Thomas now Bishop of Ely and his Successors Bishops of Ely and their temporal Steward of the Isle of Ely for the time being and every of them shall from henceforth be Iustices of Peace within the said Isle and shall use and exercise all manner of things within the same Isle that appertain or belong to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as ample and large manner as any other Iustices 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 Eccles Persons Provided always and be it Enacted § 21. N. 1. that Cuthbert now Bishop of Durham and his Successors Bishops of Durham and their temporal Chancellor of the County Palatine of Durham for the time being and every of them shall from henceforth be Iustices of the Peace within the said County Palatine of Durham and shall exercise and use all manner of things within the same County Palatine that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as â—â—â—â—ple and large manner as any other Iustices 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 § 22. N. 1. Provided alwayes and be it Enacted Justices That Edward now Arch-Bishop of York and his Successors Arch-Bishops of York and their temporal Chancellor of the Shire and Liberty of Hexam otherwise called Hextoldsham for the time being and every of them shall from henceforth be Iustices of Peace within the said Shire
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
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
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
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
otherwise as the Cause shall require Poor Nor viz. this Statute shall not extend to any Cottage to be made § 6. N. 4. which for any just respect upon Complaint to the Iustices of Assize at the Assizes or to the Iustices of Peace at the Quarter Sessions be decreed to continue for Habitation or for and during so long time only as by such Decree shall be altered and limited Force Be it Ordained Declared and Enacted c. viz. on 8 H. 6. Cap. 9. C. 11. § 3. N. 3. § 7. N. 1. that no restitution upon any Indictment of forcible Entry or holding with force be made to any person or persons if the person or persons so indicted hath had the Occupation or hath been in quiet Possession for the space of three whole years together next before the day of such Indictment so found and his her or their Estate or Estates therein not ended or determined Restitution Which the Party indicted shall and may alledge for stay of Restitution § 3. N. 4. and Restitution to stay until that be tryed if the other will deny or traverse the same Market Overt The one half of all which Forfeitures viz of not Tolling C. 12. § 2. N. 9. or Vouching or Entring Sale of Horses in Market c. to be to the Queens Majesty her Heirs and Successors and the other half to him or them that will sue for the same before the Iustices of Peace or in any of her Majesties ordinary Courts of Record by Bill Plaint Action of Debt or Information in which no Essoyn or Protection shall be allowed Cattle And be it further Enacted § 3. N. 1. that the Iustices of Peace in every Place and County as well within Liberties as without shall have Authority in their Sessions within the limits of their Authority and Commission to inquire hear and determine all Offences against this Statute viz. of selling Horses in Fairs and Markets as they may do any other matter tryable before them Pope And that the Iustices of Peace before whom any such Abjuration shall happen to be made c. viz. by Party absent a Month from Church 35 Eliz. C. 1. § 2. N. 3. or at Conventicle c. shall cause the same presently to be entred of Record before them and shall certify the same to the Iustices of Assizes and Goal-delivery of the County at the next Assizes or Goal-delivery to be holden in the same County Pope That in every such Case C. 2. § 8. N. 4. viz. where a restrained Papist exceeds five Miles of Home and is unable to pay Fine and doth not reform every such Offender being thereunto warned or required by any two Iustices of Peace or Coroner of the same County where such Offender shall then be shall upon his or their Corporal Oath before any two Iustices of the Peace or Coroner of the same County abjure this Realm of England and all other the Queens Majesties Dominions for ever Justices And that every Iustice of Peace and Coroner before whom any such Abjuration shall happen to be made as is aforesaid § 9. N. 1. shall cause the same presently to be entred of Record before them and shall certify the same to the Iustices of Assizes or Goal-delivery of the said County at the next Assizes or general Goal-delivery to be holden in the same County C. 4. § 1. N. 1 Be it Enacted Poor c. that every Parish within this Realm of England and Wales shall be charged to pay weekly such a sum of mony towards the relief of the sick hurt and maihmed Souldiers and Mariners that c. shall lose their Limbs or disable their Bodies having been pressed and in pay for her Majesties Service as by the Iustices of Peace or the more part of them in their general quarter Sessions to be holden in the several Counties c. about the Feast of St. John Baptist yearly shall be appointed § 1. N. 3. So as no Parish be rated above the sum of six pence Taxes nor under the sum of one penny weekly to be paid 39 Eliz. C. 2. § 9. N. 1. And be it further Enacted Husbandry c. that the Iustices of Assize or Iustices of Peace in every County within this Realm at the Assizes or quarter or general Sessions shall have full Power and Authority by vertue of this Act to inquire hear and determine all and every the Defaults and Offences committed or done contrary to this Act viz. Husbandry and Tillage within the County where any such Assizes or Sessions shall be kept by Inquisition Presentment Indictment Bill or Information or by any of the same ways or means § 9. N. 2. And upon the Conviction of the Offender Forfeitures by Information or Suit of any other than her Majesty her Heirs or Successors to make Extracts of one third part of the Forfeitures to be levyed for the Queens Majesty her Heirs and Successors as they use to do of other Fines Issues and Amercements grown in the Sessions of the Peace § 9. N. 3. And to award Execution of the two other third parts Execution the one for the Complainant or Informer and the other to the Poor by the discretion of the Iustices of Peace of the general Sessions against the Offender by Fieri facias and Capias as her Majesties Iustices at Westminster may do and use to do § 9. N. 4. And if any such Conviction shall hereafter happen to be at her Majesties Suit only Process that then the Forfeitures to be Extracted and levyed for her Majesty her Heirs and Suecessors to the uses aforesaid § 9. N. 5. And it is also further Enacted Husbandry that if any person shall hereafter be punished by vertue of this Act viz. of Husbandry and Tillage that the same person shall not otherwise be vexed troubled sued or put to any pain or punishment for the thing wherefore he or they shall have been so punished C. 3. § 1. N. 1. Be it Enacted c. that the Church-wardens of every Parish Poor and four substantial Housholders there being Subsidy-men or for want of Subsidy-men some other substantial Housholder of the said Parish who shall be nominated yearly in Easter week under the Hand and Seal of two or more Iustices of the Peace in the same County whereof one to be of the Quorum dwelling in or near the same Parish shall be called Overseers of the Poor of the same Parish 43 Eliz. Cap. 2. § 1. N. 1. § 1. N. 4. And also to raise weekly or otherwise Taxes by Taxation of every Inhabitant and every Occupier of Lands in the same Parish in such competent c. sums of mony as they shall think fit a convenient stock of Flax Hemp Wool Thred Iron and other necessary Ware and Stuff to set the Poor on work and also
contrary thereof notwithstanding Apprentices And for the better Execution of this Act be it further Enacted C. 3. § 6. N. 1. c. that all c. appointed by this Act to have the imploying and disposing of any sum or sums of mony so given or to be given as aforefaid viz. for binding out Apprentices c. within any Town or Parish not Corporate shall c. once every year in the Easter week or within one Month next after Easter day make a true and perfect Account before four three or two Iustices of the Peace dwelling in or next to every of the said Towns or Parishes of all such sum and sums of mony as they or any of them have imployed in binding of Apprentices by vertue of this Act and of all Bonds and Obligations taken for the paiment thereof and also of all such sums of mony as then shall haypen to be remaining in their hands not imployed Poor Which houses viz. of Correction shall be purchased C. 4. § 2. N. 2. conveyed or assured unto such person or persons as by the Iustices of Peace or the more part of them in their Quarter Sessions of the Peace to be holden within every County of this Realm of England and Wales upon Trust to the intent the same shall be used and imployed for the keéping correcting and setting to work of the said Rogues Vagabonds or sturdy Beggers and other idle and disorderly persons Justices And be it further Enacted § 4. N. 1. c. that the Iustices of Peace of every County within the Realm of England and Wales at their Quarter Sessions of the Peace to be holden before their several Counties next after the erecting providing or building of the said house or houses and from time to time or the most part of them shall elect nominate and appoint at their Will and Pleasure one or more honest fit person or persons to be Governour or Masters of the said house or houses so to be purchased erected built or provided Process And be it further Enacted § 5. N. 1 c. that the said Iustices of Peace of every County within every of their several Divisions twice in every year at the least and oftner if there be occasion shall assemble and meet together for the better Execution of this Statute and that some four or five days before their Assembly and meeting the said Iustices or the more part of them shall by their Warrant command the Constables and Tything-men of every Hundred Town Parish Village and Hamlet within their several Divisions which shall be assisted with sufficient men of the same Places to make a general privy search in one Night within their said Hundreds Towns Villages and Hamlets for the finding out and apprehending of the said Rogues Vagabonds wandring and idle persons Poor And that such Rogues Vagabonds § 5. N. 2. wandring and idle persons as they shall then find and apprehend in the said search shall by them be brought before the said Iustices at the said Assembly or Meeting there to be examined of their idle and wandring Life there to be punished or otherwise by their Warrant to be sent or conveyed unto the said House c. of Correction within the said County or to his Deputy or assigned to be set to labor and work Constables At which days and times of Assembly and Meeting so to be held by the said Iustices of Peace § 5. N. 3. the Constables and Tything-men of every Hundred Parish Town Village and Hamlet shall then appear in every their several Divisions before the said Iustices of Peace at the said Assemblies or Meetings and there shall give Account and Reckning upon Oath in Writing and under the Hand of the Minister of every Parish what Rogues Vagabonds and wandring and disorderly persons they have apprehended both in the same search and also between every such Assemblies and Meetings and how many have been by them punished or otherwise sent unto the Houses of Correction which if the said Constables or Tything-men shall neglect to perform as also to convey safely all such Rogues with all other idle and disorderly persons at the Charge of the Hundred as by the Iustices of Peace their Warrants shall be sent unto the houses of Correction in the same County that then they shall forfeit such further Fines Pains and Penalties as by the said Iustices of Peace or the most part of them shall be thought fit and convenient not exceeding the sum of 40 s. for every Offence § 6. N. 1. Be it therefore Enacted Poor c. that the said Masters or Governours of the said houses of Correction shall have such sums of mony yearly as shall be thought meet by the most part of the Iustices of Peace within the said County at the Quarter Sessions of the Peace the same to be paid Quarterly beforehand by the Treasurers appointed c. viz. 43 Eliz. Cap. 2. § N. during the time they the said Masters and Governours shall be imployed in the said Service the said Master and Governor giving sufficient Security for the continuance and performance of the said Service § 7. N. 1. And because great Charge ariseth upon many places within this Realm by reason of Bastardy Bastardy beside the great Dishonour of Almighty God Be it therefore Enacted c. that every lewd Woman which c. shall have any Bastard which may be chargeable to the Parish the Iustices of Peace shall commit such lewd Women to the house of Correction there to be punished and set on work during the term of one whole year § 7. N. 2. And if she shall Eftsoons offend again Imprisonment that then to be committed to the said house of Correction as aforesaid and then to remain until she can put in good Sureties for her good behavour not to offend so again § 8. N. 3. And if either such Man or Woman viz. having Children likely to charge the Parish being able to work Process and shall threaten to run away and to leave their Families c. the same being proved by two sufficient Witnesses upon Oath before two Iustices of Peace in that Division that then the said persons so threatning shall by the said Iustices of Peace be sent to the houses of Correction unless he or she can put in sufficient Sureties for the discharge of the Parish there to be dealt with and detained as a sturdy wandring Rogue and to be delivered at the said Assembly or Meeting or at the Quarter Sessions and not otherwise § 9. N. 1. Be it therefore Enacted Amercement c. that if they viz. the Masters of houses of Correction shall not every Quarter Sessions yield a true and lawful Account unto the Iustices of Peace of all such persons as have been committed to their Custody or if the said persons committed to their Custody or any of them
Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said several Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Taxes Provided that the said County of Northumberland be not by force of this Act at any time charged above the Sum of Five hundred pounds in the year § 3. N. 1. nor the said County of Cumberland charged above the Sum of Two hundred pounds in the year Justices And for this end and purpose the said several Iustices of the Peace of the respective Counties aforesaid N 2. are hereby Impowered and Authorized at their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain Number of men not exceeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered persued apprehended and brought to tryal of the Law Justices And all and every the said Iustices of the Peace of the respective Counties aforesaid or the major part of them N. 3. at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further Impowered and Authorized by force of this present Act to make and issue forth their respective Warrants under their Hands for the levying and collecting any Sum or Sums of Money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to Raise Levy and Collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendring the overplus if there be any to the respective Owner or Owners Peace And the said Iustices of Peace in the said several Counties N. 4. or any one of them respectively are hereby also Authorized to Examine any complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall neglect refufe or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter-Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withal according to Iustice § 4. N. 1. And the said respective Iustices of the Peace as aforesaid Account are hereby further impowered and authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Monies by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at their General Sessions of the Peace to be holden for the said respective Counties N. 2. And the said Iustices are also impowered to agree and article with such person or persons yearly as they shall think fit to Imploy in the said Service Justices and to take sufficient security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the People according to the true intent and meaning of this Act. § 5. N. 1. And in case any person or persons shall in pursuance of this Act be imployed in the border Service and shall at any time hereafter wilfully and corruptly War or for any sinister respect whatsoever neglect or forbear to discover or apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be Convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the Quality of his or their Offence as the Iustices of Peace at their General Sessions shall think fit to inflict § 6. N. 1. Provided nevertheless and be it hereby declared Taxes that it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said Charge if they sée cause § 7. N. 1. Provided that this Act shall continue and be in force for Five years Dayes and no longer 18. Car. 2. 3. § 1. N. 2. § 8. N. 1. Provided alwayes and be it further Enacted Scotland c. That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James viz. 4 Jac. 1. 7 Jac. 1. shall be renewed and put in execution according to the true Intent C. 26 § 6. N. 4. All and every of which said Offences viz. want of weight and mark of Vessels and ill salting and packing of Butter are to be inquired of sued for Victual heard and determined in the Sessions of Peace for the County City Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such Offence shall be Committed by Action of Debt Indictment Information or Presentment wherein no Essoin Protection or wager of Law shall be allowed to the Defendant C. 28. § 5. N. 1. And be it further Enacted c. that if any Idle or Suspitious person Fish c. shall in the night assemble and flock together about the Boats Wells or Cellars belonging to any Pilchard Coast upon any the Coasts of Cornwal or Devon having no business there to do and being warned by the Company or Owner of such Boats or Cellars to be gone that then upon complaint made to any one Iustice of the Peace every such person or persons refusing so to do shall pay Five shillings to the Poor of the Parish where such Offence was committed or shall be set in the Stocks for the space of five hours C. 32. § 2. N. 1. For prevention of all which abuses Drapery and deceits viz. in broad Wollen Cloth It is Enacted c. that c. there be and shall be a Corporation to continue forever within
