the form of the Statutes in that case provided And therefore I the aforesaid W S. the said I D. E F. G H. did then there arrest and cause to be sent to the next Gaol of his said Majesty for the said County within the Castle of Gloucest as convict of the said forcible detaining by mine own view and record there to abide till he shall make Fine to his said Majesty for his offences aforesaid Dated at Dale aforesaid under my Seal the day and year aforesaid The Record of a Riot upon the view of the Justices 2 Glouc. ss Memor That the first day of March we W S. and K L. Esquires two of the Justices of our Soveraign Lord the King now assigned to keep the Peace in the County of Gloucest at the complaint of I S. of W. in the County aforesaid Yeoman in our proper persons came to the dwelling house of the said I S. at W. aforesaid and there we found certain persons A B. c. and other evil doers and disturbers of the Peace of our Lord the King to the number of eighty persons in a warlike manner arrayed to wit with Swords Staves Bows and Arrows riotously and unlawfully gathered together and the same house so keeping to the great disturbance of the Peace of our said Lord the King and the terrour of his People and against the form of the Statutes in that case provided And therefore wee the said Justices of the Peace the bodies of the said A B. c. did then arrest and to the next Gaol of our Lord the King did then cause them to be carried by our Record of the Trespass aforesaid convict in our presence there to abide till they shall make their Fine to our said Lord the King for their trespass afore said In testimony whereof wâ— have put our Seals to this Record Dated at W. aforesaid the day and year aforesaid The form of the Mittimus to the Gaol W S. one of the Justices of the Peace of ouâ— Lord the King within his said County of Gloucest 3 Glouc. ss To the Keepers of his Highness Gaol within the Castle of Glouc. within the same County and to his Deputy there Complaint being made to me this present first day of May of a forcible and riotous detainer of a House made by K L. c. and M N. of c. the which having viewed I find to be true against the Peace of our said Lord the King and the Statutes in that case provided Therefore I send you by the bringers hereof the bodies of the said K L. and M N. convicted of the said forcible holding or Riot by mine own view testimony and record commanding you in his Majesties Name them to receive and safely keep in your said Goal until such time as they shall make their Fines to our said Lord the King for the said trespasses and shall be thence delivered by order of the Law of the Land at your peril Given at W. aforesaid under my Seal the day and year aforesaid The Precept to the Sheriff to return a Jury 4 Glouc. ss W S. c. To the Sheriff of the said County of Glouc. I command you that you make to come before me at c. time and place twenty four honest sufficient and lawfull men of the neighbourhood of W. within this County whereof every one shall have forty shillings of Lands Tenements and Rents by the year at least above reptises or to enquire if A B. c. and other malefactors and disturbers of the Peace of our Lord the King in one Messuage and twenty acres of Land of C D. of c. with a strong hand upon the possession of the said C D. did enter or the same with force do yet hold and occupy to require upon their Oaths for our said Lord the King of a certain entry or detainer made with strong hand in the Messuage or dwelling House of A B. at W. aforesaid against the form of the Statutes in that case provided And you are to see that you return upon every one of the Jurors by you to be impannelled twenty shilling of issues at the same day of return And hereof you are not to fail under pain of twenty pounds which you know you are to bear if you be negligent in the premises Witness me the said W S. the first day of c. The Verdict of the Jurors 5 Glouc. ss An inquisition for our Lord the King taken at Dale in the County of Gloucest the first day of May by the Oaths of A B. C D. good and â—awfull men of the County before W S. one of â—he Justices of our said Lord the King to keep the Peace in the said County assigned and to hear and determine divers Felonies Trespasses and other evil deeds committed in the same County who say upon their Oaths that C L. of c. Yeoman was lawfully and peaceably seised in his demesne as of Fee of and in one Messuage c. with the appurtenances in Dale aforesaid and his possession and seisin aforesaid so continued until A B. c. and other unknown persons the first day of May by Force and Arms to wit with Swords and Staves Bows and Arrows into the said Messuage entred and the said C D. thereof disseised and with a strong hand him expelled and him the said C D. so disseised and expulsed from the said Messuage c. from the aforesaid first day of May until the day of the taking of this inquisition with the same strength and armed power have hitherto kept out and yet doth keep out to the great disturbance of the Peace of our said Lord the King and against the form of the Statutes in that case made and provided whereas none of them nor any other whose state they or any of them had or have or any thing in any parcel thereof had or have within three years last before his said Entry nor at any time before to the knowledge of the said Jurors Warrant for Restitution 6 Glouc. ss W S. c. To the Sheriff of the said County Greeting Whereas by a certain inquisition of the Countrey taken before me at Dale in the County aforesaid the day of c. upon the Oath of A B. C D. c. and according to the form of the Statute in that case of forcible entry provided It was found that A B. c. and others c. as it is in the Inquisition under those words in that case provided as by the said inquisition doth more fully appear of Record Therefore on the part of our said Lord the King I command and require you that you all together with the power of the County if need require go to the said Messuage and other the premises and the same with the appurtenances do cause to be resâ—ised and the said C D. to and in his full possession there of as he was in before the same Entry you cause
this Cabinet and Fitz. Nat. Brev. 242 c. Or the Justice of Peace may deliver the same into the Kings Bench without Certiorari he being a Judge of Record Of a Record or a Certiorari It may be done on the back of the Writ thus I W S. c. one of the Justices of the Peace of our Lord the King in the County of Gloucest The tenor of the security of the Peace of which there is mention in this Writ or whereof there is mention herein to our said Lord the King into his Chancery under my Seal distinctly and openly do send as appeareth in the Schedule to this Writ annexed Then write the Recognisance verbatim Md. that the first day of May c. came before me c. in witness whereof I the said W S. have put to my Seal Dated c. And let him set his Seal and then file all this to the back of the Cerciorare Write upon the back of the Supplicavit thus The execution of this Writ appeareth in the Schedule to the Writ annexed And put his name to it A Binding by Supplicavit Then the Schedule may be thus and filed to the back of the Writ I W S. c. certifie in the Chancery to our Lord the King That I by vertue of this Writ to me first delivered by A B. in the Writ named caused to come before me the first day of May T R. in the same Writ named and have compelled him to find sufficient security and manucaptors according to the form of the said Writ as the Writ doth appoint In witness whereof I have put my Seal to this present Certificate Dated at C. aforesaid in the County aforesaid the said first day of May. And herewith the Justice may if he will send the Recognisance or he may keep it till it be sent for by Certiorari For Swearing For Swearing I W S. Esquire one of the Justices c. do certifie to the Clerk of the Peace for the County of Glouc. that the persons whose names are hereunto subscribed were since the last Quarter Sessions convicted before me for swearing one profane oath a piece Given under my Hand and Seal this c. By these forms you may the better see how to make other Certificates The Certificate of a Riot see Dalt Just of P. Chap. 130. CHAP. XXVI Indictments of Treason of several sorts and the nature of the Judgements thereupon For counterfeiting a Protection and putting to it the Great Seal taken from other old Letters Patents Juratores c. Praesentanâ— quod A B. nuper de C. in Com. H. Husbandman D E. praedict Yeoman machinantes quomodo populum Domini Regis nunc subtilissime possent decipere vel defraudare Dominum Regem de his quae ad ipsum Regem pertinent Regalia sua ut de feodi Magni Sigilli hujusmodi exhaeredare veram Legem Angliae à toto tempore usitatam approbatam subvertere adnullare 10o. die Janu. Anno c. apud R. in Com. S. deceptive falsâ— proditoriè quasdam falsas Literas Patentes ad similitudinem scrip Cancellar Domini Regis contrefect quasi essent Literae Patentes de protectione ipsius Regis sub nomine J C. Clerici Hanaperii Domini Regis ac unius Clericorum Cancellariae praedictae script hunc tenorem continent viz. C. Dei gratia c. reciting the Letters Patents verbatim Ae cum idem A B. D E. dictas falsas Literas Patentes sic ut praemitt contrafecissent non habentes Magnum Sigillum Domini Regis deceptivè falsò proditoriè machinant qualiter ipsi falsas fictas Literas Patentes hujusmodi subtilius possent sigillare Magnum Sigillum Domini Regis contrafacere dicto 10o. die Janu. Anno supradict apud H. in Com. praedict quoddam Magnum Sigillum Domini Regis super quasdam Literas Patentes ipsius Domini Regis praeantea pend debite impositum acceperunt assumentes sibi Regiam potestatem ipsum Regem regali sua authoritate quantum in eis fuit privant adtunc ibidem cum quodam cultello arripuerunt illud dictis falsis fictis contrafactis Literis Patentibus deceptivè proditoriè apposuerunt annexerunt easdem literas sigillaver sigill ill subtiliter recludendâ— quasi sic non fecissent sic Magnum Sigillum Dom. Regis adtunc ibidem proditoriè contrafecer cum praemissa sic fecissent dictas falsas contrafactas Literas Patentes ut praedicitur sigillat 7o. die Martii Anno c. apud Villam de N. in Com. M. ac in diversis aliis locis ejusdem Com. tanquam Literas Patentes ipsius Domini Regis de protect deceptivè falsò proditoriè publicaverunt diversas pecuniar summas de diversis ligeis Domini Regis receperunt colore dictarum falsarum fictarum contrafact Literarum Patent in deceptionem Domini Regis ac populi sui praejudicium exhaeredationem dicti Domini Regis manifestam contra pacem ejusdem Domini Regis Coronam Dignitatem suas ac contra formam Statut. in hujusmodi casu edit provisi Judgement to be drawn and hanged for a man and for a woman to be burned An Indictment for clipping of Gold and Silver and uttering the same Juratores c. quod E B. de Civitat Lincoln Pedlar die anno c. ac diversis diebus antea postea apud Civitat praedict 40 pec auri vocat P. ac 400 pecias argenti voc Groats bonae legalis monetae Angliae cunagii dict Domini Reg. pro lucri causa falso felon proditoriè totondit filavit iâ—a quod per tonsionem filationem illas quaelibet pecia auri inde de 12 d. in suo debito pondere diminuebatur quaelibet argenti inde de unâ— obulo in debito suo pondere diminuebatur monet ill in forma praedict tonsam filat diversis li geis dict Dom. Regis apud Civitat praedict in Com. praedict falsò felon proditoriè exposuit utteravit contra formam Statut. c. ac contra Pacem c. Judgement ut supra For a Jesuite and his Receiver High Treason in the Jesuite and Felony in the Receiver without Clergy Inquiratur pro Domino Rege Si A B. nuper de C. in Gomitatu praedicto Clericus natus apud D. in Comitatu praedicto atque infra annum jam proxime praeteritum factus profâ—ssus Jesuita per authoritatem à Sede Romana derivatam proditoriè apud D. praedict in Comitatu praedict septimo die Apr. anno Regni dicti Domini nostri Caroli Dei gratia Angliae Scotiae Franciae Hiberniae Regis fidei defensoris c. duodecimo à partibus transmarinis applicuit dicto septimo die anno supradicto nonnulliis aliis diebus tunc proximè sequentibus apud D. praedict in Comitatu praedict proditoriè moram
