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
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
and Burroughs within the same Cities and Burroughs and Burrough-holders Constables and Wardens of the Peace within their Wards shall have Power to Execute this Act. Justices And that the Iustices Assigned at their coming down into the Country § 1. N. 5. shall have Power to enquire how such Officers and Lords have Executed their Offices in this Case and to punish them whom they find that have not done that which pertained to their Office Peace Item As to the keeping of the Peace in time to come Cap. 6. it is Ordained and Enacted that the Statutes made in times past with the Statutes of Winchester viz. 13 Ed. 1. St. 2. Cap. 1. c. Shall be observed and kept in every point Prerog And where it is Contained in the end of the said Statute of Winchester § 1. N. 2. viz. 13. Ed. 1 St. 2. 3. Cap. 6. § 1. N. 15. That the Iustices Assigned shall have Power to Enquire of Defaults and to report to the King in his Parliament and the King to Remedy it which no man hath yet seen the same Iustices shall have Power to punish the Disobeyers and Resisters Justices Item It is Ordained that good and discreet Persons 4 E. 3. Cap. 2. other than of the Places if they may be found sufficient shall be Assigned in all the Shires of England to take Assizes Iuries and Certifications and to deliver the Goods Days And that the said Iustices shall take the Assizes § 1. N. 2. Iuries and Certifications and deliver the Goods at the least three times a year and more often if need be Peace Also there shall be Assigned § 1. N. 3 Good and Lawful men in every County to keep the Peace Indictments And at the time of the Assignments mention shall be made § 1. N. 4. that such as shall be Indicted or taken by the said Keepers of the Peace shall not be let to mainprise by the Sheriffs nor by none other Ministers if they be not mainprisable by the Law § 1. N. 5. Nor that such as shall be Indicted shall not be delivered but at the Common Law Certirorari § 1. N. 6. And the Iustices Assigned to deliver the Goals shall have power to deliver the same Goals of those that shall be Indicted before the Keepers of the peace § 1. N. 7. And that the said Keepers shall send their Indictments before the Iustices and they shall have power to Enquire of Sheriffs Goalers and other in whose Ward such Indicted persons shall be if they make deliverance or let to mainprise any so Indicted which be not mainprisable and to punish the said Sheriffs Goalers and others if they do any thing against this Act. 5 Ed. 3. Cap. 11. § 1. N. 2. It is Enacted that the Iustices Assigned to hear and determine such Felonyes viz. of persons Indictable in one County that dwell in another shall direct their Writs to all the Counties of England where need shall be to take such persons Indicted Proces Ca. 14. § 1. N. 3. It is accorded that if any may have any Evil suspition of such viz. Robedsome Wasters and Drawlatches be it by day or by night Coron they shall be incontinently arrested by the Constables of the Townes 10 Ed. 3. Ca. 3. § 1. N. 3. And they that will aid themselves by such Charters viz. of pardon and have not found mainprise viz. of such as above is said Pardon or after the mainprise found bear themselves otherwise against the peace than they ought their Charters shall be holden for none 18 Ed. 3. p. 09. § 1. No. 3. An Exigent c. against Conspirators Outlary and Confederators of Quarrels and deceivers of Customes and false mony § 1. N. 4. And against them that Commit Routs in Affray of the people Riot 18 E. 3. St. 2. Cap. 1. Commissioners of new Enquiries shall cease serving Indictments of Felonies and Trespasses of Wools carried out without Subsidies Enquest Customes c. Cap. 2. Item Justices That two or three of the best of Reputation in the Counties shall be Assigned Keepers of the Peace by the Kings Commission 18 H. 6. Cap. 11. § 1. N. 2. And at what time need shall be the same with other Wise and Learned in the Law shall be Assigned by the Kings Commissions to hear and determine Felonies and Trespasses done against the peace in the same Counties and to inflict punishment reasonably according to the Law and Reason and the manner of the deed Cap. 5. Item Outlary That from henceforth no Exigent shall go out in case where a man is Indicted of Trespass Vnless it be against the peace or of things which be contained in the declaration made in this case at the last Parliament holden at Westminster 18 Edw. 3. Sta. 1. pa. 109 25 Ed. 3. Cap. 8. The Iustices shall hold their Sessions four times in the year Duties and at all times that shall be needful 12 R. 2. Cap. 10. § 1. N. 2. and 2 H. 5. Cap. 4. § 2. N. 2. 27 Ed. 3. Sta. 2. Ca. 20. § 1. N. 2. Of the Staple We have ordained Merchants c. that if any outrage or Greivances be done to them viz. To Merchants Strangers in the County out of the Staple the Iustices of the Peace where such Outrages shall be done shall do speedy Iustice to them after the Law Merchant from day to day and from hour to hour without sparing any man or to drive them to fue at the Common Law C. 21. § 1. N. 5. And that the said Major and Constables viz. of the Staple shall have power to keep the peace c. Peace 34 Ed. 3. p. 139. These be the things which our Lord the King the Prelates Parliament Lords and the Commons have ordained in this present Parliament holden at Westminster the Sunday next before the Feast of the Conversion of St. Paul to be holden and published openly through the Realm Cap. 1. That in every County of England shall be assigned for the keeping of the Peace one Lord Justices and with him three or four of the most worthy in the County with some Learned in the Law § 1. N. 2. And they shall have Power to restrain the Offenders Rioters Riot and all other Barrators and to pursue arrest take and chastise them according to their Trespass or offence Imprisonment And to cause them to be Imprisoned and duly Punished §. 1. N. 3. according to the Laws and Customs of the Realm and according to that which to them shall seem best to do by their Discretion and good Advisement Poor And also to Inform them § 1. N. 4. and to Enquire of all those that have been Pillors and Robbers in the parts beyond the Sea and be now come
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
South for the time being 3 H. 5. St. 2. C. 7. § 1. N. 3. And that the Iustices of Peace through the Realm Mony shall have power by the Kings Commissions to enquire of all such matters viz. as well of Counterfeiting and of bringing of false mony into the Realm as of clipping washing and every other Falsity of the said mony and thereupon make Process by Capias only against these which before them shall be thereof Indicted 8 H. 5. C. 3. § 1 N. 4 And the Iustices of Peace shall have power to enquire thereof Mettle viz. of Guilding or Silvering of Mettles c. and that to determin Statuta Hen. 6. 