shall use Imploy or Travel upon the Lords Day with any Boat Wherry Lighter or Barge Religion except it be upon Extraordinary occasion to be allowed by some Iustice of the Peace of the County or head Officer or some Iustice of the Peace of the City Borough or Town Corporate where the Fact shall be Committed N. 3. Vpon pain that every Person so Offending shall forfeit and lose the Sum of Five shillings for every such Offence Forfeiture N. 4. And that if any person Offending in any of the Premisses Dayes shall be thereof Convicted viz. for Trading on the Lords Day c. before any Iustice of Peace of the County or the Chief Officer or Officers or any Iustice of Peace of or within any City Borough or Town Corporate where the said Offences shall be Committed upon his or their View or Confession of the Party or proof of any one or more Witnesses by Oath which the said Iustices Chief Officer or Officers is by this Act Authorized to Administer the said Iustice or Chief Officer or Officers shall have Warrant under his or their Hand and Seal to the Constables or Church-wardens of the Parish c. where such Offence shall be Committed to Seize the said Goods cried shewed forth or put to Sale as aforesaid and to Sell the same and to Levy the said other Forfeitures and Penalties by way of Distress and Sale of the Goods of every such Offender distrained rendering to the said Offenders the overplus of the Monies raised thereby N. 5. And in default of such Distress or in Case of Insufficiency or Inability of the said Offender to pay the said Forfeitures or Penalties Imprisonment that then the party Offending be set publickly in the Stocks by the space of Two hours N. 6. And all and singular the Forfeitures or Penalties aforesaid viz. for Trading or Travelling Forfeiture c. on the Lords Day shall be Imployed and Converted to the use of the poor of the Parish where the said Offences shall be Committed saveing only that it shall and may be lawful to and for any such Iustice Mayor or head Officer or Officers out of the said Forfeitures or Penalties to reward any person c. that shall Inform of any Offence against this Act according to their Discretions so as such reward excéed not the third part of the Forfeitures or Penalties Statuta 29 30 Car. 2. Scotland BE it therefore Enacted 29 30 Car. 2. 2. § 1. N. 2. c. viz. because found necessary that the said two former Acts viz. 13 14 Car. 2. 22 18 Car. 2. 3. and either of them and every matter Clause and Clauses therein contained and all and every the Powers and Authorities thereby given shall be continue and remain in full force from henceforth for and during the space and time of Seven years and also from thence until the End of the first Session of the next Parliament Peace Be it further Enacted § 2. N. ◠c. that the said several Iustices of the Peace of the said respective Counties shall from time to time at the respective Quarter-Sessions take good and sufficient Security of the Person or Persons by them Imployed in the said Service for the preservation of the said respective Counties from Theft and Rapine to answer the Damages sustained by any person or persons by his or their neglect or default therein and to pay and satisfie the same within Four months after that proof thereof shall be made by the Oath of one or more Credible Witnesses before the Iustices of the Peace of the said respective Counties at the next Quarter-Sessions in the respective County Oath Which Oath or Oaths the said Iustice or Iustices are hereby Authorized to Administer N. 3. so as the Goods stoln be entred in one of the Books to be kept for that purpose within the space of xlviii hours after the same shall be stoln or gone Record And that Books shall be kept for that end in every Market Town of the said respective Counties and at such other Convenient places therein N. 4. and by such person or persons as the said Iustices of the Peace in the said respective Counties at their General Sessions of the Peace shall order or appoint Justices And be it further Enacted § 3. N. 1 c. that the said several Iustices of the Peace of the said respective Counties at the General Quarter-Sessions of the Peace for the said County respectively shall yearly or every two years at the furthest in open Court make choice thereof and appoint such Person or Persons as they shall respectively think fit for the said Counties respectively to be Imployed in the said Service Religion Provided that every Person and Persons employed for the preservation of the said respective Counties from Theft and Rapine § 4. N. 1. or as Treasurer for the said Service do receive the Sacrament of the Lords Supper according to the usage of the Church of England in some publick Church upon some Lords Day commonly called Sunday within the space of Thrée months after they shall enter upon such Imployment and deliver a Certificate thereof to the next Quarter-Sessions in the respective County where they shall be so Imployed and take the Oaths of Allegiance and Supremacy and make and subscribe the Declaration appointed to be made and subscribed in and by one Act in this present Parliament c. viz. 25 Car. 2. 2. c. under the Penalties and Forfeitures by the said Act appointed Statuta 30 Car. 2. 30 Car. 2. 3. § 4. N. 4. VIz. The Five pounds Penalty for not Burying in Woolen Drapery c. to be Levied by way of Distress and Sale thereof by Warrant of the Chief Magistrate in any Town Corporate or any Iustice of the Peace c. § 5. N. 1. And it is hereby further Enacted c. that the said Affidavit Oath viz. of Parties being Coffined in Woollen only shall be made or taken before some Iustice of the Peace or Master of the Chancery Ordinary or Extraordinary Mayor Baliff or other Chief Officer of the City County Borough Corporation or Market Town in the County where the said Party was Buried who are hereby Authorized and required to Administer the said Oath and to attest the same under their Hands upon such Affidavit gratis N. 2. And in Case no such Affidavit shall be brought to the Person Church c. where the said Party was Buried c. within the said Eight dayes that such Person c. shall forthwith c. cause notice thereof to be given in Writing under his Hand to the Church-warden or Overseers of the Poor of such Parish who shall within Eight dayes after such notice repair to the Chief Magistrate in any Town Corporate c. or else to any Iustice of the Peace who upon the
the Quorum License may prohibit and remove Common-Ale-selling and may also allow the same taking Bond with suretie by Recognizance for good rule to be kept in such Ale-houses c. by their discretion and they may also Commit and Imprison for three days those that keep Common-Ale-selling of their own heads against prohibition or without allowance thereof and may after take Recognizance of them with two Sureties that they shall keep none Dalt cap. 7. pag. 28. 373. c. Cromp. 198. b. 199. V. 2. Role 398. Anonym Mich. 21. Jac. in B. R. per Haughton Justice Indictment A man cannot be Indicted for keeping of an Ale-house without Licence for the Statute 5 and 6 Ed. 6. 25. § 4. N. 1. is that if any one hold an Ale-house without Licence that he shall be committed and by this the Justice of P. if they please to take notice of this may Imprison the party Palmer 388. 6. Dalt cap. 7 pag. 31. Lamb. 346. Seeing that the order of the Conditions of these Bonds is partly reserved to discretion Recognizance I will for the better bridling of these Nurseries of naughtiness leave with you that form of them which I have known practiced by that Honourable Justice the late Lord William Cobham Lord Warden of the five Ports Lord Chamberlain of the late Queen Elizabeths Houshold and one of her Privy-Council The Condition of this Recognizance is such whereas the within Bounden A. B. is admitted and allowed by the within named Lord Cobham and J. Lenison Knight two of the Queens Majesties Justices of the Peace within the County of Kent within Written to keep a common Ale-house or Tipling-house and to use common selling of Ale or Beer only within the now house of him the said A. B. and not elsewhere scituate in the High-street of the Town of M. within Written and called the Sign of the Hart. If therefore he the said A. B. during such time as he shall keep such Common Ale-house there shall not suffer any unlawful Play at the Tables Dice Cards Tennis Bowls Cloysh Coits Loggets or other unlawful Games to be used in his said House or in his Garden Orchard or other his Ground or Place nor dress or cause or suffer to be dressed any Flesh to be eaten upon any day forbidden by the Laws and Statutes of this Realm of England nor wittingly and willingly admit or receive into his said House or any part thereof any person notoriously defamed of or for Incontinence or Drunkeness or that shall be before hand notified to him the said A. B. by the Constable or Borsholder of M. aforesaid for the time being or by the Deputy or either of them to be an unmeet person to be received into a common Ale-house nor Keep or Lodge there any strange person above the space of one Day and one Night together without notice thereof first given to the Constable or Borsholder or the Deputy the one of them there and finally if the said A. B. during all the time that he shall keep common selling of Ale or Beer in the said house shall and will there use and maintain Good Order and Rule then this present Recognisance to be void or else to stand in full force power and vertue c. Dalt 373. Gâ—mes VII Dalt cap. 123. pag. 374. In the condition not to suffer Play c. adds especially by mens Servants Apprentices Common Labourers or Idle persons c. nor shall keep or Lodge there any strange person above the space of one day and one night together without notice thereof first given to the Constable or his Deputy there Recogn VIII Dalt cap. 123. pag. 376. Memorandum quod die Anno Regni Dom. Caroli c. Coram T. P. H. D. Armig. Justiciar dicti Dom. Regis ad pacem in Commitatu predict conservand assignat c. A. B. de c. C. D. de c. manuceperunt pro W. S. de c. Victualler viz. uterque manucaptores predict sub pena Quinque libar predict W. S. assumpsit pro se sub pena X. li. quas concesserunt se debere dicto Dom. Regi c. sub conditione sequenti Recogn The condition of this Recognisance is such that whereas the above or within Bounden W. S. is admited and allowed by the said Justices to keep a common Ale-house and Victualling-house until the first of April or for the space of one whole year next ensuing the date hereof and no longer in the house where he now dwelleth at in the said County of and not elsewhere in the said County If therefore the said shall not during the time aforesaid permit or suffer or have any Playing at Dice Cards Tables Coits Loggets Bowls or any other unlawful Game or Games in his House Yard Garden or Backside 2. Nor shall fuffer to be or remain in his House any person or persons not being his ordinary Houshold Servants upon any Sabbath day or Holy day during the time of Divine Service or Sermon 3. Nor shall suffer any person to Lodge or stay in his house above one Day and one Night but such whose true Name and Surname he shall deliver to some one of the Constables or in his absence to some of the Officers of the same Parish the next day following unless they be such person or persons as he or she very well knoweth and will answer for his or their forth-coming 4. Nor suffer any person to remain in his or her house Tippling or Drinking contrary to the Law 5. Nor yet to be there Tippling or Drinking after Nine of the Clock in the Night-time 6. Nor buy or take to Pawn any stollen Goods 7. Nor willingly harbour in his said House or in his Barns Stables or other where any Rogues Vagabonds Sturdy-Beggars Masterless-Men or other notorious offendors whatsoever 8. Nor suffer any person or persons to sell or utter any Beer or Ale or other Victual by Deputation or by colour of his or her Licence 9. And also if he shall keep the true Assize and Measure in his Pots Bread and otherwise in his uttering of his Ale Beer and Bread 10. And the same Beer and Ale to sell by sealed Measure and according to the Assize and not otherwise 11. And shall not utter or sell any Strong Beer or Strong Ale above a penny the Quart and Small Beer or small Ale above a half penny the Quart and so after the same Rates 12. and also shall not utter nor willingly suffer to be Vttered Drunke taken or tippled any Tobacco within his said house shop cellar or other place thereunto belonging that then c. IX Lamb. 3. cap. 2. pag. 351. In some Shires the Justices of the Peace do condescend upon certain Articles framed by their discretions Justice and generally to be propounded to all common Ale-sellers taking the Bond for the performance of the same Articles a Copy whereof they do usually deliver to every
