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
An Indictment against a Servant that stealeth his Masters Goods committed to his keeping Kanc. ss Juratores pro Domino Rege super sacramentum suum presentant quod cum A. B. de E. dicto Com' Mercer 20 die Septembr anno regni c. in domo mansionali ipsius A. B. apud E. predict ' in Com' predict ' deliberasset cuidam E. F. de E. predict ' in dicto Com' Mercer tunc serviens ipsius A. B. pro uno anno integro retento ac etatis 19 annorum existenti 10 l. in pecuniis numeratis de bonis ipsius A. B. ea intentione ut idem E. F. easdem salvo custodivet ad usum predict ' A. B. tunc Magistri sui idem E. F. dicto 20 die Setembr anno supradict ' Apprenticius dicti A. B. tunc non existens apud E. predict ' in Com' predict ' â dicto Magistro suo una cum predict ' 10 l. dicti A. B. tunc Magistri sui malitiose felonice discessit abiit aufugit ea intentione ad furand ' dictas 10 l. contra fiduciam in eo per prefat ' A. B. tunc Magistrum suum repositam collocatam ad inde dictum A. B. Magistrum suum predict ' defraudand ' contra pacem dicti Domini Regis ac contra formam diversorum Statutorum hujus regni Angliae in hujusmodi casu provisorum editorum 21 H. 8. 7. § 1. N. 2. 5 Eliz. 10. Corruption of Bloud see Coron Corporal Pain see Pain Judgment Costs see Damages Cottages see Poor Counterfeits see Forgery County-Courts see Justices Sheriffs Courts see Justices Coupers see Trades Coynage see Money Counsel see Pleading Cries see Fresh-Suit Crosss-Bows see Games Wars Crows see Fowl Cursing see Oaths Curriers see Leather Customers see Merchants Admiral Custus Rotulorum see Peace Cut-purses see Coron Cutting of Tongues Ponds c. see Coron Costs Damages I. 18 Eliz. 5. § 3. N. 3. And that if any such Informer viz. on penal Law c. shall willingly delay his Suit or shall discontinue or be Non-suited or have Verdict or Judgment against him then he shall yield c. unto the party Defendant his Costs Charges and Damages to be assigned by the Court in which the same Suit shall be attempted Days Lent Sabbath Limitation LAmb. 4. cap. 4. pag. 452. Enquiry in Sessions if any person other than by reason of Age Sickness Childing or License have within this year eaten Flesh in Lent or upon any Fish day observed by the custom of this Realm 2. 3 Ed. 6. 19. § N. 5 Eliz. 5. § N. II. Shepherds Clerks Cabinet 17. cap. 3. A Warrant to any forfeiture on 1. Car. 1. cap. 1. § N. W. S. Esquire c. to the Constables and Tythingmen of D. within this County and every of them or to the Churchwardens of D. and C. Whereas the persons undernamed all of your Parish of D. within this County have been lawfully convicted before me that the first day of May last past being the Lords-day did cause or maintain or keep an Assembly Meeting or Concourse at Sale in this County being out of their own Parish for Sports and Pastimes viz. for Foot-ball and for Wrestling or caused an Assembly Meeting or Concourse of People for a Bear-bating or for a Bull-bating or for a Common Play or for Cards and Dice or for Dancing c. contrary to the Acts of Parliament in that case provided by which either of them hath forfeited 3. s. 4. d. a piece for the use of the poor of your Parish to be levied by the Constables or Churchwardens by distress and sale of the Goods of the Offender and in default of Distress to be put in the Stocks three hours These are therefore to Authorize and Require you forthwith to levy the same Sum of 3. s. 4. d. of every of the said named persons and of their Goods respectively by distress and sale thereof rendring to them the overplus And in case of lack of distress that then you see that the same person or persons lacking distress be set publickly in the Stocks by the space of three hours and the same mony forfeited being by you received that you take care the same be by you employed to the use of the Poor of your Parish according to the said Act And hereof fail not c. Given under my Hand and Seal the tenth day of c. W. S. of Dale Husbandman I. S. of the same Yeoman K. L. of the same Labourer N. M. of Sale Yeoman III. Shepherds Clerks Cabinet 19. cap. 30. Warrant on 3 Car. 1. cap. 1. Ways § N. for the forfeiture W. S. c. To the Constables c. It being duly proved before me that I. S. of your Parish of D Glouc. ss a common Carrier c. the first day of c. Anno c. being the Lords day in your Parish of D. aforesaid did being then a common Carrier with his Horse c. Travel into and through your said Parish of D. contrary to the Statute in that case provided by which he hath forfeited twenty Shillings to the use of the poor of your Parish of D. These are therefore to Authorize and Require you forthwith to levy the same twenty Shillings of the Goods of the said I. S. by distress and sale thereof rendring to him the overplus And the same so by you received that you see it be employed to the use of the Poor of your Parish according to the intent of the same Statute and hereof c. Given under my Hand and Seal c. the tenth day of c. II. ibid. A Warrant against a Butcher for killing meat on the Lords day Cattel on 3 Car. 1. cap. 1. To the Constables and Tythingmen of D. and every of them or to the Church-wardens of D. c. W. S. One of his Majesties Justices for this County of G. Glouc. ss assigned to keep the Peace Greeting It being duly proved before me that I. S. of your Town Butcher did in D. aforesaid the first day of May last past being the Lords day kill or cause to be killed Victuals to wit one Calf or did sell Victuals contrary to the Act of Parliament in that case provided whereby he hath forfeited 6. s. 8. d. to the use of the Poor c. These are therefore to Authorize and Require you forthwith to levy the same 6. s. 8. d. c. and hereof you are not to fail c. Given c. III. ibid. To the Constables c. It being duly proved before me or some of his Majesties Justices c. that I. S. of your Parish did the first day of May last Glouc. ss being the Lords day at Dale aforesaid without reasonable cause carry Burthens viz. a Bushel of Wheat to a Mill there or do worldly Labour and Work viz. drive Cattel from one ground to another half a mile distant contrary to the Act of Parliament in
