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
presati Justiciarij superinde Virtute Statuti predict ' die Anno Loco ultimo mentionat ' super quemlibet offensorum Auglicè Offenders predict ' sic ut prefertur ad assemblat ' predict ' present ' Existent ' pro separali offensa sua predict ' finem 5 s. Imposumus Predictusque homo Ignotus pro offensa sua predict ' eo quod ipse ut presertur assumpsit super se docere in assemblat ' predict ' ad tunc ibidem docuit forisfecit Summam 20. libr. Virtute Statut ' predict ' Predict ' K. Kite pro offensa sua predict ' eo quod ipse ut prefertur permisit assemblationem predict ' fore tenend ' in Domo Mansionali sua predict ' forisfecit Summam 20 libr. Virtute Statuti illius Et quia in Judicijs nostris putamus predict ' H. S. fore pauperem inhabilem solvere predict ' finem 5 s. super ipsum pro offensa sua predict ' eo quod ipse ut prefertur presens fuit ad assemblat ' predict ' ut prefertur impositum eo quod predict ' fines 5 s. super predict ' Hom ' ignot ' ego quod ipse ut prefertur presens fuit ad assemblat ' predict ' ut prefertur imposuit ' de Bonis et Catallis suis non potest levari ideo ex discretionibus nostris predict ' duos separales fines 5 s. ultimo mentionat ' de Bonis et Catallis predict ' â— B. qui preâ—ertur ad assemblat ' predict ' presens fuit ut nos prefat ' Justiciarij apud C. predict ' in Com. predict ' eodem 17 die Apr. Anno 27 supradict ' sevari adjudicavimus Et quia predict ' homo qui ut prefertur assumpsit super se docere in assemblat ' predict ' et ad tunc et ibidem docuit est extraneus Angl ' a Stranger et nomen et habitatio sua incogn ' existit ideo ex discretionibus nostris predict ' summam 20 libr. per ipsum pro offensa predict ' ut prefertur forisfact ' nos prefati Justiciarij die anno et loco ultimo mentionat ' de Bonis et Catallis separalium personarum hic Postea Mentionat ' levari adjudicavimus modo et forma sequent ' viz. de Bonis et Catallis predict ' J. B. qui c. pro ut c. 9 l. et 10 s. inde et de Bonis et Catallis C. B. qui etiam c. pro ut c. 40 s. inde et de Bonis c. predict ' R. C. qui etiam c. pro ut c. C. S. inde resid ' c. ut in Recordo In quarum omnium rerum testimonium nos prefat ' Justiciarij die Anno et loco ultimo mentionat ' Manus et Sigilla nostra presentibus aposuimus XXXVI Kilb. Precedents 62. 63. Forfeiture A Warrant to levy the Mony upon the Offenders 22 Car. 2. 1. To the Constable and Borshoulder's Headboroughs and Tythingmen of the Hundred of M. and D. in the said County and to every of them and to the Church-wardens and Overseers of the Poor of the Parish of S. in the County aforesaid and to every of them and to all and every other Officers whom the Execution hereof may concern Kent ss Forasmuch as R. L. of the said Parish of S. Mercer was this present day according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided by us Convicted of his wittingly and willingly suffering an Assembly to be holden in his Dwelling house in the said Parish of S. upon the 30. day of March now last past under colour of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England contrary to the form of the Act aforesaid by which he hath according to the said Act forfeited the Sum of 20 l. for his said Offence These are therefore in his Majesties Name to command you and every of you forthwith to levy by Distress and Sale of the Goods and Chattels of the said R. K. the aforesaid Sum of 20 l. and you and every of you are in his Majesties Name hereby further commanded that when you or any of you have as aforesaid levied the Sum aforesaid that then they or he having so levied the same do forthwith deliver the same to us or one of us to be distributed according to the said Act hereof neither you nor any of you are to fail at your perils Given under our Hands and Seals at C. c. XXXVII Kilb. Precedents 63. 64. Religion A Condition of a Recognizance in case of an Appeal made touching Conventicles on 22 Car. 2. 1. § 7. N. 1. The Condition of this Recognizance is such That whereas R. G. of R. in the within named County of Kent Gentleman was lately Convicted by the within named Justices of taking upon him to teach in an Assembly lately held in the Parish Church of S. within written under pretence of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England against the form of the Statute lately made to prevent and suppress Seditious Conventicles and had therefore according to the Statute aforesaid forfeited the Sum of 20 l. And for that in the Indictments of the said Justices they did think the said R. G. unable to pay the said Sum 20 l. they did therefore by their Discretions adjudge S l. thereof to be levied by Distress and Sale of the Goods and Chattels of the within Bounden W. W. who was also according to the said Statute Convicted of being present at the said Assembly contrary to the Statute aforesaid And whereas the said W. W. was also by the said Justices Convicted for that he at the time of the said Assembly was one of the Church-wardens of the said Parish and knowing the said Assembly to be holden within the same did not give Information thereof to any Justices of Peace nor endeavour the Conviction of the Parties which were at the said Assembly nor of any of them according to the Duty of his said Office but wittingly and willingly did omit the performance of his Office aforesaid in the Execution of the said Statute against the form of the same by which he forfeited the Sum of 5 l. And the said two several Sums of five pounds have by Warrant of the said Justices been levied of the Goods and Chattels of the said W. W. and he hath the day and year within written appealed from the Justices aforesaid to the Judgment of the Justices of Peace of the said County in their next Quarter-Sessions if therefore the said W. W. do prosecute the said Appeal with effect that then this Recognizance shall be void or else it shall stand in full force And forasmuch also as the aforesaid Wife of S. B. is a Feme Covert cohabiting with the said S.B. her Husband these are therefore