Parish of St. M. C. in the County aforesaid in the Hundred of R. in the said County and upon his Corporal Oath then taken before me did say that upon Fryday the 8th day of May lay past at about the hour of seven of the Clock in the Afternoon of the same day in the Kings Highway at a certain place called E. F. in the Parish of C. in the aforesaid Hundred of R. in the said County of O. he was Assaulted by five men all unknown to him the said A. B. and they the said five men did then and there Feloniously take and carry away from him the said A. B. 100 l. in Moneys Numbred of the Moneys of him the said A. B. and also his Goods and Chattels that is to say one Ring with a deep Table Stone set in the same one Watch in two Gold Cases c. to the Value of 30 l. and Robbed him the said A. B. of all and every the Moneys Goods and Chattels aforesaid and the said A. B. was on the day and year first above mentioned upon his Oath aforesaid by me Examined whether he did know the parties that Committed the said Robbery or any of them and he then upon his Oath did say that he neither at the time of the said Robbery Committed nor at any time since did or doth yet know the said parties that Committed the said Robbery nor any of them In Testimony whereof I the aforesaid Justice have hereunto set my hand and Seal the day and year first above Written XXVIII Kilb. Precedents 163. A Hue and Cry on 28 Ed. 3. 11. § N. R. W. Esq One of his Majesties Justices of the Peace for the said County To all Constables Borshoulders and other his Majesties Officers within the said County or elsewhere within the Realm of England whom the Execution hereof may concern Greeting Kent ss Whereas I have received Information and Charge against A. B. who is a person of evil Fame who is charged before me to have assaulted and taken from the person of C. D. at c. 10 l. in Moneys Numbred c. and he the said A. B. is very much suspected to have committed several other Felonies and notwithstanding several endeavours for the apprehension of him he hath not as yet been apprehended but hath withdrawn himself and is fled These are therefore in His Majesties Name to Command you and every of you to make diligent search within your several Precincts for the said A. B. and to make Hue and Cry after him from Town to Town and from Country to Country according to Law and if you shall find the said A. B. that then you do carry him before some one of his Majesties Justices of the Peace within the County or place where he shall be taken to be dealt withall according to Law hereof fail not at your Perils Given under my Hand and Seal at c. the Tenth day c. Anno c. XXIX Pract. Precedents 53. An Indictment of a Constable for not prosecuting the Hue and Cry on Robery and Burglary Essex ss Juratores pro Domino Rege supra Sacramentum suum presentant quod quaedam personae adhuc ignotae 19 die Febr. Anno Regni c. vi Armis c. domum mansionalem cujusdam A. B. apud C. in Com' predict ' circa horam secundam post meridiem in nocte ejusdem diei Felonice Burglariter fregerunt intraverunt unam Thecam Birretam vocat ' a Cap Case c. ad valent 40 s. c. de Bonis Catallis ipsius B. adtunc ibidem invent ' Felonice Burglariter furati fuerunt ceperunt asportaverunt contra Pacem dicti Domini Regis nunc Coronam dignitatem suas predictusque A. B. immediate post Burglariam Feloniam predict ' in forma predict ' fact ' perpetrat ' viz. 20 die Martii Anno supradicto circa horam Nonam in nocte ejusdem diei apud C. predict ' levavit levari procuravit Hutesium Clamorem ad prosequend ' Felones predict ' secundum formam Statuti Domini Edwardi nuper Regis Angliae primi apud Winton An. Regni sui 13 in hujusmodi casu nuper edit ' provisi ratione cujus vestigationis prosecutionis Feloniae Burglariae Hutesii Clamoris predict ' per notitiam monitionem adtunc dat' C. D. adtunc Constabulario de S. predict ' in Com' predict ' Yeoman E. F. de eodem Laborer Hutetiam Clamorem Feloniae Burglariae predict ' ulterius non prosecut ' fuit secundum form ' Statut ' predict ' debitam legis formam ' hujus Regni Angl ' per quod Felones illi impuniti evaserunt escapiaverunt contra form ' Statut ' predict ' contra Pacem dicti Domini Regis Coronam dignitatem suas c. Fruiterers see Market Trades Fuell see Measures Fullers Earth see Drapery Gally Half-pence see Mony Games Plays Stage-Plays Archers Bowling Shooting Sports Vnlawful Games I. 33 H. 8. 9. § 3. N. 5. Apprentice And after Children and Servants come to the age of 17 years every of them shall provide and have a Bow and four Arrows continually for himself at his proper Costs and Charges and use and occupy the same in shooting c. Lamb. 473 474. II. Lamb. 191 122. Process Every Justice of Peace may as well within the Liberties as without enter into any Common house or place where any playing at Bowls Coyts Kayles half Bowl Tennis Dice Cards Tables or at any other Game prohibited by any former Statute of which sort be Foot-Ball and Casting of the Stone by 12 Rich. 2. 10. § N. or playing at any unlawfull Game already invented or hereafter to be invented shall be suspected to be used against 33 H. 8. 9. § 14. N. 1. and may Arrest as well the Keepers of such places as the Players there and Imprison them untill those Keepers find Sureties to the Kings use to be bound by a Recognizance or otherwise no longer to occupy any such play or place and that the persons found there playing be in like sort bound by themselves or with Sureties at the Discretion of the taker no more to play or haunt at or to any the said places or at any of the said Games And every Justice of Peace finding or knowing any person not excepted by this Statute to use any unlawfull Game contrary to this Act may Commit him to Ward there to remain without Bayl or Mainprise untill he become bound by Obligation to the Kings use in a Sum to be thought reasonable to that Justice that he shall not from thenceforth use such unlawfull Games Lambert 345. Crompt 131. 196. § 4 79. a Kitch 48. Dalt 63. cap. 23. Apprentice III. Lambert 174 175. If any Artificer of any occupation or any Husbandman Apprentice Laborer Servant at Husbandry Journyman or any servant of Artificer or any Mariner Fisherman
gathereth Attenders at four several Sessions which also falleth out accordingly in those Shires where they have twelve or sixteen Sessions For albeit that they do not at any one time Summon the Shires to any one place as the other do yet dividing their Shire into three or four parts and keeping four several Sessions in each of those parts they also as well as the other do serve their whole Country with four sundry sittings and therefore in mine opinion though none of these do follow the precise Letter of the Law which requireth but only four Quarter Sessions in every year yet every of them draweth near to the true meaning of the Law which looketh for nothing else but that the Court of these Sessions should yearly be four times opened for the whole County CXCII Lamb. 586 587. But if there be any that do for this purpose divide their Shires into halves and do hold only four Sessions in the year Execution that is to say two in one part and two in the other calling the one half of their Hundreds to those two Sessions at the one place and the other half to the other two Sessions holden at the other place These men as some have thought do neither retain the Letter nor attain the meaning of the Law in this doing for upon the matter no part of their shire hath any more then two Sessions which manner who seeth not how much it may hinder Justice CXCIII Lamb. 588. Neither may I well omit Lieu. that this doing may breed Danger to the Justices themselves while any of them having taken a Recognizance of a Tipler doth not certifie it until the Sessions happen to be in his own part and in the mean season the next Sessions of the Peace within the Shire chanceth to be holden in the other part whereof what may follow 5 6 Ed. 6.25 § 2. N. 3. will tell you and teach them the like Fault is it not the like Forfeit so to retain a Recognizance taken for the Peace as you may see 3 H. 7.1 § 1. N. 26. CXCIV 25 Ed. 3.8 § 1. N. 1. Item That the said Justices make their Sessions in all the Counties of England at the least four times a year Days that is to say at the Feast of the Annuntiation of our Lady St. Margaret St. Michael and St. Nicholas and also at all times that shall need according to the discretion of the said Justices Lamb. 588.590 Crumpt 123. § 10.12 CXCV. 36 Ed. 3.12 § 1. N. 1. Item Sessions In the Commission of the Justices of the Peace and of Labourers express mention be made that the same Justices make their Sessions four times by the year that is to say one Sessions within the Vlas of the Epiphany the second within the second Week of Lent the third betwixt the Feast of Pentecost and of St. John Baptist the fourth within the eight Days of S. Michael Lamb. 589.590 CXCVI. Lamb. 589. The Statute 12 R. 2.10 § 1. N. 2. doth afterward set the matter at liberty saying That the said six Justices Days shall keep their Sessions in every Quarter of the year at the least and by three days if need be upon pain to be punished according to the discretion of the King's Council at the suit of every man that will complain But they of Middlesex be excepted by 14 H. 6.4 § 1. N. 3. Crumpt 124. § 21. CXCVII Lamb. 589. Lastly Sessions The Statute 2 H. 5.4 § 2. N. 2. and that the Justices of the Peace make their Sessions four times by the Year that is to say in the first week after the Feast of St. Michael and in the first week after the Epiphany and in the first week after the Clause of Easter and in the first week after the Translation of St. Thomas the Martyr and more often if need be And that the same Justices hold their Sessions throughout the Realm of England in the same weeks every year from henceforth CXCVIII. Lamb. 589 590. That 25 Ed. 3.8 § 1. N. 1. doth in shew and in common opinion concern the Sessions of the Justices of the Peace Day◠but in truth it belongeth not at all to them for it was made to direct the Justices of Labourers in the time of holding their Sessions and they were not Commissioners of the Peace but especial Justices for the Causes of Labourers alone not resident in the Country but sent down for the time of that Service as it may expresly appear not only by the Preamble and all the parts of the said Statute it self but also by 28 Ed. 3. 5. § N. 31 Ed. 3. 6. § N. 34 Ed. 3. 11. During all which time the Wardens of the Peace were neither called Justices by any Statute nor Authorized to deal with Labourers until 42 Ed. 3. 6. Crumpt 123. § 12. Sessions CXCIX Lamb. 599. But neither that 36 Ed. 3. 12. maketh any Law for holding the Sessions of the Peace at this day as well because it was set at large by 12 R. 2. 10. as also if it were not because the Commissions of our time use no such mention as it Commands Days CC. Lamb. 591. That 2 H. 5. 4. restrained 12 R. 2. 10. yet so as one of these Statutes doth not fret the other but the latter is an Exposition of the former so that it is all one as if they both had been but one Law and should have said that the Justices of Peace shall hold their Sessions in every quarter of the year at the least namely in the first week after St. Michael in the first week after the Epiphany c. Crumpt 123. b. § 17 18. Sessions CCI. Lamb. 591 592. Now to prove that the Quarter Sessions of the Peace were or ought to be holden after the Prescript of 2 H. 5. 4. until 5 Eliz. 4. § 2. N. 1. First Mr. Marrow saith plainly that in his days the Quarter Sessions were so holden Secondly 11 H. 7. 15. § 1. N. 20. 19 H. 7. 6. § 1. N. 15. 4 H. 8. 7. § 6. N. 2. 27 H. 8. 5. § 1. N. 4. 32 H. 8. 43. § 1. N. 8. do account of these Sessions to be holden accordingly Crumpt 123. § 18. Days CCII. Lamb. 594 595. upon 5 Eliz. 4. § 2. N. 1. some have thought that 2 H. 5. 4. is Repealed because this Statute was made for Labourers and it falls out unseasonable to hold the Michaelmas Sessions so near the Term And others do think the contrary that some part of the Statutes of Labourers must needs remain in force because all are not Repealed and therefore 12 R. 2. 3. 23 H. 6. 13. be yet in force for so much of them as doth concern Victuallers c. for that they concern not the Hiring Keeping c. or order of Servants c. which might be done without the Sessions of the Peace but the General Service of
viz. 5 Eliz. 3. and every Branch Article Clause and Sentence in them and every of them contained shall be from and after the Feast of Saint Bartholomew the Apostle next coming utterly void frustrate and of none effect CCLXX. 14 Eliz. 5. § 2. N. 1 Be it also Enacted Nusans c. as well for the utter suppressing of the said outragious enemies to the common-weal as for Charitable relieving of the aged and impotent poor people in manner and form following CCLXXI. 14 Eliz. 5. § 2. N. 2. First that all and every person and persons whatsoever they be being above the age of fourteen years Infant being hereafter set forth by this Act of Parliament to be Rogues Vagabonds or sturdy Beggers and be at any time after the Feast of Saint Bartholomew the Apostle next coming taken Begging in any part of this Realm or taken Vagrant wandring and misordering themselves contrary to the purport of this present Act of Parliament in any part of the same shall upon their apprehension be brought before one of the Justices of the Peace or Mayor or Cheif-Officers of Cities Boroughs or Towns-Corporate within the County City Borough or Town-Corporate where the Apprehension shall happen to be Imprisonment CCLXXII 14 Eliz. 5. § 2. N. 3. And by the said Justice or Head-Officer to be presently committed to the common Goal of the said County being apprehended within the County or else such other place as by the Justices of Peace of that County or three of them at any their general Sessions shall be appointed Corporation CCLXXIII 14 Eliz. 5. § 2. N. 4. And if he be taken within any City Borough or Town-Corporate then to be committed to the said City Borough or Town Corporate Bail CCLXXIIII 14 Eliz. 5. § 2. N. 5. There to remain without Bail or Mainprize until the next Sessions of the Peace or general Goal-Delivery for the said Shire City Borough or Town-Corporate to be holden which shall first happen Constable CCLXXV 14 Eliz. 5. § 2. N. 6. And the Constables or other Officers for the conveying of such Rogue or Vagabond by Commandment of the said Justices to have such reasonable charges for themselves and the Prisoner from time to time born by the Parish or Parishes where the said Rogue or Vagabond shall happen to be taken as to the discretion of the Justices of Peace present at the next Assizes or at the Sessions of the Peace then next kept within the limit where the Prisoner is apprehended shall seem convenient Sessions CCLXXVI 14 Eliz. 5. § 2. N. 7. At which Sessions or Goal-delivery if such person or persons be duly convict of his or her Roguish or Vagabonds trade of Life either by Inquest of Office or by the Testimony of two honest and credible Witnesses upon their Oaths that then immediately he or she shall be adjudged to be grievously whipped and burnt through the Gristle of the right Ear with an hot Iron of the compass of an Inch about manifesting his or her punishment received for the same whereof entry shall be made of Record by the Clerk of the Peace of the same Shire in the Records of the same Sessions Execution CCLXXVII 14. Eliz. 5 § 2. N. 8. Which Judgment shall also presently be executed except some honest person valued at the last Subsidy next before that time to 5 l. in Goods or 20 s. in Lands or else some such honest Housholder as by the Justices of Peace of the same County or two of them shall be allowed will of his Charity be contented presently to take such Offender before the same Justices into his Service for one whole year next following and to that end will presently before the said Justices enter into Bond by Recognizance to the use of our Soveraign Lady the Queen to pay to our said Soveraign Lady the sum of 5 l. if he keeps not the said Offendor in his Service by the space of the said whole year and to bring him or her unto the Sessions at the years end or then good proof of his or her death during the said year Fees CCLXXVIII 14 Eliz. 5. § 2. N. 9. The said Clerk of the Peace taking for the said Recognizance but 12 d. only Departure CCLXXIX 14 Eliz. 5. § 2. N. 10. And if such Rogue or Vagabond so taken into Service depart within the said year from the said Service against the will of him that so taketh him or her into Service that then such Rogue or Vagabond shall be whipped and burnt through the Gristle of the right Ear with a hot Iron as is aforesaid Bail CCLXXX 14 Eliz. 5. § 3. N. 1. Provided always nevertheless that if the said person so committed or to be committed come before the next Sessions of the Peace or the next Goal-delivery to be holden for the said County or before their committing and do find any such Surety as is next before recited to be bound in form aforesaid for him or her for one whole year then the said person shall not tarry in the Goal till the next Sessions or till the next Goal delivery CCLXXXI 14 Eliz. 5. § 4. N. 1. And be it further Enacted Pain that the said person or persons so marked or adjudged to be burnt as aforesaid shall not be dealt withal again by way of punishment by the space of forty days next after the said punishment executed or adjudged to be burnt as is aforesaid if he or she have Licence for the said forty days from two Justices of the Peace of the same Shire testifyng the Punishment received or Judgment given CCLXXXII 14 Eliz. 5. § 4. N. 2. But if after the said punishment Executed or Judgment given the said person or persons Coron so marked or haveing received such Judgment do after threescore days next after he she or they shall be so marked either in the same County where he or she was so marked or having received such Judgement or else in any other County within the said Realm of England or Wales being of the age of Eighteen years or above do Eftsoons fall again to any kind of Roguish or Vagabond trade of life that then the said Rogue Vagabond or Sturdy Begger from thenceforth to be taken adjuged and deemed in all respects as a Felon CCLXXXIII 14 Eliz. 5. § 4. N. 3. And shall in all degrees receive have Forfeiture suffer and forfeit as a Felon except some honest person valued at the last subsidy next before that time to 10 l. in Goods or 40 s. in Lands or else some such honest House-holder as by the Justices of Peace of the same County or two of them shall be allowed of meer Charity will be contented before such Justices as the said Vagabond is or shall be arrained of Felony to take him or her into his service for two whole years then next following and then before the same Justices will then presently
