Waterman or Servingman other then of a Nobleman or of him that may dispend 200 l. by the year playing within the precinct of his Masters House have plaid out of the Christmas at any of the said unlawfull Games or in the Christmas out of the house or presence of their Master shall be Inquired in Sessions 33 H. 8. 9. § N. 12 R. 2. 7. 10. Crompt 79. Dalt 63. cap. 23. War IV. Lambert 476. the Act 33 H. 8. 9. § 20. N. 1. For Archery must be proclaimed at the several Sessions of the Peace Crompt 123. b. § 14. Ability V. Crompt 78. b. Inquiry at Sessions on 33 H. 8. 9. § 3. N. if every one of the age of 7 years and within LX having no Impediment except spiritual men the Justices of the one Bench or of the other and Barons of the Exchequer use Shooting in Long Bows and have a Bow and Arrows ready Item 2. Whither the Fathers and Governors educate their Children in Shooting and have in their houses for every one of the age of 7 years untill he come to 17. a Bow and two Arrows and they may provide and abate the Mony out of their Wages otherwise he shall forfeit 6 s. 8 d. for every Month that they fail 33 H. 8. 9. § 3. N. Item 3. If every man above the age of 17 years and within 60 years having no Impediment nor being a spiritual man c. hath a Bow and four Arrows and occupieth it he that fails shall Forfeit 6 s. 8 d. for every Month 33 H. 8. 9. § 3. N. 5. Item 4. If any under 24 years of age shoot at Pricks he shall Forfeit 4 d for every Shoot 5. None under 17 years if his Father or Mother hath not 10 l. in Land or that his Goods amount to the value of 40 Marks shall shoot in any Bows of Yew bought for him on Forfeit of 6 s. 8 d. Archers VI. Crompt 79. Item 6. If Butts be made and continued in every place by the Inhabitants the Forfeit is 20 s. for every month fayling and the inhabitants must exercise Shooting on Festival days ◠474. by 33 H. 8. 9. § 4. N. 4. Item 7. You shall Inquire if any for Lucre keep any place of Bowling Tennis Dicing or other unlawfull Games he shall Forfeit 40 s. for every day and every person haunting this shall forfeit for every time 6 s. 8 d. Bowls VII Crompt 79. If any Bowl in any open place out of his Garden or Orchard he shall forfeit 6 s. 8 d. for every time VIII Crompt 79. At the Assizes at Stafford Lent 29 Eliz. before Manwood Cheif Baron and Windham Justices of Assize there divers that were taken by L. one of the Justices of the Peace there were Indicted thereof and he that kept the house where they played also and he that kept the house was fined to 5 l. and every one that plaid 20 s. and because they were present in Court they were Committed to Prison till they paid their Fines and there were above 20 of them that plaid in the said house at one time Dalt 64. cap. 23. IX Crompt 131. Imprisonment Justices of Peace and head Officers who find or know any person using unlawfull Games against 33 H. 8. 9. § 14. N. 1. may Commit such Offenders to Prison without Bayl or Mainprise until they be bound by obligation to the use of the King that they will not use such unlawful Games and so see a Conviction by view of the Justices as to Imprisonment c. as it seemeth Quaere Crompt 154. b. 155. a. 172. ab 175. b. § 21. 197. b. § 27. X. Crompt 192. b. All Informations Plaints Actions and Suits Dayes against such as keep Common Houses of unlawfull Games and against such as play therein against 33 H. 8. 9. § 17. N. 2. shall be Commenced within the year after the Offence Committed otherwise no advantage or Suit thereof shall be taken as appears by the said Statute Prohibition XI Dalt 64. cap. 23. But Inquire what Games shall be said to be unlawfull c. Quaere of Dancing of the Morrice or other open Dancings Bear-baytings Common Playes and Fencings all these seem to be prohibited by 39 Eliz. 4. § N. Dayes XII 1 Car. 1. cap. 1. § 1. N. 5. And that any one Justice of the Peace of the County or the cheif Officer c. of any City c. wherere such Offence viz. Bear-bayting Bull-bayting Interludes Common Playes and other unlawfull Pastimes on the Lords day shall be Committed upon his or their View or Confession of the party or proof of any one or more Witness by Oath which the said Justice c. shall administer shall find any person offending in the premises the said Justice c. shall give Warrant under his or their hand and Seal to the Constables and Churchwardens of the Parish c. where such offence shall be Committed to levy the said Penalty viz. 6 s. 4 d. c. by Distress and Sale c. Dalt 63. cap. 23. Warren XIII Lambert 95. Every person finding or seeing any to offend 39 H. 8. 6. § 16. N. 1. against the Shooting in Cross-bows and Hand-guns may Arrest and bring or convey him to the next Justice of Peace of the County where he was found offending who upon due Examination and Proof thereof before him made may by his discretion Commit him to the Goal there to remain till he shall truly pay the one Moiety of the Forfeiture of this Statute to the King and the other Moiety to the first bringer or conveyer Dalt 64. cap. 24. In this Case and such other the Justice of Peace having as it seemeth the whole matter committed to himself alone ought to be wary and circumspect c. and upon the offence sufficiently proved it is necessary that in his Mittimus or Precept to the Goaler there be conteyned the names of the parties with the manner of the offence and how long he is to be kept in Prison for it Ability XIV Lambert 472. If any person have Shot in used or kept any Hand-gun but such as is in Stock and Gun one yard long or any Hagbut or Demihake not being three quarters of a yard long 33 H. 8. 6. Lamb. 295. XV. 471 472. Inquiry at Sessions If any not having 100 l. per Annum have carryed in his Journey any Cross-bow bent or Gun charged unless it be to the Musters 33 H. 8. 6. Crompt 88. Warren XVI Lambert 472 473. Inquiry if any person have Shot at large other then at a Butt or Bank of Earth in place convenient at any thing with any Gun in any City Bourough or Market Town or within a quarter of a Mile of any of them or have commanded his Servant to Shoot in Cross-Bow or Gun at any thing other then a Butt or Banck of Earth or if any person not having 100 l. per An.
Steward of any Lord be Assigned in any of the said Commissions 13 Ric. 2. Cap. 7. Ability § 1. N. 7. And that no Association shall be made to the Iustices of the Peace after their first Commission Joynder § 1. N. 8. And it is not the Intent of this Statute Appearance that the Iustices of the one Bench or of the other nor the Serjeants of the Law in case that they shall be named in the said Commissions shall be bound by force of this Statute to hold the said Sessions four times in the year as the other Commissioners the which be Continually dwelling in the County but that they shall do it when they may best attend it 13 Ric. 2. Ca. 7. Whereas it is Contained in the Last Statute made at Canterbury viz. 12 Rich. 2. Cap. 10. § 1. N. 6. Ability that no Steward of any Lord shall be Assigned in the Commission of the Iustices of Peace nevertheless for certain causes shewed in this Parliament it is accorded and assented that Iustices of the Peace shall be made of new in all the Counties of England of the most sufficient Knights Esquires and Gentlemen of the Law of the said Counties notwithstanding the said Statute 18 H. 6. Cap. 12. § 1. N. 2. And that the said Iustices be Sworn duly Justices and without favour to keep and put in Execution all the Statutes and Ordinances touching their Office Cap. 8. Item Victuals It is ordained c. that the Statutes and Ordinances made in the last Parliament holden at Canterbury viz. 12 Ric. 2. Cap. 3. 4. 5. 6. 7. 8. 9. as well of Servants Labourors Artificers and Victualers as of all other things saving the Exception viz. 12 R. 2. Cap. 10. § 1. N. 6. in the next Article before viz. 13 Rich. 2. Cap. 7. touching Iustices of Peace c. shall be firmly kept and duly executed Coron But forasmuch as a man cannot put the price of Corn § 1. N. 2. and other Victuals in certain it is Accorded c. that the Iustices of Peace in every County in two of their Sessions to be holden betwixt the Feast of Easter and St. Michael shall make Proclamation by their discretion according to the Dearth of Victuals how much every Mason Carpenter Tyler and other Craftsmen Workmen and other Labourers by the day as well in Harvest as in other times of the year after their degree shall take by the day with meat and drink or without meat and drink between the two Sessions beforesaid notwithstanding the Statutes viz. 23 Ed. 3. Cap. 6. and 12 R. 2. Cap. 4. thereof heretofore made and that every man obey to such Proclamations from time to time as a thing done by Statute Fees And in the Right of Victualers it is Accorded § 1. N. 3. that they shall have reasonable gains according to the Discretion and Limitation of the Iustices and no more upon pain to be grievously punished according to the Discretion of the said Iustices where no Pain is limited in certain before this time Drapery And that the Workers Weavers and Fullers C. 11. § 1. N. 3. viz of plain Cloaths of Somerset c. shall put their Seals to every Cloath that they shall work upon a certain Pain to be limited by the Iustices of the Peace c. Forest And that the Iustices of Peace have Power to Enquire C. 13. § 1. N. 4 viz. of Lay-men that have not forty shillings a year and Clerks not advanced to ten pound a year that Hunt or keep Dogs Nets c. and shall enquire of the Offenders in this behalf and punish them by the Pain aforesaid viz. Imprisonment a year Justices Item that in eyery County be Assigned eight Iustices of Peace 14 R. 2 C. 11 as is contained in the Statute of Canterbury viz. 12 Ric. 2. Cap. 10. besides the Lords Assigned in this Parliament Records And that the Estreats of the said Iustices be doubled § 1. N. 2. and the one part delivered by the said Iustices to the Sheriff to Leavy the mony thereof rising and thereof to pay to the Iustices their Wages by the hand of Sheriff by Indenture betwixt them therereof to be made Sheriffs And that the Sheriffs have allowance in their account in the Exchequer § 1. N. 3. by the same Indenture Dignity And that no Duke Earl Baron or Baronet § 1. N. 4. albeit they be Assigned Iustices of the Peace and hold their Sessions with the other Eight shall take any wages for the said Office Justices And that the Iustices put their names in the same Estreats § 1. N. 5. together with the number of the days of their Session to the intent that the Sheriffs may know to whom to pay Wages and to whom not and the Barons of the Exchequer to whom to allow and to whom not Seals And that the Seals be made for the Servants § 1. N. 6. and delivered to the keeping of some good man of the Country after the Puport of the said Statute of Canterbury viz. 12 R. 2. Cap. 11. N. 4. Measures Which Statute viz. 12 R. 2. Cap. 10. § 1. N. 7. with the notification of the same made at the last Parliament viz. 13 R. 2. Cap. 7 and the Statute of Weights and Measures And all other good Statutes and Ordinances made heretofore and not repealed shall be holden and kept and put in due Execution Force Item It is Accorded and Assented that the Ordinances and Statutes 15 R. 2. C. 2. made and not repealed of them that make Entries with strong-hand into Lands and Tenements or other Possessions whatsoever and them hold with force and also of these that make Insurrections or great Ridings Riots Routs or Assemblies in Disturbance of the Peace or of the Common-Law or in affray of the People shall be holden and kept and fully executed 8 H. 6. Cap. 9. Proces Ioyned to the same that at all times § 1. N. 2. that such forcible entry shall be made and Complaint thereof cometh to the Iustices of Peace or to any of them that the same Iustices or Iustice take sufficient Power of the County and also the Place where such force is made 13. H. 4. Cap. 7. 8 H. 6. Cap. 9. N. 2. § 1. N. 3 And if they find any that hold such Place forcibly after such entry made Imprisonment they shall be taken and put in the next Gaol there to abide Convict by the record of the same Iustices or Iustice until they have made Fine and Ransome to the King 18 H. 6. Cap. 9. § 1. N. 3. § 1. N. 4. And that all the People of the County as well the Sheriff as others Process shall be attendant upon the same Iustices to go and assist the same Iustices to Arrest such Offenders upon Pain of
to the intent that the Sheriff shall there answer the same to the Kings use § 3. N. 1. Provided always and be it Enacted by Authority aforesaid Fees that every of the said Iustices of Peace shall have for holding of every of their said Sessions as is aforesaid 4 s. for their Costs § 3. N. 2. And the Clerk of the Sessions by them to be appointed for the making and writing of the Process and Extracts of the Sessions Offices for every Sessions 2 s. to be paid by the hands of the Sheriff of the Kings part and Portion of the Pains Losses and Forfeitures and of the Issues Fines and Amercements aforesaid § 4. N. 1. Provided always that Iustices of Peace in Cities Corporat Boroughs and Towns Corporate not being Shires or Counties of themselves shall assemble once in the year with the Iustices of Peace of the Shire where such Cities Boroughs or Towns Corporate be and shall be limited to execute this Act within the City Borough or Town Corporate where they shall be Iustices of Peace and not elsewhere Indictment Provided also that no Information or Presentment § 5. N. 1. shall be had or taken by the said Iustices of Peace so divided by Authority of this Act but for such Offences Defaults or Contempts as be or shall be done within the limits of their Division Justices And be it further Enacted by Authority aforesaid § 6. N. 1. that the said Iustices of Peace so divided or two of them within the limits of their Division shall have full Power and Authority to examin inquire hear and determin by Information and Tryal as is aforesaid all Defaults and Contempts which after the Feast of the Nativity of our Lord next coming shall be done or committed by any Servants commonly called Yeomen or Grooms Husbandmen Labourers and Artificers or any of them against the tenor form and effect of the Statutes and Laws made for excessive Apparel and to correct and punish the Offenders therein being thereof Convict afore them as is aforesaid according to such Pains Forfeitures and Punishments as is limited by the said Laws and Statutes of Apparrel to be levyed paid and certifyed as is aforesaid Wales And it is further Enacted by the Authority aforesaid § 7. N. 1. that as well the Iustices of Assize as the Iustices of Chester and the Kings Iustices of North-Wales and South-Wales in all and singular their Circuits shall have full Authority and Power by the force of this present Act to inquire as well by Information as by Presentment before them of the Defaults Contempts Omissions Negligences Favours Affections Corruptions and other things whatsoever they shall be of all and singular the said Iustices of Peace which shall not diligently truly and duly see put and cause the said good Laws and Statutes Ordinances and Provisions to be put in due Exercise and perfect Execution according to the effects as well of the said Statutes heretofore made as of this present Act and to hear examin and determin the same as is aforesaid Amercement And to assess such Fines upon the said Iustices of Peace § 7. N. 2. and upon every of them being Convict of any Defaults Negligences and Offences as is aforesaid as to their discretion shall be thought expedient for the Quality and Quantity of their Offences Officers And be it Enacted by the Authority aforesaid that all Sheriffs § 8. N. 1. Bayliffs Constables Head-Boroughs and all and singular other Officers and Ministers whatsoever as well within Liberty as without shall be attendant aiding and assisting to all and singular the said Iustices of Peace in and for the due Execution of this Act upon Pain to make such Fines as by the said Iustices of Peace or two of them shall be assessed to the Kings use by their discretions Justices Provided always § 9. N. 1. that this Statute shall not bind any Iustice of Peace or of Quorum to assemble or execute any thing in this Act or in any other Shire City Borough or place then in such Shire City Borough or place where he shall be resident and dwelling at that time when such Assembly shall be made by vertue of this Act Appearance Provided also § 10. N. 1. that such Lords and others which being Iustices of Peace or Quorum be or shall be of the Kings Privy Council attendant upon his Royal Person or any Principal Officer of his Highness House attendant upon his Office and other which shall happen to be appointed in his Highness Service by his Majesties Commandment shall not be compelled to assemble with the Iustices of Peace or Quorum in any Shire City or Borough or otherwise bounden to do or exercise by Authority of this Act than they be bound to do afore the making of this Act any thing or things contained in this Act to the contrary notwithstanding Prerog Provided also that the Iustices of either Bench § 11. N. 1. Barons of the Kings Exchequer the Kings Attorny and Solicitor and all other Iustices Officers and Ministers being bound to attend at the Terms shall not during their such attendance be compelled to hold or keep any Sessions in the limits divided to them upon the Assembly of the Iustices of Peace as is aforesaid Days And to the intent that the said Iustices Barons § 12. N. 1. and all other Officers and Ministers aforesaid may the better be once in the year at every Assembly aforesaid it is therefore Ordained by Authority of this Act that the Quarter Sessions holden after Easter shall be yearly kept upon the Tuesday next after Low-Sunday in every Shire of this Realm Wales and other the Kings Dominions § 13. N. 1. Provided always Franchise that this Act or any thing therein contained shall not in any wise extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge nor to any Town-Corporate or Liberty within either of the said Counties Palatine having Iustices of Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said Counties Palatine or either of them or within any Town-Corporate situate and being within either of the said Counties Palatine § 13. N. 2. But that the same Issues Fines Forfeitures Amercements Amercements and Penalties and every of them may be assessed taxed extracted returned certifyed and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted returned certifyed and levyed at any time before the making of this Act or should be assessed taxed extracted returned certifyed and levyed if this Act had never béen