c. pro ut supra c. forthwith to levy the aforesaid 5 s. so imposed upon her as aforesaid by distress c. pro ut c. And forasmuch as a Man unknown did then and there take upon him to Preach or teach c. pro ut the record supra You may levy 20 l. upon any the Offenders as in your Judgments shall seem fit Forfeiture XXXVIII Kilb. Precedents 65. 66. 67. 68. A Warrant to levy the Money upon the Offenders on 22 Car. 2. 1. To the Constable c. ut supra Kent ss Forasmuch as W. W. of the aforesaid Parish of S. Gent. one of the Church-Wardens of the said Parish J. H. of the parish aforesaid Yeoman the other Church-Warden of the said Parish T. N. of the Parish aforesaid Chandler one of the Overseers of the Poor of the said Parish J. W. the Elder of the Parish aforesaid Yeoman G. P. c. W. H. of the Parish aforesaid Headborough of the North-borough in the said Parish c. were every of them this present day by us Convicted according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided of being present in the Parish Church of S. aforesaid in the County aforesaid upon Sunday the 19. day of June last past between the hours of nine and twelve before Noon the same day at an Assembly then and there held under pretence of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England contrary to the form of the Act aforesaid and we have by vertue of the said Act imposed upon every of the said Offenders so Convicted as aforesaid a Fine of 5 s. for that his respective Offence These are therefore in his Majesties Name to Command you and every of you forthwith to levy upon every of the said Offenders respectively by Distress and Sale of his respective Goods and Chattels the aforesaid Fine of 5 s. And Forasmuch as R. G. of R. in the said County Gent. did then and there take upon him to teach in the Assembly aforesaid and did then and there teach against the form of the Act aforesaid and was this present day by us according to the said Act Convicted of his said Offence and he hath for the same forfeited the Sum Twenty pounds And for that in our Judgments we do think the said R.G. is unable to pay the said Sum so forfeited as aforesaid we have therefore by our Discretions adjudged the same to be levied of the Goods and Chattels of the aforesaid W. W. J. H. D. P. J. C. who as aforesaid were all of them present at the Assembly and are thereof as aforesaid Convicted And the same Sum of 20 l. to be levyed in manner following that is to say one C. S. thereof of the Goods and Chattels of the said J. H. other one C. s. thereof of the Goods and Chattels of the said D. P. and the other one C. s. thereof residue of the Goods and Chattels of the said J. C. These are therefore in his Majesties Name to command you and every of you forthwith to levy one C. s. parcel of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said W.W. and to levy other one C. s. other parcel of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said J. H. and to levy other one C. s. other parcel of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said D. P. and to levy the other one C. s. residue of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said J. C. And forasmuch as T. H. of the aforesaid Parish of S. Labourer was this present day by us Convicted according to the Act aforesaid of being present at the Assembly aforesaid contrary to the said Act and we have also by Vertue of the Act aforesaid imposed upon him a Fine of 5 s. for that his Offence and for that we do in our Judgments think the said T. H. poor and unable to pay the said Sum of 5 s. upon him for his said Offence imposed as aforesaid we have therefore by our Discretions adjudged the same to be levyed of the Goods and Chattels of the said J. W. who as aforesaid is Convicted of the like Offence at the same Assembly These are therefore in his Majesties Name to command you and every of you forthwith to levy the said fine of five 5 s. by distress and Sale of the Goods and Chattels of the said J. W. And for as much as T. H. of B. in the County aforesaid Master was was this present day by us convicted according to the Act aforesaid of being present at the Assembly aforesaid contrary to the said Act and for that the said T. H. heretofore committed the like Offence and according to the form of the Act aforesaid was thereof convicted therefore he for his said Offence of being present at the Assembly herein before mentioned hath incurred the penalty of 10 s. These are therefore in his Majesties Name to command you and every of you forthwith to levy the said 10 s. by distress and Sale of the Goods and Chattels of the said T. H. And forasmuch as Mary the Wife of the said J. W. and E. the Wife of the said J. C. were both of them this present day by us Convicted Bar Feme according to the Act aforesaid of being present at the Assembly aforesaid contrary to the said Act