S. Esquire c. to the Constable of Dale Whereas c. 6. The Warrant may be directed to any Officer as the Sheriff his Bayliffs Constables Tything-men or to others that are no Officers thus To the Sheriff of the County of G. or to the Bayliff Itinerant of the County of G. or to the Bayliff of the hundred of R. or to the Constable of the hundred of R. in the County of G. or to the Constable of the Town or Village of Dale or to the Tything-man of Dale as the Officer there is called if it can be known Otherwise the best way is to direct it to all the Constables and Tything-men of Dale within the County of G. and every of them Or it may be directed to all these Officers together to the Sheriff and to all Bayliffs High-constables of Hundreds and Constables and Tything-men of Towns and Parishes within the County of G. and every of them jointly and severally Or it may be directed to these Officers and to others that are no Officers together Or to them that are no Officers alone thus To I S. and W S. both of Dale in the County of Glouc. and to either of them But this must be understood of Warrants of the Peace good Behaviour and such like Warrants wherein the Justice of the Peace is left at liberty to direct his Warrant to whom he will For if the Law doth direct him to whom he must send his Warrant as divers Acts of Parliament do some of them appointing him to direct his Warrant to the Constables some to the Constables and Churchwardens some to the Churchwardens some to the Constables or Churchwardens some to the Churchwardens and Overseers of the Poor He in these cases that makes the Warrant must take great care that he do pursue the direction of the Statute punctually for it is dangerous to vary from it ever so little And therefore the Title set down in the Presidents for the Warrants must be followed and not altered And when the Title of direction is to more then one there it is good to add these words And to every of them and to say in the body of the Warrant These are to authorize and require you and every of you But the best way is to direct it to the common and known Officer which is the High-Constable of the Hundred or Constable of the Town in all cases where it is left to the Justice of Peace to direct it to whom he please 7. The word greeting To I S. c. Greeting used in Warrants may be left out so may these words of Addition To the Justices of our Lord the King assigned to keep the Peace and to hear and determine Felonies c. and it is enough to say Justices of the Peace of or within the County of Gloucester 8. It is not amiss to say the place wherein the Officer dwels to whom the Warrant is directed is within the County To the Constable of Dale within the County of Gloucester And so of other places named within the Warrant to say they are within the same County 9. It is not amiss if the Warrant recite a Conviction of an offence to let it express where the offence was done thus I S. being convict before me that he was drunk at Dale in this County because in many cases the forfeiture is given to the poor of the place where the offence is done 10. It is good also now to express the time when the offence was committed thus I S. being duly convict before me that he was drunk at Dale in this County the first day of May last or within three moneths last past or since the first of May last past that it may appear the offence was done since the general Pardon and in some cases this is if not necessary yet very convenient when the offence is by the Law to be punished within a certain time or not at all there it is good to say that the offence was done within that time 11. It is good also to express the place of the making of the Warrant and it must be some place within the County thus Dated at Dale given under my Hand and Seal at Dale in the same County But if it say it was dated at one place and be dated at another place yet the Warrant is good and it shall be taken to be dated where the Warrant doth say it was dated 12. The day and year also being the time of the making of the same Warrant must be expressed in the Warrant 13. The Warrant being a Warrant of Arrest may be to require the Officer to bring the offender before the Justice that makes the Warrant or before him or some other Justice of the County and either of these forms is good but the best form is to require the Officer to bring him before the Justice of Peace himself that made the Warrant 14. In every Warrant for the Peace or good Behaviour where Sureties are to be found or required the Warrant ought to contain the special cause or matter to the intent that the party arrested may be provided with Sureties But if it be for some great crime the cause may be concealed 15. In every Warrant to command an Officer to carry a man to Goal it is not amiss to insert a clause at the end of the Warrant to command the Gaoler to receive him to this purpose That you him convey to the common Gaol of this County and him deliver to the Gaoler or his Deputy there who are hereby required him to receive and detain in their custody as a Prisoner until he shall be from thence delivered by a due course of Law 16. There is a necessity in it that the Justice of Peace do subscribe his name to his Warrant But that he should put to his Seal in every case is not needfull for in a Warrant of the Peace or good Behaviour it is not needfull nor where an Act of Parliament saith That the Justice by Warrant or by Warrant under his hand may do such a thing But if the Law say He may or shall do it by Warrant under his Hand and Seal there the Warrant must be under his Hand and Seal or it is not good And therefore heed must be given to our Presidents herein where we say Given under our Hands and Seals and in those cases the Justice must put his Hand and Seal to the Warrant or it is not well done And for this cause we do advise the Justice to put his Seal to every Warrant 17. There is little difference between a Warrant of Commitment and a Mittimus for both are to do one thing and they differ a little onely in the form It will be easie therefore to make one of them by the other 18. It is usual to grant Warrants against offenders upon penal Laws to bind them over to Sessions before they be indicted of the offence in cases where there is no special
Given under my Hand c. To the Constables as in the last 4 Glouc. ss W S. c. It being duly proved before me that I S. of your Parish did the first day of May last being the Lords day at Dale aforesaid without reasonable cause carry burthens viz. a busheâ— One of these is enough of Wheat to a Mill there or do worldly labour and work viz. drive his Cattel from one grounâ— to another half a mile distant contrary to the Act of Parliament in that case provided By which he hath forfeited five shillings to the use of c. as it is in the last word by word Given under my Hand and Seal c. We give you no Presidents here to levie the forfeitures upon them that serve Process use Coaches or Boats that come in late Saturday night or gâ— out early on a Munday morning nor against then that are singing dancing or tipling in an Ale-house or Miller grinding on this day nor againâ—â— the Officers that neglect to punish them becausâ— we conceive none can be granted against them tilâ— they be convicted which cannot be but by Indictment 5 Glouc. ss W S. and I S. two c. To all the Constables Churchwardens and Overseers of the Poâ— of the Parish of Newent in the County of Glouc Information and Complaint being given in and made unto us That the Prosanation of the Lordâ— day is very much and frequently practised within your Parish by the disorderly meetings of young people by gaming sports and pastimes drinking tipling and by other means contrary to the Laws in that case provided and that you are negligent in the duties laid upon you by the same Laws These are therefore straitly to charge you henceforth to look to it that no such disorders be hereafter among you but that you forbid the same and that you do from time to time acccording to the duty of your places make diligent search for the finding out apprehending and punishing of all them that shall be found offenders herein And that you do inform us hereof as occasion shall be And that you or some one of you appear before the Justices of the Peace at the house of c. upon to bring in the names in writing of those persons who shall in the mean time offend in the premises Letting you to know that if you fail hereof we shall not fail to inflict the punishment appointed by the same Laws upon you for your neglect therein Given under our Hands at the Castle of Gloucest this 21 day of c. CHAP. IV. About Felony To all Constables and Tythingmen within the County of Gloucest 1 Glouc. ss To search for a Felon W S. c. Whereas information hath been given to me that there hath been ten Sheep lately taken away from I S. of D. in this County the which he doth suspect to be stollen and the Felon is suspected to lie hid in some one of the places or Parishes adjacent These are therefore to require you and every of you forthwith to make diligent search in all suspected places with in your Parishes for the said Felon And in case you shall find the Felon or any of the same sheep or shall find any other just cause to suspect any person whatsoever of the same Felony thaâ— you cause the same sheep to be secured and the said Felon to be apprehended and brought before me or some other Justice of the Peace of the said County to be examined concerning the premises And that you warn the said I S. to be and that you your self be also before the same Justice at the time of his examination Given under my Hand this c. To the Constable of Dale within this County 2 Glouc. ss Whereas complaint hath been made to me by N O. that of late he hath had feloniously taken from him certain goods or six Oxen or a gray Mare c. as the case is and that he hath in suspition Another of the same divers and evil disposed persons within your Parish of Dale These are to require you that immediately upon sight hereof you make diligent search in all and every such suspected houses and places within your Parish as you and the said N O. shall think convenient And if upon your search you find any of the said goods in the hand of any person or shall have any other just cause of suspicion of any person that then you bring such suspected person before me or some other c. to answer the premises And hereof c. Observations on these Warrants Some have disliked these Warrants and upon some good reasons also for it is a Rule that no man can arrest for Felony upon the suspicion of another but upon his own suspicion And some unhappy use is oft-times