containing the Names and Surnames of all such Aged Decayed and Impotent Poor people as be within their said limits and Authorities which shall always remain with the said Justices Mayors Bailiffs or other Head-Officers or any one of them CCCXV. 14 Eliz. 5. § 14. N. 5. And when the number of the said Poor people forced to live upon Alms be by that means truely known Cottages then the Justices Mayors Sheriffs Bailiffs and other Officers shall within like convenient time devise and appoint within every of their several divisions meet and convenient places by their discretions to settle the same Poor people for their Habitations and abidings if the Parish within the which they shall be found shall not or will not provide for them CCCXVI. 14 Eliz. 5. § 14. N. 6. And shall also within like convenient time number all the said Poor people within their said several limits Apportionment and thereupon having regard to the number set down what portion the weekly charge towards the relief and sustentation of the said Poor people will amount unto within every their said several divisions and limits CCCXVII 14 Eliz. 5. § 14. N. 7. And that done they the said Justices Taxe Mayors Sheriffs Bailiffs and other Officers within every their several Commissions Authorities Divisions and limits shall by their good discretions Tax and assesse all and every the Inhabitants dwelling in all and every City Borough Town Village Hamlet and Place known within the said limits and divisions to such weekly charge as they and every of them shall weekly contribute towards the relief of the said Poor people CCCXVIII 14 Eliz. 5. § 14. N. 8. And the names of all such Inhabitants Taxed shall also enter into the said Register-Book Record together with their Taxation CCCXIX. 14 Eliz. 5. § 14. N. 9. And also shall by their discretions within every their said divisions and limits appoint to see Collectors Officers for one whole year to be appointed of the said weekly portion which shall Collect and gather the said proportion and make delivery of so much thereof according to the discretion of the said Justices Mayors Sheriffs Bailiffs and other Officers to the said Poor people as the said Justices Mayors Sheriffs Bailiffs and other Officers shall appoint them CCCXX 14 Eliz. 5. § 14. N. 10. And also shall appoint Overseers of the said Poor people by their discretions Overseers to continue also for one whole year CCCXXI. 14 Eliz. 5. § 14. N. 11. And if they do refuse to be Overseers then every of them so refusing Officer to forfeit 10 s. for every such default CCCXXII 14 Eliz. 5. § 15. N. 1. And be it further Enacted London c. that the Mayor of the City of London and the Mayor Sheriffs Baliffs and other Head-Officers of every other City Borough or Town-Corporate or his or their sufficient Deputy or Deputies within their Cities Boroughs and Towns-Corporate and the Constables or Tythingmen of all and every Hundred Rape and Wapentake within all and every such abiding place and places within their Hundreds limits and precincts as shall be appointed to settle the Poor people in shall once every month next after the said places so appointed be inhabited with the said Poor people according to the intent of this present Act of Parliament make a view and search of all the Aged impotent and Lame persons within the precinct of their Jurisdictions Lieu. CCCXXIII 14 Eliz. 5. § 15. N. 2. And all such person and persons as they shall find not being born within that division nor within the said Cites Boroughs or Towns-Corporate then shall they presently see the same Poor people not there born nor dwelling within the said three years except Leprous people and Bedrid people to be conveyed on Horseback in Cart or otherwise as shall seem best to their discretions to the next Constable and so from Constable to Constable the directest way till the said person and persons be brought to the place where he or she was born or most conversant by the space of three years next before Hospitals CCCXXIV 14 Eliz. 5. § 15. N. 3. And there to be put in the abiding place or one of the abiding places of that County appointed or to be appointed for the Habitation of the Poor people of that County there to be provided kept and nourished of Alms as is aforesaid upon pain of 20 s. every of the said Officers that is neglecting Vagabonds CCCXXV 14 Eliz. 5. § 16. N. 1. And be it further Enacted c. that if any of the said Poor people upon the appointment of the said Justices or other Officers refuse to be bestowed in any of the abiding places before mentioned but covet still to hold on their trade of Begging or after they be once bestowed in the said abiding place or places do depart and beg then the said person or persons so offending for the first offence to be accounted a Rogue or Vagabond in the first degree of punishment set forth by this Act in all points Pain CCCXXVI 14 Eliz. 5. § 16. N. 2. And if he she or they do the second time offend they to be esteemed as a Rogue or Vagabond in the last degree of punishment set forth by this Act in all points Forfeiture CCCXXVII 14 Eliz. 5. § 17. N. 1. And it is further Enacted c. that if any manner of person or persons appointed and Elected to be Collectors as is aforesaid shall refuse the said Office or shall after he hath agreed to it neglect the same he shall forfeit and lose for every offence to the use of the Poor of the same place 40 s. of lawful mony of England to be levyed by distress or recovered by Action Bill Plaint or Information in any Court of Record or Lords Court by the High-Constables or Tything-men aforesaid in which suit no Essoyn Protection nor Wager of Law shall be allowed or admitted to the party Defendent Constable CCCXXVIII 14 Eliz. 5. § 17. N. 2. And if the said High-Constables shall be remiss or negligent to sue or shall refuse to sue the said Collectors and every of them within two months next after such refusal or negligence in or by the said Collector that then the said High-Constables or Tything-men shall forfeit and lose 5 l. of lawful mony of England to the use of the Poor of the same place Justices CCCXXIX 14 Eliz. 5. § 17. N. 3. To be sued for by and in the name of two of the next Justices of the said place or places being out of the Cities Boroughs and Towns Corporate Corporation CCCXXX 14 Eliz. 5. § 17. N. 4. If within then by Mayor Bailiffs or other Head-Officers of the said Cities Boroughs or Towns-Corporate in any Court of Record or Lords Court by Action of Debt Bill Plaint or Information in which no Essoyn Protection or Wager of Law shall be
Jesuit For a Jesuit and his Receivers Essex ss Inquiratur pro Domino Rege si E. C. nuper de S. in Com. predicto Clericus natus apud S. predict ' in Com. predict ' atque infra Annum jam proximè preteritum factus professus Jesuita per Autoritatem à Sede Romana derivatam proditoriè apud S. predict ' in Comitatu predict ' sexto die Julij Anno Regni dicti Domini nostri Jacobi Dei Gratia Angl. Franciae Hiberniae Regis Fidei Defensoris c. à partibus transmarinis applicuit dicto sexto die Julij Anno supradicto nonnullis aliis diebus tunc proximè sequentibus apud S. predict ' in Comitatu predict ' proditoriè moram fecit ac remansit contrà formam cujusdam Statuti in Parliamento Dominae Elizab ' nuper Reginae Angl. tento apud Westm in Com. Middlesex Anno Regni sui vicessimo septimo in hujusmodi casu provisi ac editi ac contra Pacem dicti Domini Regis Coronam Dignitatem suas Et si W. B. de S. predict ' in dicto Comitatu Mercator scienter voluntariè felonicè Postea scil sexto die dicti mensis Julij Anno supradicto predict ' E. C. apud S. predictam in Comitatu predictis receptavit comfortavit dicto W. R. ad tunc ibidem ad largum extra Prisonam existentem ac prefat ' E. C. hujusmodi Jesuitam esse tunc ibidem sciente cognoscente contrà formam Statuti predict ' ac contra Pacem Coronam Dignitatem dicti Domini Regis nostri West Symbol 2 part 132. Sect. 212. CXXXVIII Lamberts Precedents 2 b. pl. 5. Religion For saying and hearing of Mass Essex ss Juratores super Sacrament ' suum present ' pro Dom. Rege quod J.R. nuper de C. in Com. pred' Clericus octavo die Aprilis An. Regni dicti Dom. nostri Jacobi Dei Gratia Angl ' Franciae Hiberniae Regis Fidei Defensoris c. apud C. predict ' voluntariè dixit celebravit unam Missam contra formam cujusdam Statuti in Parliamento Dominae Eliz nuper Reginae Angliae tento apud Westm in Com. Middlesex Anno Regni sui vicessimo tertio in hoc casu provisi editi contra Pacem dicti Domini Regis Coronam Dignitatem suam West Symbol 2 part 114. Sect. 140. Et quod Maria B. de C. praedict ' in Comitatu predict ' vidua dicto octavo die Aprilis Anno supradicto apud C. predict ' in Com. predict ' interfuit presens tempore dictae celebrationis Missae predictae ac eandem Missam sic ut prefertur dictam ad tunc ibidem voluntariè audivit contrà formam Statuti predicti ac contra Pacem Coronam Dignitatem dicti Domini Regis nostri Dyer 203. pl. 72. Certificate CXXXIX Kilborns Precedents 92 a. Certificate for receiving the Sacrament and the Oath on 25 Car. 2. cap. 2. Kent ss We A. B. Minister of the Parish Church of C. in the County of D. and E. F. Church-wardens of the same Parish and Parish Church do hereby certifie That M. N. of O. in the County of P. Gent. upon the Lords day commonly called Sunday the Tenth day of June immediately after Divine Service and Sermon did in the Parish Church aforesaid receive the Sacrament of the Lords Supper according to the usage of the Church of England In witness whereof we have hereunto subscribed our Hands the Tenth day of c. A. B. Minister of the Parish and Parish Church of C. E. F. Churchwarden of the said Parish and Parish Church H. J. of K. in the County of K. Gent. and L. M. of c. do severally make Oath that they do know M. N. in the above-written Certificate named and who now present hath delivered the same into this Court. And do further severally make Oath That they did see the said M. N. receive the Sacrament of the Lords Supper in the Parish Church of C. c. in the said Certificate mentioned and upon the day and at the time in the said Certificate in that behalf certified and expressed and that they did see the Certificate above-written subscribed by the said A. B. Minister of the said Church and E. F. Church-warden there And further That the said H. J. and L. M. do say upon their respective Oaths that all other matters or things in the said Certificate recited mentioned or expressed are true as they verily believe Religion CXL Kilborns Precedents 93 A Certificate of receiving the Sacrament according to the Act 25 Car. 2. 2. Kent ss Memorandum That at the Quarter-Sessions for the said County holden at C. in the County aforesaid upon Tuesday the 22 of July in the Year of our Lord One thousand six hundred seventy three and from thence adjourned to M. in the said County and there holden by the same Adjournment upon Munday the 28th of July aforesaid R. W. of the Parish of M. in the County aforesaid Esq did upon the said 28th of July in the said Court of Quarter-Sessions there deliver into the said Court a Certificate under the Hands of J. P. Clerk Minister of the Parish and Parish Church aforesaid and J. M. Churchwarden of the same Parish and Parish Church by which they certified That the said R. W. upon the Lords day commonly called Sunday the 18th day of May in the said year of our Lord 1673. immediately after Divine Service and Sermon did in the Parish Church aforesaid receive the Sacrament of the Lords Supper according to the usage of the Church of England Religion CLXI Kilborns Precedents 94. A Testimonial upon the receiving the Sacrament according to the Act 25 Car. 2. 2. K. ss Memorandum also That at the time and place of the said Delivery of the said Certificate A. B. C. D. and E. F. did upon Enquiry made by the said Court then and there severally make Oath that they did know the said R. W. in the said Certificate named and that they were present and delivered the same into Court and that they did see the said R. W. receive the Sacrament of the Lords Supper at the time day and place and in the manner in the said Certificate certified And that they did see also the said Certificate subscribed by the said Minister and Church-warden and that the said R. W. did upon the 20th day of May then last past and for several years before Inhabit and then did inhabit in the above named Parish of H. and County of Kent CXLII Westm Symb. 2 part 114 b. § 141. An Indictment upon 1 Eliz. 2. against a Priest for saying Mass in the Vestry of a Church c. Crompt 259. pl. 89. tit Religion 16. CXLIII Practical Precedents c. 189. Apprentice An Indictment for keeping a Servant that goeth not to Church 3 Jac. 4. § 33. N. 1. Warwick ss Juratores pro Domino Rege super
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
them and to the keeper of his Majesties Goal for the said County at M. in the County aforesaid Kent ss Forasmuch as we viz. two Justices have received a Certificate from the Ordinary within whose Jurisdiction the Parish of T. in the said County is situate That A. B. being by virtue of the Statute in that behalf made disabled to Preach any Sermon did during the time that he did continue and remain so disabled Preach a Sermon in the Parish Church of T. aforesaid against the form of the Statute These are therefore in his Majesties Name to will and require you the said Constable and Borshoulders and every of you that you some or one of you do take the said A. B. and him convey to the Goal aforesaid and there deliver him to the said Keeper thereof together with this Precept Requiring also you the said Keeper to receive him into the Goal aforesaid and him there safely to keep by the space of three Months without Bail or Mainprise hereof fail not at your perils Given under our Hands c. XXXI Kilb. Precedents 52. Church A Record of a Conventicle to be written in Parchment on 22 Car. 2. 1. by two Justices Kent ss Memorand ' That upon the 10th day of June in the 31. year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Jreland King Defender of the Faith c. It was according to the form of an Act of Parliament in that behalf lately made Entituled An Act to prevent and suppress seditious Conventicles duly proved to us viz. two Justices c. that A. B. being of the Age of sixteen years and upwards and a Subject of this Realm was upon the first day of June now last past in the Parish of c. present at T. in the said County under colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England where five Persons are present more than those of the same Household contrary to the Act aforesaid of all which we have the Day and year above written made this Record under our Hands and Seals 2. Or better in Latin thus Kilb. Precedents 53 54. Kent ss Memorand ' quod J. S. de S. in Com. predict ' Yeoman Church E. W. de W. in Com. predict ' Generosus Maria uxor G. J. de parochia de E. in Com. predict ' Husbandman Eliz. W. de E. predict ' in Com predict ' vidua J. B. de c. Cum multis alijs in toto se attingent ' ad numerum duodecim personarum quilibet eorum die Solis 26. die Junij Anno Regni Domini Regis nunc 22. die ultra etatem 16. Annorum subditi dicti Domiin Regis ad tunc existent ' predict ' 26. die Junij Anno 22. supradicto insimul assemblaverunt presentes fuerunt quilibet eorum presens â—uit in Domo Mansionali ipsius A. P. viduae in predict ' Parochia de E. in Com. predict ' ad Conventiculum sub colore Exercitationis Anglice Exercise Religionis in alio modo quam secundum Liturgiam practicationem Anglice practise Ecclesiae Angliae Ad tunc ibidem tent ' contra formam Statuti prevenire supprimere seditiosa Conventicula nuper Editi proviso infra Memorand ' etiam quod tempore loco supradict ' predict ' J.S. assumpsit super se docere in Conventiculo predict ' in eodem ad tunc ibidem docuit contra formam Statuti predicti quodque predict ' A. B. vidua tempore supradicto scienter Anglice Wittingly voluntariè permisit Conventiculum predictum fore tenend ' in Domo Mansionali sua predict ' etiam contrà formam ejusdem Statuti Record ' quarum quidem separalium offensarum Ego W. L. Miles unus Justiciariorum dicti Domini Regis ad pacem suam in Com. suo predict ' conservand ' assignat ' cui secundum formam effectum Statuti predicti separales offensas predict ' sic ut preâ—ertur fore Commissa sufficienter aparuit per presentes sub Manu sigillo meo 11. die Julij Anno 22. supradicto apud N. predict ' in Com. predict ' feci Predictique J. S E. W. predict ' Maria uxor predict ' G. J. Eliz. W. J. B. Junior J. B. Senior J. F. R. P. A. P. Vidua A. B. D. P. Spinster de separalibus offensis suis in Record ' predict ' superius mentionat ' per Recordum illud virtute Statuti predicti plene perfecte convicti sunt quilibet eorum inde separaliter plene perfecte convictus est ego prefat ' Justiciar ' superinde virtute Statuti predicti die Anno loco ultimo mentionat ' finem V.S. super quemlibet offensorum Anglice Offenders predict ' sic ut prefertur ad Conventiculum predict ' present ' Existent ' pro separali offensa predict ' imposui Predictaque A. P. Vidua pro offensa sua predicta eo quod ipsa ut prefertur permisit Conventiculum predict ' fore tenend ' in Domo Mansionali sua predict ' forisfecit Summam 20 l. Virtute Statuti predict ' predictusque J.S. pro offensa sua predicta eo quod ipse ut prefertur assumpsit super se docere in conventiculo predicto in eodem ut predictum est docuit forisfecit summam 20 l. Virtute Statuti predicti Forfeiture XXXII Kilb. Precedents 55. 56. A Warrant to levy the penalty of 22 Car. 2. 1 § 3. N. 1. upon the Teacher in a Conventicle To the Constables Borshoulders Headboroughs and Tythingmen of the Hundred of C. in the said County and to the Church-wardens and Overseers of the Poor of the Parish of C. in the County aforesaid and all other Officers within the said County whom the Execution hereof may concern Kent ss Forasmuch as I did this present day receive a Certificate to me directed under the Hand and Seal of W. E. of S. in the County of S. Esq one of his Majesties Justices Assigned for keeping his peace in the said County of S. that G. H. of C. aforesaid Taylor was upon the first day of this Instant August by him Convicted by proof to him made according to an Act of Parliament Entituled An Act to prevent and suppress Seditious Conventicles lately made and provided of being present in the Barn of R. W. of W. in the said County of S. Husbandman and there did take upon him to Preach or teach at a Conventicle the five and twentieth day of July last past under pretence of Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England and contrary to the form of the Act aforesaid And that therefore being thereof Convicted as aforesaid the said G. H. did forfeit for the said first Offence 20 l. and that he the said Justice had by Virtue