if any such there be or otherwise by two Iustices of Peace for the time being of the respective Counties where the said Cities c. are § 11. N. 1. And be it likewise Enacted c. that the said Commissioners Oath Iustices of the Peace and other persons hereby authorized to administer the said Oaths and tender the said Declaration respectively shall cause Memorandums or Entries to be made of all Oaths taken before them and subscriptions made as aforesaid and deliver the same once in a Year to the respective Town-Clerks or other Register or Clerk of the said respective Cities c. who shall cause the same to be fairly Entred into the Books or Registries belonging to the said respective Cities c. Religion And it is Ordained c. that all and every Iustice of Oyer and Terminer 13 14 Car. 2. C. 1. § 3. N. 1. Iustices of Assize and Goal-delivery and the Iustices of the Peace shall have full Power and Authority in every of their open and General Sessions to Inquire Hear and Determine all and every the said Offences viz. of Quakers refusing Oath lawfully tendered or assembling above Five for Religious Worship c. within the limits of their Commission to them Directed and to make Process for the Execution of the same as they may do against any Person being Indicted before them of Trespass or lawfully Convicted thereof Imprisonment And be it also Enacted That it shall and may be lawful to and for any Iustice of Peace Mayor or other Chief Officer of any Corporation § 4. N. 1. within their several Iurisdictions to Committ to the Common Goal or bind over with sufficient Sureties to the Quarter-Sessions any Person c. offending in the Premises in order to his or their Conviction aforesaid Wayes And for the more spéedy reformation C. 2 § 24. N. 1. c. viz. of Paving the Streets hanging out Lights carrying away Dust and Hackney-Coaches c. Be it further Enacted c. That every one of his Majesties Iustices of either Bench and Barons of the Exchequer and every Iustice of Peace of the said Cities of London and Westminster c. within their several Limits respectively shall have Power and Authority upon his own Knowledge or View confession of the Party or proof of one credible Witness upon Oath before him which Oath by vertue of this Act such Iustice shall have Power to Administer to Convict any Person or Persons of any the Offences aforesaid whereby such Person or Persons so Convict shall Incur the Penalties and Forfeitures aforesaid one Moiety whereof shall be disposed and imployed for and towards the Reparation Paving and cleansing of the Stréets or Place where the Offence shall be Committed and as much or all of the other Moiety as the Iustices shall think fit for him or them that shall discover and prosecute the same in case the said Conviction be by such Discovery and Prosecution Process And if the Conviction be by the View or Knowledge of such Iustices N. 2. then the said whole Penalty to go and be Imployed for and towards the Repairing Paving and Cleansing of the said Stréet or Place shall be Levied by Distress and Sale of the Goods and Chattels of the Offender by Warrant under the Hand and Seal of any such Iustice to be directed to the Constable or any other Officer of the same Parish rendring the overplus to the Party and in default of Distress or not payment of the said Penalties within six dayes after demand thereof or notice in Writing left at the House or Dwelling place of the Offender by the said Constable or any other Officer the said Offender not being a Peer of this Realm shall be committed to the Common Goal of the said County or City respectively by the Warrant of any such Iustice under his Hand and Seal there to remain without Bail or Mainprise until payment Taxes And be it further Enacted § 26. N. 1. c. That within Twenty dayes after the Election and Confirmation of the said Scavengers c. the Constables Church-wardens and Overseers for the Poor and of the High-wayes of the said Parishes and Places respectively or the greater number of them giving notice unto or calling together such Inhabitants of their respective Parishes as have formerly born the like Office therein they or the greater number of them then present shall make and settle a Tax Rate or Assessment according to a pound rate to be imposed or set upon the Inhabitants of the said Parish Ward or Division for the Year following for the purposes aforesaid which being allowed and confirmed by any two of the Iustices of the Peace of the Places aforesaid respectively shall be Quarterly paid by every respective Inhabitant upon demand made thereof by the Beadle of the Parish or other Officer appointed to Gather and Collect the same Process And in case of refusal or neglect N. 2. shall by Warrant of any two Iustices of the Peace under their Hands and Seals be levyed by Distress and Sale of the Offenders Goods and for want of Distress by Imprisonment of the Offender c. War And the said Account so to be taken viz. by the Lieutenants C. 3. § 12. N. 2. c. of the Militia of the Treasurers Receivers c. shall be forthwith certified to the Lords of His Majesties most Honourable Privy Council and a Duplicate thereof shall be Certified to the Iustices of Peace at the next General Quarter Sessions § 19. N. 2. Which Oathes viz. of Allegiance and Supremacy Oaths and against taking Arms against the King c. any one Iustice of Peace of the respective Counties and Places aforesaid is Enabled to Administer to such respective Lieutenant viz. of the County before he act in Militia c. as is not a Peer of this Realm and the said Lieutenant or any one Iustice of the Peace of the respective Counties and Places aforesaid is Enabled to Administer to the respective Deputy-Lieutenants not being Péers c. C. 4. § 7. N. 2. Viz. Parson having Curate shall in Person read Common Prayers Religion c. upon pain to forfeit the Sum of Five Pounds to the use oft he Poor of the Parish for every Offence upon Conviction by Confession or Proof of two credible Witnesses upon Oath before two Iustices of the Peace of the County City or Town Corporate where the Offence shall be committed which Oath the said Iustices are hereby Impowered to Administer and in default of payment within ten dayes to be levied by Distress and Sale c. by the Warrant of the said Iustices c. § 21 N. 1. And that any two Iustices of the Peace of any County of this Kingdom Imprisonment c. and the Mayor or other Chief Magistrate of any City or Town Corporate within the same upon Certificate from the Ordinary of
2. c. That it shall and may be Lawful to and for any Iustice of the Peace of any County City Town or Liberty within c. viz. England Wales or Berwick by Warrant under his Hand and Seal to require the Sheriff Goaler or Kéeper of any Prison within his respective Iurisdiction to bring without delay the body of any Person being in Prison for Debt c. viz. on 14 April 1671. or Damages and petitioning such Iustice to be discharged to some Convenient place within the Distance of one mile from the said Prison N. 3. And shall certifie the Cause and Causes of the Imprisonment before the same Iustice Certificate § 2. N. 1. And in Case such Prisoner coming before such Iustice Oath shall take an Oath to this effect c. I A. B. upon my Corporal Oath solemnly profess and declare before Almighty God that I have not any Estate real or personal in Possession Reversion or Remainder of the value of Ten pounds in the whole or sufficient to pay the Debt or Damages for which I am Imprisoned N. 2. And that I have not directly or Indirectly sold leased Collusion or otherwise conveyed disposed of or entrusted all or any part of my Estate thereby to secure the same to receive or expect any profit or advantage thereof or defraud or deceive any Creditor or Creditors whatsoever to whom I stand Indebted § 3. N. 1. Then after the taking of such Oath Poor the said Iustice shall remand the Prisoner to Prison and shall give a Certificate thereof in Writing under his Hand and Seal to the same Prisoner to be served upon such Person c. his or her Executors or Administrators or to be left at the place of the usual abode of such Person c. at whose Suit the Prisoner standeth Charged and Imprisoned thereby appointing as well the said Person c. as the said Prisoner to appear before the Iustices at the next General Quarter-Sessions of the Peace to be holden for the same County City Town or Liberty N. 2. When if it shall appear upon Oath Execution which Oath the said Iustices are Impowered to Administer that the said Certificate was so served or left xl dayes or more before the said Sessions and that the said Oath taken by the said Prisoner be not disproved by good Testimony of any Credible Person c. upon Oath to be Administred by the said Iustices by vertue of this Act then the said Iustices being satisfied therewith shall direct their Warrant under their Hands and Seals commanding the said Sheriff Goaler or Kéeper of the Prison to set at Liberty and Discharge the said Prisoner if Imprisoned for the Causes aforesaid and no other without paying any thing for Fée or Chamber Rent N. 3. Which Warrant shall be a sufficient Discharge to the same Sheriff Escape Goaler or Kéeper of Prison and no Action of Escape or other Action shall be brought against them or any of them for the same in any wise § 4. N. 1. Provided also and be it Enacted c. That viz. after xl dayes Process and Oath not disproved then if such Creditor c. will not be satisfied therewith Poor that the said Prisoner c. may be set at Liberty or will Insist to have the said Prisoner continued in Goal that then the said Creditor c. shall at his and their own proper Costs and Charges allow and pay Wéekly a reasonable maintenance to the said Prisoner c. such as the said Commissioners of the Peace or any three of them in their respective Divisions shall order and appoint not exceeding xviii d. a-Week § 8. N. 1. Provided and be it Enacted c. That in Case any Sheriff Sheriff Goaler or Kéeper of Prison shall refuse or delay to bring or discharge or set at Liberty any Prisoner according to the Order of the Iustice or Iustices to be made in manner as aforesaid every such Sheriff c. shall forfeit and pay to such Prisoner detained contrary to such Order the Sum of One hundred pounds to be recovered by Action of Debt in any Court of Record and shall be also subject to any Fine and punishment as the said Iustices shall order or Award § 9. N. 5. Nor viz. Sheriffs Goalers or Keepers of Prisons c. shall not take nor receive any other or greater Sum c. viz. of Persons Arrested for Debt Fees for each Nights lodging or other Expenses then what is reasonable and fitting in such Cases or shall be so adjudged by the next Iustice of the Peace or at the next Quarter-Sessions § 10. N. 2. Nor shall demand take or receive of the said Person c. any other or greater Fée or Fées whatsoever for his her or their Commitment Imprisonment Release or Discharge or for his or their Chamber Rent then what is allowable by Law until the same shall be settled by thrée Iustices of the Peace whereof one to be of the Quorum of each particular County City and Town Corporate in their several Precincts and for the City of London and Counties of Middlesex and Surrey the two Lord Chief Iustices of the Kings-Bench and Common-Pleas and the Lord Chief Baron or any two of them and the Iustices of the Peace of the same in their several Iurisdictions Poor And likewise that the said Lord Chief Iustices Lord Chief Baron § 11. N. 1. and Iustices of Peace in their several Iurisdictions and all Commissioners for Charitable uses do their best endeavours and diligence to Examine and find out the several Legacies Gifts and Bequests bestowed and given for the benefit and advantage of the poor Prisoners for Debt in the several Goals and Prisons in this Kingdom and to send for any Deeds Wills Writings and Books of Accounts whatsoever and any Person c. concerned therein and to Examine them upon Oath and to make true discovery thereof which they have full Power and Authority hereby to do and the same so found out and ascertained to order and settle in some manner and way that the Prisoners hereafter may not be defrauded but receive the full benefit thereof according to the true Intent of the Donors Fees And that these Accounts of the several Legacies § 12. N. 1. Gifts and Bequests given and bestowed upon the several Prisoners for Debt within this Kingdom and the several Rates of Fées and the future Government of Prisons be signed and Confirmed by the Lord Chief Iustices and Lord Chief Baron or any two of them for the time being and the Iustices of the Peace in London Middlesex and Surrey and by the Iudges for the several Circuits and Iustices of Peace for the time being in their several Precincts and fairly written and hung up in a Table in every Goal and Prison before the first day of November 1671. and likewise be registred by each and every