made of these Warrants and honest men abused by them But we conceive that common usage hath made these Warrants justifiable at this day and that the same Justice of Peace upon information may take up the suspicion and proceed upon his own suspicion To the Constable of Dale within this County 3 Glouc. ss Information being given to me upon the Oath of I S. that he hath of late two sheep feloniously taken from him and that he hath in suspicion one To apprehend a Felon T K. of your Town Tailor These are to require you presently upon receipt hereof to apprehend the said T K. and thereupon to bring him before me to answer to the premises And hereof c. Observatians upon this Warrant This Warrant hath been also excepted against but we conceive at this day there is no cause to doubt of it And that Warrants may be granted by a Justice to attach persons suspected of Felony before they be indicted for it But upon an indictment of Felony without question any Justice of Peace may arrest the party indicted by such a Warrant as this which followeth To all Constables as at the first 4 Glouc. ss W S. c. These are to will and require you presently upon receipt hereof to attach the body of A B. who stands indicted for a Felony by an Indictment taken at the last general Quarter Sessions of the Peace for the County of Glouc. And him to bring before me or some other Justice of the Peace of this County to be dealt with according to the Law Or thus And him to carry to the common Gaol within the Castle of Glouc. there to be kept until he be delivered by due course of Law It may be made both these ways And hereof c. 5 Glouc. ss W S. c. To the Constables of c. These are to require you upon sight hereof to warn to To bind men to give in evidence against a Felon be before me or some other Justice of Peace of this County within three days next following the persons undernamed to the end that they may be bound before him to make their
personal appearance at the next general Gaol delivery or Quarter Sessions to be holden for this County then and there to testifie their knowledge concerning a Felony supposed to be done by A B. now a Prisoner in the Castle of G. And that you do then go with them to the same Justice with this Warrant And hereof c. Or thus W S. c. You are hereby required forthwith to warn the persons undernamed of your Parish to be before me at my dwelling house in D. upon Monday next by nine a clock in the morning to testifie their knowledge concerning certain felonious acts supposed to be done by A B. and C D. of c. And that your self be then there with this Warrant to shew how you have executed it And hereof c. Observations here We have seen a President in this form for this purpose That you cause to come before me the persons undernamed to â—estifie c. which we cannot but disallow for it's ambiguity For how shall he cause him to come Besides the word seems to import that he shall bring him in the nature of a prisoner which is not lawfull to do in this case To all Constables and other his Majesties Officers as well within the County of Gloucest as elsewhere in the Kingdome of England 6 Glouc. ss To command hue and cry W S. c. Whereas complaint hath been made unto me by L M. of c. Husbandman That upon Tuesday at night last being the tenth day of this instant November he was robbed of certain Linnen taken out of his house with some other things and that he hath manifest cause of suspicion of one N K. a lewd rogue here describe his personage and apparel These are therefore to require you and every of you to make search within your several Precincts for the said N K. and also to make Hue and Cry after him from Town to Town and from County to County and that as well by Horsemen as Footmen And if you shall find him the said N K. that then you carry him before some one of the Justices of the Peace within the County where he shall be taken by him to be dealt withal according to Law c. And hereof c. To all Constables and Tythingmen of the Parishes and Tythings within the County of Gloucest and every of them c. 7 Glouc. ss To apprehend one that hath dangerously hurt another W S. c. Forasmuch as I am credibly informed that I B. of your Town Blacksmith hath now lately dangerously hurt one T G. of your said Town Husbandman by a blow which he hath given the said T G. on the face and another on the back so as the said T G. is in dangeâ— of death thereby These are therefore straitly to charge and command you that immediately upon the sight hereof you or one of you do bring the said I B. before me or some other of his Majesties Justices of the Peace of this County to find sufficient sureties as well for his appearance before the Justices at the next Gaol-delivery to be holden for this County then and there to answer unto the premises and to do and receive therefore that which by the Court shall be enjoyned him as also that he the said I B. shall in the mean time keep the Peace towards our Soveraign Lord the King and all his Liege people but especially towards the said T G. And hereof fail you not at your peril Dated c. In some cases where any Statute doth give power to the Justices of Peace out of their Sessions to hear and determine either upon the confession of the offenders or upon examination of witnesses in all such cases it seemeth the Justices of Peace may grant out their Warrants against such offenders to appear before them to answer to their offences and thereupon may proceed to examine hear and determine the offence as being convict thereof upon such confession or examination without any indictment or process But where process are requisite they may be as followeth First if the offender be absent a Venire facias shall be awarded by the Justice or Justices of Peace under his or their own Tests and if thereupon the offender be returned sufficient and maketh default then a Distringas must be awarded which Distringas shall go forth infinite till the offender come in But if a Nihil habet c. be at the first returned then after the Venire facias first a Capias then an alias and after a pluries shall issue and after that an Exigent till the party be taken or yield himself or else be outlawed And these are the ordinary Process upon all Indictments of Trespass against the Peace or of other offences against penal Statutes not being Felonies or greater But these several Processes are usually grounded upon an Indictment to cause the offender to come in and to make his answer and therefore if he be present and confess such indictment information or offence then needeth no process for he must be committed to prison until he hath paid his Fine or given Sureties for it And these Process must be directed to the Sheriff except he be party and if so to the Coroners of the County and must be in the Kings Name and with a Non omittas but the Teste thereof may be under the Name of the Justice of Peace The form of these Process out of Sessions you may see in the Treatises of Justices of Peace at large Nevertheless all such process as well of Capias c. as of Outlary may be stayed by a Supersedeas issuing from other Justices of Peace out of Sessions testifying that the party hath come before them and hath found Sureties for his appearance to answer to the Indictment or to pay his Fine c. CHAP. V. About a Riot and forcible Entry The Record of a force found by the Justices own view 1 Glouc. ss MEmorand That the first day of March I S. complained to me W S. one of the Justices of Peace of our Soveraign Lord the King for the County of Gloucest that I D. of S. in the said County Yeoman and divers others unknown persons troublers of the Peace of the Kingdome the first day of May into the dwelling house of the said I S. in Dale in the said County with strong hand did enter and him the said I S. thereof disseised and the same house with strong hand and armed power doth yet detain and hold and therefore desired of me relief on this behalf to be yielded Whereupon I the said W S. immediately in person came to the said dwelling house to view the same And in the same house I then found the said I D. E F. of c. and G H. c. the same house with force and arms a strong hand and armed power to wit with Bows and Arrows Swords and Daggers Guns and other Arms defensive and offensive holding against
have that are fit to be placed Apprentices and the names of such men of worth within their Parishes respectively that they think fit to make Masters for such poor children to the end that we may then and there take a course to ease them by binding them to such Masters And the said Churchwardens and Overseers are hereby required to take notice hereof by your Warrant and to see they do attend us in the execution of the contents thereof And you also the said High Constable are to bring with you to us then and there another Note in writing of all such persons within your Hundred as you know or judge fit to make or take such kind of Apprentices And hereof you are not to fail c. Name all the Overseers and Church-wardens Indenture to bind a poor child Apprentice This Indenture made the day of c. witnesseth That A B. and C D. c. Overseers of the Poor in the Town of D. in the County of O. and E F. and G H. Churchwardens of the same Town by and with consent of W S. and I S. Esquires two of the Justices of the Peace for the County of Glouc. have by these presents put placed and bound I H. being a poor fatherless and motherless child or the child of W H. a poor man as an Apprentice with R S. of c. Baker and as an Apprentice with him the said R S. to dwell from the day of the date of these presents until the said I H. shall come to the age of four and twenty years and if it be a woman then it must be Until her age of twenty one years or day of marriage which shall first happen according to the Statute in that behalf provided By and during all which time the said I H. the said R S. his Master shall faithfully and obediently serve and in all things behave himself honestly and orderly as doth become such a servant And the said R S. for his part promiseth That he the said R S. during the said time the said I H. in the craft and occupation the which he useth after the best manner he can or may shall teach and inform and to him shall find meat drink and apparel and all other things necessary and meet for an Apprentice of his condition c. In witness c. 12 Glou. ss W S. and I S. Esquires two of the Justices c. To the Constables c. Information being given to us upon Oath that I S. of c. a poor child being by the Churchwardens and Overseers of the Poor of Dale in this County and two of the Justices of the Peace of the County bound Apprentice to L M. according to the Statute in that case provided and that he doth refuse to take him These are therefore to authorize and require you to apprehend him the said L M. and bring him before some Justice of the Peace of this County to enter into Bond to appear at the next general Gaol-delivery or at the next Quarter Sessions to be held for the County of Glouc. to answer his contempt And in case he refuse so to do that then ye do him carry and convey to the common Gaol of the County of Glouc. there to remain till he shall so do And hereof c. See more in Warrants to bring in and bind over Chap. 18. All these Warrants in this Chapter are grounded upon 43 Eliz. 2. 