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
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
time enquire of the due execution of these presents and of all other abuses disorders and misdemeanours whatsoever committed or suffered against the provisions aforesaid and the true meaning of them Fees XXIII Lamb. 4. cap. 4. page 431. Articles of Charge in Sessions If the Clerk of any Justice have taken above 12 d. for a Recognizance of an Alehouse-keeper or Tippler 5 6 Ed. 6. 25. § 1. N. 5. supra § 17. Cromp. 176. § 10. XXIV Lamb. 4. cap. 8. p. 516. The Statute of 5 Process 6 Ed. 6. 25. § 3. N. 2. giveth power to the Justices of Peace to enquire of Alehouse-keepers whether they have done any act to the breach of their Recognizance And if any matter be presented then to award Process against the Offender to shew why he should not forfeit his Recognizance But what this Process shall be I will not determine for I do not find that in any other case though it appear that a man hath forfeited his Recognizance the Justices of Peace can award any Scir ' Fac ' or other Process to call him in upon it but rather to certifie the same into higher Courts that from thence Process may issue out to call the party to his Answer Cromp. 196. b. f. 9. XXV Lamb. 521. And upon Information made unto them Forfeiture viz. the Sessions that an Alehouse-keeper hath done any act whereby he hath forfeited his Recognizance they may as I said award Process against him to shew why he should not forfeit his Recognizance by 5 6 Ed. 6. 25. § 3 N. 2. but learn if it be meant Scir ' Fac ' or of some other Process Cromp. 126. b. 151. b. infra 36. XXVI Lamb. 4. cap. 15. pag. 563 564. Certificate And upon Certificate made at the next Quarter Sessions of the Peace by two Justices of the Peace the one of them being of the Quorum which Lamb. 530. is a Conviction against him that shall obstinately keep an Alehouse contrary to the Statute 5 6. Ed. 6. 25 § 4. N. 1. the Justices are to assess the fine of 20 s. the which I do purposely rehearse because they are there warranted to assess the Fine without process first made against the Offender unlike the common order of assessing Fines c. XXVII Cromp. 151. b. Process shall be awarded by 5 Suggestion 6. Ed 6. 25. § 3. N. 2. against him that hath broken his Recognizance taken to keep an Alehouse to shew why it should not be forfeited c. XXVIII Dalt cap. 7. page 26. And yet note Process that wheresoever any Conviction shall be before the Justices of Peace by 1 Jac. 9. § 2. N. 6. by or upon the Oath of any other person than the Delinquent himself then the Justice of Peace must first send for or convene the Delinquent before him to make answer c. infra § 43. XXIX Lamb. 565 566. Fine Where the Conviction is for trespass against the Peace Riots and such other Contempts and Offences against the Commission or Statutes for the which no certain Fine is appointed there the judgment is that the party shall be taken to satisfie the King for his Fine and thereupon the Capias pro fine and if the party cannot be found other judicial process goeth out till he be outlawed unless it be in very few Cases where by the words of the Statutes themselves they may proceed to assess the Fine in the absence of the parties without calling them to it by any Process for so it standeth in the Statute 5 6 Ed. 6. 25. § 5. N. 3. XXX Lamb. 569 570. Forfeiture I have heard that even in Cases where the Statutes do appoint a certain forfeiture as fine of 10 l. yet the practice is to mitigate the same by discretion if so be the party will come in upon the Indictment and put himself in gratiam Regis with or without confession of the fault so that the fine shall be small where the fault was great and the penalty of the Law it self not small But this manner of doing in my mind is so void of sound reason that I cannot recommend it to the Justices of Peace but do rather condemn it as a mockery of the Law Yea I find that sundry Statutes fearing be like some such thing have specially prevented it commanding That Justices of Peace shall assess no less fine then is in those Statutes themselves beforehand appointed Such is 5 6 Ed. 6. 25. § 5 N. 3. Justices XXXI Lamb. 4. cap. 19. page 588. Neither may I well omit that this doing viz. holding the Quarter Sessions in two places of the County c. may breed danger to the Justices themselves whilst any of them having taken the Recognixance of a Tippler doth not certifie it until the Sessions happen to be in his own part and in the mean season the next Session of the Peace within the Shire chanceth to be holden in the other part whereof what may follow the Statute will tell you 5 6 Ed. 6. 