2 H. 6. Cap. 8. § 2. N. 2. AND that the Iustices of Peace within the Counties Ireland and the Mayors and Bailiffs within Cities and Burroughs Enfranchised have power to take before them viz. of Irish men that enter this Realm such manner of Surety of good abearing and to do Execution upon them which shall abide or do against the said Ordinances from henceforth C. 11. § 1. N. 5. And the Iustices of Peace in all Counties of England and Mayors and Bailiffs having power to enquire of the Peace shall enquire Measures hear and determin all the same defaults viz. in the Contents of Vessels of Wine Eels Herring Salmon c. C. 14. § 1. N. 8. And the Iustices of Peace Mayors and Bailiffs Mettle and all others having power as Iustices of Peace shall hear enquire and determin Viz. of Gold-smiths and others not working Silver by the touch or Sterling allay by Bill Plaint or in other manner all that do contrary to the said Ordinances and thereof make due Execution by their discretions 6 H. 6. Cap. 3. The Iustices of Peace and cheif Officers in Cities Apprentice c. shall make Proclamation what every Artificer and Workman shall take for Wages and the Penalty of a Servant Artificer or Labourer that taketh more 8 H. 6. Cap. 5. § 2. N. 7. And that the Iustices of Peace Mayors Measures Bailiffs and Stewards of Franchises have power by Authority aforesaid to Examin the Trespassers in this Case viz. of false Weights and to enquire in special of Offenders against this Ordinance and to do Execution of them that be found faulty by Enquests or by Examination to be made by the said Iudges or Officers in this case in the manner as afore is said Force Item Whereas by the noble King Richard late King of England Cap. 9. after the Conquest the second at his Parliament holden at Westminster the Morrow after All Souls the fifteenth year of his Reign viz. 15 R. 2. Cap. 2. amongst other things it was Ordained and Established that the Statutes and Ordinances made and not repealed of them that make Entries with strong hand into Lands or Tenements or other Possessions whatsoever and them hold with Force and of them that make Insurrections Riots Routs Ridings and Assemblies in disturbance of the Peace or of the Common Law or in affray of the People should be holden and fully Executed Justices And moreover it is ordained by the same Statute Viz. 15 R. 2. § 1. N. 2. Cap. 2. § 1. N. 2. that at all times that such forcible Entries be made and complaint thereof come to the Iustices of Peace or any of them that the same Iustices or Iustice shall take the power of the County and shall go or one of them shall go to the place where such force is made Force And viz. 15 R. 2. Cap. 2. § 1. N. 3. if they find § 1. N. 3. or he findeth any holding of such place forcibly after such Entry made they should be taken and put in the next Goal there to remain convicted by the Record of the same Iustices or Iustice until they have made Fine and Ransom to the King Process And viz. 15 R. 2. Cap. 2. § 1. N. 4. § 1. N. 4. that all the people of the County as well Sheriffs as others shall be attending to the said Iustices and assist them to arrest such Malefactors upon pain of Imprisonment and to make Fine and Ransom to the King Church And viz. 15 R. 2. Cap. 2. § 1. N. 5. § 1. N. 5. that in the same manner be done of them that make forcible Entries into Benifices or Offices of holy Church as in the same Statute is contained more at Large Collusion And for that the said Statute viz. 15 R. 2. Cap. 2. § 2. N. 1. doth not extend to Entries in Tenements in peaceable manner and after holden with force nor if the persons which enter with force into Lands or Tenements be removed or voided before the coming of the said Iustices or Iustice as before nor any Pain ordained if the Sheriff do not obey the Commands and Precepts of the said Iustices for to execute the said Ordinances many wrongful and forcible Entries be daily made in Lands and Tenements by such as have no Right and also divers Gifts Feoffments and Discontinuances sometimes made to Lords and other puissant Persons and Extortioners within the said Counties where they be conversant to have Maintenance and sometimes to such persons as be unknown to them so put out to the intent to delay and defraud such rightful Possessions of their right and recovery for ever to the final Disherison of divers of the Kings faithful Leige-people and likely daily to encrease if due remedy be not provided in this behalf Assurances Our Lord the King considering the Premises § 2. N. 2. hath ordained that the said Statute viz. 15 R. 2. Cap. 2. and all other Statutes of such Entries of Alienations made in times past shall be holden and duly Executed Force Ioyned to the same viz. to 15. R. 2. Cap. 2. that from henceforth where any doth make any forcible Entry in Lands and Tenements § 2. N. 3. or other Possessions or them hold forcibly after Complaint thereof made within the same County where such Entry is made to the Iustices of Peace or to one of them by the party grieved that the Iustices or Iustice so warned within a convenient time shall cause or one of them shall cause the said Statute viz. 15. R. 2. Cap. 2. duly to be Executed and that at the costs of the Party so grieved Enquest And moreover §. 3. N. 1. though that such persons making suh Entries be present or else departed before the coming of the said Iustices or Iustice in some good Town next to the Tenements so entred or in some other convenient place according to their discretion shall have or either of them shall have Authority and power to enquire by the people of the same County as well of them that make such forcible entries into Lands and Tenements as of them which the same hold with force § 3. N. 2. And if
§ 1. N. 3. after that they shall have the Records of the same Pleas and Processes before them shall have Power and Authority to continue the said Pleas and Processes and the same Pleas and Processes and all that depend upon them to hear and finally to determin as the other Iustices might and ought to have done of and in the same if no new Commission had been made Wax And that as well every Iustice of Peace in the County where he is Iustice as Mayors and Bailiffs within Cities and Boroughs C. 12. § 1. N. 4. Stewards of Lords within the Franchises of their Lords have Power and Authority to Examin and Search viz. those that sell Wax-Candles too dear as well by Weights of such Candles Images Figures and other Works of Wax as in other manner by their Discretion and all them that any thing shall hereafter do against this Statute and to punish them that by such Examination and Search shall be found guilty in the form abovesaid Dayes Item Whereas it was Ordained by a Statute viz. 12 Rich. 2. 14 H. 6. C. 4. Cap. 10. § 1. N. 2. that the Iustices of Peace of all the Counties of England for the time being should sit and hold all their Sessions four times by the year to Enquire and Execute all Charges contained in their Commission which they be sworn to do according to the form of the Statute upon a great pain as by the same Statute more fully appeareth Justices Our Lord the King considering that all the high Courts be set and holden in the County of Midlesex § 1. N. 2. continually during all the four times of the Term by which time of Term the Commons Inhabiting in and of the same County must attend from time to time to Enquire of all the Articles to the said Courts belonging as Reason and Law requireth and that presently after every of the said Terms ended the said Iustices of the said County do sit and hold their Sessions in the same County as they ought to do by force of the said Statute viz. 12 R. 2. Cap. 10. § 1. N. 2. more to avoid the said Penalty than for any other necessary thing there to be required at which Sessions they cause to come before them a great part of the Inhabitants and Commons of the said County of Midlesex to enquire of all manner of things as to them is given in charge and by that means they be charged and vexed throughout all the year as well out of the time of Term as in the time of Term so that they have no rest nor time to do their Husbandry and their Labour to get their Living in any wise to their utter undoing if they be not releived in this behalf § 1. N. 3. Therefore the same our Lord the King willing in this case to provide for them a Remedy hath Ordained by the Advise and Assent aforesaid Peace and at the Request of the said Commons of the Realm that the Iustices of Peace which now be and all other hereafter for the time being in the said County of Midlesex shall be clearly discharged of the said Penalty by Authority of the same Parliament from henceforth the Court of Kings Bench being set in the said County of Midlesex § 1. N. 4. Provided always that the said Iustices of Peace of the said County of Midlesex for the time being keep Force observe and execute the Court of the Sessions of the Peace two times in the year at least and more often if need be for any Riot or forcible Entry made within the same County of Midlesex and that upon the Pain and Forfeiture of such Sums as be for that ordained by any Law made before this time to the end and intent that the said Commons and Inhabitants of the said County of Midlesex be not enforced nor compelled to appear before the Iustices of Peace of the same County for the time being but at such time which shall seem by the Discretion of the same Iustices of Peace necessary and behoofeful 25 Ed 3. Cap. 8. 