of the said Act imposed on him so convict as aforesaid for his said Offence the said Sum of 20 l. as being thought by him able to pay the same as by the said Certificate appeareth 22 Car. 2. 1. § 13. N. These are therefore by Virtue of the aforesaid Act in his Majesties Name to command you that you some or one of you do forthwith levy the said 20 l. by Distress and Sale of the Goods and Chattels of the said G. H. and that when you or any of you have so levied the said 20 l. or any part thereof that then you they or he that so levied the same do forthwith deliver the Moneys so levied to the aforesaid W. E. to be by him distributed according to the Act aforesaid hereof neither you nor any of you are to fail at your perils Given under my Hand and Seal at A. in the said County of K. 10 Apr. Anno Regni c. 31. Proof XXXIII Kilb. Precedents 57. 58. A Warrant for Witnesses to prove the Conventicle To the Constable Borshoulders Headboroughs and Tythingmen of the Hundred of S. in the said County and every of them Kent ss Whereas we have this day received Information that several persons upon the 19. day of June last past were present in the Parish of S. in the said County at a Conventicle then and there held under Colour of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England contrary to the form of an Act of Parliament lately made and provided to prevent and suppress Seditious Conventicles And whereas we are also Informed that the several persons hereunder Named can certifie the Particulars and truth of the Premisses These are therefore in his Majesties Name to command you and every of you that you do give notice to the several Persons that they and every of them are by us Commanded to appear before us at the House of R.K. Esq in H. in the County aforesaid on Wedensday the first day of this Instant August at eight of the Clock in the Forenoon of the same day then and there to testifie their several Knowledges touching the Premisses whereof neither they nor any of them are to fail at their perils And you are further hereby commanded to appear at the time and place aforesaid to make appear unto us what you have done in the Execution hereof hereof also you are not to fail at your peril Given under our Hands and Seals at H. in the said County the Day of c. A. B. of c. c. as many as be C. D. of c. c. as many as be XXXIV Kilb. Precedents 58. 59. A Certificate made by a Justice where the Offenders liev in a Corporation Kent ss S. B. R. K. Esquires Certificate Two of his Majesties Justices assigned to keep the Peace in his County aforesaid to the Chief Magistrate of the Corporation of T. in the said County Greeting Whereas W. S. of T. aforesaid in the County aforesaid Yeoman was this present day before us Convicted according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided of being present in the Dwelling house of J. B. in the Parish of C. in the County aforesaid upon the sixth day of this Instant July at a Conventicle than and there held under Colour of Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England contrary to the form of the Act aforesaid And we have by Vertue of the said Act imposed upon him a Fine of Five shillings for that his Offence and whereas also the said J. B. was this present day before us also according to the said Act Convicted of his wittingly and willingly suffering the Conventicle aforesaid to be held in his aforesaid Dwelling house contrary to the form of the Act aforesaid for which his Offence he hath forfeited the Sum of 20 l. and for that we do in our Judgments think the said J. B. poor and unable to pay the said Sum of 20 l. by him as aforesaid forfeited we have therefore by our Discretions adjudged one hundred Shillings thereof to be levyed of the Goods and Chattels of the aforesaid W. S. who as aforesaid was present at the same Conventicle And forasmuch as the said W. S. is an Inhabitant in the Corporation aforesaid we do therefore hereby Certifie you of the Premisses to the end you may proceed thereupon as by the said Act is required Given under our Hands and Seals at C. in the said County 20 Novemb. Anno 1679 c. Regni c. 31. Church XXXV Kilb. Precedents 59. 60. A Record of the Conviction of certain Persons taken at a Conventicle Kent ss Memorand ' quod ' S. B. de Parochia de C. c. pro ut c. 31. N. 2. quidam alius homo ignotus in toto se attingnut ad numerum octo personarum quilibet eorum 3 die c. Anno c. ultra aetatem c. subdit ' c. quorum que ad numerum quinque personarum non ad tunc fuerunt defamilia Roberti Kite de predicta Parochia c. in Com. predict ' Mercer in predict ' Parochia de S. eodem 3 Die c. Anno c. Insimul assemblaverunt presentes fuerunt quilibet eorum presens fuit in Donio Mansionali ipsius Roberti Kite in predicta Parochia de S. in Com. predict ' ad assemblationem sub colore c. pro ut c. ad tunc adhuc in pleno robore existent ' Memorand ' etiam quod predict ' homo ignotus ad tunc ibidem assumpsit super se docere in assemblat ' predict ' ad tunc ibidem docuit etiam contra formam ejusdem Statuti Memorand ' etiam quod predict R. Kite tempore supradicto scienter Angl. wittingly voluntariè permisit assemblat ' predict ' fore tenend ' in Domo Mansionali sua predict ' etiam contra formam Statuti predict ' Record ' quarum quidem separalium offensarum nos J. H. Miles W.C.S. B. R. K. Armigeri Justiciarij dicti Domini Regis ad pacem suam in Com. suo predict ' causa assemblat ' quibus secundum formam effectum Statutorum dredictorum separales offensas predict ' sic ut presertur sore Commissa sufficienter apparuit per presentes sub Manibus Sigillis nostris 17 Die Apr. Anno c. 27. supradicto apud C. predict ' in Com. predict ' fecimus predictique S. B. predict ' uxorejus H. S. c. R. K. predict ' Hom ' ignot ' de separalibus offensis suis in Record ' predict ' superius specificat ' per Record ' illud Virtute Statuti predicti plene perfecte convicti sunt quilibet eorum inde separaliter plenè perfecte Convictus est Et nos
presati Justiciarij superinde Virtute Statuti predict ' die Anno Loco ultimo mentionat ' super quemlibet offensorum Auglicè Offenders predict ' sic ut prefertur ad assemblat ' predict ' present ' Existent ' pro separali offensa sua predict ' finem 5 s. Imposumus Predictusque homo Ignotus pro offensa sua predict ' eo quod ipse ut presertur assumpsit super se docere in assemblat ' predict ' ad tunc ibidem docuit forisfecit Summam 20. libr. Virtute Statut ' predict ' Predict ' K. Kite pro offensa sua predict ' eo quod ipse ut prefertur permisit assemblationem predict ' fore tenend ' in Domo Mansionali sua predict ' forisfecit Summam 20 libr. Virtute Statuti illius Et quia in Judicijs nostris putamus predict ' H. S. fore pauperem inhabilem solvere predict ' finem 5 s. super ipsum pro offensa sua predict ' eo quod ipse ut prefertur presens fuit ad assemblat ' predict ' ut prefertur impositum eo quod predict ' fines 5 s. super predict ' Hom ' ignot ' ego quod ipse ut prefertur presens fuit ad assemblat ' predict ' ut prefertur imposuit ' de Bonis et Catallis suis non potest levari ideo ex discretionibus nostris predict ' duos separales fines 5 s. ultimo mentionat ' de Bonis et Catallis predict ' â— B. qui preâ—ertur ad assemblat ' predict ' presens fuit ut nos prefat ' Justiciarij apud C. predict ' in Com. predict ' eodem 17 die Apr. Anno 27 supradict ' sevari adjudicavimus Et quia predict ' homo qui ut prefertur assumpsit super se docere in assemblat ' predict ' et ad tunc et ibidem docuit est extraneus Angl ' a Stranger et nomen et habitatio sua incogn ' existit ideo ex discretionibus nostris predict ' summam 20 libr. per ipsum pro offensa predict ' ut prefertur forisfact ' nos prefati Justiciarij die anno et loco ultimo mentionat ' de Bonis et Catallis separalium personarum hic Postea Mentionat ' levari adjudicavimus modo et forma sequent ' viz. de Bonis et Catallis predict ' J. B. qui c. pro ut c. 9 l. et 10 s. inde et de Bonis et Catallis C. B. qui etiam c. pro ut c. 40 s. inde et de Bonis c. predict ' R. C. qui etiam c. pro ut c. C. S. inde resid ' c. ut in Recordo In quarum omnium rerum testimonium nos prefat ' Justiciarij die Anno et loco ultimo mentionat ' Manus et Sigilla nostra presentibus aposuimus XXXVI Kilb. Precedents 62. 63. Forfeiture A Warrant to levy the Mony upon the Offenders 22 Car. 2. 1. To the Constable and Borshoulder's Headboroughs and Tythingmen of the Hundred of M. and D. in the said County and to every of them and to the Church-wardens and Overseers of the Poor of the Parish of S. in the County aforesaid and to every of them and to all and every other Officers whom the Execution hereof may concern Kent ss Forasmuch as R. L. of the said Parish of S. Mercer was this present day according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided by us Convicted of his wittingly and willingly suffering an Assembly to be holden in his Dwelling house in the said Parish of S. upon the 30. day of March now last past under colour of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England contrary to the form of the Act aforesaid by which he hath according to the said Act forfeited the Sum of 20 l. for his said Offence These are therefore in his Majesties Name to command you and every of you forthwith to levy by Distress and Sale of the Goods and Chattels of the said R. K. the aforesaid Sum of 20 l. and you and every of you are in his Majesties Name hereby further commanded that when you or any of you have as aforesaid levied the Sum aforesaid that then they or he having so levied the same do forthwith deliver the same to us or one of us to be distributed according to the said Act hereof neither you nor any of you are to fail at your perils Given under our Hands and Seals at C. c. XXXVII Kilb. Precedents 63. 64. Religion A Condition of a Recognizance in case of an Appeal made touching Conventicles on 22 Car. 2. 1. § 7. N. 1. The Condition of this Recognizance is such That whereas R. G. of R. in the within named County of Kent Gentleman was lately Convicted by the within named Justices of taking upon him to teach in an Assembly lately held in the Parish Church of S. within written under pretence of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England against the form of the Statute lately made to prevent and suppress Seditious Conventicles and had therefore according to the Statute aforesaid forfeited the Sum of 20 l. And for that in the Indictments of the said Justices they did think the said R. G. unable to pay the said Sum 20 l. they did therefore by their Discretions adjudge S l. thereof to be levied by Distress and Sale of the Goods and Chattels of the within Bounden W. W. who was also according to the said Statute Convicted of being present at the said Assembly contrary to the Statute aforesaid And whereas the said W. W. was also by the said Justices Convicted for that he at the time of the said Assembly was one of the Church-wardens of the said Parish and knowing the said Assembly to be holden within the same did not give Information thereof to any Justices of Peace nor endeavour the Conviction of the Parties which were at the said Assembly nor of any of them according to the Duty of his said Office but wittingly and willingly did omit the performance of his Office aforesaid in the Execution of the said Statute against the form of the same by which he forfeited the Sum of 5 l. And the said two several Sums of five pounds have by Warrant of the said Justices been levied of the Goods and Chattels of the said W. W. and he hath the day and year within written appealed from the Justices aforesaid to the Judgment of the Justices of Peace of the said County in their next Quarter-Sessions if therefore the said W. W. do prosecute the said Appeal with effect that then this Recognizance shall be void or else it shall stand in full force And forasmuch also as the aforesaid Wife of S. B. is a Feme Covert cohabiting with the said S.B. her Husband these are therefore
Parish aforesaid and every of them was this present day by us according to the said Act Convicted for that he knowing the Assembly aforesaid in form aforesaid to be holden within his aforesaid Parish did not give Information thereof to any Justice of Peace nor Endeavour the Conviction of the Parties aforesaid or any of them but wittingly and willingly did omit the Performance of his duty in Execution of the Act aforesaid against the form of the said Act for which offence every of them respectively hath forfeited the Sum of 5 l. These are therefore in his Majesties Name to Command you and every of you to levy the Sum of 5 l. by the said W. W. so forfeited as is last before mentioned by distress and Sale of his Goods and Chattels and to levy c. of the rest in like manner c. and you and every of you are hereby in his Majesties name further commanded that when you or any of you have as aforesaid levied the several Fines and forfeitures aforesaid or any of them that then they or he so having levyed the same do forthwith deliver the same to us or one of us to be destributed according to the said Act hereof neither you nor any of you are to fail at your peril Given c. Record XXXIX Kilb. Precedents 70. 71. A Memorial of a Record of a Conventicle Kent ss A Memorial of the Account of the Moneys mentioned in the Record Certified at the Quarter-Sessions of the Peace holden for the said County at M. in the County aforesaid on Tuesday next after the Close of Easter 1679. by Sir J. H. Knight W.C.S.B. and R. K. Esquires four of his Majesties Justice of the Peace of the said County forfeited as in the said Record is mentioned in an Assembly holden in the Dwelling-house of R. K. in the Parish of S. in the County aforesaid under colour of Exercise of Religion in other manner than according to the Liturgy of the Church of England upon the 30. day of March 1679. His Majesties third part of the said Forfeitures by the said Justices tendred into the Court of the General Sessions of the Peace holden for the said County at M. aforesaid on Tuesday next after the close of Easter 1679. and by Appointment of the same by the said Justices paid to Sir J.C. Knight and Baronet Sheriff of the said County to his Majesties use viz. For R. C. xx d. and xx d. and xxxix s. iv d. 2 l. 2 s. 8 d. All which was levyed and paid to the said Justices since the last general Sessions of the Peace holden for the said County at M. aforesaid viz. summa patet And as concerning the Moneys in the said Record mentioned to be payable by the several persons here under named his Majesties third part whereof cometh to as followeth viz.  l. s. d. R. B. xx d. and xx d. and iii l. iii s. iv d. in all 3 6 8 C. B. xx d. xx d. xx d. and 13 s. 4 d. in all 0 18 4 J. B. xx d. and xxiii s. iv d. in all 1 5 0 R. K. 6 13 9 in all 12 3 9 The said Justices do say that they did upon the seventeenth day of April 1678 being the day of the Convictions of the Persons aforesaid for their Offences in the said Record mentioned make out their Warrants for levying thereof but they have not as yet received the same or any part thereof nor is the same or any part thereof as yet levied that they know of though they have diligently inquired after the same XL. Kilb. Precedents 72. 73. Imprisonment A Mittimus thereupon upon the first Offence by 22 Car. 2. 1. § 2. N. 2. To the Constable and Borshoulders of the Hundred of A. and to every of them and to the Keeper of his Majesties Goal for the said County at B. in the County aforesaid Kent ss Forasmuch as C. B. was this present day according to the form of an Act of Parliament lately made intituled an Act to prevent and suppress Seditious Couventicles Convicted by Record by us viz. two Justices made of being present in the Parish of C. in the said County at an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England contrary to the Act aforesaid and whereas we did upon the said Conviction Fine the said C.D. viz. not exceeding 5 l. for his said Offence and he did not pay down the said Fine unto us These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said C. D. and him safely Convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep without Bail or Mainprise by the space of viz. not exceeding three Months next after such delivery of him unto you hereof fail not at your perils Given under our hands c. 2. The like Mittimus mutatis mutandis to the House of Correction if the Justices think fit to send the Offender thither which they must not do if the Offender or her Husband if a Feme Covert have 5 l. per Annum Freehold or Copyhold or 50 l. in Goods XLI Kilb. Precedents 73. 74. Imprisonment A Mittimus upon the second Offence 22 Car. 2. 1. To the Constable c. Kent ss Forasmuch as C. D. was this present day according to the form of an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made of being present in the Parish of T. in the said County at an Assembly Conventicle or Meeting under colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England contrary to the Act aforesaid and whereas we did upon the said conviction Fine the said C. D. viz. not Exceeding 10 l. for his said Offence and he did not pay the said Fine unto us And forasmuch as the said C. D. hath been once before that time convicted of the like Offence contrary to the Act aforesaid These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said C. D. and him safely convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep without Bail or Mainprise by the space of viz. not Exceeding six Months next after such delivery of him unto you hereof fail not c 2. The like Mittimus Mutatis