25. § 2. N. 3. Enquest XXXII Lamb. 599. The enquiry whether Alehouse-keepers have forfeited their Recognizances ought by 5 6 Ed. 6. § 3. N. 1. to be at the Quarter Sessions Certificat XXXIII Lamb. 620. If the Justices of Peace having taken Recognizance for an Alehouse do not certifie it at the next Quarter Sessions of the Peace they shall lose five Marks 5 6 Ed. 6. 25. § 2. N. 3. so Cromp. 167. a. b. Games XXXIV Cromp. 77. Item viz. enquiry at Sessions shall be whether any that is allowed to keep a common Alehouse use any unlawful Games or keep any misrule in the same House against their Recognizance Cromp. 125. Hostler XXXV Cromp. 77. a. b. Nota That it hath been agreed that such Inns that have been newly erected since 5 6 Ed. 6. 25. and were not Inns before ought to have Licenses as Alehouses ought to have and this was in ure upon an Indictment travers'd and tryed at the Assizes in Sussex about 16 Eliz. as I heard by him that was of Counsel with the party indicted Dalt cap. 7. page 31. Hutt 99. 8. Co. 32. Process XXXVI Cromp. 126. b. The Sessions may hear and determine by Information Presentment or otherwise by their discretion the forfeiture of a Recognizance taken of Alehouses by 5 6 Ed. 6. 25. § 3. N. 2. and they may make process upon this Presentment or Information Lamb. 516 521. supra 25. Dalt cap. 7. page Cromp. 151. b. Certificate XXXVII Crompt 130. b. The Certificate to the Sessions against him that keeps an Alehouse against the Statute of 5 6 Ed. 6. 25. § 5. N. 2. being made by two Justices of the Peace whereof one shall be of the Quorum shall be a Conviction to the Offender Lamb. 530. Cromp. 172. Bail XXXVIII Cromp. 154. b. Nor he that
of all such as do declare any thing material to prove the Offence to appear at the next General Gaol-delivery and to give Evidence there against the Offender 2 3 Phil. Mar. 10. Dalt 52. Infra 36. Dalt 295. cap. 111. Crompt 193 b. II. Lamb. 220. ibid. Proof Neither do I doubt but that this present Statute 2 3 Phil. Mar. 10. when it saith Man-slaughter and other Felony doth thereby make Man-slaughter a sort of Felony for so the word other doth imply and doth also therewithal comprehend Murder underneath it seeing it cannot be thought but that this Statute requireth Examinat ' as well if not more in the case of Murder as it doth in the other less hateful Homicides III. Lamb. 230. ibid. In all these sorts of voluntary Man-slaughter Ability being exempted from the fault of Felony as that is which we say to be done se defendendo There is no person to be punished to whom the Law hath denyed a will or a mind to do harm as a Mad-man he that is born both Deaf and Dumb nor an Infant under the age of 12 years unless it may by some evident token appear that he had understanding of Good and Evil Lunaticks c. 3 H. 7. 1. 21 H. 7. 31. Coron 193. 26 Ass 27. Crompt 29 a. b. 30. a. b. 31 a. Dalt 223. cap. 89. 236. cap. 92. 244. cap. 95. IV. Lamb. 231. Moreover to hurt a Woman great with-child Women whereby the Child either dieth within her Body or shortly after that she is delivered of it Or to strike any person so as he dieth not thereof till the year and day be fully past will not wrap a man within the danger of these felonious Man-slaughters 3 Ass 2. 1 Ed. 3. 24. Coron 303. 3 H. 7. 1. § 1. N. 14. Bract. 121. Dalt 242. cap. 93. 17. V. Lamb. 231. ibid. Lastly if any person shall be brought before a Justice of Peace and charged with any of these Homicides viz. Murder Imprisonm Man-slaughter Chance-medley Misadventure per Infortunium or se Defendendo c. except that which is done in the orderly execution of a Judgment it shall be his part as I think to commit him to Prison or at least if the cause will so suffer to joyn with him some other Justice to the bailment of him to the end that the party may be discharged by Arraignment and Tryal wirhout which or other finding of the truth before the Coroners or otherwise I see not how the Justice may safely dismiss him And for this purpose I refer you to 6 Ed. 1. 9. of Glocester and to Coron 288. Infra § 23. Offieer VI. Lamb. 2. cap. 7. pag. 232. Next unto the Justices that condemn is the case of those whom Law alloweth to slay a man and holdeth them unpunishable for it whether it be upon a certain necessity for the advancement of Justice or for the defence of his House or Goods or for the more terrour against Offenders and therefore the Sheriff Bailiff or any other that hath a Warrant to Arrest a man Indicted of Felony may justifie the killing of him if otherwise they cannot take him 22. Ass 55. Crompt 30. And so may any other man that followeth Felons upon the Hue-and-cry raised if they will not yield themselves but stand at defence or fly away by the opinion of Thorp Coron 261 288. And so it is also if a man that is arrested for Felony do as he is in carrying to the Goal make resistance and fly for then those that have the conduction of him may without blame kill if they cannot otherwise recover him Coron 288 328. Peace VII Lamb. 233. ibid. And if a Justice of Peace come to arrest Rioters and they resist whereby one of the Rioters is slain by any of the Justices or their Servants or by any other coming in their aid that is justifiable and allowed by Law because in this and the former cases the killing proceeded upon a necessity for the execution of Justice which otherwise should be left undone Crompt 23 b. § 29. Crompt 30 b. Dalt 238. cap 93. 