36 Ed. 3. Cap. 12. 12 R. 2. Cap. 10. § 1. N. 2. 2 H. 5. Cap. 4. § 2. N. 2. 18 H. 6 cap. 11. Item Whereas by Statutes viz. 1 E 3. Cap. 16. § 1. N. 2. Justices 18 E. 3. St. 2. Cap. 2. 13 R. 2. Cap. 7. 17 R. 2. Cap. 10. § N. 2. made in the time of the Kings noble Progenitors it was Ordained that in every County of England Iustices should be Assigned of the most worthy of the same Counties to keep the Peace and to do other things as in the same Statutes fully is contained which Statutes notwithstanding now of late in many Counties of England the greatest number have been Deputed and Assigned which before this time were not wont to be whereof some be of small Behaviour by whom the People will not be Governed nor Ruled and some for their necessity do great Extortion and Oppression upon the People whereof great Inconveniences be likely to rise daily if the King thereof do not provide Remedy § 1. N. 2. The King willing against such Inconveniences to provide Remedy Ability hath Ordained and Established by Authority aforesaid that no Iustices of Peace within the Realm of England in any County shall be Assigned or Deputed if he have not Lands and Tenements to the value of 20 l. by year § 1. N. 3. And if any be Ordained hereafter to be Iustices of Peace in any County which hath not Lands or Tenements to the value aforesaid Justices that he thereof shall give knowledge to the Chancellor of England for the time being which shall put another Sufficient in his place § 1. N. 4. And if he give not the said knowledge as before Notice within a Month after that he hath notice of such Commission or if he sit or make any Warrant or Precept by force of such Commission he shall incur the Penalty of 20 l. and nevertheless be put out of the Commission as before § 1. N. 5. And the King shall have one half of the said Penalty Forfeiture and he that will sue for the King the other half and he that will sue for the King and for himself shall have an Action to demand the same Penalty by Writ of Debt at the Common Law § 2. N. 1. Provided always that this Ordinance shall not extend to Cities Corporation Towns or Boroughs which be Counties Incorporate of themselves nor to Cities Towns or Boroughs which have Iustices of Peace of Persons dwelling in the same by Commission or Warrant of the King or of his Progenitors Ability Provided also § 2. N. 2. that if there be not sufficient Persons having Lands and Tenements to the value aforesaid learned in the Law and of good Governance within any such County that the Chancellor of England for
had or made this Act or any thing therein contained to the contrary notwithstanding § 14. N. 1. Provided always and be it Enacted by the Authority abovesaid Days that Iustices of the Peace within any Shire of this Realm of England and Wales shall not be compelled by vertue of this Act to assemble themselves for the Execution of this Act for this present year before the next general Assizes to be holden within every such County before the Feast of St. Michael the Arch-Angel next coming but that they and every of them shall be compelled upon like pain mentioned in this Act to assemble themselves at the said general Assizes for the execution of the same for this present year only according to the Purport Tenor and True meaning of this Act any thing in this Act to the contrary notwithstanding § 15. N. 1. Provided always that this Act nor any therein contained Cinque Ports shall not in any wise extend nor be prejudicial or hurtful to the County Palatine and Dutchy of Lancaster or any Town-Corporate within the same County Palatine and Dutchy having Iustices of the Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be taxed or assessed upon any person or persons in any Sessions to be holden within the said County Palatine and Dutchy of Lancaster or Towns-Corporate parcel of the same Dutchy by vertue of this Act but that the same Issues Fines Forfeitures Amercements and Penalties shall and may be extracted returned certifyed or levyed from time to time in such manner and form to all intents and purposes as they have used to be extracted returned certifyed and levyed at any time before the making of this Act this Act or any thing therin contained to the contrary notwithstanding § 16. N. 1 Provided always and be it Enacted by Authority aforesaid Forfeitures that all Issues Fines Amercements and Forfeitures rising and growing by vertue of this present Act within any of the general Liberties Franchises or Temporal-Iurisdictions which been severally appointed and assigned to the Survey Order and Governance of the King our Soveraign Lords several Courts of the Augmentations of the Revenues of his Crown and of the general Surveyors of the Kings Lands shall be claimed and allowed and also collected and levyed by the Kings Bailiffs or other Officers of the same Liberties Franchises and Iurisdictions for the time being and shall be severally answered to the King in the same several Courts after and according to such sort and order as other Issues Fines Amercements and Forfeitures within the same several Liberties Franchises and Iurisdictions as this present time been or ought to be claimed allowed and answered any thing in this present Act to the contrary notwithstanding Wales Provided always § 17. N. 1. and be it further Enacted by the Authority aforesaid That the Iustices of Peace in every of the Shires in South Wales and North Wales and County Palatine of Chester according to their limitation shall and may certifie all the Estreats by them to be made in manner and form as is aforesaid to and afore such Chamberlain or Chamberlains Chancellor or Chancellors Auditor or Auditors in such place or places as by the Kings Majesty is or hereafter shall be appointed or assigned for hearing and determining of the Sheriffs accounts in every of the said Shires in Wales or County Palatine aforesaid any thing in this Act mentioned to the contrary notwithstanding Franchise Provided always That this Act or any thing therein contained § 18. N. 1. shall not in any wise extend to the County Palatine and County of Durham or to any Town Corporate within the same County Palatine or County having Iustices of Peace for and concerning the extracting returning certifying or leavying of any Issues Fines Forfeitures Amerciaments or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said County Palatine or County of Durham or within any Town Corporate situate and being within either the said County Palatine or County