the Assizes or Sessions of the Peace as it seemeth by the Commissioners of the Peace Lisence LII Dalt 31. Also it hath been agreed for Law that such Inns as have been Erected since the Statute 5 and 6 Ed. 6. 25. and were not Inns before ought to have Lisence and that such Inn-keepers are to be bound by Recognizance with sureties for keeping of good Orders as Ale-house-keepers are so Crompt 77. supra § 35. And yet at Lent-Assizes Anno 1621 Sir James Lee delivered in his Charge that Inns were Hosteries by the Common-Law and that every man might erect and keep an Inn or an Hostrey so as they were probi homines and dwelling in meet places but yet that they were not worthy of any allowance or Lisence under the Kings Great Seal c. Hutt 99. Nusance LIII Dalt 31. ibid. And he delivered further in his said Charge that if such Inns or Hosteries be used ad nocumentum populi Dom. Regis c. scil do keep any disorderly house contrary to the Law or be more in number then are needful and to the hindrance of other ancient and well governed Inns that then they may be therof Indicted at the Assizes or Sessions of the Peace and there may be either fined or suppresed and Sir James Lee told me after at his Lodging in Trinity Colledge that this was the opinion of all the other Judges upon a late Conference had amongst themselves Fult 99. Justices LIV. Dalt 31. ibid. But such Inns or Hosteries if they be inconvenient or disordered in respect either of the Inn-keeper or of the resort thither or that the place be unmeet they are to be supressed upon an Indictment found at the Assizes or Sessions And if they shall suffer Towns-men or other persons usually to tipple there they are to be punished as Alehouse-keepers without license for these Inns or Hosteries are to be allowed only for Travellers Hutt 100. Hostler LV. Hutt 99. Pl. 151. Memorandum That upon a Conference at Serjeants-Inn in Fleet-street 19 June 22 Jac. it was resolved and agreed by the Lord Chief Justice Sir James Lee the Lord Hobbard Baron Bromly Baron Denham Justice Hutton and Justice Jones That any one may erect an Inn for lodging of Travellers without license or allowance as well as any one before 5 6 Ed. 6. 25. might have kept a common Alehouse c. Dalt 31. cap. 7. License LVI Hutt 99. ibid. By the like reason viz. being not restrained all men may use the Trade of Inn-keeping unless it could be brought to be within the Statute 5 6 Ed. 6. 25. which hath never been taken to be subject to that Statute in point of License LVII Dalt 31. ibid. His Majesty viz. Hostler King James in his late Speech in the Star-Chamber Anno 1616. hath justly excepted against the abundance of Alehouses and more especially against the infamous and blind Alehouses as being haunts and receits for Robbers Thieves Rogues Vagabonds and other idle and sturdy Fellows and therefore here I thought good to put the Justices of Peace in mind that in allowing of Alehouses they have a regard as well to the person as the place for all persons are not fit to be allowed to be Alehouse-keepers neither are all places meet for an Alehouse infra 62. LVIII Dalt 29 32. cap. 7. Justices Any two Justices of the Peace the one being of the Quorum may remove discharge and put down any Alehouse where they shall think meet 5 6 Ed. 6. 25. and the Alehouse-keeper put down and discharged by any two such Justices of the Peace cannot be allowed again by any other two or more Justices of the Peace except it be in open Sessions as Sir Peter Warberton delivered in his Charge at Cambridge Assizes Anno 1613. LIX Dalt 32. ibid. License An Alehouse-keeper convicted and supressed for any of the former Offences viz. tippling disorder c. if he shall be licensed or allowed again by two or more Justices of the Peace within three years such License is void and he is to be punished as one victualling without License And so it was delivered by Sir Nicholas Hyde at Cambridge Assizes Anno 3 Car. 1. And so it seemeth if he were convicted rhough he were not suppressed if he be after licensed again within three years after such Conviction such License is void LX. Dalt 31. If the party be in Livery or a retainer to any man Ability Bailiff of a Hundred or Liberty Constable c. or be one that is not of good Fame Conversation or Government such persons are not fit to be allowed to be Alehouse-keepers see Fitz. N. B. That no Victualler ought to sell Victual so long as he is in Office c. infra 89. N. 2. 12 Ed. 2. 6. LXI Dalt 31 32. again dicitur Trades That no person using any Trade ought to be allowed to keep an Alehouse for that were to take away the means and so the life of another tam quaere inde for that by the Common-Law no man is prohibited to use divers Trades Dalt 81. 375. LXII Dalt 32. Lieu. Also in the Towns which are no thorow-fare the Justices shall do well to be sparing in allowing of any Alehouse except it be at the suit of the chief Inhabitants there and to supply the necessary wants of their Poor and then Canakers only to sell to the Poor and out of their doors would suffice if they were enabled by a Law Dalt 375. supra 57. LXIII Dalt 32. ibid. Lieu. also the Alehouses to be allowed are meetest to be about the midst of the Town but not to be in any blind corners where Thieves and Rogues may be harboured nor in places out of or distant from the Town except upon the River-side and where there is great need Dalt 375. supra LXIV West Presid 1 part § 557. A License to sell Ale W. K. and E. D. two Justices of Peace of our Sovereign c. Warwick ss in the County of W. to all Bailiffs Constables and other the Queens Majesties Officers Greeting c. Know ye That we the said W. K. and E. D. have licensed and by these presents do license G. J. of c. to sell Ale in his House at G. aforesaid for one whole year next ensuing the date hereof and have bound him by Recognizance with Sureties to the Queens Majesties use That they shall maintain good rule and not to use any unlawful Games or Meetings in his House but to do according to the Statute provided in that behalf In witness whereof we have subscribed our Names and hereunto have put our Seals the _____ day of c. in the 34th year c. License LXV West Presid 1 part § 558. A License to keep an Alehouse Berks. ss To all Justices of Peace Mayors Sheriffs Bailiffs and all other the Queens Majesties Officers and Subjects to whom it may appertain
Crompt 177. § 23. Boult 70. 71. Lamb. 572. infra Ale IV. 5 6 Ed. 6. 25. Alehouse-keepers to pay only 12 d. for recognizances Lambert 431. Crompt 176. § 10. Justices V. 5 Eliz. 4. § 38. N. 1. Fees of Justices of Peace sitting in Execuon of this Act of Labourers 5 s per diem Crompt 176. b. § 21. Licence VI. 27 Eliz. 4. § 10. N. To Clerk of the Peace c. for license of Kidder Drover Badger c. and for Recognisanzance 8 d. Register 4 d. Licence VII 1 Jac. 27. § 7. N. 1. Clerk of the Peace to take only 12 d. for licence to shoot in Hand-gun c. Inrolment VIII Lambert 4. cap. 4. pag. 430. 431. Enquiry in Sessions if the Clerk of the Peace have taken above 12 d. for the Inrollment of a Bargain and Sale of any Land not exceeding 40 s. per Annum or above 2 s. 6 d. if the Land exceed the value of 40 s. by the year 27 H. 8. 16. § 1. N. 4. Crompt 59. § 31. or have taken above 2 s. in all for any Licence or Recognizance of a Badger Drover Kidder or Lader and for the Registering thereof 5 Eliz. 12. § 6. N. 3. or have taken above 12 d. for a Recognizance of him that taketh a Rogue into his service for one year 14 Eliz. 5 § N. Crompt 59. b. § 32. 33. 177. Extortion IX Crompt 57 b. § 1. Nota the Commissioner § 6. gives power to the Justices of Peace to enquire of all Extortions generally Crompt 8. b. § 33. Officer X. Crompt 175. b. 176. § 5. The Commission gives power to the Justices of Peace to enquire of Extortions and therefore where a Statute gives Fees to an Officer who takes more the Justices of Peace may inquire thereof tho the Statute doth not give it Justices XI Crompt 176. § 9. It s said that a Justice of Peace shall have for his Fee for every Recognisance taken by him of the Peace 2 s. and for Recognisance of the Bailment of a Prisoner 2 s. and for every Supersedeas of the Peace 2 s. for every Warrant of the Peace under his Seal 2 s. and for recording a release of the Peace 2 s. and for a Precept which toucheth the Peace 4 d. XII Crompt 177. Ab. § 32. Lords of Franchises shall by 12 R. 2. 10 § 1. N. 5. be contributory to the Wages of the Justices of Peace Franchise and this shall be intended that if any Lord of a Franchise hath the Fines and Amerciaments of all his Tenants and Inhabitants within such a Vill where c. that the Fines and Amerciaments shall be rated for the Portion and the Sheriff shall retain so much of them when the Lord demands them in the Exchequer and if the Lord may levy them by his Officers as he may by the Kings Grant then the Justices of Peace shall be paid by the Lord himself Marrow Lect. 10. Boult 2. cap. 22. pag. 70. XIII Crompt 177. b. Justices Every one of the eight Justices who is not a Baron or c. who comes to the Quarter Sessions shall have 4 s. by the day that they serve there and their Clerk viz. the Clerk of the Peace 2 s. 12 Rich. 2. 10. Boult 70 71. XIV Crompt 177. b. Constable The Constable who arrests one that is like to make an affray shall take no Fine nor Fee of him for his deliverance by Marrow Lect. 7. XV. Crompt 177. b. The Clerk of the Peace shall have for every Recognizance of the Peace taken in Court 2 s. Officer and for every release of the Peace 2 s. and for awarding Process against any one to find surety of the Peace 2 s. XVI Boult 2. cap. 22. pag. 70 71. and hereof viz. on 14 R. 2. 11. Justices also Mr. Marrow collecteth that how many soever Commissioners of the Peace there shall be assembled at these Sessions yet only eight of them shall receive the Wages because that at such time as these Wages were first appointed the Law did take knowledge and make allowance only of eight Justices and no more Crompt 177. b. XVII Boult 71. ib. Exchequer And Marrow also maketh it doubtful whether it be not in the power of the Barons of the Exchequer to appoint which eight when more be assembled at the Sessions shall have the Wages paid unto them but it seemeth by 14 R. 2. 11. § 1. N. 3. that the Sheriff shall first pay the Wages and then the Barons shall make the allowance according to the Indenture so that I see no liberty of such nomination left unto the Barons Lambert 572. XVIII Bolt 2. cap. 22. pag. 71. Justices It would be somewhat hard indeed to strain 14 R. 2. 11. § 1. N. 2. so far as to give Wages thereby to so many Justices as be now at these days in every Shire and would be present at the Sessions and it might breed both offence against the Sheriff and a jealousie among the Justices themselves to have one of them preferred before another in this payment and therefore I think it wisely done as it is somewhere used to bestow the whole allowance upon the defraying of their common diet XIX Bolt 71. ibid. If the Fines and Amerciaments of the same Sessions Amerciaments saith Mr. Marrow will not fully amount to the sum of the Wages then due to the Justices yet shall the Wages be valuably payd out of them so far as they will extend XX. Polt de Pace 90. § 38. Extortion If a man Indicted and Arraigned of Felony doth plead and shew forth the King's Pardon of the same Felony which is allowed by the Court whereupon he doth pay and give his Fees of Gloves to the Justices and the other Officers of the Court this is no Extortion but an Ancient Fee and lawfully due unto them 4. Edw. 4. 10. XXI Lambert 572. the Statute 12 Rich. 2. 10. § 1. N. 5. had allowed to every of eight Justices of the Peace four shillings by the day Justices for the time of their Quarter Sessions to be paid by the hands of the Sheriff of the Fines and Amerciaments coming of the same Sessions But because it was soon after seen that it was a great delay to the Justices of Peace in this payment to expect the levyings of those Fines and Amerciaments by Estreats first sent up to the Exchequers and then delivered thence to the Sheriff which was at that time the common manner of levying Fines and Amerciaments therefore it was within two years after viz. 14. R. 2. 11. § 1. N. 3. provided that the Estreats of the Justices of Peace should be indented or doubled and the one part thereof delivered by them to the Sheriff to the intent that he may levy the mony thereof rising and pay the Justices their Wages by Indenture between him and them to be made and the
Barons of the Exchequer may charge and allow him upon the making of his account accordingly and hereby as I think the Estreats of the Justices of the Peace be now an immediate Warrant to the Sheriff to levy c. Lambert 616. Justices XXII Lambert 4. cap. 21. pag. 615. Whilst it was at the liberty of the Justices of Peace to hold their Quarter Sessions as short time as they would the Law did not allow them any Wages for their pains but when 12 R. 2. 10. § 1. N. 5. had bound them under pain of punishment to continue their Sessions three days together if the affairs of the Office did so require the same Statute thought it meet also to allow every of them four Shillings by the day to be paid by the hands of the Sheriff out of the Fines and Amerciaments rising of the same Sessions and that the Lords of Franchises should be contributors to those Wages c. Indictment XIII Lambert 619. A Justice of Peace may also be Indicted of the unlawful taking of money for doing of his Office or of such other falsity F.N.B. 243. E. 27. Ass 8. Presentment c. Br. 23. 9 H. 660. Judges Br. 2. XXIV West Symb. 2 part 105 b. sect 108. an Indictment of Extortion against a Coroner on 1 H. 8. cap. 7. Essex ss Juratores pro Domino Rege super Sacramentum suum presentant quod cum per Statutum in Parliamento Domini Henrici nuper Regis Angl ' 8. Anno Regni sui primo ordinat ' est stabilit ' existit quod super requisitionem Coronator ' fact ' ad veniend ' inquirend ' super visum corporis alicujus personae per infortunium occisae mersae seu aliter mortuae coronat ' predict ' diligenter faceret officium super visum corporis cujuscunque talis personae vel personarum absque aliqua de pro vel inde capiend ' sub poena quod quilibet coronator qui officio suo ut predict ' est fungi recusaverit vel rem aliquam caperet pro functione officii predicti super visum corporis alicujus personae mortuae per infortunium pro quolibet tempore 40 s. prout in Statut ' predict ' plenius continetur Quidam tamen W. B. de H. in Com. predict Generosus 12 die Decemb. c. ad tunc existens unius coronator ' dicti Domini Regis in Comitat ' predict ' apud M. in Com' predict ' colore officii sui predict ' extorsive injuriose cepit pro feodo suo 20 solid de quodam Roberto S. de B. in Com' predict ' Yeoman pro executione officii sui predict ' super visum corporis cujusdem Johannis C. nuper de B. in Com' E. predict ' Laborer qui apud B. predict ' in Com' E. predict ' quarto die predict ' Octob. Anno c. per infortunium occisus fuit in contempt ' dicti Domini Regis ad grave Damnum ipsius R.S. contra formam Statut ' predict ' diversorum aliorum Statut ' inde edit c. promis Crompt J.P. 248. b. Pl. 55. 2. ibid. sect 109. The like on the same Statute 1 H. 8. cap. 7. Essex ss Inquiratur pro Domino Rege si A. C. de B. in Com' E. Gen ' 6. die Junii Anno Regni c. unus Coronator ' dicti Domini Regis in dicto Com' E. ad tunc existens apud B. predict ' in Com' E. predict ' colore officii sui predict extorsive cepit pro feodo suo 20 solid de quodam J. S. in dicto Com' Generos ' in pro functione executione officii sui predicti super visum corporis R. N. nuper de B. predict ' in Com' E. predict ' qui quidem R.N. 5 die Mensis Junii predict ' Anno supradict ' apud B. predict ' in Com' E. predict ' Casu ab equo suo per infortunium fuit occisus in magnum dicti Domini Regis contempt ' ac contra form ' Statut ' in Parliamento Domini Henrici nuper Regis Angl ' 8. tent ' Anno Regni sui primo in hujusmodi casu provisi ac editi Lambert Precedents 15 b. Pl. 41. XXV West Symb. 2. part 10 b. sect 110. Leather an Idictment of Extortion against an Escheators servant See 23 H. 6. cap. 17. 5 Eliz. 8 c. Crompt 248 b. pl. 56. Essex ss Juratores pro Domino Rege super Sacramentum suum presentant quod R. Bennet de P. in Com. E. predict ' Yeoman serviens minister cujusdam B.T. Eschaetor ' dicti Domini Regis Com' predict ' 15 die Julii Anno Regni c. apud W. in Com' predict ' domum Mansionalem cujusdem J. M. fregit intravit 6. tergora Corii vocat ' 6 Hydes of green Leather ad valent ' 8 l. 6 duodenas Pellium vitulorum vocat ' 6 dozen of Calves Skins ad valent ' 4 l. 10 s. quae quidem tergora pelles adtunc ibidem invent ' colore officii sui extorsive injuste cepit seisivit asportavit ad grave damnum ipsius J. contra leges ordinationes Dominae Elizabeth ' nuper Reginae Regni sui Angl ' contra form ' diversorum Statut ' in hujusmodi casu edit ' provis XXVI West Symb. 2. part 106. sect 111. An Indictment against a Register in the Spiritual Court for Extortion upon 21 H. 8. 5. Lamberts Precedents 15. b. pl. 42. Essex ss Juratores pro Domino Rege super Sacramentum suum presentant quod A.B. de C. in dicto Com' E. Generos ' primo die mensis Augusti Anno Regni c. ad tunc Scriba seu Registerius reverendi in Christo Patris D. tunc permissione divina Archiepiscopi E. existens apud M. in Com' E. predict ' colore officii sui predict ' extorsive ac injuriose cepit de quodam I. S. de M. predict ' in dicto Com' E. Tanner duos solidos legalis monetae Angliae pro feodo ipsius A. B. pro scriptione probationis unius Testamenti cujusdam R. N. Qui quidem R. N. apud M. predict infra Dioces ' dicti D. Archiepiscopi 24. die Junii Anno supradict ' mortuus est ubi re vera idem Testament tunc ibidem allatum est ad dictum Scribam sive Registrarium per dict' I. S. in pergameno script ' ubi omnia bona jura credita dicti R. N. dicto tempore dictae mortis suae non excedebant summam quinque librarum ubi etiam tota dict' script ' probationis testament ' predict ' per prefat ' Scribam sive Registrarium sic ut prefertur fact ' non continebat in se 40 lin quorum quaeque linea erat 12 Policem in logitudine in magnum dicti Domini Regis contempt ' ac contra formam cujusd ' Statut ' in Parliamento Domini Henrici nuper Regis Angliae 8.