and we have by vertue of the Act aforesaid imposed upon the said Mary a Fine of 5 s. for that her said respective Offence and we have also by vertue of the said Act imposed upon the said E. a Fine of 5 s. for her said respective Offence and for that the said Mary is a Feme Covert cohabiting with the said J. W. her Husband and the said E. is also a Feme Covert cohabiting with the said J. C. her Husband These are therefore in his Majesties Name to command you and every of you forthwith to levy the aforesaid fine of 5 s. so imposed upon the said Mary as aforesaid by distress and Sale of the Goods and Chattels of the said J. W. and to levy the aforesaid Fine of 5 s. so imposed upon the said E. as aforesaid by distress and Sale of the Goods and Chattels of the said J. C. And Forasmuch as the aforesaid W. W. at the time of the said Assembly â—fficer was and still is one of the Church-wardens of the Parish of S. aforesaid and the aforesaid J. H. then also was and still is the other Churchwarden of the aforesaid Parish and the aforesaid T. N. then was and still is one of the Overseers of the Poor of the said Parish and the said W.H. then was and still is Headborough of the Northborough in the
their respective Counties Cities and Towns Corporate and to seize the same any Act Statute c. notwithstanding C. 15. § 2. N. 2. Viz. None to be Silk-Thrower unless seven years Apprentice Drapery upon pain that every person so Offending contrary to this Act shall pay c. forty shillings for every month c. the one Moiety c. to the use of his said Majesty c. and the other c. to such c. as shall sue for the same in any of the Courts of Record within this Realm c. or before any the Iustices of Oyer and Terminer or the Iustices of the Peace at their Quarter Sessions of the Peace by Action of Debt Bill Plaint or Information c. § 6. N. 2. Be it further Enacted c. That every such silk winder and doubler Collusion who shall at any time hereafter unjustly or deceitfully and falsely Purloin Imbezil Pawn Sell or Detain any part of Silk delivered c. by any Silk-thrower or other person to them or any of them to wind or double that in every such Case c. as well the Winder or Iourneyman so offending as the buyer c. receiver c. of such Silk being thereof lawfully Convicted by confession of the party c. or by one Witness upon Oath before one or more of the Iustices of Peace of the County or Liberty where the same Offence c. shall be committed or if it be within any City or Town Corporate before the Mayor c. who by force of this Act are Impowered c. to minister the same Oath and finally to hear and determine all and every the Offences aforesaid and to give and make to the party c. Grieved such recompence and satisfaction for such their Damage and Loss and Charges thereabouts as by the said Iustice or Iustices or chief Officers shall be ordered and appointed § 7. N. 1. Provided that no more Damage be given Damages c. then the party grieved shall prove he is damnified and hath expended in looking after the same and if the party c. so offending shall not be able c. to make recompence c. within fourtéen days next after such Conviction c. as by the Iustice c. or chief Officers shall be ordered c. then the party c. so offending for the first Offence shall be apprehended and whipped or set in the Stocks in the place where the Offence is Committed or in some Market Town in the said County near unto the place c. as shall be limitted and appointed by the said Iustice or Iustices of the Peace or chief Officers and for the second Offence to incur the like or such further punishment by whipping or being put in the Stocks as the said Iustice or Iustices of the Peace or chief Officers shall in their Discretion think fit and convenient C. 18 § 12. N. 1. And for the better execution of this Act Merchants viz. against Exportation of Sheeps Wool Woolfels Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers Earth fulling Clay or Tobacco-pipe Clay c. Be it further enacted That all Iustices of Assize c. and Iustices of Peace shall Inquire of all the Premisses in their General Quarter Sessions and hear and determine the same C. 20. § 1. N. 2. Be it notwithstanding viz. 12 Car. 2. 24. § 13. Enacted c. that Purveyance c. as often as the Service of his Majesties Navy or Ordnance shall require any Carriages by Land c. upon notice given in Writing by Warrant under the Hand and Seal of the Lord High Admiral c. of two or more of the principal Officers or Commissioners of his Majesties Navy c. the Master c. the Lieutenants of his Majesties Ordnance for the providing of Carriages for the respective Service of the Navy or Ordnance unto two or more Iustices of the Peace dwelling near unto the place where the said Carriages shall be required the said Iustices of the Peace may and shall immediately Issue forth their Warrants unto such of the adjacent Parishes Hundreds or Divisions as they shall judge fit within their respective Counties and Divisions not being above Twelve miles distant from the place of Lading for the sending to a certain place and at certain times to be specified and appointed in the said Warrants such numbers of Carriages with Horses or Oxen sufficient for the said service as by the Lord High Admiral c. or by the Master or Lieutenant of his Majesties Ordnance c. or by the principal Officers or Commissioners of his Majesties Navy respectively c. shall be by writing under their Hands and Seals required Cap. 22. Whereas a great Number of lewd Scotland disorderly and lawless persons being Thieves and Robbers who are commonly called Moss-Troopers have successively for many and sundry years last past béen bred resided in and frequented the Borders of the two respective Counties of Northumberland and Cumberland and the next adjacent parts of Scotland and they taking the opportunity of large wast Grounds Heaths and Mosses and the many Intricate and Dangerous wayes and by-paths in those parts do usually after the most notorious Crimes committed by them escape over from the one Kingdom into the other respectively and so avoid the hand of Iustice in regard the Offences done and perpetrated in the one Kingdom cannot be punished in the other 29 30 Car. 2. 