249. cap. 98. Imprisonm VIII Lamb. 233. ibid. Of like account is it when a Goaler doth slay any of his unruly Prisoners that shall assault him 22 Ass 55. But whether this rule will hold when the Arrest is only for Debt or such-like it is good to be advised Britton 28. Infra § 16. Crompt 26. § 6. Riot IX Lamb. 2. cap. 7. pag. 233. If the Justice of Peace or any other lawfully authorized do assemble any number of men for the suppressing of any persons unlawfully assembled contrary to 1 Mar. 1. St. 2. cap. 12. § N. and be driven to set upon them and thereby any of the Offenders be slain this slaughter is warranted both in the Justices themselves and for every other of their Company by the same Stat. Crompt 23 b. § 28 29. Fresh Suit X. Lamb. 233. If any Forester Parker or Warrener or such as be in their company for their aid after Hue-and-cry made upon Offenders within their charge to yield themselves which nevertheless make resistance or fly do without former malice kill any of them they are neither to be Imprisoned nor to forfeit any thing for it 21 Ed. 1 St. 2. pag. 59. de malefact ' in Parcis Crompt 30 b. 68 b. § 4. Justification XI Lamb. 233 234. So if any do attempt to Rob or Murder any person in his Dwelling-house or in or nigh any common High-way Cart-way Horse-way or Foot-way or feloniously to break into his Dwelling-house in the night-time and in this attempt the party or his Servants then with him do kill any of the mis-doers he or they shall forfeit nothing thereby 24 H. 8. 5. § N. And so in effect was the Common Law before that Statute as may appear 26 Ass 32. Coron 261 305 330. And so also was the Roman Law of the twelve Tables Nocturnus fur quoquo modo Diurnus si se telo defenderit Impunà occiditur c. Infra § 23. Crompt 27 b. § 1 2 3 4 5. Dalt 250 251. cap. 98. Murder XII Lamb. 2. cap. 7. pag. 235. In the old time every killing of one man by another was of the effect called Murder because death ensueth of it For as Postellus noteth of the Hebrew word Moth came the Latine word Mors and thereof the Saxons called it Mord and Morder as we now sound it Crompt 21. § 1. Dalt 237. cap. 93. Afterward about the time of Mr. Bract. Murder was restrained to a secret killing only c. with whom also agreeth Britton But since 14 Ed. 3. 4. § 1. N. 1. by which the Presentment of Englishire was taken away Murder is taken in a middle degree c. wherein it is carefully to be observed that the words of Malice prepensed do make the true difference between this
L. J. B. vulneraverunt c. ac preterea prefat ' A. B. R. W. predict ' Agnetam J. adtunc ibidem a custodia dictorum G. L. J. R. vi Armis rescusserunt atque eandem A. J. adtunc ibidem ad largum ire evadere fecerunt contra Pacem c. Escheator see Officer Estople see Pleading Estreats see Records Justices Amerciament c. Evesdroppers see Coron Evidence see Proof Exaction and Extortion see Fees Example see Coron Examination sees ee Proofe Excommengement see Ordinary Excise see Taxes Ale Execution Process Judgment Justices Restitution Contempt I. Lambert 4. cap. 16. pag. 565 566. Where the Conviction is for trespasses against the Peace Riots and such other Contempts and Offences against the Crown or Statutes for the which no certain fine is appointed there the Judgment is that the party shall be taken to satisfie the King for his Fine and thereupon the capias pro Fine and if the party cannot be found other Judicial Process goeth out till he be outlawed unless it be in a very few Cases where by the words of the Statutes themselves they may proceed to assess the Fine in the absense of the parties without calling them to it by any process as in 5 6. Ed. 6. 25. § 5. N. 3. of Alehouses and in 5 Eliz. 13. § N. of High-wayes But if the party be brought in then he is a Prisoner and then are the Justices of Peace by their discretion to assess the Fine and to Estreat it and to deliver him Forfeiture II. Lambert 566. ibid. For in no Case as I take it can they of themselves levy any Fine or Forfeiture due to the King insomuch as not they but the Sheriff is accountant for all such matters Amerciament III. Lambert 572. 573. And hereby as I think the Estreats of the Justices of the Peace be now an immediate Warrant for the Sheriff to levy not only the Fines and Amerciaments but also all other Issues Penalties Losses Forfeitures and Summs whatsoever arising before them for the words of the Statute 14 Rich. 2. 11. § 1. N. 2. are general the money thereof arising and therefore whatsoever summs are to be Estreated into the Exchequer the same are also to be levyed by the Sheriff Crompton 177. § 30. Boult 2. cap. 22. pag. 70. Estreats IV. Lambert 574. Howbeit I do not on 7 H. 4. 3. § N. think that in our Case this Duty of Estreating is so peculiar to the Clerks of the Peace but that the Justices of the Peace themselves ought also to have a Common and careful eye unto it c. Information V. Lambert 4. cap. 17. pag. 575. Albeit that the Justices of the Peace have this power to make Warrant for levying the Amerciaments Fines and other Forfeitures that grow unto the King by their service yet it is commonly thought that they may not but in some cases only and that by special speech of the Statutes make Execution either for him that will sue or for any other of such part of the forfeiture as the Law doth afford them c. But where they have power either by their Commission or by any Statute to hear and determine any cause at the Suit of a private person I do not see how the Cause can well be said to be fully determined till the Complainant hath had the effect of his suit which cannot be without Execution VII Lambert 576. Doubtless by special provision in 5 6 Ed. 6. 