Dalt 2. cap. 1. 3. The Justices of C. B. and Barons of the Eschequer be Conservators within special places only that is to say within the Precincts of their several Courts so also the Justices of Assize may Award a Man to Prison that breaketh the Peace in their presence and they may command the keeping of the Peace under a pain and that Weapons be taken from the Jurors or Witnesses that appear before them if any complaint be thereupon made but as they be meerly Justices of Assize they can neither take Surety of the Peace nor Award any Process for it by Marrow Dalt 2. cap. 1. 4. The Justices of Goal-delivery may take Surety for the Peace of a Prisoner before them that was committed for not finding Surety of the Peace by Marrow 5. The Coronors saith Britton 3. be principal Conservators of the Peace within their Counties and every Sheriff is a Conservator of the Peace within his County as Judge Fineux affirmed 12 H. 7. 17. and after him F. N. B. 81. D. where he saith that the Sheriff may upon request made and without any Writ sent unto him command a Man to find Surety of the Peace by Recognizance Crompt 196 b. Infra Dalt 3 c. 1. 6. The Steward of the Marshalsey may take Surety of the Peace by Recognizance also within the Verge by Prescription Dalt 2. cap. 1. And the Constable and Marshall of the Kings House may see to the Conservation of the Peace within the same House by Marrow 7. The Steward of the Sheriffs Turn the Steward in a Leet or the Steward in a Court of Pypowders cannot grant Surety of the Peace unless it be by Prescription Dalt 2. cap. 1. XI Kilb. Precedents 190. Bailmen◠A Recognizance to appear and Answer for Felony Memorand ' quod 20 die Maij Anno Regni Domini Caroli Secundi c. R. C. de L. Generos E. C. de L. predict Generos J. B. de eodem Gen. M. C. de Eodem Yeoman venerunt coram me J. H. Armiger ' uno Justiciar ' dicti Domini Regis ad Pacem in Com. predict conservand ' Assignat ' manuceperunt per R.B. de L. in Com. predict Gent. viz. Quilibet eorum corpus pro corpore quod idem R. B. personaliter comparebit coram prefatis Justiciarijs Socijs suis ad proximam Generalem Sessionem Pacis in Com. predict tenend ' ad stand ' Rect. in Curia si quis versus eos tunc loqui voluerit de diversis Felonijs Transgressionibus unde idem R. B. Indictatus existit ut dicitur ad respondendum dicto Domino de eisdem porut debet Datum c. XII Crompt 196. § 1. Justices A Justice of the Peace may take Recognizances of the Peace because he is a Judge of Record and yet the Commission doth not give it F. N. B. 80. Dalt 170. cap. 70. XIII Crompt 196. § 4. Justices of Peace Mayors Bayliffs Vicounts Games and every other Chief Officers who find or know of any other using or exercising any unlawful Game against 33 H. 8. 9. § 14. N. 3. may bind them by Obligation to the Kings use in such Sum as they conclude reasonable that they shall not use such unlawful Games afterwards Crompt 197 b. § 2 b. XIV Crompt 196. § 5. Sepersedeas Justices of Assize out of their Places granting the Peace Another Justice of Peace there may make a Supersedeas but not where it s granted sitting the Court as I heard was done at Derby 43 Eliz. Quaere Dalt 168. cap. 69. Ale XV. Crompt 196. § 6. Justices of Peace may take a Recognizance of such who have Licence to keep an Alehouse for keeping of good rule and that they shall not use unlawful Games there 5 6 Ed. 6. 25. § N. Variance XVI Crompt 196 b. § 7. If a Statute gives Power to a Justice of Peace to take a Recognizance or Obligation for any Cause and the Justice of Peace inserts therein any other Cause it seemeth that the whole Recognizance shall be void as Com. 62. c. Bastardy XVII Crompt 196 b. § 8. Quaere If a Justice of Peace may by his Discretion bind a Man to the good behaviour who hath gotten a Woman with Child to be forth-coming until the delivery because that otherwise paradventure he will flie but 18 Eliz. 3. § 2. N. 3. doth not give this but it seemeth reasonable Lambert 119. Dalt 191. Cap. 75. Process XVIII Crompt 196. § 9. A Justice of Peace cannot Award process upon a Recognizance forfeit before them as it seemeth but must certifie it unto the Chancery B. R. or Exchequer by 3 H. 7. 1. § 1 N. 26. Dalt 173. cap. 70. Peace Br. 11. infra Constable XIX Crompt 196. § 10. A Constable may bind a Man by Obligation to keep the Peace 10 Ed. 4. 18. Surety Br. 26. Recognizance Br. 14. but 3 H. 4. 9. Surety Br. 23. Contra. as to the Obligation with Penalty Dalt 4. cap. 1. 2. Lambert 14. 15. These Constables were ordained as it appeareth 3 H. 4. 9. Surety Br. 23. 10. H. 4. and Fitzh 172. to keep the Peace and to repress Felons and might take Surety of the Peace by Obligation if they found any Man making an Affray or otherwise commit him to Prison untill he should find such Surety I have read also that a Constable might at the common Law have Bailed a Suspect of Felony by Obligation because he was a Conservator of the Peace And that both he and the Sheriff lost this Authority by 3 H. 7. 3. § 1. N. 5. 1 2 Ph. Mar. 13. § 5. N. 2. the which Statutes in giving that Power to Justices of Peace do in the Opinion of some Men take it from the Sheriff and Constable reported by Dalison Justice Supra Sheriffs XX. Crompt 196. § 13. A Sheriff may take a Recognizance of the Peace Virtute Officij as it seemeth F. N. B. 81. D. supra because its an Office of Record Quaere tamen Cattle XXI Crompt 196. § 14. Justices of Peace in their Sessions may take a Recognizance of Badgers and Drovers that they shall not forestall nor ingross nor do any other thing against the Statute of 5 6 Ed. 6. 14. Poor XXII Crompt 196 b. § 15. A Justice of Peace in Sessions may take a Recognizance of him that takes a Rogue in Service to appear at the same Sessions a year next after 14 Eliz. 5. § N. Fowl XXIII Crompt 196 b. 197 a. § 16. A Justice of Peace may bind a Man for two years that he shall not kill nor take Phesants nor Patridges against the Statute 23 Eliz. 10. § 2. N. 5. And it seemeth it shall be by Recognizance and yet the Statute doth not say whether it shall be by Recognizance or otherwise and so he may bind him that Hawks in anothers Corn contrary to the said Statute
Exemplification to him directed to be delivered to the Iustices of the Peace in his County named of the Quorum or to one of them to remain with such Iustices which be or shall be for the better putting of the foresaid Statutes and Ordinances in due Execution Sheriffs And in Shires where divers Commissions of the Peace be made § 1. N. 5 there shall be so many Exemplifications of the Statutes and Ordinances aforesaid made as be Commissioners of the Peace in the same Shires and sent to the Sheriffs to make Proclamation and to deliver the same as is aforesaid Justices And that the Iustices of Peace in every Shire named of the Quorum § 2. N. 1. be resident within the same Shire except Lords named in the Commission of the Peace and also except Iustices of the one Bench and of the other the cheif Baron of the Exchequer Serjeants at the Law and the Kings Atturney be attending and occupyed in the Kings Courts or otherwise in some other place occupyed in the Kings Service Days And make their Sessions four times by the year § 2. N. 2. that is to say in the first week after the Feast of St. Michael and in the first week after the Epiphany and in the first week after the Clause of Easter and in the first week after the Translation of St. Thomas the Martyr and more often if need be 36 Ed. 3. Cap. 12. and 25 Ed. 3. Cap. 8. and 14 H. 6. Cap. 4. § 1. N. 4. And that the same Iustices hold their Sessions throughout the Realm of England in the same weeks every year from henceforth 12 Rich. 2. § 2. N. 3. Cap. 10. § 1. N. 2. Apprentice And also the Iustices of Peace from henceforth have power to Examin § 2. N. 4. as well all manner of Labourers Servants and their Masters as Artificers by their Oaths of all things by them done contrary to their said Ordinances and Statutes and upon that to punish them upon their confession after the effect of the Statutes and Ordinances aforesaid as though they were Convict by Enquest Sheriffs And that the Sheriff in every Shire of the Realm of England § 2. N. 5. shall do well and duly his Office in this behalf upon pain to loose and to forfeit to our Lord the King twenty pounds Religion And moreover that the Iustices of the Kings Bench Cap. 7. § 1. N. 9. and Iustices of the Peace and Iustices of Assise have full power to enquire of all them which hold any Errors or Heresies as Lollards and which be their Maintainers Favourers and Sustainers Comon-writers of such Books as well of the Sermons as of their Schools Conventicles Congregations and Confederacies and that this Clause be put in Commssions of the Iustices of the Peace Riot Item Cap. 8. Whereas it is contained in the Statute made the thirteenth year of the noble King Henry Father to our Lord the King that now is viz. 13 H 4. Cap. 7 amongst other things that if any Riot Assembly or Rout of people against the Law be made in any part of the Realm then the Iustices of the Peace three or two of them at the least and the Sheriff or under Sheriff of the County where such Riot Assembly or Rout shall be made hereafter should come with the power of the said County if need were to arrest them and them should arrest 19. H. 7. Cap. 13. § 1. N. 2. And viz. 13 H. 4. Cap. 7. § 1. N. 2. the same Iustices Record Sheriffs or under Sheriffs should have power to record that which they find so done in their presence against the Law and viz. 13 H. 4. Cap. 7. § 1. N. 2. that by Record of the same Iustices Sheriff or under Sheriff such Trespassers or Offenders should be Convict in manner and form as is contained in the Statute of forcible entries 19 H. 7. Cap. 13. § 1. N. 2. 3. § 1. N. 3. And viz. 13 H. 4. Cap. 7. § 1. N. 4. Enquest if it happen that such Trespassers or Offenders were departed before the coming of the Iustices Sheriff or under Sheriff that the same Iustices three or two of them shall diligently enquire within a month after such Riot Assembly or Rout of people so made and the same hear and determin according to the Law of the Land § 1. N. 4. And viz. 13 H. 4. Cap. 7. § 2. Certificat N. 1 if the truth could not be found in manner as afore is said within a month then next ensuing the said Iustices three or two of them and the Sheriff or under Sheriff shall certifie before the King and his Counsel the Deed and circumstance of the same viz. 13 H. 4. Cap. 7. § 2. N. 2. which Certificat shall be of like force as the Presentment of twelve men upon which Certificat the said Trespassers and Offenders shall be put to Answer § 1. N. 5. And viz. 13 H. 4. Cap. 7. § 2. N 2. Judgement they which be found guilty should be punished according to the discretion of the King and his Counsel § 1. N. 6. And viz. 13. H. 4. Cap. 7. § 4. N. 1. Justices moreover that the Iustices of Peace dwelling neerest in every County where such Rout Assembly and Riot of people should be made hereafter together with the Sheriff or under Sheriff of the same Counties and also the Iustices of Assise for the time that they shall be in their Sessions in case that any such Riot Assembly or Rout be made in their presence shall make Execution of this Statute every one of them upon pain of 100 l. to be paid to the King as often as they shall be found in default of Execution of the same Statute § 1. N. 7. And forasmuch as many Riots Routs Process and Assemblies have been made in divers parts of the Realm since the making and proclamation of the same Statute viz. 13. H. 4. Cap. 7. because that the same Statute hath not been put in due Execution as our Soveraign Lord the King perceived by divers and grievous complaints to him made in this present Parliament § 1. N. 8. The same our Lord the King willing hereof to provide a better remedy Riot by the advice and assent aforesaid and at the suit of the said Commons hath ordained and established that if default be found in the said two Iustices of the Peace or Iustices of Assise and the Sheriff or under Sheriff of the County where such Riot Assembly or Rout shall be made touching the Execution that they ought to make by Virtue of the said Statute viz. 13. H. 4. Cap. 7. and whereof the said Statute maketh mention that then at the instance of the party greived the Kings Commission shall go out under his great Seal to enquire as well of the truth of the Case and of the Original matter
for the party Complainant as of the Default or Defaults of the said Iustices Sheriff or under Sheriff in this behalf supposed to be directed to sufficient and indifferent persons at the nomination and by the direction of the Chancellor of the Realm of England § 1. N. 9. And that the said Commissioners presently shall return into the Chancery the Enquests and matters before them Return in this behalf taken and found § 1. N. 10. And moreover that the Coroners of the same County for the time being Enquest in which Country such Riot Assembly and Rout shall be made shall make the Pannel upon the said Commission returnable for the time that the Sheriff so supposed in default shall continue in his Office Enquest Which Coroners shall return no persons § 1. N. 11. but only such which have Lands Tenements or Rents to the value of ten pounds by the year at least Coron And also that the same Coroners shall return upon every of the said persons impanelled at the first day when Issues be to be left 20 s. at least § 1. N. 12. and at the second day 40 s. at least and at the third day 100 s at least and at every day after the double at the least which Issues so returned in respect of nonappearances of such persons Impanelled shall be adjudged as forfeit to the King and Lyable to his use Return And if default be found in the said Coroners § 1. N. 13. touching the returne of such persons to be Impanelled or touching the return of such Issues as afore is said that every of them shall forfeit to the Kings use Forty pounds Sheriff And if it happen the said Sheriff so reputed in default § 1. N. 14. be discharged of his Office at the time that such Commission shall be awarded out of the Chancery that then the new Sheriff of the same County his Successor mediat or immediat for the time being and not the Coroners of the same County shall make the Pannel upon this Commission retornable in manner and form as the said Coroners should do in time when the Sheriff so reputed in default Continued in his Office Sheriff And that the same new Sheriff § 1. N. 15. shall incur like pain of Forty pounds to the King if any default in him be found touching the returne of other person by him Impannelled which have not Lands Tenements or Rents to the valve of Ten pounds by the Year or of returning such Issues which the Coroners be above charged to return as the said Coroners are to lose to the King in this behalf Chancery And that the Chancellour of England § 1. N. 16. for the time being as soon as he may have knowledge of such Riot Assembly or Rout shall cause to be sent the Kings Writ to the Iustices of the Peace and to the Sheriff or under Sheriff of the County where they be so made that they shall put the Statute viz. 13 H. 4. Cap. 7. in Execution upon the pain Contained in the same Execution And though that such Writ come not to the said Iustices § 1. N. 17. Sheriff or under Sheriff they shall not be excused of the pain aforesaid if they make not Execution of the said Statute viz. 13. H. 4. Cap. 7. Fees Provided alwayes that the said Iustices § 2. N. 1. and other Officers aforesaid shall execute their offices aforesaid at the Kings costs in going and Continuing in doing their said Offices by payment thereof to be made by the Sheriff of the same County for the time being by Indenture betwixt the Sheriff and the said Iustices and other Officers aforesaid to be made of the payment aforesaid whereof the said Sheriff upon his account in the Exchequer may have due allowance Riot And that such Rioters attainted of great and hainous Riots shall have one whole years Imprisonment at the least without being let out of Prison by Bayl Mainprise or in other manner § 2. N. 2. during the year aforesaid Imprisonment And that the Rioters attainted of pety Riots § 2. N. 3. shall have Imprisonment as best shall seem meet to the King or to his Counsel Americament And that the Fines of such Rioters attainted § 2. N. 4. shall be by the said Iustices increased and put to greater sums then they were wont to be put in such cases before the time in aid and Supportation of the Iustices and other Officers aforesaid in this behalf Process And that the Kings Leige people being sufficient to Travel in the County where such Routs Assemblies or Riots be § 2. N. 5. shall be Assistant to the Iustices Commissioners and Sheriff or under Sheriff in aid to resist such Riots Routs and Assemblies upon pain of Imprisonment and to make Fine and Ransom to the King Franchise And that the Bayliffs of Franchises shall cause to be Impannelled sufficient persons as before § 2. N. 6. upon pain to loose to the King Forty pounds in case that such sufficient persons may be found within the same Franchises § 2. N. 7. And that like Ordinances and payments shall hold place and take effect in Cities Burroughs and other places and Towns Corporation Infranchised which have Iustices of the Peace within the Cities Burroughs Towns and other places aforesaid § 2. N. 8. And that this Statute shall begin to hold place presently after the Proclamation thereof made Dayes Cap. 9. § 2. N. 1. Provided alwayes that the suggestions of such Riots viz. by persons fled to places unknown be testified to the Chancellor of England Riot by Letters sealed under the Seals of two Iustices of Peace at the least and the Sheriff of the County where such Riots shall be made before that the Writ of Capias be granted 8 H. 6. Cap. 14. § 2. N. 1. 