2. War And whereas since the time of the late unhappy Distractions § 2. N. 1. such Offences and Offenders as aforesaid have excéedingly more increased and abounded and the several Inhabitants of the said respective Counties have béen for divers years last past necessitated at their own frée and voluntary Charge to maintain several Parties of Horse for the necessary defence of their Persons Families and Goods and to the end the aforesaid evil and pernitious members might be apprehended and brought to Iudgment Taxes And whereas the most part of the Inhabitants of the said Counties N. 2. being more remote from the Borders then other persons and consequently not so much exposed to eminent dangers as others are therefore unwilling to contribute their proportionable parts of the aforesaid Charge and yet notwithstanding it cannot probably or possibly be Avoided but that those Inhabitants of the respective Counties who hold themselves most secure most certainly sustein much Damage and Detriment in their Goods and Estates in case the aforesaid Moss-Troopers be not timely suppressed but suffered to grow numerous strong and potent which they must needs do in case there be no restraint upon them Scotland Be it Enacted N. 3. c. That from and after the Feast of St. Michael the Archangel which shall be in the year of our Lord One thousand six hundred sixty and two for and during the term of Five years next ensuing the date of this present
such other Bridges as were demolished in the late War Wayes Provided alwayes and be it Enacted § 14. N. 1. c. That it shall and may be lawful for any six or more Iustices of the Peace of the County of Monmouth whereof two to be of the Quorum at their General Sessions of the Peace to be held for that County at any time hereafter during ten years and no longer to Impose and Levy any Sum c. upon the said County for the Repairing and Amending of Uske and Basaley Bridges which are Situate upon great Rivers and lye on very publick Rodes of the County so as the Sum c excéed not c. xl l. c. Statuta 22 23 Car. 2. Corn. ANd be it further Enacted and Declared That in Case any Person 22 23 Car 2. 7 § 4. N. 1. c. who shall be Convict or Attainted of any the Offences viz. that in the Night time malitiously unlawfully and willingly burn or Cause to be burned or destroyed any Ricks or Stacks of Corn Hay or Grain Barns or other Houses or Buildings or Kilns or shall c kill or destroy any Horses Sheep or other Cattle c. made Felony by vertue of this Act as aforesaid to Avoid Iudgment of death or Execution thereupon for such Offence shall make his Election to be Transported beyond the Seas to any of his Majesties Plantations that then the Iustices of Assize Oyer and Terminer Goal delivery or Iustices of the Peace before whom such Offender shall be Convict or Attaint by vertue of this Act and every of them respectively shall cause Iudgment to be Entred against every such Offender that he be Transported beyond the Seas to some of his Majesties Plantations in the said Iudgment to be particularly mentioned c. there to remain for the space of Seven years Trespass And be it further Enacted c. That upon the Complaint or request of the Party c. Injured in any such manner viz. by maiming Cattle § 6. N. 1. or destroying Plantations of Trees or Inclosures c. any thrée or more Iustices of the Peace for the County Division City Town Corporate or Place whereof one to be of the Quorum shall and may and they are thereunto Authorized and required by vertue of this Act to enquire as well by the Oaths of twelve lawful men or more of the same County as by Examination of Witnesses upon Oath or by any lawful wayes or means which to them shall séem méet of and concerning any the Offences before Incurred and Offenders therein and in order thereunto to Issue out Warrants as well for the Summoning of Iurors as for the apprehending of all such Persons as shall or may be thereof suspected and to take their Examination touching the same as also to cause all such other Persons as to them shall seem likely to make discovery thereof to appear before them and to give Information upon Oath of and concerning their knowledge of the Premisses so as no Person so to be Examined by the said Iustices of the Peace shall be Convicted or in any wise proceeded against for or by reason of any Offence concerning which he or they shall be so Examined as a Witness and shall upon such his Examination make a true discovery thereof Process And in case any Person or Persons N. 2. who by the said Iustices be thought likely to make discovery as aforesaid shall refuse to appear or to be Examined as a Witness being duely Summoned by the said Iustices in pursuance of this Act it shall and may be lawful for the said Iustices of the Peace to Commit the party so refusing to the Common Goal for the said County without Bail or Mainprise until he shall submit to be Examined upon Oath of and concerning his knowledge touching the same Offence or the Offenders by whom the same was Committed Drapery Viz. all Fines Forfeitures and Penalties for defective Kidderminster Stuffs C. 8. § 15. N. 2. c. shall and may be Levied by Distress and Sale of the Goods and Chattels of the Offender c. by Warrant under the Hands and Seals of the Bailiff and one of the Iustices of the Peace of the said Borough c. 22 23 Car. 2. St. 2. C. 12. 