Mutandis to the House of Correction c. Imprisonment XLII Kilb. Precedents 74. 75. A Mittimus upon the third Conviction To the Constable c. Kent ss Forasmuch as C. D. was this present day according to the form of an Act of Parliament lately made Intituled An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made of being present at the Parish of T. in the said County at an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England contrary to the Act aforesaid and Forasmuch as the said C. D. hath been twice before that time Convicted of the like Offence contrary to the said Act These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said C. D. and him safely convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep without Bail or Mainprise untill the next General Quarter-Sessions for the West-division of this County the next Assises Goal-delivery Great-Sessions or sitting of Oyer and Terminer in the County aforesaid which shall first happen and that you then and there have him to be further proceeded agaist as by the said Act is directed hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like Mittimus mutatis mutandis to the House of Correction if the Justices think fit to send the Offender thither which they must not do if they be satisfied that the Offender or her Husband if a Feme Covert have 5 l. per Annum Freehold or Copyhold or be worth 50 l. in Goods XLIII Kilb. Precedents 76. A Certificat to the Militia c. for Aid on 22 Car. 2. 4. § 9. N. 3. 16 Car. 2. 4. § 10. N. 1. To the Lieutenant any Deputy Lieutenant or any Commissioned Officer of the Militia or any other his Majesties Forces the Sheriffs Justices or other Magistrates and Ministers of Justice jointly or severally Kent ss These are to Certifie you that I A.B. one of his Majesties Justices of the Peace c. have received Information of an unlawful Meeting or Conventicle held or to be held under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England contrary to an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles at T. in the Parish of C. in the County aforesaid and that I with such assistance as I can get together am not able to suppress dissolve dissipate or prevent the same all which I do Certifie unto you to the end that you may repair unto the said place aforesaid and do therein as by the said Act is required and enjoined Given under my Hand and Seal the day of c. XLIV Kilb. Precedents 77. Record A Record of suffering a Conventicle fit to be in Parchment and Quaere if not in Latine 22 Car. 2. 1. § 4. N. 1. Kent ss Memorand that upon the second day of June in the 31. year of the Reign of our Soveraign Lord Charles the second by the Grace of God of England Scotland France and Jreland King Defender of the Faith c. It was according to the form of an Act of Parliament in that behalf lately made Intituled An Act to prevent and suppress Seditious Conventicles duly proved to us that R. T. of c. did wittingly and willingly suffer an Assembly Conventicle or Meeting under Colour or pretence of the Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England to be held in his house Out-house Barn or Rome Yard or Backside Woods or Grounds in the Parish of T. in the said County on c. day now last past contrary to the Act aforesaid of all which we have the day and year first above written made this Record under our Hands and Seals XLV Kilb. Precedents 78. 79. Imprisonment A Mittimus thereupon upon the first Conviction To the Constable and Borshoulders of the Hundred of A. and to every of them and to the Keeper of his Majesties Goal for the said County at C. in the County aforesaid Kent ss Forasmuch as D. E. was this present day according to the form of an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made viz. two Justices c. of wittingly and willingly suffering an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England to be held in his House Out-House Barn or Room Yard or backside Woods or Grounds in the Parish of T. in the said County upon the second day of June now last past contrary to the Act aforesaid and whereas we did upon the said Conviction Fine the said D. E. viz. not Exceeding 5 l. for his said Offence and he did not pay down the said Fine unto us These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said D. E. and him safely Convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep without Bail or Mainprise by the space of viz. not Exceeding three Manths next after such delivery of him unto you hereof fail not at your perils 2. The like Mittimus Mutatis Mutandis to the House of Correction c. the like upon the second Conviction and the like upon the third Conviction ut supra XLVI Kilb. Precedents 81 A Certificate for the taking the Oath according to 16 Car. 2. 4. § 19. N. 1. Quakers Kent ss I A. B. one of his Majesties Justices of the Peace of the County of K. do humbly Certifie that D.E. did this present day before me take the Oath mentioned in an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take an Oath on that account in Testimony whereof I the said A. B. have hereunto set my Hand and Seal the day of c. Escape XLVII Kilb. Precedents 81. 82. To levy Money upon a Goaler c. for suffering one committed upon this Act to go at large 16 Car. 2. 4. § 12. N. 1. To the Constable and
Borshoulders of the Hundred of A. and to every of them Kent ss Forasmuch as it hath been duly proved before me that A. B. Keeper of his Majesties Goal at C. in the County aforesaid did upon the 10. day of June last past permit D.E. to go at large contrary to the Warrant of his Commitment made by vertue of an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles and contrary to the Act aforesaid These are therefore in his Majesties Name to Charge and Command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said A.B. Ten pounds by him forfeited for his said Offence and that you do pay the Moneys so levied to the Church-Wardens of the Parish of T. in the said County for the relief of the poor of the Parish Given under our Hands and Seals the day of c. 2. The like Mittimus Mutatis Mutandis if the Keeper of the House of Correction suffer the Offender to go at large Escape XLVIII Kilb. Precedents 82. 83. the like Mittimus for suffering one at large to Joyn with the Offender in the Exercise of Religion To the Constable c. Kent ss Forasmuch as it hath been duely proved before us that A. B. Keeper of his Majesties Goal at C. in the County aforesaid did upon the 10. day of June last past permit E. F. being then a Person at large to joyn with D. E. a Person Committed to his custody by vertue of an Act of Parliament lately made Intituled an Act to prevent and suppress Seditious Conventicles in the Exercise of Religion differing from the Rights of the Church of England contrary to the Act aforesaid These are therefore in his Majesties Name to charge and command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said A. B. Ten Pounds by him forfeited for his said Offence and that you do pay the Moneys so levied to the Church-Wardens of the Parish of T. the Parish where the Offender did last inhabit in the said County for the relief of the Poor of the said Parish Hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like Mutatis Mutandis against the Keeper of the House of Correction if he offend in the like Case Dignity XLIX Kilb. Precedents 83. 84. A Warrant to levy the forfeiture of a Peer on the first Conviction 22 Car. 2. To the Constable and Borshoulders of the Hundred of A. and to every of them Kent ss Forasmuch as T. Lord C. a Peer of this Realm was this present day according to the form of An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made of being present in the Parish of V. in the said County at an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England contrary to the Act aforesaid These are therefore in his Majesties Name to charge and command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said T. Lord C. Ten pounds for the Offence aforesaid and that you do pay the Moneys so levied to the Church-Wardens of the aforesaid Parish of V. for Relief of the Poor of the said Parish hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like for the second Conviction c. and the like for a Peers suffering a Conventicle the first and second conviction L. Kilb. Precedents 868. Imprisonment A Mittimus for a Nonconformist c. on 17 Car. 22. § 5. N. 1. To the Constable and Borshoulders of the Hundred of A. and to every of them and to the Keeper of his Majesties Goal for the said County at M. in the County aforesaid Kent ss Forasmuch as it hath been duly proved before us viz. two Justices c. that A. B. Parson Vicar Curate Lecturer or other Person in holy Orders Stipendary or other Person who hath been possessed of any Ecclesiastical or Spiritual promotion who hath not declared assent to the Common Prayer pro ut the Act of 14 Car. 2. or Preacher in Conventicle upon the 12. day of c. or c. was within five Miles of D. a City Town Corporate or Borrough that sends Burghesses to Parliament or of any Parish Town or place wherein he or they have since the Act of Oblivion been Parson Vicar Curate Stipendary or Lecturer or taken upon them to Preach in a Conventicle contrary to the form of the Statute in that Case made and provided Intituled an Act for restraining Nonconformists from inhabiting in Corporations These are therefore in his Majesties Name to will and require you to take the said A. B. and him convey to the Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep for six Months without Bail or Mainprise hereof fail not at your perils Given under our Hands and Seals c. LI. West symâ—â— 2 part 101 b. 102. sect 95. Church An Indictment for absence from Church c. 1 Eliz. 2. § 14. N. 1. supra Essex ss Juratores pro Domino rege super Sacrament ' suum presentant ' quod cum in statuto in Parliament ' Dom ' Eliz. Dei Gratia c. Anno regni sui primo tent ' apud W. in Com. M. inter alia inactitat ' ordinat ' existit quod post Festum Sancti Johan ' Bapt ' Anno Regni Dictae Dominae Reginae omnis singula persona sive personae Inhabitant ' in hoc Regno Angliae aut aliquo alio Dominiorum dictae Dominae Reginae diligenter fideliter habentes nullam legalem seu rationabilem Excusationem abessendi adnitentur adire suam Parochialem Ecclesiam vel Capellam consuetam vel super rationabile impediment ' aliquem usitatum locum ubi communes precationes Divina servitia in Actu illo mentionat ' Celebrat ' fuerint tempore talis impediment ' quodlibet die Dominico alijs diebus ordinarijs usitatis observari ut Feestivis Diebus tunc ibidem manâ—re secundum ordinem sobriè durante tempore Precium communium Predecationum aut aliorum divinorum Servitiorum ibidem utend ' ministrand ' sub pena punitionis per censuras Ecclesiae etiam sub pena quod quilibet persona sic offendens forisfaciat pro qualibet tali offensa 12. denarios levand ' per Gardianos Ecclesiae parochialis ubi talis offensa foret fact ' ad usum pauperum Inhabitent ' ejusd ' parochiae de bonis terris tenementis offend ' per medum districtionum pro
adjoyning to the High-ways to be repaired and did dig take and carry away Materials which they judged necessary for the said Reparations And for that difference did arise between the said Surveyors and the said B.C. about the Dammages by the said B. C. suffered by the digging and carriage thereof We do therefore according to the Statute aforesaid Assess the Dammages aforesaid at c. of lawful Mony of England which the said Surveyors are to render unto him for the same Given under our Hands and Seals the 10 day c. Anno c. XXII Kilb. Precedents 159. Account A Warrant against Surveyors for not accounting 14 Car. 2. 6. § 13. N. 1. To the Constable and Borshoulders of the Hundred of A. in the said County and to every of them and to the Keeper of his Majesties Common Goal for the said County at B. in the County aforesaid Kent ss Forasmuch as Complaint hath been made unto us viz. two Justices that B. C. and D. E. Surveyors of the Highways in the Parish of A. in the said County for the year c. have not made such Account touching their said Office as by the Statute in that behalf lately made is appointed and upon Examination of the business upon Oath we do find the said Complaint to be true These are therefore in his Majesties Name to require you the said Constable and Borshoulders and every of you that you some or one of you do take the said B. C. and D. E. and forthwith convey them to his Majesties Goal aforesaid and there deliver them to the said Keeper of the same together with this Precept requiring also you the said Keeper to receive them into the Goal aforesaid and them there safely to keep untill they have made such true and perfect Account touching their said Officer as by the said Statute is appointed hereof fail not at your perils Given under our Hands and Seals the 10 day c. Anno c. Account XXIII Kilb. Precedents 160. A Warrant for not Paying over what is due upon the Account 14 Car. 2. 