2 H. 5. St. 2. p. 217. Our Lord the King at his Parliament holden at Westminster the Monday next after the Utas of St. Martin the second year of his Reign Parliament by the Advice and Assent of the Lords Spiritual and Temporal and at the special Instance and request of the Commons of his Realm then there Assembled hath ordained and established divers Ordinances and Statutes in the manner and form as followeth Cap. 1. First Justices that the Iustices of the Peace from henceforth to be made within the Counties of England shall be made of most sufficient persons dwelling in the same Counties by the advice of the Chancellor and of the Kings Counsel without taking other persons dwelling in Forraign Counties to execute such Office except the Lords and the Iustices of Assises now named and to be named by the King and his Counsel and except all the Kings cheif Stewards of the Lands and Seigniories of the Dutchy of Lancaster in the North parts and in the
requisite Process such and so many persons as by their Discretion have or shall have best experience in the Occupation of making of Tile to search or examin in the digging casting turning parting making whitning and anealing aforesaid § 1. N. 18. And if the same Searchers or any of them do find Indictment that any person or persons exercising the Occupation of Tile-making do offend contrary to this Ordinance that then the same Searchers shall present such Defaults before the Iustices of Peace at their next Sessions § 1. N. 19. And that every such Presentment shall be as strong and effectual in the Law as the Presentment of twelve men Enquest § 1. N. 12. And that the Iustices of Peace shall have power to examin Justices Enquire and determin the Defaults of such Searchers in the Premises in like form as above is ordained for the Defaults of Tile-makers Statuta Rich. 3. Bayl. BE it enacted 1 R. 3. Cap. 3. § 1. N. 2. c. that every Iustice of Peace in every Shire City or Town shall have Authority and Power by his or their Discretion to Let such Prisoners and Persons so arrested Viz. on malice or light Suspition of Felony to Bail or Mainprize in like form as though the same Prisoners or Persons were Indicted thereof of record before the same Iustices in their Sessions 3 H. 7. Cap. 3. § 1. N. 7. and 34 Ed. 3. 1. § 1. N. 6. Coron And that Iustices of Peace have Authority to Enquire in their Sessions § 1. N. 3. of all manner Escapes of every person Arrested and Imprisoned for Felony Fines And it is Ordained c. that a like Transcript of the same Fine Cap. 7. § 2. N. 1. viz. in C. B. shall be sent to the Iustices of Peace of the County where the said Lands c. be they to cause open and solemn Proclamation of the said Fine to be made at four general Sessions of the Peace to be holden the same year Statuta Hen. 7. Forest THE King our Soveraign Lord c. Ordained 1 H. 7. Cap. 7. § 1. N. 3. that at every such time as Information shall be made of any such unlawful Huntings viz. in Forests Parks and Warrens by night or with painted faces hereafter to be done to any of the Kings Counsel or to any of the Iustices of the Kings Peace of the County where any such Hunting shall be had of any person to be suspect thereof that then it shall be lawful to any of the said Iustices of Peace or Counsel to whom any such Information shall be made to make a Warrant to the Sheriff of such County or to any Constable Bailiff or other Officer within the same County to take and arrest the same person or persons of whom any such Information shall be had and to have him or them before the Maker of any such Warrant or any other the Kings said Counsel or Iustice of his place of the same County Justices And that the said Counsellor or Iustice of Peace afore whom such person or persons shall be brought § 1. N. 4. by his Discretion have power to examin him or them so brought afore the said Counsellor or Iustice of the said Hunting and of the said Defaults in that behalf Amercement And if he then confess truth § 1. N. 6. and all that he shall be examined of and knoweth in that behalf that then the said Offences of Huntings by him done be against the King our Soveraign Lord but Tresspass Finable by reason of the same Confession at the next general Sessions of the Peace to be holden in the same County by the Kings Iustices of the same Sessions there to be Sessed Enquest And over that 3 H. 7. C. 1. § 1. N. 4. viz. besides the Star Chambers Jurisdictions it is Ordained c. that the Iustices of Peace of every Shire of this Realm for the time being may take by their Discretion an Enquest whereof every man shall have Lands and Tenements to the yearly value of forty shillings at the least to enquire of the Concealments of other Enquests taken afore them and afore other of such matters and Offences as are to be enquired and presented before Iustices of Peace whereof Complaint shall be made by Bill or Bills as well within Franchis as without Amercement And if any such Concealment be found of any Enquest as is afore rehersed had or made within the year after the said Concealment § 1. N. 5. every person of the same Enquest to be Amerced for the same Concealments by Discretion of the same Iustices of the Peace the said Amercements to be Sessed in plain Sessions §. 1 N. 21. And also Iustices of Peace have Power to enquire of such Escapes Escape viz. of Murderers in the Day and that to certifie before the King in his Bench. § 1. N. 26. And also it is Ordained by the same Authority Peace that every Iustice of Peace within this Realm that shall take any Recognizance for the keeping of the Peace that the same Iustice do certifie send or bring the same Recognizance at the next Sessions of the Peace where he is or hath been Iustice that the party so bound may be called § 1. N. 27. And if the party make Default Justices the same Default then there to be recorded and the same Recognizance with the Record of the same Default be sent and certified into the Chancery or afore the King in his Bench or into the Kings Exchequer Cap. 3. § 1. N. 3. Wherefore the King c. hath ordained Bail c. that the Iustices of Peace in every Shire City or Town or two of them at the least whereof one to be of the Quorum have Authority and Power to Let any such Prisoners or persons mainpernable by the Law that have been Imprisoned within their several Counties City or Town to Bail or Mainprize unto their next general Sessions or unto the next Goal-Delivery of the same Goals in every Shire City or Town as well within Franchises as without where any Goals be or hereafter shall be 1 2 Ph. Mary 13. § 1. N. 2. § 1. N. 4. And that the said Iustices of the Peace or one of them Certificate so taking any such Bail or Mainprize do certifie the same at the next general Sessions of the Peace or the next Goal-Delivery of any such Goal within every such County City or Town next following after any such Bail or Mainprize so taken upon pain to forfeit unto the King for every Default thereupon recorded 10 l. § 1. N. 7. And that the foresaid Act viz. 1 R. 3 Cap. 3. § 1. N. 2. Joynder giving Authority and Power in the Premisses to any Austice of the Peace by himself be in that behalf utterly Void and of none Effect by
be enacted by the said Authority § 1. N. 15. that by the discretion of the said Iustices and as they see need every of the said Master or Masters Principal or Principals Leader or Leaders and other the said Offenders so convict be bound to the Kings peace from thence forth in such Sums of mony as shall be considered by the said Iustices and the said Surety to stand by the discretion of the said Iustices Riot And if it be so § 1. N. 16. that if the said Riot and unlawful Assembly be commited with the number of forty persons or above or with less number than forty and that by discretion of the Iustices it be thought heinous that then if the said Master or Masters Principal or Principals Leader or Leaders that have appeared and so thereof be convict that then they remain in Prison unto the time that they have found sufficient Surety to appear before the King and his Council at a certain day by the said Iustices to be limited Records At the which day or afore § 1. N. 17. the Keeper of the Gaol Rolls of the said Records shall do to be sent under his Seal the said whole Record of the convictiton to the King our Sovereign Lord and his Council to the intent that his Highness and his Council may award such Imprisonment and Fines of the said Master or Masters Principal or Principals Leader or Leaders as by his Highness and his said Council shall be thought convenient Damages And if the Party Complainant § 1. N. 18. as is aforesaid cannot prove the matter of his said Bill to be true then he to pay reasonable costs and damages of the Partie vexed as shall be thought reasonable by the discretion of the same Iustices and they to make against the same Complainant not proving the matter of his said Bill to be true such Process against him for the said Costs and damages as is afore limited against the said Rioters convict of the said Riot for the payment of their said Fines Imprisonment And if the said Complainant or Complainants have not sufficient whereof to restore the party and parties so vexed and troubled in form aforesaid § 1. N. 19. that then he immediately be committed to the common Goal by the said Iustices there to remain the space and time as shall be thought by the said Iustices convenient and reasonable Continuance And that this Act indure but unto the next Parliament § 1. N. 20. 1 Mar. 1. St 2. Cap 12. and 19 H. 7. Cap. 13 § 1. N. 4 1 Eliz. Cap. 16. Sheriffs And over that the Iustices of Peace in the same Counties C. 15. § 1. N. 10. and every of them shall have Authority upon complaint made by the Party so unlawfully grieved viz. by several Plaints in Sheriffs Courts in names of Persons unknown or never summon'd c. to examine the said Sheriffs Vnder-Sheriffs or their Clerks and Plaintiffs Process And if the said Iustices of Peace or one of them find by their examination default in the said Sheriffs Vnder-Sheriffs § 1. N. 11. or their Clerks in entring of the said Plaints deceitfully for his or their advantage as is before rehearsed contrary to this present Act that then the said Sheriffs Vnder-Sheriffs and their Clerks shall be convict and attaint of the same offence without further inquiry or examination Justices And the said Iustices of Peace that so shall take the Examination §. 1 N. 13. shall certifie the same Examination within a quarter of a year into the Kings Exchequer upon pain of 40 s. Sheriffs And viz. The Bailiffs of Hundreds for default in Summons § 1. N. 16. c. to be attaint and convict thereof by the Examination of the Iustices of Peace or any of them as before is rehearsed § 1. N. 17. And that the same Sheriffs Vnder-Sheriffs Amercement their Clerks and their Deputies for the time being shall make no Estreats to levye the said Sheriffs Amerciaments until such time that two Iustices of Peace whereof one shall be of the Quorum have had the veiw and oversight of their Books § 1. N. 18. And that the Estreats be indented betwixt the said Iustices of Peace Records and the said Sheriffs and Vnder-Sheriffs and sealed with their Seals the one part to remain with the said Iustices and the other part with the said Sheriffs or Vnder-Sheriffs to the intent they may understand if any deceit be or untrue demeaning in them in making of their Books § 1. N. 19. And that these Persons which shall gather the same Amercements as Bailiffs or other Officers be sworn by the said Iustices Officer that they take no more mony than is forfeited and contained in the Estreats sealed with the Seals of the said Iustices of Peace upon the same pain of forfeiture as before is rehearsed viz. 40 s. thereof the same gatherers to be convict by Examination of the same Iustices of Peace or one of them as before is rehearsed § 1. N. 20. Provided alway that the said Iustices of Peace shall be appointed and named at the general Sessions after the Feast of St. Michael the Arch-Angel by him that is Custos Rotulorum of the said Counties Justices or else by the eldest of the Quorum in his absence to have the over-sight and controulment of the said Sheriffs Vnder-Sheriffs and their Clerks and other of the said Officers and of the said Sheriffs Amercements § 1. N. 21. And the said Iustices of Peace Informant upon Suggestion or Information of the Party so grieved shall make like Process as in action of Trespass against the said Sheriffs Vnder-Sheriffs or their Clerks and other the aforesaid Officers misdealing as before is rehearsed for to appear before them to answer to the said Suggestion or Information C. 17. § 2. N. 4. And that the Iustices of Peace have authority by this present Act to hear and determine such matters viz. Of taking Eggs Hawks Swans Fowl c. as well by Inquisition as Information and proofs § 2. N. 10. Viz. None to take Hawks in their Warren c. Vpon pain of ten pounds Forest one half to the Party that will sue for the same by Action of Debt by Examination before the Iustices of the Peace Information or otherwise c. 19 H. 7. Ca. 5. § 1. N. 6. And if the said Mayor Sheriffs Bailiffs Constables Mony or other chief Officer or Governor refuse to take any such Coyn viz. Having the print of the Kings Coyn in payment as it is above rehearsed that then he so refusing the said payment to be compelled by the Iustice of Peace of the same County where such payment shall be so refused to accept and take the said payment and he so refusing the same to be further punished for the said refusing by the