but that the same Issues Fines Forfeitures Amerciaments or Penalties and every of them may be assessed taxed extracted returned certified and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted retorned certified and levyed at any time before the making of this Act or should be assessed taxed extracted retorned certified and levyed if this Act had never been had or made this Act or any thing therein contained to the contrary notwithstanding Cinque Ports Provided always and be it Enacted That this Act § 19. N. 1. or any thing therein contained shall not extend to the Barons and Inhabitants of or within the Cinque Ports or their members or to any of them to compel or constrain them or any of them to assemble themselves with any of the Iustices of the Peace out of their said Ports and Members and the liberties of the same or for and concerning the Estreating of Fines Issues Forfeitures and Amerciaments to be set lost or assessed by vertue of this Act within the liberties aforesaid Appearance But that they and every of them shall and may assemble themselves together at such place and places within their liberties for the executing of this Act as to them shall be thought most convenient § 19. N. 2. and to divide themselves after such fashion as they shall think best and most requisite for the executing of this Estatute in this Act mentioned Amercement And may and shall take such Fines Issues Forfeitures § 19. N. 3. and Amerciaments and every of them as shall be set lost and assessed by vertue of this Act in such manner and form and to such uses purposes and intents as they or any of them lawfully should might or ought to have had before the making of this Act this Act or any thing therein contained to the contrary notwithstanding Franchise Provided alway that this Act or any thing therein contained § 20. N. 1. be not at any time hereafter in any wise prejudicial or hurtful to any person or persons Bodies Politick or Corporate to their Heirs or Successors or to the Heirs or Successors of any of them for or concerning any their lawful rights titles interest or claims of in or to any manner of Issues Fines Amerciaments Penalties or other Forfeitures in any wise to be assessed lost and forfeited before any Iustices of Peace at their Sessions hereafter to be holden or kept in any Shires City Borough or Town Corporate within this Realm of England by vertue and authority of this Act. But that every such Person or Persons § 20. N. 2. Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successors of every of them and their lawful deputies
or Commissioners to inquire of Felonies in the County where such Offences of Accessary c. shall be committed c. shall be as good and effectual in the Law as if the said principal Offence had been committed c. within the same County where the same Indictment against such Accessary shall be found § 4. N. 2. And that the Iustices of Goal-delivery or Oyer and Terminer Accessary or two of them of or in such County where the Offence of any such Accessary shall be hereafter committed c. upon suit to them made shall write to the Custos Rotulorum or Keepers of the Records where such Principal shall be hereafter attainted or convicted to certify them whether such Principal be attainted or convicted or otherwise discharged of such principal Felony who upon such Writing to them or any of them directed shall make sufficient Certificate in Writing under their Seal or Seals to the said Iustices whether such Principal be attainted and convicted or otherwise discharged or not 3 4 Ed. 6. p. 667. Acts made in the Session of this present Parliament Parliament holden upon Prorogation at Westminster the fourth day of November in the third year of the Reign of our most Dread Soveraign Lord Edward the sixth by the Grace of God King of England France and Ireland Defender of the Faith and of the Church of England and also of Ireland in Earth the Supream Head and there continued and kept to the first day of February in the fourth year of the Reign of our said Soveraign Lord as followeth Cap. 1. Where in the Parliament holden at Westminster in the seven and thirtieth year of the Reign of the most excellent Prince of Famous Memory King Henry the eighth viz. 37 H. 8. Cap. 1. § 2. N. 2. Patents it was Enacted that no person or persons should from the making of the said Act be nominated and appointed to the Office or Offices of Custos Rotulorum within any Shire of this Realm of England Wales or other the Kings Dominions Marches or Territories of the same but such as should have a Bill signed with the Kings hand for the same § 1. N. 2. Which Bill signed viz. 37 H. 8. Cap. 1. § 2. N. 3. Chancery should be a sufficient Warrant by Authority of the said Act to the Lord Chancellor of England and Lord Keeper of the Great Seal for the time being to make from time to time Commission or Commissions assigning and authorizing thereby the same person to be Custos Rotulorum untill the King had by another Bill assigned with his own hand appointed and ordained another person to have occupy and exercise the same Office of Custos Rotulorum § 1. N. 3. And Viz. 37 H. 8 Cap. 1. § 2. N. 4. Peace that the said person appointed and assigned to be Custos Rotulorum as is abovesaid should and might occupy exercise and enjoy the said Office of Custos Rotulorum by himself or by his sufficient Deputy learned in the Laws of this Realm and meet and able to supply the said Office according to the Tenor of the said Grant or Commission as by the same Act among other things more at large it doth and may appear § 2. N. 1. Since the making of which Statute viz. 37 H. 8. Cap. 1. § 2. Patents divers and many persons being in the said Offices of Custos Rotulorum in divers Shires of the Realm have departed this present Life and dyed so that there hath not come to the hands of the Chancellor of England or Lord Keeper of the Great Seal any Bill or Bills assigned with the Kings Majesties hand for the naming appointing or assigning of any new Custos Rotulorum in the same Shires and so the said Offices have remained void for a long time to the great let of Iustice § 2. N. 2. And also for that it shall be very tedious and much to the molesting of the Kings Majesty upon every avoidance of such Custos Rotulorum by death or otherwise Officer to move his Majesty for the signing of Bills for other persons to be elected named chosen and appointed to supply the said Offices of Custos Rotulorum being void § 2. N. 3. And for that the nomination and appointing of the said Office of Custos Rotulorum long before the making of the said Statute c. viz. 37 H. 8. Chancery C. 1. did appertain and belong to the Office of the Chancellor of England or Lord Keeper of the Great Seal for the time being § 3. N. 1. Be it therefore Enacted by the King our Soveraign Lord Prerog with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that the Chancellor of England or Lord Keeper of the Great Seal for the time being shall at all time and times hereafter and from time to time without any Bill or Bills to be assigned with the Kings hand name elect assign and appoint such person and persons to be Custos Rotulorum within every Shire of this Realm of England Wales and other the Kings Dominions Marches and Territories of the same or by any of them as by the discretion of the said Lord Chancellor or Lord Keeper of the Great Seal for the time being Deputy § 3. N. 2. shall be thought able and meet to have and exercise the same And that the said person or persons so to be appointed elected named and assigned by the said Lord Chancellor or Lord Keeper of the Great Seal for the