9. § 13. N. 2. To the Constable and Borshoulders of the Hundred of A. in the said County and to every of them and to the Keeper of his Majesties Common Goal for the said County at B. in the County aforesaid Kent ss Forasmuch as Complaint hath been made unto us viz. two Justices that B. C. and D. E. Surveyors of the High-ways in the Parish of A. in the said County for the year c. had in their hands upon their Account made touching their said Office according to the form of the Statute in that Case made the sum of c. Overplus which they have not retorned or paid to the next Surveyors or either of them as by the said Statute is appointed and upon Examination of the business upon Oath we do find the said Complaint to be true These are therefore in his Majesties Name to require you the said Constable and Borshoulders and every of you that you some or one of you do take the said B. C and D. E. and forthwith convey them to his Majesties Goal aforesaid and there deliver them to the said Keeper of the same together with this Precept requiring also you the said Keeper to receive them into the said Goal aforesaid and them there safely keep untill they have made payment of the said c. to the aforesaid next Surveyors as by the said Statute is appointed hereof fail not at your perils Given under our Hands and Seals the 10 day c. Anno c. Approvement XXIV Crompt 257. a. b. pl. 84. An Indictment for inclosing a Common High-way supra Staff ss Inquiratur pro Domino Rege si E.S. nuper de W. in Com. predict ' Gen ' secundo die Maij Anno c. partem cujusdam viae Regiae in W. in Com. predict ' ducent ' a W. Predict ' usque ad S. in eodem Com. viz. a predict ' c. usque ad quendam foveam in S. predict ' vocat ' le Common Pit in eadem via existent cum sepe fossa inclusit obstruxit eandem viam Regiam sic inclusam a predicto secundo die Maij usque diem captionis hujus inquisitionis in Pasturam convertebat custodiebat adhuc custodit in malum pernitiosum exemplum aliorum ad grave damnum commune nocument ' omnium ligeorum subditorum dicti Domini Regis ibidem prope Inhabitantium ac contra formam diversorum Statutorum in hujusmodi casu editorum provisorum contra pacem dicti Domini Regis c. Reparation XXV Crompt 264 b. pl. 101. A Presentment for a Bridge in decay Staff ss Juratores pro Domino Rege super Sacrament ' suum presentant c. quod quidam Pons situat ' super aquam de Trent in Parochia de Newark in Com. predict ' vocat ' N. Bridge existens in Regia via est ruinosus in magno decasu ita quod ligei Domini Regis in per super vel ultra eundem Pontem absque magno periculo transire seu laborare non valent ad commune nocument ' omnium ligeorum dicti Domini Regis trans ultra Pontem predict ' transeunt ' quod Dominus Rex nunc ratione tenurae seu manerij de N. super T. cum pertinent ' in Com. predict ' Pontem illum facere reparare emendare debet quod idem Dominus Rex omnes Progenitores sui ac omnes alij quorum Status ibidem Dominus Rex modo habet in eodem Manerio de N. super T. cum pertinentijs Pontem illum facere reparare emendare consueverunt de tempore cujus contrarium memoria hominum non existit toties quoties necesse fuerit in cujus Crompt 186. Dalt 41. cap. 13. XXVI Dalt 68 69. cap. 26. At Lent-Assizes at Cambridge Anno 1622. Approvement Sir James Lee delivered it in his Charge that if any Person hath made or shall make any inclosure next the Kings High-way that such Person shall be charged to Amend the High-way adjoyning to his said Inclosure and if one Man hath inclosed on the one side or part and another Man of the othet side they shall be both charged to Amend the said way 2. Otherwise High-ways must be sufficiently Amended at the charge of the whole Town Reparation and it is not enough for the Inhabitants to do their full six days work yearly except their ways be well and sufficiently repaired for if all their said Ways be not sufficiently Amended the whole Town may be indicted therefore F. N.B. 235. Register 154. Taxes 3. Also concerning the Causey neer Cambridge called Dr. Harveys Causey towards the repair whereof Dr. Harvey hath given 8 l. per Annum payable by the Master and Fellows of Trinity-Hall in Cambridge Sir James Lee said that if this 8 l. per Annum were not
in Sussex c. XXXII Crompt J. P. 94. Enquiry in Sessions if the High-ways of Market Towns be enlarged and cleansed from Wood and Underwood by the space of 200 foot on each side if there be no Oaks and Great Trees so that all be clear under them 2. If Robery be done by default of not clensing or keeping of the said Ways he that should do it shall answer for the Robery and for the Murder done there and shall be fined to the King at his will 13 Ed. 1. St. 2. Winch. 5. Way-laying see Coron Waifs see Coron Chattels Wainlings see Cattel Wales I. LAmbert 610. The Quarter Sessions are to enquire hear and determine on 26 H. 8. 5. of Passage over the Severn Crompt 95 b. 2. Of 3 Jac. 23. for making up of Chepstow Bridge 3. Of 3 Jac. 24. for re-edifying a Bridge over Severn War Guns Hand-Guns Shooting Captains Souldiers Musters I. LAmbert 475. Enquiry in Sessions if any Person being generally or specially Commanded to Muster before any having Authority for the same have without true and reasonable Cause absented himself or have not brought with him in readiness his best Furniture of Array and Armour of his own Person Crompt 48 b. 4. 5 Phil. Mar. 3. § N. 2. If any Person authorized to Muster or to levy Men for the King's Service in War have taken any Reward for the discharge or sparing of any Person from that Service 3. Or if any Person having Charge of Men for Warfare have not paid to his Souldiers their whole Wages Conduct and Coat-money or have for any gain licenced any of them to depart out of the Service 2 3 Ed. 6. 2. § N. 4. If any Souldier serving the King in his Wars have given away wilfully purloined or put away any Horse Gelding Mare or Harness wherewith he was set forth 2 3 Ed. 6. 2. § N. Crompt 89 b. 125 b. 155. Dalt 134. bis cap. 52. II. Lambert 422 423. Enquiry in Sessions if any Souldier entred a Souldier of Record and having taken part of the King's Wages or any Mariner or Gunner having taken present Wages to serve the King on the See have not accordingly gone to his Captain unless he were letted by notorious Sickness or other Judgment from God or have departed from his Captain without his Licence under his Seal 18 H. 6. 19. § N. 2 3 Ed. 6. 2. § N. 4 5 Ph. Mar. 3. § N. 5 Eliz. 5. § N. But consider whether this Entring of Record have any use now Crompt 117 b. § 20. 2. If any Souldier or Mariner or other Person as Souldier or Mariner have wandred idle without setting himself to Service Labor or other lawful course of Life and hath not repaired to his place of Birth or Dwelling and had not a lawful Testimonial from a Justice of Peace of or near the place where he landed or hath counterfeited such Testimonial or hath carried the same knowing it Counterfeit 39 Eliz. 17. Dalt 135. bis cap. 52. III. Lambert 295 296. Guns Every Person finding or seeing any to offend the Statute made against the shooting in Cross-bows and Hand-Guns may arrest and bring or convey him to the next Justice of Peace of the County where he was found offending who upon due Examination and Proof thereof before him made may by his Discretion Commit him to the Goal there to remain till he shall truly pay the one Moiety of the Forfeiture of this Statute to the King and the other Moiety to such first bringer or conveyor 33 H. 8. 6. § N. Dalt 64. cap. 24. 2. In this and such other Cases the Justice of Peace having as it seemeth the whole matter committed to himself alone ought to be wary and circumspect lest either he rashly condemn the Guiltless or negligently suffer the Guilty to Escape Dalt 65 66. cap. 24. 3. And upon the Offence sufficiently proved it is necessary that in his Mittimus or Precept to the Goaler there be contained the Names of the Parties with the manner of the Offence and how long time he is to be kept in Prison for it 4. Furthermore he is to make a Record of the Matter and to send the Estreat of it into the Exchequer whereby the Barons may upon Intelligence thereof cause the King's Duty to be levied to his use IV. Lambert 296 297. A Mittimus for unlawful shooting in a Cross-bow or Hand-gun 33 H. 8. 6. § N. To the Keeper of his Majesties Goal at M. in the said County and to his Deputy or Deputies there and to every of them Kent ss Forasmuch as this present day A. B. and C. D. of H. in the said County Yeomen did arrest and bring before me at H. aforesaid one J. S. of H. in the said County Mariner whom they had seen and found the same day as they said shooting in a Hand-gun charged with Powder and a Pellet at a Coney in a certain place in C. within the said County called the Church-field contrary to the Law of this Realm and thereupon praid me that Justice might be done in that behalf J. L. Kt. being the next Justice of Peace in the said County to the place aforesaid did then at H. aforesaid upon the said Request take the Examination of the said J. S. and did then also and there hear the Proofs of them the said A.B. and C. D. touching the said Offence and for that it did then manifestly appear unto me as well by the Testimonies of them the said A. B. and C. D. as also by the plain Confession of him the said J. S. that he had not then Lands Tenements Fees Annuities or Offices to the clear yearly value of 100 l. and that he had shot in the said Hand-gun in manner and form as is aforesaid I do send unto you herewith the Body of him the said J. S. as lawfully Convicted of the said Offence before me requiring you in his Majesties Name to receive him unto your said Goal and him there safely to keep as his Majesties Prisoner until that he shall have truly paid the Pain and Forfeiture of 10 l. of lawful Money of England laid upon him for his said Offence by the Statute thereof made in the 33th year of the Reign of the late King Henry the Eighth that is to say the one Moiety thereof to our said Soveraign Lord and the other Moiety to them the said A. B. and C. D. the first bringers of him before me and this shall be your sufficient Warrant in this behalf hereof fail you not as you will Answer for your Contempt at your own peril Given at H. aforesaid the 20th day of March in the second year of the Reign c. By me the said K. L. V. Lambert 298 299 300. The Record of Conviction for shooting in a Hand-gun contrary to 33 H. 8. cap. 6. Kanc. ss Memorand ' quod 20 die Maij Anno Regni c. A. B. C. D.
according to the said Act Award that the said A. B. shall pay to the said C. D. the Sum of c. of lawful Money of England being the treble value of the Wood c. aforesaid Given under my Hand Seal the 10 day c. Anno c. X. Kilb. Precedents 227. A Warrant to levy Money upon the Buyer of stoln Wood 15 Car. 2. 2. § 4. N. 2. To the Constable and Borsholders of the Hundred of A. in the said County and every of them Kent ss Whereas lately by Examination by me taken according to an Act of Parliament lately made Intituled An Act for the punishment of unlawful cutting or stealing or spoiling of Wood and Vnderwood and destroying of young Timber-trees it appeareth unto me that A. B. of c. did within six days last past buy a burthen of Wood c. of E. F. being a person justly suspected to have unlawfully come by the same and that the same was unlawfully come by and unlawfully taken from C. D. of c. and was of the value of c. of lawful Money of England I did therefore according to the said Act Award that the said A. B. should pay to the said C. D. the Sum of c. of lawful Money of England being the treble value of the Wood c. aforesaid and forasmuch as the said A. B. hath not paid to the said C. D. the aforesaid Sum of c. according to my said Award These are therefore in his Majesties Name to Charge and Command you to levy the said Sum of c. by Distress and Sale of the Goods of the said A. B. rendring to him the Overplus and after you have so levied the said Sum of c. forthwith to pay the same to the said C. D. hereof fail not at your perils Given under my Hand Seal the 10 day c. Anno c. XI Kilb. Precedents 228. A Mittimus against the Buyer of stoln Wood c. for want of Distress on 15 Car. 2. 2. § 4. N. 3. To the Constable and Borsholders of the Hundred of A. in the said County and to every of them and to the Keeper of his Majesties Goal for the County aforesaid at T. in the said County Kent ss Whereas lately c. prout supra and forasmuch as you the said Constable have retorned unto me that in default of such Distress you cannot levy the aforesaid Sum of c. These are therefore in his Majesties Name to Charge and Command you the said Constable and Borsholders and every of you to Attach the said A. B. and him safely convey to his Majesties Goal aforesaid at his own Charge and there deliver him to the Keeper of the same together with this Precept Commanding also you the said Keeper to receive him into the said Goal and him there safely keep one Month without Bail hereof fail not at your perils Given under my Hand and Seal the 10 day c. Anno c. Wool see Drapery VVomen Rape Baron Feme I. LAmbert Precedents 7 b. pl. 19. An Endictment for the Rape of a Woman-Child under Ten years of Age on 18 Eliz. 7. § 4. N. 1. Kanc. ss Juratores pro Domino Rege super Sacrament ' suum presentant quod G. D. de B. in Com. predict ' Waterman tertio die Julij Anno Regni c. apud B. predict ' in dicto Comitat ' in Domo Mansionali ibidem cujusdam A. S. Holster Vi Armmis in quandam M. N. de R. predict ' in dicto Comitat ' puellam infra etatem 10 Annorum tunc existent ' insultum fecit ac tunc ibidem eandem M.N. felonicè ac carnaliter cognovit ac eandem M. N. nequiter abusus est contra pacem dicti Domini Regis nunc ac contra formam Statuti in Parliament ' Dominae Reginae Elizab ' tent ' apud Westm ' in Com. Middlesex Anno dicti Regni sui 18 in hujusmodi casu provisi ac editi II. Lambert Precedents 8. pl. 20. An Endictment for the Rape of a Maid of above Ten years old on 13 Ed. 1. W. 2. cap. 34. See P. 11 H. 7. 22. pl. 11. Kanc. ss Juratores pro Domino Rege super Sacrament ' suum presentant quod B.C. de E. in dicto Comitatu Tavernor 5 die Octob. Anno Regni c. apud E. predict ' in Com. predict ' in quodam loco ibidem vocat ' le Bower Vi Armis in quandam A. K. de E. predict ' in Com. predict ' Virginem aetatis 16 Annorum tunc ibidem in Pace Dei dicti Domini Regis existent ' insultum fecit ac tunc ibidem eandem A. contra voluntatem ipsius A. felonicè rapuit carnaliter cognovit contra Pacem dicti Domini Regis nunc ac contra formam cujusd ' Sâ—atut ' in Parliament ' Domini Edw. olim Regis Angliae primi tent ' apud Westm ' in Com. Middlesex Anno Regni sui 13 in hujusmodi casu provisi ac editi Crompt 259. pl. 88. III. Lamberts Precedents 8. pl. 21. An Endictment for taking away a Widow against her will that hath Lands on 3 H. 7. 2. § N. Kanc. ss Juratores pro Domino Rege super Sacrament ' suum presentant quod A. B. de C. in Com. predict ' Singing-man secundo die Apr. Anno Regni c. Vi Armis in Domum Mansionalem cujusd ' A. B. de C. predict ' in Com. predict ' Viduae infra Parochiam de C. predict ' in Com. predict ' intravit quae quidem H. B. tunc seisita fuit in Dominico suo ut de feodo de in diversis terris tenement ' in C. predict ' in Com. predict ' Clari Annui valoris 10 librarum ultra omnes reprisas existent ' ac immediatè postea viz. dicto secundo die Apr. Anno supradicto idem A. B. predict ' H. B. tunc ibidem in dicta Domo sua in Pace Dei ac dicti Domini Regis existent ' ex dicta Domo sua Mansionali contra voluntatem ipsius H. B. illegitimè ac felonicè extraxit eripuit abduxit ac eandem H. B. postea scil tertio die dicti Mensis Aprilis Anno supradicto in Ecclesia Parochiali de C. predict ' in Com. predict ' cepit in uxorem suam ubi idem A. B. dicto tempore extractionis abductionis predict ' non clamavit nec clamare potuit eandem H.B. tanquam wardam suam aut tanquam Nativam suam in magnam Pacis dicti Domini Regis nunc perturbationem ac contra formam cujusdam Statuti in Parliament ' Domini Henrici nuper Regis Angliae sâ—ptimi tent ' Anno Regni sui tertio in hujusmodi casu provisi ac editi West Symb. 2 part 135. Sect. 224. IV. Crompt 258 b. 259. pl. 87. An Endictment for a Rape on 3 Ed. 1. W. 1. cap. 13. Dalt 281. cap. 107. Staff ss Juratores pro Domino Rege