13 Glou. ss Information being given unto us that I S. a poor child of W S. of your Parish of D. being placed an Apprentice with K L. by the Church-wardens Overseers of the Poor and Justices of the Peace that the said W S. will not suffer him to serve with his Master but doth entice him from his service These are therefore to require and authorize you to apprehend the said W S. and him to carry to the common Bridewel within the Castle of Glouc. until he do conform to the order of the Churchwardens and Overseers of the Poor and Justices of the Peace herein And hereof c. CHAP. VII About the Peace and good Behaviour 1 Glouc. ss For the Peace VV S. Esquire one of the Justices c. To all Constables and Tythingmen within the County of G. and especially to the Constable of Dale in the same County For as much as I S. of D. aforesaid hath taken his Oath before me that M O. of the Parish of D. aforesaid hath assaulted and beateâ— the said I S. and further hath threatned him or thus onely hath taken his Oath before me that M O. of c. hath threatned him in such sort that he is afraid that the said M O. will beat wound or kill him or do him some other bodily hurt or burn his house And thereupon the said I S. hath prayed security of the Peace to be granted against the said M O. These are therefore to authorize and require you and every of you that immediately upon sight hereof you cause him the said M O. to come and in case of his refusal to bring him before me or some other Justice of the Peace of this County to find sufficient Sureties as well for his personal appearance at the next General Sessions of the Peace to be holden for this County as also for the keeping of the Peace towards our Soveraign Lord the King and all his good People especially towards the said I S. And if he shall refuse so to do that you carry him to the common Gaol of the County of Glouc. and deliver him to the Keeper thereof who is hereby commanded him to receive and keep a Prisoner until he become bound as aforesaid And hereof fail not c. Some say that this Warrant may be granted against any man that hath broken the Peace but I cannot consent to iâ— unless the Peace be broken in the presence of a Justice of Peace But upon Oath it is grantable always 2 Glouc. ss For the good Behaviour W S. c. To all c. as in the last It appearing to me by the proofs of credible and substantial witnesses against I S. and M S. both of your Parish of Dale that they are people of ill name and fame and of very lewd lives and conversations Either of these are sufficient or are common Barreters or are common Rioters or common Breakers of the Peace or common Ale-house-haunters or common Drunkards or common Swearers or common Wood-stealers or do keep a common Stews or Bawdie-house or common Hedge-breakers or common Tale-bearers or common Slanderers or common libellers or common Whoremongers or common Whores or common sowers of discord and makers of strife amongst their Neighbours or common Night-walkers or common Cheaters or common companions of Theeves or common Messengers for Theeves or common Pilferers or commonly suspected to be Theeves or do commonly practise Poysoning or common Evesdroppers or common Night-walkers or are commonly suspected of
my Seal Dated at c. The like proceedings may be made into the Kings Bench if it issue thence mutatis mutandis but the Justice â—eed not return it nor make a Certificate till a Certiorari come CHAP. VIII About Witnesses Glouc. ss To call witnesses VV S. c. To the Constables of Dale You are hereby required forthwitâ— to warn I S. of your Parish to come before me on Monday by 9 a clock in the morâ—ing to testifie his knowledge on the behalf of the Kings Majesty And not to fail c. Another of the same You whose names are subscribed are hereby required to appear before me c. to gâ—ve in evidence on the behalf of the Kings Majesty And not to fail c. To the Constables of Dale For as much as I S. of your Town Yeomaâ— is thought to be a fit and necessary Witness to â—â— Or thus examined on the behalf of the Kings Majesty These are to command you that you do forthwith warn him personally to appear before the Justices of the Peace at the next Sessions of thâ— Peace tâ— be holden for this County then and there to testifie his knowledge on the behalf of his said Majesty to and upon such matters as he shall be then and there examined of And hereof c. CHAP. IX About Watch and Ward Glouc. ss VV S. and I S. two of the Justices c. To the High Constable of the Hundred of W. and all the Petit Constables within the same Hundred Information being given to us that very many suspicious persons do wander about the County without controlment or question For the preventing therefore of this in time to come It is by us ordered and you are hereby all of you straitly charged to look to your Offices herein and to see that you keep a carefull and strong Watch by night and Ward by day from Sun to Sun in all the Parishes and places within your Hundred by able and well armed men and to charge them that they do pose all men and arrest vagrants and persons that are suspicious and bring them to a Justice of Peace to be examined and dealt with according to the Law And all persons whatsoever are by us hereby commanded to be aiding assisting and obedient to you herein under pain of contempt And you the said Officers are to present to us the default of the refusers and them that are otherwise And you the said High Constable are to give notice hereof and a strict charge herein to your Petit Constables as you will answer the contrary Given under our Hands c. It being proved to me by I K. of the Parish of D. that the first of May c. he the said I K. being then the Constable of Dale commanded I S. c. aforesaid to keep watch with the inhabitants of the Town of Dale from Sun-setting of that day till Sun-rising of the next day but he refused and denied so to do and made default therein by which the watch at that time was not kept c. These are c. To bind him to the good Behaviour CHAP. X. About Ale-houses Ale-house-keepers Drunkards c. To all Officers whatsoever 1 Glouc. ss A license to keep an Ale-house VVE the Justices of Peace and Quorum for the County of Glouc. do license and authorize I S. of Dale in the said County to keep a common Ale-house or Tipling-house and to use common selling of Ale Beer This is grounded upon 5 and 6 of Ed. 6. 25. oâ— Cider in the said Town of D. according to the form of the Statute in that case provided under the Orders and Articles hereunto subscribed for one year onely next after the date hereof Witness our Hands and Seals this c. Orders to be observed by all the Inne-keepers and Ale-house-keepers 1. That they suffer no persons to be Tipling in their houses against the Laws herein provided 2. That they suffer not any persons to play at unlawfull games in their houses 3. That they suffer none but such that have necessary occasion to be or remain drinking in their houses on the Lords day 4. That they suffer none to be drinking there at unseasonable times of the night 5. That they suffer none other disorder or misrule in their houses 2 Glouc. ss To suppress an alehouse W S. and K S. two of c. To the Constables of Dale within the County of G. Whereas we are informed that I S. of your Town Ale house-keeper is himself a man of evil behaviour and doth also suffer ill rule and disorder in his house contrary to the Lawes in that case provided These are therefore to require you forthwith to repair to the house of the said I S. and to charge him from us and in our names to surcease from common selling of Ale or Beer at his peril Given c. 3 Glouc. ss To commit an alehouse keeper for selling without license Upon 5 and 6 Ed. 6. 25. W S. and K S. c. To the Constables of D. in the County of G. and every of them Whereas I S. of D. in the said County hath of his own authority taken upon him to keep a common Ale-house in D. aforesaid and still continueth so to do contrary to the Statute in that case provided albeit he hath been duly discharged and forbidden so to do by the Justices of the Peace of the County We therefore do hereby command you that you do him apprehend and convey him to the common Gaol of this County and him deliver to the Keeper there who is hereby charged to receive him at your the said Constables hands and him safely to keep for three days and afterwards till he become bound with good Sureties befere some Justices of the Peace of this County that he shall not keep a common Ale-house or Tipling-house any more according to the Statute in that case provided And hereof c. Observations upon this Warrant We find this President amongst their Printed Warrants but do not find a good ground for it Nor can we see how the Justices may safely make it for we know not how the offender may be convict upon 5. and 6. of Ed. 6. but by Indictment But if the Ale-house-keeper sell after he is discharged this is a contempt and then we conceive upon proof of this any Justice of Peace may send for him and bind him to the good Behaviour and to appear at Sessions and if he cannot put in Sureties may send him to Gaol And by this way Ale-house-keepers may be made to give over their selling of Ale Or he may proceed against him upon the Statute of 3 Car. 3. by the Warrant that comes after here Numb 10. 4 Glouc. ss Against the Ale-house-Keeper for suffering tipling and he tipler or tipling W S. Esquire c. To the Constables of Dale in the County of G. and every of them Or it
to convey her to Bridewel in Glouc. and there to remain until she be from thence delivered by order of Law Given c. Observations on this Warrant It seems to me a safer way in this case to bind her to the good Behaviour for this contempt for there is no way of conviction of this contempt Given c. There are divers offences in Servants Apprentices and Labourers and some in Masters punishable by the Law of 5 Eliz. But because the Law is doubtfull in the sense of it in relation to these things it seems to speak that they are onely punishable at a Sessions of the Peace therefore we give you no Presidents of Warrants for a Justice of Peace but of Sessions In all differences between Masters and Servants we think it best for the Justice to warn the parties onely to be before him and see if he can end the matter between them after this manner To the Constables of D. in the County of G. 3 Glouc. ss Against a Master for wages I S. of c. having made his complaint to me that he being hired by I D. of your Parish he hath turned him away within his time and also refuseth to pay him his wages for the time he hath served him These are therefore to require you to warn the said I D. to be before me such a day to answer the premises and to warn the said I S. to be then there also to make good his complaint c. To the Constables of D. in the County of G. 4 Glouc. ss Against a Servant that departeth being an Apprentice I D. having complained to me that I L. being his hired Servant for one year to be ended at Michaelmas next hath wilfully departed out of his service within the time contrary to the Laws in that case provided These are as in the other changing the things to be changed To the c. as in the last 5 Glouc. ss Against a Master that doth abuse his Servant Apprentice W S. c. Complaint being made to me by I S. an Apprentice against I D. his Master both of your Parish of Dale in this County That the said I D. doth not allow to his said Servant competent meat drink and apparel or doth immoderately correct him and without any cause at all or refuseth