2. § 3. N. 2. Be it further Enacted Corn. That upon Complaint made to any one or more Iustices of the Peace that any kind of Corn ground or unground or Salt hath béen sold or bought or delivered contrary to this Act the proof shall lie upon the Defendant to make it appear by the Oaths of one or more Credible Witnesses that he or they did sell or buy the same in every respect according to this and the said former Act viz. 22 Car. 2. 8. wherein if such Person complained of shall fail he or they shall forfeit and lose as is by this Act before directed viz. the Corn c. or the value c. to be Levied by Distress and Sale of his or their Goods or Chattels restoring the overplus by Warrant under the Hand and Seal of one or more Iustice before whom he or they shall be so Convicted which Penalties by this Act appointed to be Levied shall by the said Iustice or Iustices be distributed one half to the Poor of the Parish where such Offence was committed and the other half to the Informer or Prosecutor C. 16. 10 § 4. N. 1. And likewise that all Iudges and Iustices of Assize and General Goal delivery Poor and all Iustices of the Peace in their Quarter Sessions shall in open Court give in Charge to the Grand Iuries to enquire of and present such Offenders viz. as conceal or defraud Gifts to poor of London burnt or infected § 5. N. 1. And that upon Complaint made to any Iustice of Peace in any County London City or Town Corporate by the Chamberlain of the City of London or his Attornies Solicitors Receivers Agents or any of them made or appointed by him by any Writings under his Hand and Seal for prosecuting the recovery or for recovering the said Mannors or any of them against any Person or Persons for their unjust detaining of any Monies Collected for the uses aforesaid or any of them that then such Iustice of Peace shall grant his Warrant against such Persons so complained of for the bringing of them before him N. 2. And upon their Appearance before him Recognizance if it shall séem probable to the said Iustice upon Examining of the Matter and Evidence given by any Witness upon Oath which the said Iustice may Administer or other Evidence that the Person complained of doth unjustly detain any Monies Collected or appointed for the uses aforesaid or any of them then such Iustice shall by sufficient Recognizance bind him to appear at the next General Quarter-Sessions to answer the matter complained of and to observe and abide
Clerk of the Peace within his or their particular Iurisdiction and after such Establishment no other or greater Fee or Fees then shall be so Established shall be Demanded or Received Games And moreover that the said Game-Keeper Cap. 25. 17. § 2. N. ◠c. viz. made by Lord of Royalty that is Esq c. or any other Person c. being thereunto Authorized by Warrant under the Hand and Seal of any Iustice of the Peace of the same County Division or Place may in the day time search the Houses Out-Houses or other places of any such Person c. by this Act prohibited to kéep or use the same as upon good Ground shall be suspected to have or kéep in his or their Custody any Guns Bows Grey-hounds Setting-dogs Ferrets Cony-dogs or other Dogs to destroy Hares or Conies Hayes Tramels or other Nets Lowbels Hare-pipes Snares or other Engines aforesaid and the same and every or any of them to Seize Detain and keep to and for the use of the Lord of the Mannor or Royalty where the same shall be so found or taken or otherwise to cut in pieces or destroy as things by this Act prohibited to be kept by Persons of their Degrées Forrest For remedy c. be it Enacted and Declared § 4. N. ◠that if any c. shall at any time enter wrongfully into any Warren or Ground lawfully used or kept for the breeding or kéeping of Conies although the same be not Inclosed and there shall take chace or kill any Conies against the will of the Owner or Occupier thereof not having lawful Title or Authority so to do and shall be thereof lawfully Convicted in manner hereafter following the Parties so Offending shall yield to the Party grieved treble Damages and Costs and suffer Imprisonment by the space of three Months and after till they shall find Sureties for their good abearing Damages Viz. None to take or kill Conies in the Night § 5. N. 3. c. upon pain that every Person so Offending and being thereof lawfully Convicted in manner hereafter following shall give the Party or Parties injured such Recompence or Satisfaction for his or their Damages and within such time as shall be appointed by the Iustice before whom such Offender shall be Convicted and over and above pay down presently unto the Overseers for the use of the Poor of the Parish where such Offence shall be Committed such Sum of Money not excéeding Ten shillings as the said Iustice shall think