punish the Infringers and Contemners thereof in such wise as is limited by the same have been very remiss and negligent in doing their Offices to the great detriment hurt and prejudice of the Common-wealth Days For Reformation whereof § 1. N. 3. be it Enacted by the King our Soveraign Lord with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same that all and singular the Iustices of Peace within any Shire City Borough or Place within this Realm of England Wales or any other the Kings Dominions shall yearly at the general Sessions of the Peace to be holden next after the Feast of Easter assemble themselves together that is to say every Number of them within the limits of their Commissions wherein they be named Iustices of Peace 37 H. 8. Cap. 7. Peace And at and upon such their Assembly § 1. N. 4. shall diligently together amongst themselves peruse examine study and know the Effects and true Intents of the Laws Statutes Ordinances and Provisions hereafter specified that is to say the Laws and Scatutes heretofore made and provided concerning or in any wise touching Vagabonds Retainers giving Liveries Signs Tokens or Badges Maintenance Imbracery Bowstaves and Archery unlawful Games Forestallers and Regrators Victual-Victualers and Inn-holders and every of them and of all Statutes and Laws made in this present Parliament touching the same or any of them and after the perusing and deliberate understanding of the said Laws Statutes and Ordinances they shall devise among themselves how the same may be best put in due and just Execution 37 H. 8. Cap. 7. § 1. N. 2. Lieu. And for the better proceeding therein § 1. N. 5. they shall divide and sever them selves limiting and assigning alwayâ—s the number of two of them at least or more into Hundreds Wapentakes Rapes Commotes or number of Towns and Villages by their discretions 37 H. 8. Cap. 7. § 1. N. 4. Justices And that the said Iustices so divided § 1. N. 6. or two of them at the least shall in every Quarter of the Year from and after the said Feast of Easter next coming hold and keep within the limits of their Division one Session besides the general Quarter Sessions for the Peace the said one Session to be kept and holden alwayes within the limits of their Division at and in one such day as by them shall be appointed so that it be always six weeks at the least before the Quarter Sessions 37 H. 8. Cap. 7. § 1. N. 7. Dayes And that all Process and Proceedings in every of the said Sessions so to be holden shall be continued from Sessions to Sessions 37 H. 8. Cap. 7. § 1. N. 7. § 1. N. 6. Enquest And that the said Iustices or two of them at the least § 1. N. 8. at and in every such Sessions shall have power and authority to enquire as well by the Oaths of twelve men Inhabitants within the limits of their Division as by any Information given to them by any Person or Persons of all defaults offences or contempts done or committed or hereafter to be done or committed against the Form of any of the Statutes aforesaid and to hear and determin the same 37 Hen. 8. Cap. 7. § 1. N. 7. Outlary And shall also have power and authority upon any Presentment or § 1. N. 9 Information touching the Premises or any of them to make Process by Venire Facias one Capias and an Exigent under the Seals of the same Iustices or two of them against every such Person and Persons against whom any such Information or Presentment shall be had for their appearance afore them in their Sessions to be holden as is aforesaid to answer to such Information or Presentment as shall be there had or made 37. H 8. Cap. 7. § 1. N. 8. §. 1. N. 10. And if the Person or Persons accused by Information or Presentment shall be convict upon any such Information or Presentment by Confession or Verdict of twelve men that then the said Iustices of Peace Execution or two of them afore whom such conviction shall be had shall have power and authority to give Iudgement against every such Offender and Offenders so convict of such pains by imprisonment or such Pains losses and forfeitures of mony or both or any of them as are limited in the said several Statutes for such offences whereof they shall be so convict and cause Execution thereof to be made and had accordingly 37 H. 8. Cap. 7. § 1. N. 9. § 1. N. 11. And also the said Iustices of Peace or two of them Inquest at and in their said Sessions to be holden as is aforesaid shall have power and authority to correct and reform the Pannels of Iuries for any Inquiries to be made afore them touching the said Statutes or any of them in like manner or form as Iustices of Goal-delivery and of Peace may do in their Sessions by vertue of a Statute thereof made in the third year of our most dread Soverign Lord the Kings Raign that now is viz. 3 H. 8. 12. 37 H. 8. Cap. 7. § 1. N. 10. § 1. N. 12. And that the Sheriffs and other Ministers having power to return Pannels Return shall make his and their Returns according to such Reformation and Correction of the Iustices aforesaid upon the Pain limited by the same Statute viz. 3 H. 8. Cap. 12. 37 H. 8. 7. § 1. N. Cap. 11. § 2. N. 1. And it is ordained and enacted by Authority aforesaid Prerog that if any person or persons be Convict as is aforesaid by any Information afore the said Iustices or two of them within the limits of their Division that then the Moity of the Pains Losses and Forfeitures of Mony of the Offenders so Convict shall be to the Kings Majesties use and the other Moity thereof to the Party that persueth such Information according to the tenor and effect of the said several Statutes § 2. N. 2. And if any Conviction be had by reason or upon any Presentment Forfeiture that then the Kings Majesty shall have the whole Pains Fines and Forfeitures of the Offenders all which Pains Fines Losses and Forfeitures of Mony to be due to the King by reason of any Conviction as is aforesaid together with all Issues Fines and Amercements afore the said Iustices within the limits of their Division shall be levyed by the Sheriff or his Ministers by a Schedule Indented to be made between such Iustices or two of them afore whom such Pains Losses and Forfeitures Fines Issues and Amercements shall be lost and forfeit and the said Sheriff § 2. N. 3. The one part of which Schedule Certificate shall be certified by the said Iustices or two of them yearly in the Term of St. Michael into the Kings Exchequer
had or made this Act or any thing therein contained to the contrary notwithstanding § 14. N. 1. Provided always and be it Enacted by the Authority abovesaid Days that Iustices of the Peace within any Shire of this Realm of England and Wales shall not be compelled by vertue of this Act to assemble themselves for the Execution of this Act for this present year before the next general Assizes to be holden within every such County before the Feast of St. Michael the Arch-Angel next coming but that they and every of them shall be compelled upon like pain mentioned in this Act to assemble themselves at the said general Assizes for the execution of the same for this present year only according to the Purport Tenor and True meaning of this Act any thing in this Act to the contrary notwithstanding § 15. N. 1. Provided always that this Act nor any therein contained Cinque Ports shall not in any wise extend nor be prejudicial or hurtful to the County Palatine and Dutchy of Lancaster or any Town-Corporate within the same County Palatine and Dutchy having Iustices of the Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be taxed or assessed upon any person or persons in any Sessions to be holden within the said County Palatine and Dutchy of Lancaster or Towns-Corporate parcel of the same Dutchy by vertue of this Act but that the same Issues Fines Forfeitures Amercements and Penalties shall and may be extracted returned certifyed or levyed from time to time in such manner and form to all intents and purposes as they have used to be extracted returned certifyed and levyed at any time before the making of this Act this Act or any thing therin contained to the contrary notwithstanding § 16. N. 1 Provided always and be it Enacted by Authority aforesaid Forfeitures that all Issues Fines Amercements and Forfeitures rising and growing by vertue of this present Act within any of the general Liberties Franchises or Temporal-Iurisdictions which been severally appointed and assigned to the Survey Order and Governance of the King our Soveraign Lords several Courts of the Augmentations of the Revenues of his Crown and of the general Surveyors of the Kings Lands shall be claimed and allowed and also collected and levyed by the Kings Bailiffs or other Officers of the same Liberties Franchises and Iurisdictions for the time being and shall be severally answered to the King in the same several Courts after and according to such sort and order as other Issues Fines Amercements and Forfeitures within the same several Liberties Franchises and Iurisdictions as this present time been or ought to be claimed allowed and answered any thing in this present Act to the contrary notwithstanding Wales Provided always § 17. N. 1. and be it further Enacted by the Authority aforesaid That the Iustices of Peace in every of the Shires in South Wales and North Wales and County Palatine of Chester according to their limitation shall and may certifie all the Estreats by them to be made in manner and form as is aforesaid to and afore such Chamberlain or Chamberlains Chancellor or Chancellors Auditor or Auditors in such place or places as by the Kings Majesty is or hereafter shall be appointed or assigned for hearing and determining of the Sheriffs accounts in every of the said Shires in Wales or County Palatine aforesaid any thing in this Act mentioned to the contrary notwithstanding Franchise Provided always That this Act or any thing therein contained § 18. N. 1. shall not in any wise extend to the County Palatine and County of Durham or to any Town Corporate within the same County Palatine or County having Iustices of Peace for and concerning the extracting returning certifying or leavying of any Issues Fines Forfeitures Amerciaments or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said County Palatine or County of Durham or within any Town Corporate situate and being within either the said County Palatine or County but that the same Issues Fines Forfeitures Amerciaments or Penalties and every of them may be assessed taxed extracted returned certified and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted retorned certified and levyed at any time before the making of this Act or should be assessed taxed extracted retorned certified and levyed if this Act had never been had or made this Act or any thing therein contained to the contrary notwithstanding Cinque Ports Provided always and be it Enacted That this Act § 19. N. 1. or any thing therein contained shall not extend to the Barons and Inhabitants of or within the Cinque Ports or their members or to any of them to compel or constrain them or any of them to assemble themselves with any of the Iustices of the Peace out of their said Ports and Members and the liberties of the same or for and concerning the Estreating of Fines Issues Forfeitures and Amerciaments to be set lost or assessed by vertue of this Act within the liberties aforesaid Appearance But that they and every of them shall and may assemble themselves together at such place and places within their liberties for the executing of this Act as to them shall be thought most convenient § 19. N. 2. and to divide themselves after such fashion as they shall think best and most requisite for the executing of this Estatute in this Act mentioned Amercement And may and shall take such Fines Issues Forfeitures § 19. N. 3. and Amerciaments and every of them as shall be set lost and assessed by vertue of this Act in such manner and form and to such uses purposes and intents as they or any of them lawfully should might or ought to have had before the making of this Act this Act or any thing therein contained to the contrary notwithstanding Franchise Provided alway that this Act or any thing therein contained § 20. N. 1. be not at any time hereafter in any wise prejudicial or hurtful to any person or persons Bodies Politick or Corporate to their Heirs or Successors or to the Heirs or Successors of any of them for or concerning any their lawful rights titles interest or claims of in or to any manner of Issues Fines Amerciaments Penalties or other Forfeitures in any wise to be assessed lost and forfeited before any Iustices of Peace at their Sessions hereafter to be holden or kept in any Shires City Borough or Town Corporate within this Realm of England by vertue and authority of this Act. But that every such Person or Persons § 20. N. 2. Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successors of every of them and their lawful deputies
Mares or Gâ—ldings into Scotland or beyond the Seas C. 7. § 4. N. 1. And also be it Ordained c. that albeit any Abatement c. Iustice of the Peace within any of the Kings Dominions c. shall fortune to be made c. Duke Arch-Bishop Marquis Earl Viscount Baron Bishop Knight Iustice of the one Bench or of the other or Serjeant at the Law or Sheriff yet that notwithstanding he shall still remain Iustice c. and have full Power c. as he or they might or ought to have done before the same § 6. N. 1. And over that no manner of Process or Suit made c. before any Justices c. Iustices of Peace c. shall ne in any wise be discontinued c. by altering of the names of the c. Iustices of Peace 11 H. 6. Cap. 6. § 1. N. 2. C. 12. § 19. N. 3. And that the same Accusation c. so to be had made and declared Treason viz. withâ—n thirty days after Treason spoken c. shall be made to one of the Kings Council or to one of the Kings Iustices of Assize or else to one of the Kings Iustices of the Peace being of the Quorum or to two Iustices of the Peace within the Shire where the same Offence c. shall happen to be done or committed any thing in this Act contained to the contrary in any wise notwithstanding 2 3 Ed. 6. C. 2. § 4. N. 1. And if such Souldiers so offending War viz. departing or selling their Harness c. fortune to escape from the Lieutenant c. without the Punishment viz. of Imprisonment till Satisfaction and Restitution aforesaid that then the same Souldier upon complaint made by the Party grieved or his Executors or Administrators upon due Proof thereof to made to any Iustice or Iustices of the Peace in the parts where such Souldiers so offending shall be found shall be by such Iustice or Iustices committed to Ward there to remain without Bail or Mainprize until he have satisfyed the Party grieved his Executors or Administrators of and for such Horses Geldings or Mares and Harness so by any such Souldier wilfully lost exchanged altered or otherwise purloyned Process And that the Iustices of every Shire where any such Souldier viz. Departing without Licence shall be taken shall have full Power to inquire § 6. N. 2. hear and determine in all and every the said Offences concerning every such Departure as they do and may do in all other Cases of Felony committed in the Shire where such Souldiers shall be taken Justices And be it further Enacted C. 10. § 4. N. 1. c. that the Iustices of Peace in every of their Sessions and also the Steward in every Leet shall have full Power c. to inquire hear and determin as well by Presentment of twelve Men as by Accusation or Information of two honest Witnesses of for and upon all and every the Offences and Forfeitures c. viz. of not well drying sifting or mixing of Mault c. as well for the King as for the Party that shall sue procure or cause the same to be presented as is beforesaid And if any of them viz. Constabâ—es Bailiffs c. shall thereupon Viz. on Search find any Mault so put to Sale Coron being evil made § 4. N. 3. or mingled with evil Mault c. that then the said Bailiff or Constable so finding any such Mault c. with the advise of one Iustice of Peace within the same Shire shall cause the same to be sold to such person c and at such