time being shall and may occupy exercise and enjoy the same Office of Custos Rotulorum by himself or by his sufficient Deputy or Deputies Patents in as ample and large manner and form as if the said Act viz. 37 H. 8. Cap. 1. had never been had ne made § 4. N. 1. the before rehearsed Act or any thing therein contained to the contrary hereof in any wise notwithstanding Provided always and be it Enacted by the Authority aforesaid that all such as now have any of the said Offices of Custos Rotulorum by the Kings Letters Patents or Commission to them or any of them made shall and may enjoy Franchise have and exercise the said Offices by vertue of the same Letters Patents or Commission by himself § 5. N. 1. or his sufficient and able Deputy instructed in the Laws of this Realm any thing in this present Act had or made to the contrary notwithstanding Provided also that it be Enacted by the Authority aforesaid that the Arch-Bishop of York the Bishop of Durham the Bishop of Ely and every of their Successors the Chancellor of the Dutchy of Lancaster for the time being and all and every Person and Persons Corporations and Bodies Corporated to whom the Kings Majesty or any of his Noble Progenitors by his or their Letters Patents or Act
Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said several Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Taxes Provided that the said County of Northumberland be not by force of this Act at any time charged above the Sum of Five hundred pounds in the year § 3. N. 1. nor the said County of Cumberland charged above the Sum of Two hundred pounds in the year Justices And for this end and purpose the said several Iustices of the Peace of the respective Counties aforesaid N 2. are hereby Impowered and Authorized at their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain Number of men not exceeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered persued apprehended and brought to tryal of the Law Justices And all and every the said Iustices of the Peace of the respective Counties aforesaid or the major part of them N. 3. at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further Impowered and Authorized by force of this present Act to make and issue forth their respective Warrants under their Hands for the levying and collecting any Sum or Sums of Money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to Raise Levy and Collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendring the overplus if there be any to the respective Owner or Owners Peace And the said Iustices of Peace in the said several Counties N. 4. or any one of them respectively are hereby also Authorized to Examine any complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall neglect refufe or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter-Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withal according to Iustice § 4. N. 1. And the said respective Iustices of the Peace as aforesaid Account are hereby further impowered and authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Monies by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at their General Sessions of the Peace to be holden for the said respective Counties N. 2. And the said Iustices are also impowered to agree and article with such person or persons yearly as they shall think fit to Imploy in the said Service Justices and to take sufficient security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the People according to the true intent and meaning of this Act. § 5. N. 1. And in case any person or persons shall in pursuance of this Act be imployed in the border Service and shall at any time hereafter wilfully and corruptly War or for any sinister respect whatsoever neglect or forbear to discover or apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be Convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the Quality of his or their Offence as the Iustices of Peace at their General Sessions shall think fit to inflict § 6. N. 1. Provided nevertheless and be it hereby declared Taxes that it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said Charge if they sée cause § 7. N. 1. Provided that this Act shall continue and be in force for Five years Dayes and no longer 18. Car. 2. 3. § 1. N. 2. § 8. N. 1. Provided alwayes and be it further Enacted Scotland c. That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James viz. 4 Jac. 1. 7 Jac. 1. shall be renewed and put in execution according to the true Intent C. 26 § 6. N. 4. All and every of which said Offences viz. want of weight and mark of Vessels and ill salting and packing of Butter are to be inquired of sued for Victual heard and determined in the Sessions of Peace for the County City Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such Offence shall be Committed by Action of Debt Indictment Information or Presentment wherein no Essoin Protection or wager of Law shall be allowed to the Defendant C. 28. § 5. N. 1. And be it further Enacted c. that if any Idle or Suspitious person Fish c. shall in the night assemble and flock together about the Boats Wells or Cellars belonging to any Pilchard Coast upon any the Coasts of Cornwal or Devon having no business there to do and being warned by the Company or Owner of such Boats or Cellars to be gone that then upon complaint made to any one Iustice of the Peace every such person or persons refusing so to do shall pay Five shillings to the Poor of the Parish where such Offence was committed or shall be set in the Stocks for the space of five hours C. 32. § 2. N. 1. For prevention of all which abuses Drapery and deceits viz. in broad Wollen Cloth It is Enacted c. that c. there be and shall be a Corporation to continue forever within
such Offender to the Goal or House of Correction there to remain without Bail or Mainprise until the next General Quarter-Sessions Assizes Goal delivery great Sessions or sitting of any Commissioner of Oyer and Terminer in the respective County Limit Division or Liberty which shall first happen Indictment When and where every such Offender shall be procéeded against by Indictment c. and shall forthwith be Arraigned N. 2. c. Process And if such c. shall be lawfully Convicted c. either by Confession or Verdict or if such Offender shall refuse to plead the General Issue N. 3. then the respective Iustices of the Peace at their General Quarter-Sessions c. are hereby enabled and required to cause Iudgment to be Entred c. that such Offender shall be Transported beyond the Seas to any of his Majesties Forreign Plantations Virginia and new-new-England only excepted there to remain seven years Ouster le nere And shall forthwith under their Hands and Seals make out Warrants to the Sheriff N. 4. c. of the same County where such Conviction or refusal to plead or to confess as aforesaid shall be safely to Convey such Offender to some Port or Haven nearest or most Commodious to be appointed by them respectively and from thence to Imbark such Offender to be safely Transported c. Process And the said respective Court shall then also make out Warrants to the several Constables N. 6. Headboroughs or Tythingmen of the respective places where the Estate real or personal of such c. shall happen to be Commanding them thereby to sequester c. the profits of the Lands and distrain and fell all the Goods of the Offender c. for the reimbursing of the said Sheriff all such reasonable Charges as he shall be at and shall be allowed him by the said respective Court Forfeiture Provided alwayes and be it further Enacted That in case the Offender § 7. N. 1. c. shall pay into the hands