méet Imprisonment And if such Offender N. 4. c. do not make Recompence or Satisfaction to the said Party or Persons Injured and also pay the said Sum to the Poor in manner and form aforesaid then the said Iustice shall Commit the said Offender c. to the House of Correction for such time as the said Iustice shall think fit not exceeding One month Forrest And it is hereby further Enacted and Declared c. That if any § 6. N. ◠c. shall be found or Apprehended Setting or using any Snares Harepipes or other like Engines and shall be thereof Convicted in manner following the Person c. so offending shall be liable to the Penalties in the Immediate foregoing Clause of this Act in manner as aforesaid § 7. N. 2. Be it therefore further Enacted c. That if any shall at any time use any Casting Net Thief Net Drag Net Tramel Shove Net Fish or other Net whatsoever or any Angle Hair noose Troll or Spear or shall lay any Wears Pots Nets Fish-hooks or other Engines or shall take any Fish by any means or device whatsoever in any River Stew Pond Mote or other water as aforesaid or shall be aiding or assisting thereunto without the Licence or Consent of the Lord or Owner of the said Water and be thereof or of any other the Offence or Offences mentioned in this Act Convict by Confession of the Offender or by Oath of one sufficient Witness within One month after the Offence Committed before any Iustice of Peace of such County Riding Division or Place wherein such Offence as aforesaid shall be Committed which Oath the said Iustice of Peace is hereby Impowered to Administer every such Offender c. in stealing taking or killing Fish shall for every such Offence give to the Party c. Injured such Recompence or Satisfaction for his or their Damages and within such time as the said Iustice shall appoint not excéeding treble Damages N. 3. And over and above pay down presently unto the Overséers for the use of the Poor where the said Offence shall be Committed Poor such Sum of money not excéeding x s. as the said Iustice shall think méet N. 4. And in default of payment as aforesaid Process the same to be Levied by Distress and Sale of the Offenders Goods by Warrant under the Hand and Seal of such Iustice before whom the Offender shall be Convicted rendering the overplus if any be N. 5. And for want of Distress the Offender c. shall be Commited to the House of Correction for such time as the Iustice shall think fit Imprisonment not excéeding One month unless the Party offending shall enter into Bond with one competent Surety or Sureties to the Party injured not excéeding the Sum of Ten pounds never to offend in like manner § 8. N. 1. And be it further Enacted That it shall and may be Lawful for every Iustice of the Peace before whom such Offender as aforesaid shall be Convict to take Justices cut in Pieces and destroy all and every such Angles Speers Hairs Nooses Troles Wears Pots Fish-hooks Nets or other Engines whatsoever wherewith such Offender as aforesaid shall be taken or Apprehended § 9. N. 1. Provided alwaies and be it Enacted c. That if any Error c. shall find him or themselves agrieved by any Iudgment which shall happen to be given by any Iustice of the Peace by vertue of this Act it shall and may be Lawful for such Person or Persons so agrieved to appeal unto the Iustices of the Peace in their General Quarter-Sessions which shall happen to be held next after such Iudgment given who or the greater number of them are hereby Authorized and Impowered to give such relief and make such Order therein as shall be agréeable to the Tenor of this Act. N. 2. And such Iudgment Order or Determination as by the said Iustices shall be made upon the said Appeal Certiorari shall be final to all Intents and purposes whatsoever if no title to any Land Royalty or Fishery be therein concerned Cap. 26. 18. § 2. N. 1. And forasmuch as the Remedies and Provisions by those Laws Husbandry viz. 12 Car. 2. 34 15. Car. 2. 7. § 18. are found not large enough to obviate and prevent the Planting thereof viz. of Tobacco N. 2. Be it
Justices make a Precept for a Session to be holden in one Town and two other Justices make another Precept for another Session to be holden at another Town or in another part of the same Town the same day then the presentments taken before either of them shall be good by Marrow and then also it seemeth that he that serveth at the one Session as a Juror or Officer shall be excused for his default at the other c. Crumpt 123. b. § 20. Dalt 532. cap. 185. § 4. Amerciament CXLVII Lamb. 380. The Justices of the Peace be so necessary as without them tho all others should appear no Session can be kept and yet if any of them be absent their fellow Justices cannot Amerce them as the Justices of Assize may do Inter pares non de potestas and the Authority of all the Justices of the Peace at the Sessions is equal so that like power hath he which is not of the Quorum with him that is except it be in special Cases set forth in the Commission and Statutes and therefore it was holden 3 H. 7. Justice of Peace Fitzh 3. that if one which is not of the Quorum will be so bold as to rebuke one that is of the Quorum he and his Companions may not Commit him to Prison for it Ryot CXLVIII 381. And albeit the power of the Justices be joynt at the Sessions yet to some purpose each one hath a distinct power by himself also for if one of them sitting in his Judicial place shall see a Riot he may cause the Parties