reasonable price c. and under the common price of the Market as to his discretion shall seem necessary and expedient And that all and every other person Authorized to shoot or otherwise if he inhabit in any Town-Corporate be presented by the Mayor or other Officer of the same Games and inhabiting in the County C. 14. § 2. N. 2. be presented within one Month after the publishing of this Act to the next Iustice of Peace adjoyning In which Cases the said Mayor Iustice or other Officer so taking their names as is aforesaid Corporation § 2. N. 3. shall again present and record the same before a Iustice of the Peace at the next Quarter Sessions to the intent the Clerk of the Peace of the County may keep a certain Book or Roll of the names of all such persons by the which the Kings Majesty may from time to time be ascertained how many sheet and able men exercised in that Feat be in every County that the same may be imployed in his Graces Service as need and occasion shall require And it is further Ordained c. that all and singular Iustices of Assize Victuals Iustices of Peace Mayors Bailiffs and Stewards of Leets C. 15. § 3. N. 1. at all and every their Sessions Leets and Courts shall have full Power and Authority to inquire hear and determin all and singular Offences committed against this Statute viz. of Conspiracy by Victualers Artificers c. and to punish or cause to be punished the Offender according to the Tenor of this Act viz. by Fine Imprisomnent Pillory c. Fish And furthermore it is Ordained c. that Iustices of Goal delivery and Iustices of Peace in all and singular Counties Cities C. 19. § 4. N. 1. Towns-Corporate and other places within this Realm of England and other the Kings Dominions shall have full Power and Authority to inquire hear and determin all manner of Offences that shall be committed or done contrary to this Act viz. Eating Flesh on Fridays Saturdays Embring-days and Fish-days in like manner and form as they may inquire hear and determin any Trespass or other Offence against the Kings Peace committed or done within the limits or place where they then shall be Iustices c. For redress c. be it Enacted c. that where any person C. 24. § 2. N. 5. c. shall be Feloniously stricken or poysoned in one County Coron and dye of the same c in another County that then an Indictment thereof found by Iurors of the County where the death shall happen whether it shall be found before the Coroner c or before the Iustices of Peace or other Iustices or Commissioners c. shall be as good c. as if the Stroke or Poysoning had been committed or done in the same County where the Party shall dye or where such Indictment shall be so found c. And further be it Enacted c. that where any Murder or Felony hereafter shall be committed and done in one County Lieu. § 4. N. 1. and another person or more shall be accessary c. in any manner of wise c. in any other County that then an Indictment found c. before the Iustices of Peace or other Iustices
they shall think meet and convenient Licence And that none § 1. N. 3. c. shall be admitted or suffered to keep any common Ale-house or Tipling-house but such as shall be thereunto admitted and allowed in the open Sessions of the Peace or else by two Iustices of the Peace whereof ene to be of the Quorum Recognizance And that the said Iustices of the Peace or two of them § 1. N. 4. whereof one to be of the Quorum shall take Band and Surety from time to time by Recognizance of such as shall be admitted and allowed hereafter to keep any common Ale-house or Tipling-house as well for and against the using of unlawful Games as also for the using and maintenance of good Order and Rule to be had and used within the same as by their discretion shall be thought necessary and convenient Certificate And the said Iustices shall certify the same Recognizance at the next Quarter Sessions of the Peace to be holden within the same Shire § 2. N. 1. c. where such Ale-house or Tipling-house shall be Records The same Recognizance there to remain of Record before the Iustices of Peace of that Shire § 2. N. 2. c Forfeiture Vpon pain of Forfeiture to the King for every such Recognizance taken and not certified three pounds six shillings and eight pence § 2. N. 3 Justices And it is further Enacted c. that the Iustices of Peace of every Shire § 3. N. 1. c. where such Recognizance shall be taken shall have Power c. in their Quarter Sessions of the Peace by Presentment Information or otherwise by their discretion to enquire of all such persons as shall be admitted and allowed to keep any Ale-house or Tipling-house and that be bound by Recognizance c. if they or any of them have done any act or acts whereby they or any of them have forfeited the same Recognizance Process And the said Iustices of every Shire and Places where they be Iustices shall upon every such Presentment or Information § 3. N. 2. award Process against every such person so presented or complained upon before them to shew why he should not forfeit his Recognizance Justices And shall have Power § 3. N. 3 c. to hear and determin the same by all ways and means as by their discretion shall be thought good Imprisonment And it is further Enacted c. that if any person § 4. N. 1. c. other than such as shall be hereafter admitted or allowed by the said Iustices shall c. obstinately and upon his own Authority take upon him c. to keep a common Ale-house c. or shall contrary to the Commandment of the said Iustices or two of them use commonly selling of Ale and Beer that then the said Iustices of Peace or two of them whereof one to be of the Quorum shall for every such Offence commit every such person c. to the Common-Goal c. there to remain without Bail or Mainprize by the space of three days 3 Car. 1. Cap. 3. 4 § 1. N. 6. Certificate And the said Iustices shall make Certificate of every such Recognizance and Offence at the next Quarter Sessions § 5. N. 1. c. where the same shall be committed or done Process Which Certificate shall be a sufficient Conviction in Law of the same Offence § 5. N. 2. Execution And the said Iustices of Peace upon the said Certificate made § 5. N. 3 shall in open Sessions assess the Fine for every such Offence at twenty shillings Wine Nor that it shall be lawful to any person c. to keep any Tavern 7 Ed. 6. C. 5. § 3. N. 1. or to sell or utter any Wine by Retayl c. in any City Borough Port Town or Market-Town not Corporate within the Realm of England or Wales or in the said Towns of Gravesend Sittingborn or Bagshot but only such person c. as thereto shall be assigned c. by all or most part of the Iustices of Peace for the time being of such Shire or County where such Tavern or selling of Wine by Retayl shall be had or allowed as shall be present at the general Sessions for the time being to be holden in every of the said Shires or Counties 12 Car. 2. Cap. 25. § 3. N. 7. The said Assignment Licence c. to be had and made in full Session by writing under the several Seals of every of the said Iustices and to be continued altered or changed c. viz. at the pleasure of the Majority § 6. N. 1. And it is further Enacted Justices c. that the Iustices of Peace of every Shire or County City and Town-Corporate in their several Sessions and the Stewards in every Leet and the Sheriff in his Turn and every Escheator shall have full Power c. to inquire by the Oaths of twelve men of all and every Offence and Offences perpetrated or done contrary to the form of this Act. C. 11. § 11. N. 4. And be it further Enacted Coron c. viz. because good and beneficial that all c. the said several Acts c. viz. 3 4 Ed. 6. 5. Of Riots c. and all Clauses c. shall be revived c. untill the last day of the next Parliament 1 Mar. 1. St. 2. C. 3. § 5. N. 2. And that the said Iustice of Peace viz. before whom any is brought for disturbing Preacher Religion breaking Altar c. upon due Examination thereupon had and made by the Apprehendor c. or other person c. of any of the said persons c. so offending forthwith shall commit the said person c. so apprehended to safe keeping c. as by the discretion of the said Iustice shall be thought most meet and convenient § 5. N. 3. And that within six days next and immediately after the said Accusation so had and made to the said Iustice Process the said Iustice with one other Iustice of the said Shire City Borough Liberty or Town-Corporate shall diligently examin the act or acts offence or offences aforesaid Cap. 8. Where in one Act of Parliament c. viz. 1 Ed. 6. 7. § 4. N. 1. Dignity It is Ordained c. that albeit any person or persons being Iustice of Assize Iustice of Goal-delivery or Iustice of Peace within any of the Kings Dominions or being in any other of the Kings Commissions whatsoever shall fortune to be made Duke Arch-Bishop Marquis Earl Viscount Baron Bishop Knight Iustice of the one Bench or of the other or Serjeant at the Law or Sheriff yet that notwithstanding he and they should remain Iustice and Commissioner and have full Power and Authority to execute the same in like manner and form as he or they might and ought to
c. as for not repairing to Church according to the meaning of former Laws in such manner and form as the said Iustices of Assize and Goal-delivery do or may do by former Laws in Case of Recusancy for not repairing to Church Justices And also shall have Power at their Assizes and Goal-delivery § 7. N. 2. and at the Sessions in which any Indictment against any person either for not repairing to Church according to former Laws or not receiving the said Sacrament according to this Law shall be taken to make Proclamation by which it shall be commanded that the Body of every such Offender shall be rendred to the Sheriff of the same County or Bailiff or other Keeper of the Goal of the Liberty before the next Assizes and general Goal-delivery or before the next general or Quarter Sessions respectively to be holden for the said Shire Limit Division or Liberty Process And if at the next Assizes and general Goal-delivery or Sessions § 7. N. 3. the same Offender so proclaimed shall not make appearance of Record that then upon every such Default Recorded the same shall be as sufficient a Conviction in Law of the said Offence whereof the Party shall stand Indicted as aforesaid as if upon the same Indictment a Tryal by Verdict thereupon had Proceeded and been found against him or her and Recorded Certificate And that every Conviction recorded for any Offence before mentioned § 9. N. 1. shall from the Iustices before whom the Record of such Conviction shall be remaining be certified into the Kings Majesties Court of Exchequer before the end of the Term following such Conviction in such convenient certainty for the time and other Circumstances as the Court of Exchequer may thereupon award out Process for the Seisure of the Lands and Goods of every such Offender as the Cause shall require Ordinary Be it also Enacted c. that §. 13. N. 2. c. it shall be lawful to and for any Bishop in his Diocess or any two Iustices of Peace whereof one of them to be of the Quorum within the limits of their Iurisdiction out of the Sessions to require any person of the Age of Eighteen years or above being or which shall be convict or indicted of or for any Recusancy other than Noble-men or Noble-women for not repairing to Divine Service according to the Laws of this Realm Religion Or which shall not have received the said Sacrament twice within the year then next past Noble-men and Noble-women excepted § 13. N. 3. Oath Or any person passing in or through the County § 13. N. 4. Shire or Liberty and unknown except as is last before excepted that being examined by them upon Oath shall confess or not deny him or herself to be a Recusant or shall confess or not deny that he or she had not received the Sacrament twice within the year then last past to take the Oath hereafter following c. viz. of Allegiance Certificate Which said Bishop or two Iustices of the Peace § 13. N. 5. shall certify in Writing subscribed with his or their Hands at the next general or Quarter Sessions for that Shire Limit Division or Liberty within which the said Oath shall be so taken the Christian-name Sir-name and Place of abode of every person which shall so take the said Oath which Certificate shall be there recorded by the Clerk of the Peace or Town-Clerk and kept amongst the Records of the said Sessions Imprisonment And be it further Enacted that if any such person § 14. N. 1. c. other than Noble-men or Noble-women shall refuse to answer upon Oath to such Bishop or Iustices of the Peace examining him or her as aforesaid or to take the said Oath viz. of Allegiance so duely tendred unto him or her by such Bishop or two such Iustices of Peace out of Sessions that then the said Bishop or Iustices of Peace shall and may commit the same person to the common Goal there to remain without Bail or Mainprize until the next Assize or General or Quarter Sessions to be holden for the said Shire Division Limit or Liberty Oath Where the said Oath viz. of Allegiance shall be again in the said open Assizes or Sessions § 14. N. 2. required of such person by the said Iustices of Assize or Iustices of Peace then and there present or the greater number of them § 14. N. 3. And if the said person or persons or any other person whatsoever Forfeiture other than Noble-men or Noble-women of the Age of eigteen years or above shall refuse to take the said Oath viz. of Allegiance being tendred unto him or her by the Iustices of Assize and Goal-delivery in the open Assizes or the Iustices of Peace or the greater part of them in their said general or Quarter Sessions every person so refusing shall incur the Danger and Penalty of Premunire viz. â—6 Rich. 2. Cap. 5. § 2. N. 6 § 14. N. 4. Except Women Convert who upon refusal of the said Oath Women viz. of Allegiance shall be by the said Iustices of Assize in their open Assize or Iustices of Peace in their general or Quarter Sessions for the said Offence committed only to the Common Goal there to reman without Bail or Mainprize till they will take the said Oath § 24. N. 1. Provided nevertheless that the last mentioned Clause Pope c. viz. of Reconcilement to Rome shall not extend c. to any person or persons whatsoever which shall hereafter be reconciled to the Pope or See of Rome c. for and touching the point of so being reconciled only that shall return into this Realm and thereupon within six days next after such Return before the Bishop of the Diocess or two Iustices of the Peace joyntly or severally of the County where he shall arrive submit himself to his Majesty and his Laws and take the Oath c. viz. 1 Eliz. Cap. 1. § 19. N. 4. of Supremacy as also the Oath before set down c. viz. of Allegiance § 24. N. 2. Which said Oaths Oath Viz. of Supremacy and Allegiance the said Bishop and Iustices respectively shall have Power and Authority by this present Act to minister unto such persons as aforesaid § 24. N. 3. And the said Oaths so taken Certificate the said Bishop and Iustices before whom the said Oaths shall be so taken respectively shall certifie at the next general or Quarter Sessions of the Peace to be holden within the said Shire Limit Division or Liberty wherein such person as aforesaid shall submit himself and take the said Oaths as aforesaid upon Pain of every one neglecting to certifie the same as aforesaid the sum of forty pounds § 25. N. 1. And be it further Enacted that all Justices c. that shall offend contrary to this present Branch of this