14. § 10. N. 4. against Forestallers Acc. S. Stat. the Justices of the Peace may make Execution of the one Moiety of the Forfeiture for him that sueth by fieri fac ' or capias as the Kings Justices at Westminster use to do the like on 5 Eliz. 12. § 8. N. 2. against Badgers Drovers c. VII Lambert 576. Maintenance For the moiety growing to the Informer upon the Statute of Liverys 8 Ed. 4. 2. § 1. N. 13. they shall make such Execution as ought to be had in Recoveries of Debt or Trespass at his own pleasure VIII Lambert 576. Husbandry They may also award Execution for the party that sueth on the Statute of Flax and Hemp 24 H. 8. 4. § 4. N. 5. by such process as shall seem fit by their discretions IX Lambert 577. Ways And the Estreats made by the Clerk of the Peace of forfeits for defaults of amending High-wayes are a sufficient Warrant to the Constables to levy the same by distress to the use of the Church-wardens of the Parish where the default was toward the amendment of the Highwayes 2 3 Ph. Mar. 8. § N. 5 Eliz. 13. § N. X. Lambert 577. Sheriffs And likewise the Estreats of the Justices of Peace of any Fines assessed by them upon Presentments in the Sheriffs Tourn being inrolled indented and delivered to the Sheriff are a good Warrant unto him to levy the same to the use of him that was Sheriff at the time of such presentments taken 1 Ed. 4. 2. § 1. N. 8. XI Lambert 577. Enquest So may Justices of Peace award Process of Execution for levying the forfeitures upon offenders against 27 Eliz. 7. § 3. N. 1. of Issues lost by Jurors XII Lambert 577. Husbandry So may they in like manner award Execution by Fieri fac ' Capias of two Thirds of the forfeitures the one for the complainant and the other for the Poor by the Statute of Husbandry and Tillage 39 Eliz. 2. § 9. N. 2. as the Justices at Westminster use to do so upon 5 Eliz. 9 § N. of Perjury 5 6 Ed. 6. 4. § N. of striking in the Church c. XIII Crum 140. § 23. A. was bound to the Peace before Justices of the Peace in 1000 l. and each of his Mainpernors in 1000 marks and afterwards A. Bayl. procured one to kill a Stranger and upon this matter found by Verdict against A. a scire facias issued upon the Recognizance and the Recognizor and one of the Mainpernors were taken for the Sum which he acknowledged for the King may take his Election to have Execution of the body or of the Lands and Chattels of the Mainpernor for the said Sum per Curiam 7 H. 4. 105. Extolling Foreign Power see Pope Exportation see Ouster le mere and Merch. Common Fame see Coron Intendment False Imprisonment see Imprisonment False News see Slander False Tokens see Collusion Forgery Farms see Husbandry Fayrs see Market Overt Fasting see Days and Religion Fees Extortion Exaction Enquest I. 9 H. 3. 26 Magn ' Chart ' nothing shall be taken for an Enquest of Life or Member but grant freely and not deny Imprisonment II. 4 Ed. 3. 10. Nothing shall be taken by Sheriffs or Goalers on receit of Felons Lamb. 429. Justices III. 12 Rich. 2. 10. Of Justices of Peace is 4 s. per diem Clerk two Shillings during Sessions
inquirable and determinable at the Quarter Sessions but I leave them to Justices of those Shires in which they have Force Lambert 601. VIII West Symb. 2. part 131. Sect. 208. An Indictment for converting Tillage into Pasture or for Coneys c. 6 H. 8. 5. § N. Pract. Preced 94 95. Essex ss Juratores pro Domino Rege supra Sacramentum suum presentant quod H. W. de A. in Com' E. Gen. primo die Novembr ' Anno Regni c. Seisitus existens in Dominico suo ut de feodo de in 12 acras terrae Arabilis in A. predict ' in Com' E. predict ' jacentibus ac de aut in aliqua libera Warrenna non existent sed per spacium 4 Annorum dict' primum diem Novembr ' An. supradict ' proxime Precedent ' in cultura seminat ' Granorum usitatis applicatis dicto primo die Novembr ' An. supradict ' ac diversis aliis diebus vicibus antea post predict ' 12 acras terrae Arabilis a cultura predict ' sationem Granorum usque ad hunc diem presentem in pastura pro cuniculis custodiend ' convertebat adhuc convertit custodit ad Grave Nocument ' J. R. R. T. W. M. de A. predict ' in Com' E. predict ' vicinorum ibidem existent ' ac contra formam diversorum Statutorum in hujusmodi casu provisorum editorum IX West Symb. 2. part 131. Sect. 209. An Indictment of decaying houses of Husbandry and converting Tillage to Pasture c. 6 H. 8. 5. § N. Crompt 2. 7. b. pl. 85. Pract. Preced 96. Essex ss Inquiratur pro Domino Rege si J. K. nuper de T. in Com' E. Gen ' primo die Octob. An. c. seisitus in Dominico suo ut de feodo de in 8 Messuag ' Agriculturae in T. predict ' in dicto Com' E. in quibus septem seperales Agricolae Angl ' vocat ' Husbandmen adtunc inhabitabant ac de in tricent ' Acris terrae Arabilis in T. predict ' in dicto Com' E. in cultura seminatione Granorum usitat ' aplicat ' adtunc existent ' de quibus triginta acrae ad minus cum quolibet dictorum Messuag ' adtunc seperatim occupat ' usitat ' fuerunt quod predict ' J. K. leges Statuta hujus Regni Angl ' Parvi pendens dicto primo die Octob. Anno c. supradict ' ac diversis aliis diebus ac vicibus antea postea pro proprio lucro singulari commodo suo tres agricolas dictorum septem de tribus de predict ' septem Messuagiis adtunc expulit amovit eadem tria Messuagia absque aliquo Inhabitant ' sive aliquibus Inhabitantibus in eisdem irreparat ' stare in decasum ruinamcadere adtunc deinceps usque diem captionis hujus inquisitionis voluntarie causavit permisit insuper quod predict ' J. K. die Anno supradict ' ac diversis aliis diebus ac vicibus antea postea centum acras predict ' trecentarum acrarum terrae Arabilis jacent ' existent ' in T. predict ' in Com' E. predict ' tum Fossat ' sepibus vicinis inclusit illas abinde a cultura Agriculturae seminatione Granorum usque diem captionis hujus inquisitionis in pastura convertebat custodiebat adhuc convertit custodit in malum pernitiosum exemplum aliorum ac contra form ' diversorum Statutorum in hujusmodi casu edit ' provisi c. Ideot and Infant see Enfant Jesuits see Pope Idleness see Poor Jews see Religion Images see Religion Imbezilment see War Imbraceors see Enquest and Maintenance Imprisonment Habeas Corpus Capias Arrest Process Mittimus Bail Prisons Goals Commitment I. 9 H. 3. 