to receive and to keep him as the case is These are to require you to warn both the same parties to be before me at W. such a day to the end that I may then examine the same matter and end it if I can c. Given under my hand c. To the c. as in the last 6 Glouc. ss Against a Servant W S. c. Complaint being made to me by I D. a Master against I S. his Apprentice both of your Parish of Dale in this County that the said I S. is a disobedient and stubborn Servant and doth very much miscarry himself towards his Master or that the said I S. hath departed out of his service These are to require you c. as in the last Given c. 7 Glouc. ss Discharge of an Apprentice W S. I H. L M. N O. four of the Justices c. Complaint having been made to us by I S. an Apprentice against I K. his Master both of your Parish of Dale within this County That the said I K. his Master hath not allowed to his said Servant competent diet and apparel befitting such Apprentice and hath sometimes corrected him without any just cause at all and when he had cause corrected him above measure and we having called the same parties before us and examined the Complaint find it to be true And therefore we do think fit to discharge the said Apprentice of his Apprenticeship And therefore do by these presents under our Hands and Seals pronounce and declare That we have for the causes aforesaid discharged the said I S. the Apprentice of his Apprenticehood the first day of May. All these are grounded on the Statute 5 Eliz. 4. CHAP. XII About Rates 1 Glouc. ss To have contribution for a sum charged upon a Hundred for a Robbery W S. and I S. two of the Justices c. To the High Constable of the Hundred of W. in the County of G. and to all the Petit Constables and Tythingmen of the several Parishes and Tythings within the said Hundred Whereas one I S was of late robbed of an hundred pounds within the said Hundred of W. and hath thereupon sued the same Hundred of W. and hath a Judgment to recover an hundred pounds against it the which hath been levied of and charged upon I S. This is upon 27 Eliz. cha 13. and L S. two of the inhabitants of D. within the said Hundred And upon their complaint to us hereof we have according to the Act of Parliament in that case provided for the raising of the same money set a rate upon the Parishes and places with in the said Hundred which rate is hereunto subscribed and annexed These are therefore to require you the said High Constable to give notice thereof to the Petit Constables and Tythingmen of your Hundred And thereupon all the said Petit Constables and Tythingmen are required forthwith equally to distribute and set the same rate upon the inhabitants of their Parishes and Tythings respectively according to the rule of rating for their Poor And the same being rated that they do demand it and in case of non-payment levie it by distress and sale of goods upon every of the inhabitants not paying it respectively And having levied and received the same that they do forthwith bring and pay it in to us or one of us to the end that the same may be paid over to the said I S. and L S. And that you do within fourteen days next following give to one of us an account of your execution of this Warrant at your peril Given c. The rate above mentioned in this Warrant to be annexed thereunto Then let the rate be affixed and see that it be handsomly done with an apt title above it after this manner A Rate made by I S. and W S. Esquires two of the Justices of the Peace c. for the raising of an hundred pounds upon the Hundred of W. charged upon it and levied upon I S. and L S. two of the inhabitants upon a Judgment had by one I S. against the Hundred after a robbery The Parish of Dale I S. six d. I L. six d. 2 Glouc. ss To carry a Prisoner to Gaol W S. Esquire c. one of c. To the Constable of D. in the County of G. A rate being made by you the Constable and Churchwardens of your Parish of Dale and two of the inhabitants there the which rate is annexed and subscribed for the raising of money of your Parish for This is upon 3 Jac. chap. 10. the carrying of certain offenders within
perhaps two Justices may make a Warrant to send him to Bridewel but one Justice may bind him to the good Behaviour CHAP. XV. About the Plague To the Churchwardens and Overseers of the Poor of the Parish of M. N. O. within this County 1 Glouc. ss On the same W S. and I S. two of the Justices c. Information being given to us that the Parish of Dale within this County is infected with the Plague and that it hath need of relief from the adjacent places five miles about it according to the Statute in that case provided The which because we intend to provide for them we command you and every of you to be before us upon the first day of May next at the house of c. with your Church-books of Rates for the Poor to the end that we may then make an equal weekly Rate and Assessment for the purpose aforesaid And hereof c. A weekly Rate made the first day of May by W S. and I S. Esquires two of c. with the assistance of the Overseers of the Poor of the Parishes within five miles compass of the Parish of Dale at this time infected with the Plague for the relief thereof during the time of the infection to be paid by the inhabitants of the same Parishes weekly according to the Act of Parliament in that case provided The inhabitants of the Parish of S. to pay weekly as followeth I S. 6 d. W S. 3 d. T S. 2 d. N O. 3 d. L M. 2 d. K N. 2 d. The inhabitants of the Parish of M. to pay weekly as followeth S T. 6 d. c. To the Churchwardens and Overseers of the Poor of the Parish of Dale 2 Glouc. ss W S. and I S. c. There being a Rate made which is for your Parish the Rate subscribed to this Warrant for the relief of the inhabitants of the Parish of Dale at the present infected with the Plague according to the Act of Parliament in that case provided These are to authorize and require you forthwith to levie and collect the same On the same of the persons therein named respectively by distress and sale of their goods rendring to them the overplus And the same money so by you received that you pay over to the Overseers of the Poor of the said Parish of Dale and give in the same upon your account at the end of your year Given under our Hands and Seals c. To the Constables Churchwardens and Overseers of the Poor of Dale in the County of G. 3 Glouc. ss Whereas we are credibly informed that the Plague is in the house of I S. of your Parish whereof one died And whereas also we are informed that divers of the inhabitants of your Parish have resorted to the said house both before and after the said party was dead and especially two children in the house of I P. by reason whereof it is feared that they are sick and so by reason thereof the sickness is like to increase and spread further in the Town unless there be speedy provision made for the preventing thereof These are to require you the said Constables forthwith to cause the said house so infected to be shut up and that you appoint one or more Warders at the door to keep them from coming forth and others from coming at them And if any shall wilfully disobey your orders and directions herein attempting to resist their keepers and go abroad that then you and the said Wardsmen force them to keep their houses And if any wilfully go abroad having the Plague-sore upon them that you and they apprehend them for and deal with them as with Felons And if they have no sore that then you bring them before some Justice of Peace to be dealt with as Vagabonds and to be bound with Sureties to the good Behaviour And that you the Churchwardens and Overseers of the Poor be carefull that the parties shut up be sufficiently provided for for their present relief and sustentation And further that you cause the said I S. and his Family to keep themselves within their own doors and that in the mean time he forbear to victual or to let any come into his house till he hath further order And of your care diligence and proceeding herein that you do from time to time give us account that we may give further direction herein And we are further to advise the Parishioners that they be very carefull not to mingle themselves amongst them that have been in the same infected house And of this our advertisement that you give them speedy notice c. Oath of Searchers 4. Grounded upon 1 Jac. 31. 4. You shall swear that you shall carefully search enquire and examine all such persons as shall die within this Parish of M. And you shall truly publish and declare whether any such person do die of the Plague by any sign that shall appear thereof without any conniving in any manner whatsoever to the uttermost of your skill and ability or of what other disease they shall die So help you God Oath of the Bearer 5. You shall well and truly serve in the place of a Bearer at the visited houses where you shall be imployed and appointed you shall not purloin or carry away any goods forth of the said houses or either of them And you shall take care not to come into any company but continually to remain in the place assigned to you but at such times as you are imployed in your said Office as a Bearer and in every other thing that belongs to that place you shall as you shall be directed by the Officers well and faithfully behave your self So help c. Oath of the Examiner 6. You shall well and truly execute the Office for examiners of health within the Parish of Dale you shall truly enquire and labour to know from time to time what houses within the said Parish be visited with sickness and who therein are sick and of what diseases they are sick and upon doubt command restraint of access until it shall appear what the disease is And if you find any person sick of the Plague you shall give present order to the Constable forthwith to shut up the house wherein he is And if you find the Constable careless herein you shall forthwith acquaint some Justice of Peace therewith And you shall see that the visited persons be weekly provided for and in every other thing shall do as belongs to your Office So help you God CHAP. XVI About making of Constables A Warrant for the making of a new Constable To our loving friend A B. of Dale Yeoman THese are to require you to make your repair to us or to some other Justice of the Peace of this County to take the Oath of a Constable to serve within your Town of Dale you being chosen and ordered by the Leet of your Town to undertake the same Office