of the Register or Clerk of the Court or Sessions where he shall be Convicted before the said Court or Sessions shall be ended the Sum of one Hundred pounds that then the said Offender shall be discharged from Imprisonment and Transportation and the Iudgment for the same Certificate Be it further Enacted That the Lieutenants § 10. N. 2. c. and also the Sheriffs and Iustices of the Peace c. or any of them joyntly or severally c. with such other Assistance as they shall think meet or can get in readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Iustice of the Peace c. of his particular Information and Knowledge of such unlawful Méetings or Conventicles held c. and that he with such Assistance as he can get together is not able to supprese or dissolve the same shall and may c. repair unto the place where they are so held c. and by the best means they can to dissolve and dissipate or prevent all such unlawful Méetings and take into their Custody such of those Persons so unlawfully Assembled as they shall judge to be the readers and seducers of the rest c. Force Provided also and be it Enacted c. That the Iustices of the Peace § 15. N. 1. c. shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial enter into any House or other place where they shall be Informed any such Conventicle c. is or shall be held § 16. N. 1. Provided That no dwelling House of any Péer Priviledge c. whilest he or his Wife shall be there resident shall be searched c. but by Immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one of the Deputy Lieutenants or two Iustices of the Peace whereof one to be of the Quorum of the same County c. N. 2. Nor shall any other dwelling House of any Peer or other Person whatsoever be entred into with force Justices c. but in presence of one Iustice of the Peace c. except in London c. § 17. N. 1. Provided also and be it Enacted Imprisonment c. That no Person shall by vertue of this Act be Committed to the House of Correction that shall satisfie the said Iustices of the Peace c. that he or she or in Case of a Feme Covert that her Husband hath an Estate of Frée-hold or Copy-hold to the value of Five pounds per Annum or personal Estate to the value of Fifty pounds 16 17 Car. 22. § 1 N. 4. Viz. Coals to be xxxvi Bushels Guildhal Measure Measures or cxii l. Aver du Pois weight c. upon pain of Forfeiture of all the Coals which shall be otherwise Sold or exposed to Sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any c. in any Court of Record or by way of Complaint made unto the Lord Mayor of London for the time being and the Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to Sale or any of them who are hereby Impowred and required to call the Parties before them and to hear and Examine such Complaint upon Oath which by vertue of this Act is to be Administred by them or any two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly N. 6. And the said Lord Mayor of London and the Court of Aldermen for the time being and the Iustices of Peace of the several Counties respectively Fuel or any thrée or more of them whereof one to be of the Quorum are hereby Impowred to set the Rates and Prices of all such Coals as shall be sold by Retail as they from time to time shall Iudge reasonable allowing a Competent profit to the said Retailer beyond the Price paid by him to the Importer and the ordinary Charges thereupon accrewing § 2. N. 2. And in Case of refusal viz. by Woodmonger c. to sell at Prices set Process the Officer appointed by the Lord Mayor or by the Justices to enter c. taking a Constable to force entrance and the said Coals to Sell or cause to be Sold at such Rates c. § 4. N. 2. And if any Action shall be Commenced against any Iustice of Peace Constable or other Officer or Person for any thing done by colour of this Act Pleading the Defendant in every such action may plead the General Issue and give the
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
his Seal of Lead unto his Cloth thereby declaring the just length thereof to be tryed by the water 2. If any person have stretched any Cloth above one yard and a half in length or one quarter of a yard in bredth or have put to sale any Cloth that hath shrunk more in the wetting than is aforesaid or have stretched any narrow strait or Kersey above one yard in length or a quarter in bredth or have put any such to sale 3. If any Dyer of Woollen Cloth have dyed any Brown Blews or Pewbs Tawnies or Violets that were not perfectly boyled greened or maddered upon the Woad and that with good Cork or Orchald sufficiently 4. If any have dyed any Wool for Cloth called Russets Marbles Grays Bays or such like or Furr Hats or Caps unless it were perfectly woaded boiled and maddered or have died with Brazil to the intent to make a false colour in any such Cloth or Wooll or have put any Flox Calf Starch or other deceivable thing upon any Cloth except certain Devonshire and Cornwal Straits Or 5. Have occupied any Iron Cards or Picards in Rowing of any woollen Cloth have sold any Cloth of any less measure than after the true content thereof by the Yard and Inch or have put to sale in this Realm any Cloth being pressed to be occupied in England Wales or Ireland 6. If any Overseers of Cloth appointed by the Justices of Peace for this year have refused to be Overseers or have not within their charge made due search thereof once every Quarter and if any person have interrupted them to make such search Dalt 44 45. cap. 14. Justices IV. Lamb. 355. Two Justices of Peace dwelling next any City or Town where any Retailer of woollen Cloth shall present unto them any defective Cloth against 5 6 Ed. 6. 6 § 31. N. 1. being conferred with 4 5 Ph. Mar. 5 § 34. N. 1. shall cause the same to be cut into three equal parts whereof the one to be to the King the other to the Prosecutors and the third to the Justices themselves Lamb. 364. Crompt 200. Dalt 44. cap. 14. Measures V. Lamb. 462 463. Inquiry in Sessions on 5 6 Ed. 6. 6 § 4. N. 4 5 Ph. Mar. 5 § 4. N. 1. If any Kentish Broad Cloth except course Cloth only not exceeding 6. li. price hath been made that containeth not in length between eight and twenty and thirty Yards being wet and in bredth seven Quarters within the Lists and in weight seventy six pounds being well scowred thicked mill'd and fully dryed and so changing it after their rates for other Countries as by these Statutes appeareth Market overt VI. Lamb. 463. For regrating of Woolls by Halifax men see 2 3 Ph Mar. 13. Trades VII Lamb. 463. Inquiry c. If any person have used or caused to be used any racking beating or casting of any deceitful Liquor or other mean with any kind of Linen Cloth whereby the same became deceitful or the worse for the good use thereof 1 Eliz. 13. Dalt 45. cap. 14. Justices VIII Lamb. 330. Any two Justices of Peace may dispose of the moneys rising by the deceitful stretching of the Northern Cloth c. 39 Eliz. 20. § 4. N. 1. Crompt 97. 4 Jac. 2. Forfeiture IX Crompt 198. Any two Justices of Peace of the County where any Logwood alias Blockwood shall be found in whose hands soever it shall be may openly burn it as forfeited 23 Eliz. 9. § 2. N. 1. Justices X. Dalt 42. cap. 14. Every Justice of Peace may enter in and upon any Houses Lands or Grounds and make search for any Tainters Wrenches or orher Engines whatsoever whereby any deceit may be used in or about the stretching of any woollen Cloth and may utterly deface the same Tainters c. And for the second offence may sell them away to the best value thereof 39 Eliz. 20. § 8. N. 1. 