our Order as doth concern the said I. B. and is on his part by this our Order to be done and performed In witness whereof we have put to our Hands the 15. day of March 1635. XLIV 2 Inst 733. on 7 Jac. 4. § 7. N. 2. Women If she will discharge the Parish of the keeping of the Bastard she cannot be punished by this Statute but by 18 Eliz. 3. § 2. N. 2. infra 47. supra 20. XLV 2 Bulstr. 323. 341. pl. 237. Sessions on a Hab. Corp. retorn from Oxon. Littleton moved for discharge of Hamond who for a Bastard-child gave Bond to the two next Justices till the Sessions to appear c. which he did and the Sessions made a new Order and for non-performance of this last Order committed him which per Curiam is illegal and he was discharged on 18 Eliz. 3. § 2. N. 4. XLVI 2 Bulstr 324. 342. pl. 238. in Smiths Ca. Mich. 6 Car. 1. Justices in B. R. per Curiam the next Sessions on appeal must make a final Order 2. Note that upon reading of the Statute 18 Eliz. 3 § N. and conference had among the Judges they all agreed in this that after an appeal to the Sessions and the Justices there do repeal the first Order the matter then is as res integra before them and they may then grant a Re-reference of the matter to the two next Justices 1 Cr. 470. 3. Note per Curiam that upon 18 Eliz. 3. § 2. N. 5. the Recognizance taken ought to be in the disjunctive viz. to perform the Order made by the two nevt Justices or to appear at the next Quarter-Sessions and to abide the Order there 4. Note also per Curiam on 18 Eliz. 3. § 2. N. 2. that one Justice of Peace by his Warrant may commit 5. Note upon 18 Eliz. 3. § 2. N. 5. It was moved that after the two next Justices have made an Order under their Hands whether one of them may afterwards disavow this or not and if he so do what is then to be done as here one did but no opinion as to this Women XLVII 2 Bulstr. 330 331. 348 349. pl. 244. by Jones Justice of Assize at Salop 1631. March 7 Car. 1. she that hath a second Bastard shall not be punished upon 7 Jac. 4. § 7. N. 2. as for her second offence unless she had been before question'd and punish'd for her first offence but she might have been punish'd for her first offence either by 18 Eliz. 3. § 2. N. 2. or by 7 Jac. 4. § 7. N. 2. Supra 44. Poor XLVIII 2 Bulstr 328. 346. pl. 242. in Gerrards Ca. it was said by Whitlock and Crook Justices on reference Mich. 7 Car. 1. that if the poor Child to be relieved be a Bastard-child this is clearly out of the Statute of 43 Eliz. 2. § N. Quaere contra 2 Bulstr 331. pl. 345. Indictment XLIX West Symb. 2 part 153. sect 323 An Indictment for keeping a Bawdy-house Pract. Preccd 186. Midd. ss Juratores pro Domino Rege super sacramentum suum presentant quod N. W. de A. in Com' predict ' Taylor E uxor ejus c. sunt communes Lupinar ' diversis diebus vicibus ante diem hujus Inquisitionis in domibus suis scituat ' c. manutenuerunt hospitium Lupinar ' necnon diversas personas suspect ' ibid ' ludentes ad luda illicita viz. Tables Cards c. tam in die quam in nocte post horas debitas ei legitim ' ad gravamen Inhabitantium ibidem ac malum exemplum omnium aliorum ligeorum Domini Regis c. L. Kilb. Preced 2 Edit 37 An Order for relief of the Parish touching a Bastard-child c. Pract. Preced 237 on 18 Eliz. 3. Kent ss THe Order of us W. B. and R. K. Esqs two of his Majesties Justices of the Peace of the said County whereof W. B. is of the Quorum and both residing within the limits where the Parish-Church of H. in the County aforesaid is the 19 Apr. An. 1672. according to the form of the Statute in that case made and provided touching the Male Bastard-child late born in the Parish of H. aforesaid of the Body of A. G. of the same Parish single woman the keeping of which said Bastard-child hath ever since the Birth thereof been and still is chargable to the Parish aforesaid and so likely to continue chargable First upon our Examination of the cause and circumstance and due consideration thereof by us had we do adjudge W. S. late of H. aforesaid Taylor the reputed Father of the said Bastard-child And for punishment of the said Mother and reputed Father and the better relief of the said Parish we do hereby order as followeth We do order that the said Mother shall by the Constable c. of the Hundred of Great B. in the said County or by some or one of them upon the 10. day of c. between the hours of nine and twelve in the Forenoon in the Common-Highway at or near c. in the Parish aforesaid be stripped naked from the middle upwards and then and there shall be tyed to the Tail of a Cart or Dung-Court and being so stript and tyed shall be there openly whipped until her Body be bloudy We do also order that the said reputed Father shall by the Constable c. of the Hundred aforesaid or some or one of them upon the 10. day c. between the hours of c. in the Forenoon in the Common-Highway in the Parish aforesaid over against the dwelling-house of I. S. there be stripped naked from the middle upwards and shall then and there be tyed to the Tail of a Cart or Dung-Court and being so stripped and tyed shall be from thence drawn to the Watch-house aforesaid and on the way well whipped in such manner as in such cases is accustomed We do further order that the said Mother shall within three days next after notice of this our Order render her Body to the said Constable c. or to some or one of them ready to undergo her punishment before ordered We do likewise further order that the said reputed Father shall within six days next after notice given unto him of this our Order pay or cause to be paid to the Overseers of the Poor of the Parish aforesaid or to some or one of them 20 s. of lawful money of England towards the monies by them disbursed before the said notice given for or towards the charges of the keeping of the said Bastard-child from the time of the Birth thereof until the time of the giving of the said notice And that upon every Friday which shall be next after the end of the said six days until the said Bastard-child shall attain unto his Age of ten years the said reputed Father shall likewise pay unto the Overseers of the Poor of the said Parish for the time being
or unto some or one of them 16 pence of lawful money of England towards the charges by them disbursed towards the keeping of the Bastard-child aforesaid meaning between the end of the said six days and the time that he shall attain unto his said Age of ten years We do further order that the said Bastard-child shall be kept and nourished by his said Mother until he shall attain unto the Age aforesaid and that she so far as she shall be able shall during the said time so keep and nourish the same We do lastly order that both the said Mother and reputed Father shall for ever from and after such time as the said Bastard-child shall attain unto his said Age of ten years joyntly and severally discharge the said Parish of and from all charges whatsoever for touching or concerning the keeping or relieving of the same In witness whereof we have hereunto subscribed our Names the day and year first above-written W. B. R. K. Bath Buckston see Poor Battery see Affray Trespass Battail see Coron War Beads see Pope Beggars see Poor Behaviour see Good Behaviour Bears see Cattel Games Beer see Ale Bigamy see Marriage Blockwood see Drapery Bloudshed see Homicide Coron Boatmen Barges see Sewers Ships Bonds see Recognizance Bail Bows Butts see Games Bowls see Games Books Printers Libels I. 3 4 Ed. 6. 10. § 4. N. 1. As well Justices of Assize Justices as Justices of Peace in the General Sessions shall enquire of Printing all Antiphones Missals Grayls Processionals Manuals Legends Pyes Portuasses Primers in Latine and English Couchers Journals Ordinals or other Books whatsoever heretofore used for the Service of the Church Printed without Authority c. Brass see Mettle Breach of the Peace see Peace Breaking of Prison see Imprisonment Bricklayers see Masons Bridges see Ways Buckstalls see Forest Buggery see Coron Bulls see Pope Burglary and breaking Houses see Coron Burials see Church Bushels see Measures Butchers see Cattel Butter c. see Victuals Buying of Titles see Maintenance Calculation see Days Cattel Calves Sheep Oxen Cows Butchers Badgers Drovers Kidders Horses Replevin Common I. 32 H. 8. 13. § 8. N. 1. The Justices of Peace in every Shire Riding and other place in their Quarter-Sessions to be kept and holden by vertue of the Kings Commission of the Peace to them directed c. shall have authority to enquire of hear and determine as well by Examination as otherwise the offences of putting Horses under measure into great Commons c. Lamb. 600. Common II. Lamb. 4. cap. 4. pag. 475 476. Article of charge in Sessions if any person have put to feed in any Forest Chace Moor Marsh Heath Common or Waste ground within this Shire where any Mares are used to be kept any Stoned-Horse being above two years old and not being fourteen hand high c. and if any such Forest or Grounds have not been yearly driven within fifteen days after Michaelmas by the Owners or Officers thereunto appointed 32 H. 8. 13. except in Marshes and Seggy Fen-grounds 8 Eliz. 8. § 2. N. 1. Crompt 95 a. b 124 b. Indictment III. Lamb. 497. This is certain that Justices of Peace ought to receive Indictments found in any Leets or Law-days upon 32 H. 8. 13. § 8. N. 2. to which end also the Court-holders of such Leets are bound to certifie the same unto them within the space of four days Justices IV. Lamb. 4. cap. 11. pag. 527 528. Now whereas also some Statutes viz. 32 H. 8. 13. § 8. N. 3. do enable the Justices of Peace to hear and determine by the general use of the word Examination without shewing of what persons it seemeth to me that they may thereupon examine as well the parties as other witnesses Crompt 130 b. Forfeiture V. Crompt 194 b. Informer before the Justice of Peace shall have the moiety of the forfeiture by 32. H. 8. 13. § 8. N. 5. touching the breed of Horses and 2 3 Phil. Mar. 3. § 3. N. 2. of Milch-Kine VI. 5 6 Ed. 6. 14. § 16. N. 1. License Every person known for a common Drover being licensed in writing by three Justices of the Peace whereof one to be of the Quorum of the County where the same Drover shall be most abiding and dwelling may buy Oxen Runts Steers Kine Heifers Calves Sheep Lambs Goats or Kids in such Shires or Counties where Drovers have been wont in times past accustomably to buy Cattel at their free liberty and pleasure and to sell the same c. at reasonable prices in common Fairs and Markets distant from the place of buying 40 miles at the least so that the same Cattel be not bought by way of Forestalling VII Lamb. 4. cap. 4. pag. 447. Article of charge at Sessions Husbandry if any feeding above a hundred and twenty Sheer-Sheep for the most part of the year upon his Grounds that be meet for Milch-Kine and wherein no person hath any Common have not for each 60 such Sheep reared one Calf during the time of keeping such Sheep or if any person feeding upon his several Pastures above twenty Oxen Routs Steers Scrubs Heifers or Kine have not for every ten such Beasts kept one Milch-Cow and for every two Kine weaned and reared up yearly one Calf except it chance to die he that feedeth such Sheep or Beasts only to be spent in his House excepted 2 3 Phil. Mar. 3. VIII Lamb. 599. Sessions The Justices may in their General Sessions determine of the offences of killing and selling Weanlings under two years of age 24 H. 8. 9. § N. and of not keeping of Milch-Kine and Calves 2 3 Phil. Mar. 3. § 3. N. 2. Crompt 86. IX Crompt 126. Information Justices of Peace may hear and determine by Presentment Bill Information or Plaint the offences of such as kill Weanlings under the age of two years to the intent to sell by 24 H. 8. 9. § N. X. Crompt 126. The Justices by 24 H. 8. 7. § N. Indictment may hear and determine by Bill Information and Presentment the offence of such as kill sucking Calves to be sold Calved between 1 Jan. and 1 May. XI Crompt 126. The Justices may determine by Bill Information Information Present Action of Debt or Detinue the offences of not keeping Milch-Kine or not rearing Calves 2 3 Phil. Mar. 3. § 3. N. 2. XII Crompt 193. Days Information for the party shall be commenced before Justices of the Peace within the year after the offence committed against 2 3 Phil. Mar. 3. § 3. N. 2. touching not keeping Milch-Kine and not rearing Calves XIII Lamb. 464. Article in charge at Sessions Husbandry if any have at once kept above the number of 2000 Sheep of all sorts against the purport of 25 H. 8. 13. XIV 2 3 Phil. Mar. 7. § 7. N. 1. Market
said Justices assigned and allowed for the said Poor Charity CCCXLIV 14. Eliz. 5. § 25. N. 3. To ask gather and receive within such other Township or Parishes of the said County as the said Justices or the most part of them there then in their said Sessions assembled shall especially name and appoint limit and assign the Charitable devotion and Alms at the House or Houses of the Inhabitants of such Town Parish or Parishes by the said Justices Named Appointed Limited or Assigned so that they do appoint the said Poor so to be relieved only within the Towns and Parishes being within the divisions of the same Justices that so shall give such Licence or Licences Lieu. CCCXLV. 14 Eliz. 5. § 25. N. 4. And that the Inhabitants of every such Parish or Parishes to the which such Poor or Impotent persons shall be so appointed as is aforesaid shall be coacted and bound by vertue of this Act under such pain as to the discretion of the said Justices there in their Sessions Assembled or the most part of them shall seem convenient to relieve the said Poor and Impotent persons in such sort as the said Justices there assembled shall appoint Corporation CCCXLVI 14 Eliz. 5. § 26. N. 1. And be it further Enacted that if it shall happen any City or Town-Corporate to have in it more Impotent and Poor folks not able to labour then the said Town or City is able to relieve and the said City or Town-Corporate is a County of it self or Situate or standing in one County and Immediatly adjoyning to another that in those Cities or Towns the Mayor or Head-Officers of the said City or Town shall make Certificate to the Justices of the Counties adjoyning to the said Cities or Towns CCCXLVII 14 Eliz. 5. § 26. N. 2. And the same Justices of the said adjoyning County or Town in their General Sessions of the Peace Licence shall give Licence and follow the Order above remembred according as other Justices of the Counties in the which any Town or Parish surcharged standeth are before limited and authorized to do CCCXLVIII 14 Eliz. 5. § 27. N. 1. Provided always and be it Enacted c. that all and every summ and summs of mony London from henceforth to be Collected or Gathered within the City of London and the Liberties of the same by vertue of this Act shall be paid unto the Governors of the Hospital called the Hospital of Christ-Church within the said City of London for the time being and shall be by them from time to time distributed and bestowed for the relief of the Poor of the same City according to their Wisdoms and discretions any thing in this Statute contained to the contrary notwithstanding CCCXLIX 14 Eliz. 5. § 28. N. 1. Provided also and be it Enacted Franchis c. that all and every summ and summs of mony from henceforth to be Collected or Gathered within the City of Coventry and the Liberties of the same by vertue of this Act towards the maintenance and relief of the Hospital of Poor people erected in the same City shall be paid unto such Governor and Governors of the said Hospital as now is or hereafter shall be admitted and appointed by the Mayor and Aldermen of the said City of Coventry or the more part of them for the time being CCCL 14 Eliz. 5. § 28. N. 2. And such Governor and Governors Charity so admitted and appointed as is aforesaid shall from time to time distribute and bestow for the reliefe of the Poor within the said City the said summ or summs of mony according to their Wisdoms and discretions any thing mentioned in this Act to the contrary notwithstanding CCCLI 14 Eliz. 5. § 29. N. 1. Provided also and be it Enacted Franchis c. that all and every summ and summs of mony from henceforth to be paid Collected or Gathered within the City of Gloucester Liberties and limits of the same City for and towards the use or relief of the Poor and all and every other relief which shall be due and payable or is to be yielded within the said City Liberties or limits for and towards the relief of the said Poor shall be from time to time paid and delivered or otherwise shall stand and be at the only rule order and disposition of the President and Governors of the Hospital of Saint Bartholomew of the Foundation of our most Gracious Soveraign Lady Queen Elizabeth within the said City of Gloucester for the time being and shall be by them from time to time distributed and bestowed for the relief of the Poor of the said City according to their Wisdoms and Discretions CCCLII. 14 Eliz. 5. § 30. N. 1. And be it further Enacted Ordinary c. that the Bishop of every Diocess or his Chancellor for the time being shall yearly visit all Hospitals in the Diocess of such Bishop where no Visitor by the Founder or Founders is appointed if the Founder of the said Hospital be then Dead and to see and take order that the said Hospital be ordered and used according to the Statutes and Ordinances of the Foundation thereof and if the Founder be then living the said Founder to visit the same during his life without any the Bishops Visitation and the same Visitation to be at the only costs and charges of the Visitors and not of the Hospital Ordinary CCCLIII 14 Eliz. 5. § 30. N. 4. And that it shall be lawful to the Bishop of the Diocess for the time being where such Hospital is or shall be or his Chancellor upon complaint or other intelligence of just cause to take account how the rents revenues and profits of any such Hospital hath been bestowed and spent to call before him or them at the said Hospital to account all such person and persons as have had the Collection or receit of any the said Rents Issues Revenues or profits Account CCCLIV. 14 Eliz. 5. § 30. N. 5. And if any person or persons so called shall and do refuse to account or entring into account shall refuse to proceed and finish the same or upon finishing thereof shall refuse forthwith to imploy or answer to the use of the said Hospital such summ or summs of mony as upon the same account shall appear to be due by him that then every such person and persons so refusing shall forfeit and loose such summ and summs of mony as to the said Bishop or Chancellor and to two Justices of the Peace next Inhabiting to the said Hospital shall be thought meet and convenient Account CCCLV. 14 Eliz. 5. § 30. N. 6. To which accounts the said Bishop or Chancellor shall call the same two Justices of the Peace Ouster le mere CCCLVI. 14 Eliz. 5. § 31. N. 1. Provided also and be it further Enacted c. that no person or persons having charge of any Voyage in passing to the Realm of