Or thus Whereas A B. of your Town the new Constable thereof is by reason of his age and impotency very unable and insufficient to execute the said place These are to require you whose names are under-written to be before me at my house at W. to morrow by eight a clock in the morning that I may make choice of one of you to be sworn to undertake the same Office And hereof c. Observations upon this Warrant We do not approve the making of Constables by one Justice of Peace but in case of necessity onely when a Constable dies and it is long to the Quarter Sessions or Leet at which Courts these Officers are regularly to be made The Tythingman and Constable is now become all one Officer in most places and it were well they were so sworn called all of them Constables or else Constables and Tythingmen both CHAP. XVII About Highways and Bridges FOr the form of the Presentment of a Justice of Peace of a Highway in decay upon his own view It differs not from a Presentment of a Jury or Indictment but onely in the Title I S. c. one of the Justices doth present upon his own view That c. But this the Clerk of the Peace is to draw up for the Justice We give you no President for the repair of Bridges by four Justices of Peace or for the repair of Chepstow-bridge for we suppose no Justices will care to do this out of the Quarter Sessions from which Court it is best to get these things done The wages appointed and set by the Justices to be allowed to men that work at the High-ways for themselves servants and plows for this year according to the new Ordinance as followeth To the labouring man for himself the days work from 8 in the morning to 3 in the afternoon 6 d. To the Plow-man for his Plow with four Oxen or three Horses and two Men the same time 2 s. 6 d. And so after this rate for the rest W S. I S. CHAP. XVIII About Warrants to bind over To the Constables of D. in the County of G. 1 Glouc. ss A Warrant to bring a man in to be bound over Master and Apprentices W S. c. Complaint being made and Information being given to us against I S. of your Parish of Dale that I F. of the same Parish being a poor child and his Parentâ— unable to maintain him was by the Churchwardens and Overseers of the Poor there and by allowance of the Justices of the Peace duly and legally placed with and bound to the said I S. according to the Laws in that case provided and the said I S. ordered and appointed by the Justices to entertain him But that he albeit he hath had notice therof doth wilfully refuse so to do in contempt of Authority These are to require you forthwith to warn him to be before us c. at c. the first day c. to answer the premises and to be then there your self with this Warrant Given under our Hands c. If he come not then make this Warrant To the Constable of D. in the County of G. W S. c. Whereas complaint hath been made to us c. Recite the effect of the first part of the 2 Glouc. ss former Warrant and then say And the said I S. having been duly summoned before to come before us to answer the premises hath made default herein These are therefore to require you to apprehend the said I S. and him to bring before me or some other Justice of Peace of this County to put in Sureties for his appearance at the next General Sessions of the Peace to be held for this County to answer the premises and in case he refuse so to do that then you him convey to the common Gaol c. as in other Warrants of the Peace To the Constables of D. in the County of G. Complaint having been made to me against I S. of your Town Gent. that he in August last past did hunt with his Spaniels in the ground of I M. where Corn did then grow at the time when the same Corn was eared or codded and standing and without the consent of the said I S. then owner of the same ground contrary to the Statute in that case c. By which he hath forfeited forty shillings to the said I M. the owner of the same ground These are to require you as in the first So for the next if he come not recite this These are to require you to take c. and bring to put in Sureties to appear and to answer the offence and to pay the penalties or receive the punishment by the Act appointed And hereof c. So the like may be made against a Master that miscarries himself towards his Apprentice and will not obey the Justices Order And so against them that refuse to repair Churches upon the Justices Order or that have Church-lands and will not account for the profits changing that that is to be changed CHAP. XIX Warrants for other things 1 Glouc. ss For Misdemeanor W S. and I S. c. To the Constables of Dale in the County of G. and every of them These are to require and authorize you and either of you that upon sight hereof or that upon Monday next by eight of the Clock in the Forenoon you apprehend and bring before me to my house in Sale I S. of your Town Butcher to answer to such matters of misdemeanour as on the behalf of our Soveraign Lord the King shall be objected against him And not to fail Given c. at Sale in the said County c. Another That you attach the bodies of all and every the persons hereunder named c. Or thus That you apprehend and bring before me or some other of the Justices of the Peace of this County the body of I S. of c. of whom C D. the bearer hereof will give you particular notice to answer to such matters as on the part of the said C D. shall be objected against him And hereof c. Observations upon this Warrant This Warrant is very common but not much approved by learned men nor is it discretion in a Justice to grant but in case of some great crime which the Justice is not willing to name in his Warrant But if it be for the Peace or good Behaviour or any ordinary matter it is very harsh not to give the party notice of it that he may provide himself with Sureties c. 2 Glouc. ss For robbing Orchards c. Either of these things are enough W S. Esquire c. To the Constable of D. in the County of G. and to I S. of D. aforesaid Labourer and I B. of Dale aforesaid Butcher It being duly proved before me that I S. of your Town Labourer hath within three moneths last past cut and carried away the Corn and Hay
of I K. of your Parish or robbed his Orchard of Apples or cut his Hedges Pales or Fences or digged and pulled up his Fruit-trees or cut and spoiled his Trees and standing wood in Dale aforesaid to the value of ten shillings and that I B. of your said Town Butcher hath procured and abetted him so to do and received from him and bought of him divers of the same things to the great damage of the said I K. contrary to the Act of Parliament in that case provided I do therefore hereby require and order that the said I S. This is grounded upon 43 Eliz. chap. 4. shall within eight days after notice to him given of this Order pay to the said I K. ten shillings and that the said I B. do within three days after notice to him given of this Order pay to the said I K. twenty shillings in recompence to him for his wrongs aforesaid And that these payments be made in the presence of the said Constable hereby commanded upon request to see it done And hereof you are forthwith to give them notice and if either of them shall not pay the same that then you give me notice thereof to the end that they may be whipped according to the Statute in that case provided And hereof c. Dated at D. c. We think it not safe to give a Warrant to the Constable for non-payment to whip for how shall the Constable take conusance of it or the offender be convicted of it But rather let the Justice give his Warrant at first to whip him after this manner 3 Glouc. ss W S. c. as in the last to those words in that case provided Wherefore the premises considered and that I judge the said offenders I S. and I B. unable to make satisfaction for the said wrong I do hereby order that they be forthwith committed to you the said Constable of Dale to be whipped the which you are hereby required forthwith to do at your peril Given at L. in the said County under c. The Officer is here to be punished by imprisonment for his neglect if he do it not But how he shall be convicted of the offence out of a Sessions and by Indictment we know not any way and therefore offer no Presidents of Warrants for this 4 Glouc. ss For unlawfull weights and measures W S. Esquire c. To the Churchwardens and Overseers of the Poor within the Parish of D. in the County of G. and to every of them I S. of your Parish of D. being lawfully convicted before me for selling by unlawfull weights or unlawfull measures and that he the first day of May last at Dale aforesaid sold a pound of Currants Either of them wâ—ll serve by a pound weight or for selling a yard of Holland by a yard not being according to the Standard of the Exchequer contrary to the Act Grounded upon 16 Car. 19. of Parliament in that case provided whereby he hath forfeited to the use of the Poor of your Parish five shilling to be levied by the Churchwardens and Overseers of the Poor The Church-wardens and Overseers are to do it without Warrant These are therefore to give you notice hereof and that you and every of you are by your Office forthwith to levie the same five shillings of the goods of the said I S. by distress and sale thereof rendring to him the overplus And in case you do receive the same money that you do imploy it to the use of your Poor and give account thereof in the end of your year accordingly And hereof c. Another Either of them is sufficient W S. c. To c. I S. c. being lawfully convicted before me that he such a time and place did keep in his house or shop a pound weight whereby he did usually buy and sell or for keeping a yard-measure whereby he did usually buy and sell the same not being according to the Standard of the Exchequer c. We know no other Warrant touching this matter to be made by the Justices of the Peace out of their Sessions of the Peace For shooting in Guns If any man desire to put the Laws in execution against any man for shooting in a Gun he may see the form of the Warrant and course of proceeding in Daltons Just of Peace Chap. 126. CHAP. XX. Of Recognisances and Bail and Mainprise 1. Recognisance what it is A Recognisance is a Bond of Record testifying that the Recognisor doth owe a certain sum of money to our Soveraign Lord the King with Condition that the Recognisor shall do some other thing for the which he is bound in that sum in the nature of a penalty Wherein these things are to be known 1. Justices of the Peace do take Recognisances for the Peace good Behaviour to bind men to appear at the Assizes at the Sessions and for many other causes And for this any one Justice may do it But to Bail a Prisoner for Felony take a Recognisance of an Ale-house-keeper and de some other things there must be two Justices to do it and one alone cannot do it 2. What sum the parties shall be bound in or what Sureties the Recognisor shall have to be bound with him it is left to the discretion of the Justice or Justices that doth take the Recognisance in cases where the Law doth not set down the certainty as in some cases it doth and there they must not vary from what is prescribed in the persons bound sum or manner of the Recognisance But for the Peace and good Behaviour appearance at the Assizes and Sessions to give Evidence and the like the Justice may bind with what Sureties and in what sums he pleaseth 3. It is said that Justices of Peace cannot bind over an offender against a penal Law within their conusance not within the Commission of the Peace nor committed to the power of any Justice of Peace except it be in a special case where the Law it self doth enable them to do it 4. All such Recognisances must be made to our Soveraign Lord the King himself and to none other and in his own name 5. The Justice of Peace need nâ—t affix his Seal to the Recognisance but he must put his Name to it and then it is good enough Of Bail and Mainprise Bailment what it is BAilment or Mainprise which is one kind of Recognisance is the saving or delivering of a man out of prison before that he hath satisfied the Law by taking Surety of him that he shall appear and do it Wherein these things are to be known 1. The Justice of Peace must not bail one that is not bailable by Law And on the other side he must bail him that is bailable by Law or he may be punished 2. In case of Felony there must be two Justices of Peace and they two together present with the Felon to bail him 3.