29. Magna Charta No Freeman shall be taken Imprisoned Process or otherwise destroyed but by Lawfull Judgment of Peers or by the Law of the Land Dalt 336. cap. 118. II. Lamb. 2. cap. 2. pag. 90. The Officer ought also to require the party to come and find Surety of the Peace before that he do Arrest him Peace by 5 Ed. 4. 13. and in truth the Common Form of the Precept of the Peace is and if he refuse c. then he shall convey him to the Goal and therefore if he yield to come and to find Surety the Officer may neither absolutely Arrest him nor take any Fee c. and this may be the cause that when one appeareth upon such a Warrant before the Justice of Peace the Justice needeth not to demand Surety of him but may commit him if he do not offer Surety 4 H. 7. 9. Lambert 93. Crompt 171. b. Dalt 335. cap. 118 Process III. Lambert 90 91. If a Bailiff do Arrest a man for the Peace before that he have any Warrant and then afterwards do procure a Warrant for it this nevertheless is unlawfully done c. Crompt 172. Dyer 244. Constable IV. Lambert 132. If a Constable or such other Officer do see a man endeavouring to make an Affray he may command them to avoid upon pain of Imprisonment and if the Affray be great or dangerous he may make Proclamation and may command the parties to Prison for a small time till their heat be passed over and then he must deliver them without any Fine taking Affray V. Lambert 133. If any of the Affrayers be in danger by reason of a hurt received in the Affray then ought the Officer to Arrest and carry the other to the Goal untill he shall find Surety to appear at the Goal Delivery Constable VI. Lambert 133 134. And yet when the Constable hath taken an Affrayer he may not Imprison him in his House but in the Stocks and that not above such a reasonable time as he may provide to convey him to the Goal till he find Surety for the Peace 3 H. 4. 3. 22 Ed. 9. 35. and herein he differeth from a Goaler or the Sheriff who hath the charge of the Goal for he may make a Goal of his Mansion House and so cannot a Constable or Justice of Peace do for by 5 H. 4. 10. § 1. N. 2. the Justice of the Peace must send his Prisoners to the Common Goal and you may read Br. f. 72. that the Sheriff in his Turn used to Inquire of those which made Prisons in their private Houses 3 Cr. 8. 29. Crompt 169. b. Justices VII 3 Cr. 8. 29. pl. 35. Scamage and Tateham Hill 43 Eliz. Rot. 1831. False Imprisonment in London from 10 Septemb. unto 29 Septemb. Defendant Justifies as Mayor and Justice of Peace of P. that Robery was Committed and the Plaintiff suspected and brought before him and because he seemed suspitious he deteyned him in his house during that time c. to examine him and one Pole who was not apprehended c. and after on 29 Septemb. delivered him over to the New
means of any false Token or counterfeit Letter made in the name of any other may be adjudged by them to suffer imprisonment standing on the Pillory or any other Corporal pain that they shall appoint except the pains of death 33 H. 8. 1. § 2. N. 2. CLXXXII Lamb. 565 566. Where the Conviction is for trespasses against the Peace Execution Riots and such other Contempts and Offences against the Commission or Statutes for the which no certain Fine is appointed there the Judgment is that the prrty shall be taken to satisfie the King for his Fine and thereupon the Capias pro fine if the Party cannot be found other judicial Process goeth out till he be Ut-lawed unless it be in a very few Cases where by the words of the Statutes themselves they may proceed to Assess the Fine in the absences of the parties without calling them to it by any Process for so it standeth in 5 6 Ed. 6. 25. § N. of Ale-houses and 5 Eliz. 13. § N. of High-ways But if the party be brought in then is he a Prisoner and then are the Justices of Peace by their discretion to Assess the Fine and to Estreat it and to deliver him CLXXXIII Lamb. 568. If the offence be Finable by general words only Amerciaments without speaking of any Fine or without shewing by whom the Fine shall be Assessed for so it is commonly in the elder Statutes that do prohibit any thing to be done there the Assessment thereof belongeth to the Justices before whom the Conviction is lawfully had CLXXXIV Lamb. 569. Fines This Fine or Pain Awarded by the discretion of the Justices of Peace shall do the more good both to the Prince in profit to the people in Example and to the Justices themselves in Credit if it be pronounced at the Bench openly as it ought to be and not shuffled up in a Chamber or corner secretly as in some places it hath been used to be CLXXXV Lamb. 570. Process But the mitigation where Fines are certain by