to be Arrested and may also Record the Riot whereby they shall be so concluded as they shall have no answer to it Justice of P. Fitzh 9. Appearance CXLIX Lamb. 381. The Recognitors that stand bound to the keeping of the Peace and to appear at the Sessions and such like be commonly tyed unto the Quarter Sessions c. and those Prisoners that are sent by Justices of the Peace for Felony or Manslaughter or Suspition thereof or be let to Bail or Mainprise upon any such Offence be for the most part reserved till the Goal-delivery c. the rest of that Kind may be brought forth at every Sessions of the Peace Peace CL. Lamb. 382. Amongst the Offices that owe ordinary attendance at the Sessions the Custos Rotulorum hath worthily the first place both for that he is always a Justice of the Quorum in the Commission and amongst them of the Quorum a man for the most part especially pickt out either for Wisdom Countenance or Credit and yet in this behalf he beareth the Person if an Officer and ought to attend by himself or his Deputy for the words of the Comission § 18. be to him now by his proper name quod ad dies loca predicta Brevia processus indictamenta predict ' coram te dictis sociis tuis venire facias whereas until 14 Rich. 2. that charge was general to all the Justices and not laid specially upon any one Person in the Commission as it doth appear in the Tower by the Records Commission CLI Lamb. 382. 383. Marrow saith that seeing the other Justices may hold a Session wlthout him it is meet then they should have the Commission with them but Coke in 9 Ed. 4. 2. holdeth that a Justice of the Peace in making any justification by vertue of his Office needeth not to shew the Commission of the Peace because the keeping thereof belongeth to the Custos Rotulorum and for the same cause also the Bayliff of a Justice of Peace shall not be driven to shew the Commission as it seemeth 14 H. 7. 7. monstr Br. 63. CLII. Lamb. 383. Record But under the name of the Records of the Sessions of the Peace I do not comprehend all manner of Records concerning the Peace but those only which ought to be at the Sessions of the Peace as Bills Plaints Informations Indictments Presentments the Rolls of Processes Tryals Judgments Executions and all other the Acts of the Sessions of the Peace themselves and furthermore the Ingrossement of the rates of Servants wages all Recognizances of the Peace and Good abearing Recognizances concerning Felonies and alehouse-Alehouse-keepers and such like as ought to be certifyed or brought to the Sessions of the Peace must be numbred amongst the Records of the Sessions of the Peace for of all these there may be use at the Sessions and therefore the Custos Rotulorum or some for him ought to be ready there to shew them Lamb. 388. CLIII Lamb. 384. Recognizance Now altho it were before-time at the liberty of a Justice of the Peace to certify a Recognizance of the Peace to the Custos Rotulorum as 2 H. 7. 1. yet now by 3 H. 7. 1. § 1. N. 26. he ought to certify send or bring the same to the next Sessions of the Peace that the Party may be called and to the end also that his default if he make any may be Recorded and by such record of his default he is concluded to say that he appeared there 13 Ed. 4. CLIV. Lamb. 384. 385. As for Precepts for surety of the Peace Records the special Records for conviction of forcible Entries Riots and such like as be made out of the Sessions of the Peace by particular Justices and be to remain with themselves and not appointed to be certified thither I cannot reckon them in the number of the Records of the Sessions Kell 41. pl. 6. no more then I may well do the Inrolements of Bargains and Sales and such other Records lying in the Charge of the Custos Rotulorum or Clerk of the Peace CLV Lamb. 390. Appearance Furthermore the Coroner as the common form of the Precept sheweth and the Stat. 27 H. 8. 5. § N. presumeth ought to be present at the Sessions but yet that is not for to certify their Inquisitions which ought by 1 2 Ph. Mar. 13. § N. to be done at the General Goal-delivery nor yet to receive any approver for neither that belongeth to the Justices of Peace 9 H. 4. 1. but it is only saith Mr. Marrow because the Coroners be Parties to the Exigents and be Judges of the outlary howbeit they are besides that Conservators of the Peace also and may in Cases commit men to Prison and therefore ought to be at the Sessions to object against them Ibid. Sheriffs The Sheriff in like manner ought to attend at those Sessions for the double duty that he beareth the one as Sheriff to return the Precept to take the charge of Prisoners and to serve the Court otherwise as he hath in charge by the Mandamus in the Commission § 17. the other because he also hath care and charge of the Peace see suprà 142. CLVI Lamb. 391. Ordinary But the Ordinary oweth not his attendance at any Sessions of the Peace as he doth at every Goal-delivery in the