43 Eliz. 10. § 9. N. 1. XI Dalt 45. cap. 14. Process Any two or more Justices of the Peace within the County City Borough or Town Corporate where deceivable Cloth shall be made or suspected to be made upon complaint or Information of any Overseer Searcher or any other of any such offence may grant their Warrant to call before them any person or persons that in their discretions shall be thought fit to discover any such offence and may examine upon Oath any such persons for the Trial and better finding out of the said offence And if upon such Examination it shall be found by Testimony of two Witnesses or more or by the Confession of the Offender that any such offence hath been committed the same shall be a sufficient conviction of the offence and then the said Justices shall or may certifie such offence unto the Church-wardens and Overseers for the time being of the Poor of the Parish where such deceivable Cloth shall be made under the Hands and Seals of the said Justices And upon such Certificate and a Warrant made by the said Justices to the said Overseers and Churchwardens for the levying of the forfeiture the said Overseers and Churchwardens or any of them or their or any of their Successors immediately from and after such Certificate or Warrant delivered to them or any of them may levy the sum or sums of mony which by the said Certificate and Warrant shall appear to be forfeited by way of distress and sale of the Offenders Goods rendring to the Offender the overplus c. And in defect of such distress the said two Justices may commit the Offender to the common Gaol there to remain without Bail until payment shall be made of the sums so forfeited to the said Overseers and Churchwardens or some or one of them 21 Jac. 18. § 2. N. 1. XII Dalt 45. cap. 14. Justices Any two Justices of the Peace may take order between the Clothier and his Spinsters Carders Kembers Sorters and Weavers which shall unjustly or deceitfully convey away imbezil sell or detain any part of the Wooll or Yarn delivered to them 7 Jac. 7. § 2. N. 1. XIII Lamb. 446. Wooll Inquiry in Sessions if any person have bought any Woollen Yarn and have not made Cloth thereof 8 H. 6. 5 § N. or have bought any Wooll but of the owner of the Sheep and of the Tithe 14 Rich. 2. 4. § N. XIV Pract. Prec 91 92. An Indictment for cozening of Clothiers Collusion London ss Juratores pro Domino Rege super sacramentum suum presentant quod A. B. nuper de I. in Com' predict ' Mercator Scissor est persona valde mali nominis famae conversationis inhonestae communis deceptor defraudator subditorum dicti Domini Regis quod ipse 30 die Novemb. anno c. apud L. viz. in parochia Sancti B. c. diversis aliis locis diebus infra Civitat
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
purely affirmative also and thefore abrogates no part of the power given them by the former Clause of 3 Jac. 4. § 7. N. 1. and this agrees with what Sir Edward Coke saith 12 Co. 13. that if a man be Indicted for Recusancy at the Assizes or Sessions of the Peace the Court may waive the proceedings by Proclamation upon 3 Jac. 4. § 7. N. 2. And may still if they please proceed against the party by process upon this Statute 23 Eliz. 1. § 9. N. 2. in which Case the process must be by Venire facias capias c. As in Indictments of Trespass and if saith he the party be fugitive in another County the Indictment may be removed in B. R. and then process may be there made out against him into any County of England XXXIV The Laws c. 67. Abr. 71. Justices Upon 23 Eliz. 1. § 9. N. 2. by Quarter Session is intended here only the Sessions of the Peace held at four times of the year and not any other altho it be a general Sessions 2. And therefore the Justices of Peace in London who hold a Sessions every month cannot take Indictments upon this Statute 23 Eliz. 1. § 9. N. 2. at any of them unless it be the Quarter Sessions For that their Authority is given them only at a certain time as was resolved upon 5 Eliz. 9. § 9. N. 1. in the like Case Mich. 17. Jac. B. R. Palmer 44. pl. Taylors Case 3. And 3 Jac. 4. § 7. N. 1. which gives Justices of Peace power to take Indictments of Recusancy at their general or Quarter Sessions for so the word said there imports having reference to the general or Quarter Sessions mentioned before 3 Jac. 4. § 4. N. 2. about Presentments yet doth not enlarge the power of the Justices of Peace in this particular nor enable them to take such Indictments at any Sessions but at their four Quarter Sessions for altho it be put there 3 Jac. 4. § 4. N. 2. dis-junctively General or Quarter yet the latter word is but Explicative of the former and shews what General Sessions are meant as appears by 3 Jac. 4. § 14. N. 1. and 7 Jac. 6. § 26. N. 5. touching the Oath of Allegiance for in 3 Jac. 4. § 14. N. 1. t is said that if the party refuse the Oath he shall be committed to Goal until the next Assizes or General Quarter Sessions and if he refuse the Oath tendred him by the Justices of Assize and goal-delivery in their open Assizes or by the Justices of Peace in their said general Quarter Sessions he shall incurre a Praemunire and in 7 Jac. 6. § 26. N. 5. that the party refusing shall be committed to Goal until the next Assizes or general Quarter Sessions and if he refuse the Oath tendred him by the Justices of Assizes and Goal delivery in their open Assizes or goal-delivery or the Justices of Peace or the greater part of them in their general or Quarter Sessions he shall incurre a Praemunire which clearly shews that the same thing is intended by general Quarter Sessions and General or Quarter Sessions and that all General Sessions which are not Quarter Sessions are excluded out of the meaning of those Statutes Indictment XXXV The Laws c. 68. Abr. 72. The Justices named in 23 Eliz. 1. § 9. N. 2. are hereby impowered to proceed by Indictment only and no other way for they are to hear and determine after enquiry infra 95. 165. 2. And the word Enquire implyeth an Indictment and is alwaies so to be expounded supra 35 and so are the other words hear and determine where other proceeding are not specially named as here they are not 3. For the action of debt Information c. in any Court of Record is given to the Informer qui tam c. afterwards 23 Eliz. 1. § 11. N. 1. in a distinct branch by it self without any reference to this 4. So that by 23 Eliz. 1. § 9. N. 2. and before 35 Eliz. 1. § 10. N. 2. which gave the Queen an action of debt c. the Queen had no other remedy to recover the intire forfeitures given hereby but by Indictment only 11 Co. 60. and 1 Rol. 91. pl. 41. Dr. Fosters Case 5. See Jones 193. pl. for that and the suit by the common Informer are the only wayes appointed by 23 Eliz. 1. § 9. N. 2. and § 11. N. 1. and the subsequent Clause 23 Eliz. 1. § 10. N. 1. of submission which names the Justices before whom the party is to submit viz. the Justices before whom he is Indicted Arraigned or Tryed shews what proceeding are meant which are to be had before the Justices here named that is by Indictment Hob. 205. Pie and Lovel 6. Talbot and Shelden were Indicted for Recusancy Contra formam Statuti 23 Eliz. 1. in which Indictment the penalty was demanded and in a Writ of Error the Judgment was reverst for the offence is made by 1 Eliz. 2. § N. and the penalty is given by 23 Eliz. 1. § ◠N. and therefore it should have been Contra formam Statutorum Owen 135. pl. Wests Case infra 79. § 4. Bar. Fem. 7. If a Feme-Covert be Indicted at the Kings Suit for an offence within 23 Eliz. 1. § 5. N. 1. she may be charged with the penalty after her Husbands death but the Husband is not chargable nor shall pay the penalty for that he is no party to the Judgment And this was one of the Causes of making 35 Eliz. 1. § 10. N. 1. by which Statute the King may have an Action of debt and recover the forfeiture against the Husband 1 Rol. 93. 