The Sureties and the Sum are in his discretion but if it be in case of Felony he must see he take good Sureties for the Prisoners appearance and bind him in a good sum to do it or he may be fined for his neglect herein If any Law appoint what the Sureties and what the Sum shall be that the party bailed must give that must be pursued 4. If the Justices shall at any time judge the Sureties insufficient they may compel the party bailed to put him in better Sureties or commit him to Gaol for lack of Bail 5. It is said That if the Sureties doubt the Prisoner that he will run away and not appear that they may take him and carry him to the Justice and desire to be discharged and that the Justice must discharge them and that the principal is then to be committed till he put in new Sureties The Forms of Recognisances 3 Glouc. ss Md. That the first day of May I S. of D. in the County of G. Yeoman came before me W S. Esquire one of the Justices of the Peace of the County of G. at K. in the same County and acknowledged himself by way of Recognisance to owe unto our Lord the King and his Successors twenty pounds of lawfull English money to be levied of his lands and tenements goods and chattels to the use of our said Lord the King and his Successors if he fail in the Condition indorsed If there be more then one to be bound then it is thus Md That the first day of May I S. of c. C D. of c. and E F. of c. all three of them came before me and acknowledged themselves severally to owe our Lord the King and his Successors ten poundâ— a piece to be levied c. if I S. fail in the Condition indorsed Another of the same 4 Glou. ss Md. That I S. of c. G D. of c. and E F. of c. the first day of May c. came before us W S. and L S. two of the Justices of the Peace within the County of G. And the said I S. did assume for himself in the sum of twenty pounds of lawfull money of England to our Lord the King And the said C D. and E F. became bound for the said I S. either of them in the sum of ten pounds a piece of like lawfull money to our said Lord the King to be levied of their lands and tenements goods and chattels by way of Recognisance under the condition following viz. Another of the same 5 Glouc. ss Md As in the former which several sums of money every of them hath acknowledged to owe to our Lord the King and his Successors if the said I S. shall make default in the Condition following viz. Another of the same 6 Glouc. ss Md. That the first day of May c. at Dale in this County I S. of c. C D. of c. and E F. of c. came before us W S. c. two of the Justices c. and did undertake for L M. of c. each of them under the pain of twenty pound a piece of lawfull English money And the said L M. did then and there assume for himself in pain of forty pounds of like lawfull money and all of them to our Lord the King and his Successors to be levied of their lands and tenements goods and chattels by way of Recognisance to the use of our Lord the King if the said L M. shall fail in the Condition hereafter following viz. If the party to be bound be within age or a Woman married then he or she must be bound by others after this manner as in the last leaving out the last clause And the said L M. c. And by these all other Recognisances may be made for they are after one form and the difference is in the Conditions which do now follow It is best to make them in Parchment and yet being in Paper they are good enough in Law If the Condition be on the back of the Parchment or Paper wherein the Recognisance is as it must be to the two first Presidents abovesaid that conclude if he fail in the Condition aforesaid Then it must be thus 7. To prefer a Bill of Indictment The Condition of the Recognisance within written is such that if the within bounden I S. shall at the next general Gaol-delivery to be holden in the County of Gloucest prefer or cause to be preferred one Bill of Indictment against one A B. late of G. in the said County of Gloucest Labourer now a Prisoner in the Castle of Glouc. for the felonious taking of twenty sheep of the goods of the said I S. or for the felonious killing of T S. and shall also then and there give the best evidence he can concerning the same as well to the Grand Jury that shall then make enquiry of the Felony as also to them that shall pass upon the Trial of the said A B. and not depart without license of the Court That then the same Recognisance shall be void Or thus The Condition c. That if the said I S. shall personally appear at the next general Gaol-delivery to be holden for the County of Glouc. before the Lords the Justices of Assize and Gaol-delivery and shall then and there prefer c. as in the last 8. To give in evidence The Condition of the Recognisance within written is that if the within bounden I S. do and shall personally appear at the next general Gaol-delivery to be holden in the County of G. before the Judges there or at the general Sessions of the Peace to be held for the County of G. as the case is before the Justices of the Peace there and then and there pursue and give the best evidence he can against one A B. late of C. in the said County Labourer now a prisoner in the Castle for the felonious taking away of a Mare of the goods of the said I S. and not depart without license of the Court That then c. Or thus That if the within bounden I S. shall personally appear before the Justices of the Peace of the County of Glouc. at the next Quarter Sessions in the County aforesaid to be holden then and there to inform the Court against one A B. of c. now a prisoner in the Castle and not depart without license of the Court That then c. 9. To appear to answer a Felony upon a Bail The Condition of this Recognisance is such that if the within bounden I S. shall make his personal appearance before the Justices of the Peace of the County of Glouc. at the next general Sessions of Peace to be holden for the same County then and there to make answer to our Lord the King for and concerning the suspicion of stealing certain corn That then c. Another of the same and to keep the Peace
10. The condition c. That if the within bounden I S. shall personally appear before the Justices of the Gaol-delivery to be holden in the said County of Glouc. at the next Assizes and Gaol-delivery there or before the Justices of the Peace of the County of Glouc. at the next general Sessions of the Peace to be held in the same County to do and receive that which by the Court shall be then and there enjoyned him and shall not depart thence without leave of the Court. And that in the mean time he be of good Behaviour and do keep the Peace of our Lord the King toward his Highness and all his People c. that then c. Another to the same purpose 11. The Condition c. That whereas the within bounden I S. hath now lately dangerously hurt one L M. of c. so as the said L M. is thereby in danger of death If therefore the said I S. shall make his personal appearance before the Justices of the Gaol-delivery at the next General Gaol-delivery to be holden in the County of Gloucest then and there to make answer to the premises and to do and receive that which then by the same Court shall be enjoyned him That then c. Another 12. The Condition c. That if the within bounden I S. shall personally appear c. then and there to make answer to such matters as on the behalf of our Lord the King shall be objected against him by I D. of c. concerning c. then shew the matter briefly and conclude as in the rest before That then c. So in the Condition for the Peace and good Behaviour they may be made after the same manner by changing onely that which is to be changed But if the Condition be annexed to the Recognisance as it must be to the latter sort of Recognisances above named that conclude thus Under the Condition following viz. then must they run in this manner For the Peace 13. That the said I S. shall personally appear at the next general Sessions of the Peace to be holden for the said County and in the mean time that he shall keep the Peace towards our said Lord the King and all other the people of this Common-wealth of England and chiefly towards L M. For the good Behaviour 14. That the said I S. shall personally c. as in the last and in the mean time that he shall be of good Behaviour towards our Lord the King and all c. as in the last Where divers Recognisances are to be taken at once some have â—sed to put them all in one Roll of Parchment together after this form 15 Glou. ss For Ale-house keepers 15. Md. That at Dale in the County of Glouc. the first day of May c. I S. Victualler of c. came before me W S. Esquire c. and did acknowledge that he did owe to our Lord the King and his Successors by way of Recognisance twenty pounds of lawfull c. And G H. of c. and I K. of c. did then also acknowledge to owe to our said Lord the King ten pounds a piece of lawfull English money by way of Recognisance to be levied of each of their c. under this Condition following viz. That the said I S. being licensed to keep an Ale-house in the Town of Dale for one year now next following shall not during the said term suffer within his said house any play at unlawfull Games but shall there use and maintain good order and rule And then write under this 16. G H. of I. c. did then and there acknwledge to owe to our said Lord the King ten pounds and N O. of c. and P Q. of c. did then and there acknowledge to owe to our said Lord the King five pounds a piece in manner as aforesaid and under the condition aforesaid And so for the rest Observations upon this Warrant I cannot warrant the latter end of these Recognisances to be good but am rather inclined to believe they are all of them but the first naught And therefore do advise the Justices of the Peace and their Clerks to make them at length and to decline this form Another form for the Peace or good Behaviour 17. Memorand That A B. of C. c. D E. of F. c. G H. of I. c. such a time and place came before me W S. Esquire c. and became Manucaptors and undertook for T O. of c. That he should keep the Peace or be of good Behaviour towards our Lord the King and all his People and especially towards I D. every of the Manucaptors under pain of ten pounds a piece and T O. under pain of twenty pounds and that the said T O. shall appear before the Justices of the Peace c. The Form of the Release of the Peace Memorandum quod primo die Julii c. prafatus E F. xenit noram me praefato T P. gratis remisit relaxavit quantum in se est praedictam securitatem pacis per ipsam coram me versus supraâ—â—â—inatum B C. petitam In cujus egâ— Testimonium â—â— praefat T P. c. Dat. c. CHAP. XXI Of a Mittimus What it is A Mittimus is an Order of Commitment of the person of a man to Prison by a Justice of Peace to an inferiour Officer for the time the Law appointeth for some offence by him done And as touching this in general you may obserâ—â— these things 1. In every Mittimus care must be had to set down these two things First the offence Secondly the true manner and time of punishment 2. That there is very little difference between a Mittimus and a Warrant of Commitment This is to the Officer to take and carry a man to Prison and that to deliver him to the Gaoler which doth imply a taking and carrying both are to carry to Gaol It may be easie therefore to change the form and the one President may serve for a light by which to make the other 3. The Title and form of one of these hereafter set down may serve to direct all the rest 4. By these forms hereafter set down any other may be easily drawn with very little alteration 5. If the Mittimus be for a Felony and the Felon hath confessed it upon his examination the Mittimus must say so for then he is not bailable Divers Forms of Mittimus A Mittimus for Felony to the Gaol 1 Glouc. ss W S. and I S. Esquires two of the Justices c. To the Keeper of the Gaol within the Castle of Glouc. or his Deputy there being We send you herewithal the bodies of A B. and C D. charged before us with the felonious using and practising of Witchcraft upon the body of a child of K L. or charged before us by T C. of K. in the County of G. with robbing him on