Statutes c. in my mind is so void of sound Reason that I cannot recommend it to the Justices of Peace but do rather condemn it as a mockery of the Law yea I find that sundry Statutes fearing belike some such thing have specially prevented it Commanding that Justices of Peace shall Assess no less Fine then is in those Statutes themselves before-hand appointed See Poor 537. Qu. 8. CLXXXVI Lamb. 572 573. Fee◠And hereby viz. by 14 R. 2.11 § 1. N. 3. that gives Fees to Eight Justices levyable by Indenture between Sheriff and them as I think the Estreats of the Justices of the Peace be now an immediate Warrant for the Sheriff to levy not only the Fines and Amerciaments but also all other Issues Penalties Losses Forfeitures and Sums whatsoever arising before them such order is taken 33 H. 8.10 § N. of the six weeks Sessions for the levying as well of Fines and Amerciaments as of Pains Losses and Forfeitures of mony So did 2 3 Phil. Mar. 2. § N. of Tillage by way of admittance reherse That Justices of the Peace may make out Process for the levying of Fines and Forfeitures before themselves So doth 31 Eliz. 7. § N. of Cottages appoint And so are the Estreats made for the most part and the Fines and Forfeitures thereby levyed at this present time if I be not deceived Execution CLXXXVII Lamb. 574. Howbeit I do not think that in our Case this duty of Estreating is so peculiar to the Clerk of the Peace but that the Justices of Peace themselves ought also to have a common and careful Eye unto it for it is both specially provided for in the Commission § 16. And also an Article of their Oath to see unto the faithful Entry and Certificate of the Issues Fines Forfeitures and Amerciaments that do happen before them and therefore it were well done in mine opinion if the Justices would by turns or otherwise both take knowledge of things that have passed before them and also take order that the same be Certified accordingly lest otherwise it lye altogether in the Power of the Clerk of the Peace to save or slay as one said the Sparrow that he holdeth closed in his hand Information CXXXVIII Lamb. 575. Albeit that the Justices of the Peace have this power to make Warrant for levying the Amerciaments Fines or other Forfeits that grow unto the King by their Service yet is it commonly thought that they may not but in some Cases only and that by special speech of the Statutes make Execution either for him that will sue or for any other of such part of the Forfeiture as the Law doth afford them Certiorari CXXXIX Lamb. 581. But in Cases where Justices of the Peace have power to receive Indictments and no power to proceed any further upon them there they ought to send up and certifie the Indictments themselves and that of duty as I think without any Certiorari commanding the same because having no Authority to hear and try the Offences the Records thereof shall be unprofitable before them and therefore they can have no just cause to retain them And yet for the more surety it is specially Commanded by 5 Eliz 1. § 3. N. 2. that they shall certifie the Presentments of some offences against that Statute CXC Lamb. 584 585. The General Sessions of the Peace be those which are provided for the General Execution of the Authority of the Justices of Peace Sessions whether you respect the limits of the place within their Commission or the bounds of power proceeding from the Commission and Statutes for at these Sessions as saith Mr. Fitzherbert generally all things ought to be given in Charge that do lye within the Authority of these Justices to be determined These be moreover called the Quarter Sessions because they be holden Quarterly or four times in the year And the Statute 4 H. 7.12 § 1. N. 4. termed them Principal Sessions for that in them chiefly the power of Justices of the Peace doth shine and shew it self in which respect 27 Eliz. 19. § 2. N. 7. And some other Statutes do give the name of open Sessions also Infra 260. Appointment CXCI. Lamb. 585 586. The manner is in some Shires to Summon yearly 6 standing Sessions of the Peace in others 8 in others 12 or 16 and in others otherwise all which is done chiefly upon pretence to ease the Inhabitants of the County for whom it would otherwise be very painful to travel so often and far from all the parts of the Shire to any one place of the same And therefore such as do maintain six or eight Sessions do use to Summon all the whole Shire to a couple of them and to the residue they call only such parts of the Shire as they do there specially appoint But yet so that upon the reckoning each Corner of the Country
23 Eliz. 10. § 5. N. 3. to appear at the the next General Sessions of the Peace to answer thereto Quaere the Statute XXIV Crompt 197. § 18. Peace Justices of Peace upon a Supplicavit of the Peace Directed to them out of the Chancery shall take Surety of the Peace by Recognizance as it seemeth F. N. B. 81. yet he saith Quaere XXV Crompt 197. § 19. Upon a Supplicavit of the Peace to the Sheriff and Justices of Peace it seemed to Danby 9 Ed. 4. 32. that he may take Surety by Recognizance because the Writ is as a Commission to them and F. N. B. 81. accords XXVI Crompt 197. § 21. Justices The Justices of Peace have no Authority to take Recognizance of any to appear at the Sessions to Answer to their default or offence where the Statute doth not give it as it seemeth Quaere XXVII Crompt 197. § 22. Two Justices of the Peace Tythes whereof one is of the Quorum upon complaint by any Competent Judge of Tythes for any Misdemeanor of the Defend in suit for Tythes may cause him to be Attacht and Committed to Ward till he hath found Surety to them by Recognizance or Obligation to the Kings use to obey the Process and Sentence of the same Judge 27. H. 8. 