94. Roy versus Foster Savile 25. pl. 59. Treason XXXVI The Laws c. 68. Abr. 73. This Exception 23 Eliz. 1. § 9. N. 2. of Treason and misprision of Treason extends not to the Justices of Oyer and Terminer or of Assize and Goal-delivery as Wingate Crown 46. hath mistaken but only to Justices of Peace who are not to meddle in those two Cases but the other Justices may XXXVII The Laws c. 69. Abr. 75. Certificate Upon 23 Eliz. 1. § 10. N. 1. If a man be Indicted for Recusancy before Justices of Peace and he submits and conforms before the Bishop of the Diocess he may remove the Indictment by Certiorari into B. R. and there plead his Conformity by Certificate under the Bishops hand and Seal Styles 26. pl. 2. For the manner of a Recusants submission and Conformity before the Bishop after Conviction and the Bishops Certificate thereupon see Co. Entr. 569. XXXVIII The Laws c. 90. Abr. 85. Alien And his Being born within this Realm 27 Eliz. 2. § 3. N. 1. must be comprised in the Indictment but it need not be shown in what particular place he was born but generally quod J. S. natus infra hoc regnum Angliae c. And so it must be alledged in
the Party take it it will be safest for the two Justices to make such Certificate to the next General or Quarter-Sessions as is appointed 3 Iac. 4. § 13. N. 5. and for the Clerk of the Peace or Town-Clerk to Record it Oath XC The Laws c. 251. Abr. 268. Shall refuse to take the said Oath duly tendred to him or her 7 Iac. 6. § 26. N. 5. If the Persons Authorized to tender this Oath ask the Party whether he will take it and he saith he will not Quaere whether this be such a tender and refusal as shall make the Refuser liable to be imprisoned and proceeded against by force of this Act unless he or they who tender it have in readiness both the form of the Oath and the Book to swear on for it is to be presumed that the Act intends all requisite Circumstances ready to enable the one to minister and the other to take the Oath And 't is held by some That before there can be any such refusal of this Oath as is here intended it ought to be read or offered to be read to the Party especially if he be Illiterate or if he be not yet that at least it ought to be offered to him for himself to read it for perhaps the Party never saw or heard it And in such Case it would be against Reason that the refusal should be Penal And therefore in 9 Iac. upon the tender of this Oath at Serjeants Inn in Fleetstreet it was read by order of the Judges there XCI The Laws c. 251. Abr. 269. To the Common Goal 7 Iac. 6. § 26. N. 5. The Justices of the Court of B. R. have used to tender this Oath in Court as Justices of Peace of Middlesex and upon refusal the Party is to be Committed to the Prison of the Marshalsey which is the ordinary Prison of that Court until the next Sessions 2 Bulstrode 155. Dyer 297. XCII The Laws c. 258. 259. Or of Oyer and terminer Justices 3 Car. 1. Chap. 2. 3. § 3. N. 1. Justices of Peace cannot take an Indictment upon this Statute for no Inferior Court shall take Authority by any Statute unless it be specially named Savile 135. pl. 212. Agard and Candish And although Justices of Peace have in their Commission § 14. an express Clause ad audiend terminend ' and by that are Justices of Oyerand Terminer yet forasmuch as there is a Commission of Oyer and Terminer known distinctly by that name and the Commission of Peace is known distinctly by another name they shall not be included under the general words of Justices of Oyer and Terminer as was adjudged 3 Cr. 87. Hill 30 Eliz. B. R. in Smiths Case who was indicted at the Sessions of the Peace in the County of Oxford on 5 Eliz. 14 of forging Deeds which impowers Justices of Oyer and Terminer to enquire of hear and determine that offence and yet the Indictment before the Justices of Peace was quasht as taken Coram non Judice 9 Co. 118. 3 Inst 103. 3 Cr. 601. Wilsons case and 3 Cr. 697. Hunts Case See Justices XCIII Lambert 2. cap. 7. pag. 194. 195. Justices If any Person to whom any Agnus Dei Cross Picture Bead or such superstitious thing from the See of Rome or the Authority thereof shall be offered or delivered do disclose the Name and dwelling or Place of resort of such offerer or deliverer to any Justice of the Peace of that Shire where he to whom such offer or delivery is shall be resiant then the Justice must within 14. days next after declare the same to some one of the Kings Privy Counsel 13 Eliz. 2. § 8. N. 1. Supra Crompt 14 b. 15 a. 168 b. XCIV Lambert 225. Coron Receiving of Jesuits or Seminary Priests contrary to 27 Eliz. 2. § 4. N. 1. Supra and the refusal of Seditious Sectaries and of Popish Recusants to abjure the Realm and their return after abjuration made against 35 Eliz. 1. § 3. N. 1. 35 Eliz. 2. § 10. N. 1. are Felonies against the Body of the Commonwealth XCV Lambert 293. 294. Any one Justice of Peace of that Limit Religion Division or Liberty where the party dwelleth upon proof by Confession of the Party or Oath of Witness may call before him the Party offending in not repairing every Sunday to some Church c. according to 1 Eliz. 2. § 14. N. 1. And if he or she cannot make a sufficient excuse thereof the same Justice may give his Warrant to the Church-warden of the Parish whereby the offender dwelleth to distrain for 12d for every such default and for want of distress to imprison the Offender untill payment be made 3 Jac. 4. § 27. N. 2. XCVI Lambert 294. Before some Justice of Peace of the County Oath Liberty or Limit where the Parents of a Child sent beyond the Seas against this Act 3 Iac. 5. § 16. N. 1. did dwell such Child shall take the Oath expressed 3 Iac. 4. § 15. N. 1. And they that were beyond Seas before the making of this Act are to take the same Oath within six Months after their return being of Eighteen years of Age or more before some Justice of Peace where such Person inhabiteth or remaineth before they can take benefit of any gift Conveyance c. of any Lands Tenements c. 3. Iac. 5. § 17. N. 2. XCVII Lambert 294. Lieu. Popish Recusants indicted or Convicted and other Persons which have not repaired to some usual Church or Chappel and there heard Divine Service by the space of three Months last past dwelling or which shall dwell in any County within ten Miles of the City of London shall depart from thence according to 3 Iac. 5. § 3. N. 1. and deliver up his or her name to the next Justice of Peace in the same County upon pain of forfeiture of C l. Supra Submission XCVIIII Lambert 333. Any two Justices of Peace of the County where any of his Majesties Subjects not being a Jesuit Seminary Priest or other Priest Religious or Ecclesiastical Person c. now being or which hereafter shall be of or brought up in any Colledge of Jesuits or Seminaries shall Arive within six Months next after proclamation to be made in that behalf in the City of London under the great Seal of England may within two days next after such return receive his Submission under the Oath set forth by 27 Eliz. 2. § 5. N. 1. Infra Religion XCIX Lambert 197. If any Person above sixteen years of Age do by the space of Twelve Months forbear to repair to some Church Chappel or usual place of Common Prayer contrary to the tenor of 1 Eliz. 2. § 14. N. 1. then any Justice of Peace of the County where such offender shall dwell or be may make Certificate thereof in Writing in B. R. to the end that the offender may thereupon be bound in CC l.
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.