he shall continue with you and be in his good health you do hold him to work and punish him by putting fetters and gyves upon him and by moderate whipping of him And that you give him no more for his maintenance then what he shall deserve or earn by his labour And that you have the said I S. and this Precept at the said next Quarter Sessions A Mittimus of a vagrant or disorderly person 9 Glouc. ss W S. c. We have sent you herewithal the body of E C. of G. in this County being an idle dissolute and disorderly person and one that liveth idlie and wandreth begging about the Countrey and brought before us by the Constable of Dale whom you are hereby required to receive and him to keep in your Bridewel to work until he shall be from thence duly delivered by order and course of Law And in the mean time you are to keep him to work and see to it that he have no more for his maintenance then what he can get by his work And hereof c. A Mittimus for one thae runneth away and leaveth her Charge to the Town 10 Glou. ss W S. c. We have sent you herewithal the body of I L. of W. in the said County single woman being lately delivered of a child and one that is able to labour and thereby to relieve her self and her said child and hath notwithstanding lately run away and left her child upon the Parish to the charge of the same Parish contrary to the Statute in that behalf provided These are therefore to require you to receive her c. as in the last W S. c. We send you herewith the body of I S. of c. for that she being a poor woman able to work and having a great charge of children and like to charge the Parish she doth threaten to run away from her charge and leave it to the Parish These are therefore c. as in the last A Mittimus of the Mother of a Bastard-child 12 Glou. ss W S. We send you herewithal the body of I C. of W. in the said County single woman lately delivered of a Bastard-child likely to be chargeable to the Parish of W. aforesaid and for that the said I C. is able to labour and that thereby she may the better relieve her self and her said child These are to require you to receive the said I C. in your Bridewel there to be punished and set on work during the term of one whole year acccording to the Statute in that behalf provided Observations upon these three last Presidents These three last Mittimus being grounded upon 7 Jac. 4. it is good to advise upon them for the Statute doth not prescribe any way of Conviction unless it come under the general words of 39 Eliz. 4. that these be taken for idle and disorderly persons for that being proved before by two witnesses before two Justices one of them being of the Quâ—rum this is a Conviction of Law For a Mittimus for a forcible Entry see it in Chap. 6. CHAP. XXII About a Supersedeas The Form of Supersedeas 1 Glouc. ss W S. To the Sheriff Bailiffs Constables and other the Officers and Ministers of our Lord the King for the keeping of the peace within the County of Gloucest and every of them Forasmuch as A B. of c. hath personally come before me at Dale in this County and hath found sufficient sureties that is C D. of c. and E T. of c. either of which hath undertaken for the said A B. under pain of ten pounds a piece and he the said A B. hath undertaken for himself under pain of twenty pound that he the said A B. shall well and truly keep the peace towards our Lord the King and all his people especially towards G F. of c. Yeoman and also that he shall personally appear before the Justices of the peace of the said County at the next general Sessions of the peace to be held for the same County Therefore I command you and every of you that you utterly forbear and surcease to arrest take â—mprison or otherwise by any means for the said cause to molest the said A B. And if you have for the said cause and none other taken or imprisoned him that then you do cause him to be delivered and set at liberty without further delay Given at Dale aforesaid under my Hand and Seal c. Another for the same 2 Glouc. ss 2. For the Peace W S. Esquire c. To the Sheriff of the County of Glouc. c. and to all Constables c. Forasmuch as I S. of c. hath come before me and found sufficient surety that he shall keep the peace towards our Lord the King and all his people especially towards I K. of D. aforesaid and that he shall personally appear before the Justices of the Peace of the said County at the next general Sessions of the peace to be holden for the said County Therefore I require and command you and every of you that you do altogether forbear and surcease to attach arrest or imprison him the said I S. or otherwise to molest him by any means for the said cause And if you have upon any Precept for the peace and for that cause and none other already taken and imprisoned him that then you do cause him to be delivered and set at liberty without further delay And this shall be your Warrant Given c. For a Felony There may be a Supersedeas in case of Felony where the prisoner is bailed thus Because A B. of c. hath come before us c. and put in sufficient bail to be before c. to answer the Felony wherewith he is charged c. Or thus 3 Glouc. ss W S. c. To c. Forasmuch c. I do therefore require you that from compelling and imprisoning the said A. and his Wife or either of them any security for the peace towards our Lord the King and all the People of this Common-wealth before you or any of you again to find you do supersede or cause to be superseded And if c. that then you do immediately them out of such prison in which they or either of them are detained deliver or cause to be delivered c. Observations upon these Warrants This last Supersedeas is good though it name â—either the sureties nor the sums wherein they are bound but it is held the better Form to express both 4 Glouc. ss Upon a Supplicavit against an Infant W S. To the Sheriff c. Know ye that I have received a Writ of our Lord the King in these words Charles c. reciting all the Writ word for word Forasmuch as C D. of c. and E F. of c. and the said A B. being the Infant against whom the Writ of Supplicavit was granted have personally
appeared before me the said W S. and the said C D. and E F. have undertaken for the said A B. who is within the age of 21 years to wit either of the said manucaptors in twenty pounds a piece which each of them have acknowledged to owe to our said Lord the King by way of Recognisance to be levied on their lands and tenements goods and chattels to the use of our said Lord the King to wit that the said A B. no damage or ill shall do or procure to be done to any of the people of this Commonwealth in their bodies or burning of their houses and especially to T R. Therefore I require you and every of you to forbear c. as in the rest This may also be to stay proceedings of Arrest or Imprisonment against a man upon good Behaviour or upon a Capias upon an Indictment for Trespass or the like thus 5 Glouc. ss W S. To c. Forasmuch as I S. of c. came before me this first day of c. at Dale in this County and hath found sufficient Manucaptors to be at the next General Sessions of the Peace to be held in this County before the Justices of the Peace there to answer to our Lord the King of certain trespasses contempts and offences whereof he is indicted Therefore I command you c. as in the rest CHAP. XXIII Of a Liberate 1 Glouc. ss W S. c. To the Keeper of the Gaol in the Castle of Gloucest Forasmuch as I S. of c. hath before us found sufficient mainprise to appear before the Justices of the Gaol-delivery at the next general Gaol-delivery to be holden in the said County there to answer the things that shall be objected against him touching the felonious stealing of two sheep for the suspicion whereof he was committed to your Gaol These are to require you in case he be there detained in prison for this and no other cause that you forthwith deliver him and let him go at large Given under our Hands c. 2 Glouc. ss W S. c. To the Keeper c. I S. being by me committed to your custody in your Gaol till he put in sureties for the peace or good behaviour as the case is These are c. as in the last Observations on this If one Justice of his own head commit a man to Gaol or Bridewel he may again deliver him and he need not shew the cause or if it be for the peace or good behaviour to tell the Keeper that he hath taken Sureties we think it safe for a Keeper to have this from a Justice always when he delivers his prisoner By these other Liberates may be made Of a Release I have seen a Release of the Peace by a Justice of Peace that took it and Presidents of Releases of the Peace and good Behaviour but I understand not of what use they are for the party must appear onely the Release of the Peace c. is an evidence that the Prosecutor is not afraid of him and therefore the Court will not probably continue him bound CHAP. XXIV Of a License and Testimonial 1 Glouc. ss To sell Ale W S. and I S. Two of the Justices c. Know all men by these presents That we do hereby license I M. of c. to keep a common Ale-house in L. aforesaid in the house there where he now dwelleth for one whole year next ensuing the date hereof so that he do not during that time suffer any unlawfull Games to be used nor any evil rule or disorder to be done in the same house Dated c. So to brew and sell Beer and keep a common Alehouse c. 2 Glouc. ss To travel on the Lords day W S. c. To all c. I S. of c. where he now liveth having informed me that he had a Father living at D. in the County of S. where he lieth now very sick and he hath a desire to visit him Now know ye that for this cause I do hereby license him to travel upon the next Lords day the direct way to him willing and requiring you not to molest him for the same so he behave himself orderly in his travel Dated c. 3 Glouc. ss Describe him To convey a Rogue I S. a sturdy vagrant beggar of low personage red haired c. and about twenty years was this first day of May openly whipped at W. in the said County according to the Law for a wandring Rogue and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straight way to P. in the County of W. where as he confesseth he was born or dwelled last for one whole year if the case be so and he is limited to be at P. aforesaid within ten days now next ensuing at his peril Given at W. under the Hands and Seals of W S. Esquire one of c. and I D. the Constable of W. aforesaid 4 Glou. ss For one that hath suffered shipwrack c. Soldier c. W S. c. one c. To all Constables Tythingmen c. Forasmuch as I am credibly informed that I S. the bearer hereof of low personage c. hath been at Sea and there the first day of May last suffered ship-wrack and hath not wherewith to relieve himself in his travel to the place of his birth or last dwelling These are to desire you to suffer him to pass the next way to the said place where he is limited to be within forty days next after the date hereof and not to trouble but rather to relieve him The like may be for a poor Souldier 5 Glouc. ss To travel W S. and I S. two of the Justices c. To all c. The bearer hereof I S. of c. having shew the cause of his travel desired our Testimonial or License for his safe travel to the City of B. shew whither he is to go wherefore we as much as is in us do license him to travel the direct way from H. in the County of G. to the said City so as his journey be not continued longer then twenty days next after the date hereof and pray you to suffer him to pass in peace so as he demean himself orderly And by these a Testimonial may be made for other things as for a Labourer in Harvest-time to go into another Countrey to work or a Servant departing at the end of his year CHAP. XXV Of a Certificate A Certificate of the Presentment or Verdict of the Jury may be made into the Kings Bench the like may be made of the Record of a Force viewed by the Justice These Certificates and the like may be made by the Justice of Peace by way of a Letter inclosing therein the Presentment of the Jury or the Record of the Justice except the same be removed by Certiorari the forms whereof see in the end of