of the said Act imposed on him so convict as aforesaid for his said Offence the said Sum of 20 l. as being thought by him able to pay the same as by the said Certificate appeareth 22 Car. 2. 1. § 13. N. These are therefore by Virtue of the aforesaid Act in his Majesties Name to command you that you some or one of you do forthwith levy the said 20 l. by Distress and Sale of the Goods and Chattels of the said G. H. and that when you or any of you have so levied the said 20 l. or any part thereof that then you they or he that so levied the same do forthwith deliver the Moneys so levied to the aforesaid W. E. to be by him distributed according to the Act aforesaid hereof neither you nor any of you are to fail at your perils Given under my Hand and Seal at A. in the said County of K. 10 Apr. Anno Regni c. 31. Proof XXXIII Kilb. Precedents 57. 58. A Warrant for Witnesses to prove the Conventicle To the Constable Borshoulders Headboroughs and Tythingmen of the Hundred of S. in the said County and every of them Kent ss Whereas we have this day received Information that several persons upon the 19. day of June last past were present in the Parish of S. in the said County at a Conventicle then and there held under Colour of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England contrary to the form of an Act of Parliament lately made and provided to prevent and suppress Seditious Conventicles And whereas we are also Informed that the several persons hereunder Named can certifie the Particulars and truth of the Premisses These are therefore in his Majesties Name to command you and every of you that you do give notice to the several Persons that they and every of them are by us Commanded to appear before us at the House of R.K. Esq in H. in the County aforesaid on Wedensday the first day of this Instant August at eight of the Clock in the Forenoon of the same day then and there to testifie their several Knowledges touching the Premisses whereof neither they nor any of them are to fail at their perils And you are further hereby commanded to appear at the time and place aforesaid to make appear unto us what you have done in the Execution hereof hereof also you are not to fail at your peril Given under our Hands and Seals at H. in the said County the Day of c. A. B. of c. c. as many as be C. D. of c. c. as many as be XXXIV Kilb. Precedents 58. 59. A Certificate made by a Justice where the Offenders liev in a Corporation Kent ss S. B. R. K. Esquires Certificate Two of his Majesties Justices assigned to keep the Peace in his County aforesaid to the Chief Magistrate of the Corporation of T. in the said County Greeting Whereas W. S. of T. aforesaid in the County aforesaid Yeoman was this present day before us Convicted according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided of being present in the Dwelling house of J. B. in the Parish of C. in the County aforesaid upon the sixth day of this Instant July at a Conventicle than and there held under Colour of Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England contrary to the form of the Act aforesaid And we have by Vertue of the said Act imposed upon him a Fine of Five shillings for that his Offence and whereas also the said J. B. was this present day before us also according to the said Act Convicted of his wittingly and willingly suffering the Conventicle aforesaid to be held in his aforesaid Dwelling house contrary to the form of the Act aforesaid for which his Offence he hath forfeited the Sum of 20 l. and for that we do in our Judgments think the said J. B. poor and unable to pay the said Sum of 20 l. by him as aforesaid forfeited we have therefore by our Discretions adjudged one hundred Shillings thereof to be levyed of the Goods and Chattels of the aforesaid W. S. who as aforesaid was present at the same Conventicle And forasmuch as the said W. S. is an Inhabitant in the Corporation aforesaid we do therefore hereby Certifie you of the Premisses to the end you may proceed thereupon as by the said Act is required Given under our Hands and Seals at C. in the said County 20 Novemb. Anno 1679 c. Regni c. 31. Church XXXV Kilb. Precedents 59. 60. A Record of the Conviction of certain Persons taken at a Conventicle Kent ss Memorand ' quod ' S. B. de Parochia de C. c. pro ut c. 31. N. 2. quidam alius homo ignotus in toto se attingnut ad numerum octo personarum quilibet eorum 3 die c. Anno c. ultra aetatem c. subdit ' c. quorum que ad numerum quinque personarum non ad tunc fuerunt defamilia Roberti Kite de predicta Parochia c. in Com. predict ' Mercer in predict ' Parochia de S. eodem 3 Die c. Anno c. Insimul assemblaverunt presentes fuerunt quilibet eorum presens fuit in Donio Mansionali ipsius Roberti Kite in predicta Parochia de S. in Com. predict ' ad assemblationem sub colore c. pro ut c. ad tunc adhuc in pleno robore existent ' Memorand ' etiam quod predict ' homo ignotus ad tunc ibidem assumpsit super se docere in assemblat ' predict ' ad tunc ibidem docuit etiam contra formam ejusdem Statuti Memorand ' etiam quod predict R. Kite tempore supradicto scienter Angl. wittingly voluntariè permisit assemblat ' predict ' fore tenend ' in Domo Mansionali sua predict ' etiam contra formam Statuti predict ' Record ' quarum quidem separalium offensarum nos J. H. Miles W.C.S. B. R. K. Armigeri Justiciarij dicti Domini Regis ad pacem suam in Com. suo predict ' causa assemblat ' quibus secundum formam effectum Statutorum dredictorum separales offensas predict ' sic ut presertur sore Commissa sufficienter apparuit per presentes sub Manibus Sigillis nostris 17 Die Apr. Anno c. 27. supradicto apud C. predict ' in Com. predict ' fecimus predictique S. B. predict ' uxorejus H. S. c. R. K. predict ' Hom ' ignot ' de separalibus offensis suis in Record ' predict ' superius specificat ' per Record ' illud Virtute Statuti predicti plene perfecte convicti sunt quilibet eorum inde separaliter plenè perfecte Convictus est Et nos