20. § N. XXVIII Crompt 197. § 23. On complaint to two Justices of Peace whereof the one is of the Quorum made by the Ecclesiastical Judge who hath given Judgment of Tythes against another who refuseth to pay them or Sums of Money for him adjudged to be paid the Party so refusing shall be Attacht and committed unto the Goal untill he hath found Surety by Recognizance or otherwise to perform the said Sentence 32 H. 8. 7. XXIX Crompt 197. § 24. Apprentice If a debate ariseth between a Master and his Apprentice for default of conformity in the Master the Justice of Peace may bind the Master to appear before the Justices of Peace at the Sessions 5 Eliz. 4. § N. XXX Crompt 197 b. § 25. Coron A Coroner may take a Recognizance or Obligation of such as give Evidence before him super visum corporis to prove him that killed the party guilty and to bind them to appear before the Justices of Goal-delivery 1 2 Ph. Mar. 13. § 5. N. 2. XXXI Crompt 197 b. § 26. Slander Every Justice of Peace within a Month after the Offence may commit any that is vehemently suspected of speaking or reporting of slanderous News or Tales against our Lord the King that now is if he doth not find Sureties to appear at the next Quarter-Sessions or Goal-delivery there to remain untill he will find Surety ut Supra XXXII Crompt 197 b. § 23. Obligation Where a Statute gives Power to a Justice of Peace to take Bond of any for his Appearance at the Assizes or Sessions or to take Surety of any for any thing it seemeth he may take a Recognizance though it be not so expresly given XXXIII M. 2 H. 7. 1. pl. 2. Peace Br. 11. Certiorari If a Recognizance of the Peace be taken by a Justice of Peace this may be Certified by a Certiorari supra though that the Justice of Peace doth not bring it to the Sessions nor to the Custos Rotulorum And if a supersedeas be retorned to the Sessions and no Recognizance then a Certiorari may be Awarded to the same Justice to certifie the Recognizance yet see 3 H. 7. 3. § 1. N. 4. that the Justice shall forfeit 10. l. if he doth not Certifie the Recognizance to the next Sessions Dyer 265. XXXIV Dalt 173. cap. 70. If the Justice of Peace shall not Certifie such Recognizance taken for the keeping of the Peace at the next Sessions 3 H. 7. 1 § 1. N. 27. limiteth no penalty and yet see Peace Br. 11. that the Justice shall forfeit 10 l. if he do not certifie the Recognizance of the Peace at the next Sessions But Mr. Brook there mentioneth 3 H. 7. 3. § 1 N. 4. which was only for Bailment of Prisoners and certifying the same and so seemeth to mistake the Statute F. N. B. 251. F. Crompt 169 a. 167 b. Release XXXV Dalt 173. 174. cap. 70. If he which demanded the Peace shall Release the Peace before the said next Sessions then it may seem though the Justice of Peace shall not Certifie the Recognizance that the Statute 3 H. 7. 1. § 1. N. 26. is not Transgressed or offended for it hath been holden Crompt 169. in Certiorari 62. N. 2. that the Party shall not be called in such Case upon his Recognizance yet Quaere inde and see Dalt 175 176 cap. 71. 2. But howsoever it is better to Certifie the Recognizance for peradventure it was forfeited before the Release made Supra Appearance XXXVI Dalt 174. 175. cap. 71. If the Justice of Peace shall not Certifie the Recognizance to the Sessions yet the Party ought to appear and to Record his Appearance c. as 18 Ed 4. 18. 2. If the Party that is bound to appear be so sick that he cannot appear nor by any means travel at the day yet it seemeth his Recognizance in strictness of Law is forfeit c. yet in this Case upon due proof of such his sickness I have known the Justices of Peace in their Discretion have forborn to Certifie or Record such forfeiture or default and that they have taken Sureties for the Peace of some Friends of his present in Court until the next Sessions But Quaere how far this is Warrantable by their Oath Besides the Party so bound might by Certiorari Dalt 70. Cap. 69. and Crompt 81 b. have removed his Recognizance into the Chancery or B. R. before the Day of his Appearance and then he should not have needed to appear at the Sessions for that the Justices there should have no Record whereupon to call him Bar. sem 3. If the Husband be bound that he and his Wife shall appear at such a Sessions and that they shall keep the Peace in the mean time c. and at the day the Husband doth appear but not his Wife here Crompt 144 b. saith the Recognizance is not forfeit c. yet Quaere and see 8 Ed. 2. Forfeiture 17. Religion XXXVII 1 Ed. 6. 1 § 2. N. 2. And three Justices of Peace at the least Quorum unus shall have Power and Authority by their Discretions to bind by Recognizance to be taken before them as well the said Accusers as all such other Persons whom the said Accusers shall declare to have Knowledge of the Offences viz. of depraving the Sacrament c. by them Presented and Informed every of them in Five pounds to the King to appear before the said Justices of Peace before whom the Offender or Offenders shall be Tryed at the day of Tryal and deliverance of such Offenders Records see Justices Recusants see Pope Reconciliation see Pope
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