due Imployment of such Charitable Gifts according to the true intent and meaning of the Donors thereof except Gifts to the aforesaid Vses made in any Colledge Hall Frée-School or Hospital which have Visitors of their own and also to Hear and Determine all Offences Defaults and Defects in Surveyors or others concerning the Premisses Error Provided that if any Person be agrieved with such Order §. 15. N. 1. they shall have Liberty to appeal to the Court of Chancery as in the Case of a Decrée made upon the Statute viz. 43 Eliz. 4. of Charitable Vses Certiorari And be it further Enacted c. That § 16. N. 1. c. no Certiorari shall be allowed to remove any Information Indictment Presentment Order or other Procéedings in the Quarter Sessions of for or concerning any matter or thing in this Act unless the Party or Parties against whom any such Information Indictment Presentment Order or other Proceeding shall be had by Vertue of this Act shall before the Allowance of such Certioraries become bound to the Person or Persons prosecuting in the Sum of xl l. with sufficient Sureties as the Iustices of Peace at their said Quarter Sessions of the Peace shall think fit with Condition to pay unto the said prosecutors within one month after the Conviction of such parties Indicted their full Costs and Damages to be ascertained upon their Oaths and that in default thereof it shall be lawful for the said Iustices to proceed to Tryal of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding C. 7. § 7. N. 1. And be it further Enacted c. That it shall and may be lawful Leather to and for the Masters and Wardens of the Cordwainers Sadlers Girdlers and Curriers of the City of London c. and to and for all Iustices of the Peace Mayors and Chief Officecs of Corporations within this Realm c. Wales c. as well by Land as by Water to search for and seize any Leather or raw Hides wrought or unwrought cut or uncut packed up or unpacked intended or purposed to be Transported by any person c. Into any parts beyond the Sea or into Holland other then Calves skins and Shéep skins c. C. 9. § 2. N. 6. And the said two Iustices viz. next Parish of Poor and maimed Officer in the late Wars c. upon the Examination of the truth of such Certificate Poor viz. of Captain or Commission Officer c. which the said two Iustices are hereby Impowered to take upon Oath of the Party and of such Witnesses as he shall produce shall by Warrant unto the Treasurer Assign him relief until the next Quarter Sessions to be holden for that County or Liberty at which time a yearly Pension shall be by the said Iustices or the major part of them granted in manner and form and with power of Revocation or Alteration as by the said Statute viz. 43 Eliz. 3. § N. is further declared and directed C. 10. § 4. N. 1. And be it further Enacted c. that the several Constables and other Officers Taxes who are hereby Authorized to take the Account of the aforesaid Hearths Stoves within their particular Limits as aforesaid shall at the next Quarter Sessions after the last day of May to be holden for their respective Counties deliver all such Accounts in Writing as they shall receive reform or take by their own view unto the Iustices of the Peace in their respective Quarter Sessions of the said Counties together with a true note of the Names of all such Persons who shall refuse or neglect to give unto them an account under their Hands of such Hearths and Stoves within their respective Houses Edifices Chambers and Lodgings as aforesaid § 5. N. 1. And be it further Enacted That the said Iustices of the Peace shall cause all the said Accounts of the several Hearths and Stoves Account within the respective Counties to be Inrolled by the Clerk of the Peace of the said respective Counties Ridings in York-Shire and Divisions in Lincolnshire and also a Duplicate thereof in parchment under the Hands and Seals of thrée or more of the Iustices of Peace of the respective Counties and Places aforesaid who are hereby required to sign the Sum to be returned into His Majesties Court of Exchequer within one month next after such Account delivered unto them at their respective Quarter Sessions aforesaid N. 2. Vpon pain that the Clerk of the Peace of every such County Riding Forfeiture or Division respectively offending therein shall forfeit to his Majesty his Heirs and Successors the Sum of two Hundred pounds for the first month and for the second month he shall so neglect every such Clerk of the Peace shall forfeit and lose his or their Place and Office and the same shall become void accordingly c. § 18. N. 1. Provided always and be it hereby Enacted Poor That if the Church-wardens and Overséers of the Poor of the Parish together with the Minister of the same or any two of them whereof the Minister to be one shall in Writing under their Hands yearly Certifie their belief that the House wherein any Person doth Inhabit is not of greater value then of twenty shillings per Annum upon the full Improved Rent and that neither the Person so Inhabiting nor any other using the same Messuage hath useth or occupieth any Lands or Tenements of their own or others of the yearly value xx s. per Annum nor hath any Lands Tenements Goods or Chattels of the value of Ten pounds in their own possession or in the possession of any other in trust for them that then in such Case upon such Certificate made by the two next Iustices of the Peace and allowed for which Certificate and Allowance no fée shall be paid the person on whose behalf such Certificate is made c. shall not be returned by the Constable or other Officer and the said house is hereby for that year discharged of and from all the Duties by this Act Imposed Merchants Be it Enacted c. That where any Officer C. 11. § 6. N. 5. c. viz. in Execution of this Act against concealing of Customes c. shall be by any person c. Armed with Club or any manner of Weapon forcibly hindered afronted abused beaten or wounded c. either on Board any Ship or Vessel or upon the Land or Water in the due execution of their Office all and every person c. so refusing afronting abusing beating or wounding the said Officer c. or their Deputies or such as shall act in their Aid or Assistance shall by the next Iustice of Peace or other Magistrate be committed to Prison there to remain till the next Quarter Sessions Process And the Iustices of Peace of the said Quarter Sessions N. 6. shall and are hereby Impowered
to punish the Offender by Fine not exceeding one Hundred pounds and the Offender is to remain in Prison till he be discharged by order of the Exchequer both of the Fine and of the Imprisonment or discover the Person that set him on work to the End he may be legally proceeded against Merchants And further that in Case any Carman Porter Waterman or other Person § 7. N. 3. c. shall assist in the taking up or Landing Shiping off or carrying away any such Goods Wares or Merchandize viz. not Landed in the presence of an Officer of the Customes c. that then such Carman Porter Waterman or other person or persons so offending being apprehended by Warrant of any Iustice of the Peace for that County City or Borough which the said Iustices and every of them are hereby Authorized to Issue and to Examine Witnesses upon Oath concerning that fact and the same being proved by the Oath of two Witnesses the said Offender for such first Offence shall and may by such Iustice of the Peace be committed to the next Goal there to remain till he and they find sufficient Surety to be of the good Behaviour for so long time until he and they shall be thereof discharged by the Lord Treasurer Chancellor under Treasurer and Barons of the Exchequer Imprisonment And in Case he or they viz. Carmen Porters or Watermen c. so Convicted shall afterwards at any time Offend in like kind N. 4. viz. taking up Goods landed without presence of Customer c. that then he and they shall and may by any Iustice of Peace as aforesaid be committed to the next Goal there to remain for the space of two months without Bail or Mainprise or until he shall pay unto the Sheriff of that County the Sum of five pounds to the use of his Majesty or until he shall by the Lord Treasurer Chancellor under Treasurer or Court of Exchequer be thence discharged Poor Be it therefore Enacted C. 12. § 1. N. 4. c. That it shall and may be lawful upon complaint made by the Church-wardens or Overséers of the Poor of any Parish to any Iustice of Peace within forty dayes after any such person c. viz. Vagrant coming so to settle as aforesaid in any Tenement under the yearly value of ten pounds for any two Iustices of the Peace whereof one to be of the Quorum of the Division where any such person c. that are likely to be chargeable to the Parish shall come to Inhabit by their Warrant to remove and convey such person or persons to such Parish where he or they were last legally settled either as a Native Householder Sojourner Apprentice or Servant for the space of forty dayes at the least unless he or they give sufficient Security for the discharge of the said Parish to be allowed by the said Iustices Error Provided alwayes that all such persons who think themselves agrieved by any such Iudgment of the said two Iustices § 2. N. 1. may appeal to the Iustices of the Peace of the said County at their next Quarter Sessions who are hereby required to do them Iustice according to the merits of their Cause Husbandry And in such Case viz. of Harvest work c. if the person § 3. N. 2. c. shall not return to the place aforesaid viz. of last abode or shall fall sick or impotent whilest he or they are in the said work it shall not be accounted a settlement c. but that it shall and may be lawful for two Iustices of the Peace to convey the said person c. to the place of his or their Habitation c. under the pains and penalties in this Act prescribed Poor And if such person c. shall refuse to go N. 3. or shall not remain in such Parish where they ought to be settled c. but shall return of his own accord to the Parish from whence he was removed It shall and may be lawful for any Iustice of the Peace of the City County or Town Corporate where the said Offence shall be Committed to send such person c. to the House of Correction there to be punished as a Vagabond or to a publick work-house in this present Act hereafter mentioned there to be Imployed in Work or Labour N. 4. And if the Church-wardens and Overséers of the Poor of the Parish Justices to which he or they shall be removed refuse to receive such person c. and to the provide work for them as other Inhabitants of the Parish any Iustice of the Peace of that Division may and shall thereupon bind any such Officer c. to the Assizes or Sessions there to be Indicted for his or their contempt in that behalf § 5. N. 1. And for the said places within the Weekly Bills of Mortality in the said Counties of Middlesex and Surrey respectively Corporation there shall be elected and chosen by the major part of the Iustices of the Peace for the said Counties in their respective Quarter Sessions Assembled out of the most able and honest Inhabitants and Fréeholders of every of the said Counties of Middlesex and Surrey respectively a President a Deputy President a Treasurer and Assistants for the Corporation c. or Work-houses c. and that upon the vacancy by death or otherwise c. the power to Elect others in their Rooms be in the major part of the respective Iustices of Peace who in their General Quarter-Sessions from time to time shall accordingly supply such vacant places N. 2. And that at every Quarter-Sessions Account they shall require and take an Account in Writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation c. or Work-houses how and how many poor People have been Imployed and set to work in the year last past and what stock there was and is remaining § 6. N. 2. And it shall and may be lawful for the major part of the Iustices of Peace in their Quarter-Sessions Justices to signifie unto His Majesties Privy Council the Names of such Rogues Vagabonds Idle and Disorderly persons and sturdy Beggers as they shall think fit to be Transported to the English Plantations N. 3. And upon the Approbation of His Majesties Privy Council to the said Iustices of Peace signified what persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the End of this present Sessions of Parliament to any of the English Plantations beyond the Seas there to be disposed of in the usual way of Servants for a term not excéeding seven years § 7. N. 3. With which Tax viz. made by Justices of Liberty or County for stock for the Poor if
Artists viz. Gagers Measures c. shall be appointed c. which c. shall take an Oath which Oath any one Iustice hath hereby power to administer to take and compute the Iust Contents and Gage of all Coppers Fatts Tuns Backs and Corters and all other Brewing Vessels of that nature c. § 8. N. 1. And be it further Enacted that no Commissioner Farmer or sub-Commissioner for the Excise or Common Brewer of Ale or Beer to sell Justice or Inn-keeper whatsoever shall c. have power to act in or execute as a Iustice of Peace any of the Powers Clauses or things contained in any of the Laws made for and concerning the Excise or in this present Act and if any c. shall presume to act or Execute any thing contrary hereunto it is hereby further declared that all such things so acted or executed by any of them are and shall be utterly void and null to all intents and purposes §. 15. N. 1. And be it further Enacted c. that c. no Person or Persons shall be permitted to Sell of Retail any Coffée Chocolet Sherbet or Tea License without License first obtained and had by order of the General Sessions of the Peace in the several respective Counties Certificate being first shewed that they have given good Security for the due payment of their dues to the King or the Chief Magistrate of the Place in whose Iurisdiction he or they do or shall Inhabit or Dwell for the selling or retailing of the same § 16. N. 3. All and every of which said respective Offences viz. of Bribery of Gagers or other Officers of Excise shall be proved by the Oaths of two Lawful and Credible Witnesses before two Iustices of the Peace or chief Magistrate of the Place where such Offence shall be Committed Proof which said Iustices or Magistrates respectively have hereby power to administer the said Oaths and also to examine adjudge and determine the same and to cause such Penalties by Warrants under their Hands and Seals to be levied by Distress and Sale of the Offenders goods rendring to the Party the overplus and for want of such Distress to commit every such Offender to the Common Goal of such County or Place there to remain by the space of thrée months without Bail or Mainprise § 19. N. 1. Provided also and be it further Enacted Error c. That no appeal in any Cause of Excise whatsoever shall be admitted until the party appellant shall have first deposited and laid down the single duty of Excise in the Hands of the Commissioners Farmers or sub-Commissioners of Excise within whose Iurisdiction or Division the said Cause was originally heard and determined and have given Security to the Commissioners of the appeal or Iustice of Peace respectively where such Cause is to be finally adjudged for all such Fine Forfeiture and Penalty as upon such hearing and determination was adjudged against him N. 2. And that if upon the hearing and determining of any such appeal Costs the said original Iudgment shall happen to be reversed and made null then and in every such Case the said Commissioners Farmers or Sub-Commissioners of Excise in whose hands the said single duty of Excise was deposited shall restore and deliver back the same or as much thereof as shall be adjudged by the Commissioners of Appeals or Iustices of the Peace respectively to the said appellant and the Party originally prosecuted shall pay him the double Costs Lieu. Provided also and be it Enacted That all Differences § 22. N. 1. Appeals and Complaints that shall happen and arise betwéen party and party in order to the payment of the duty of Excise shall be heard and determined in the proper County or in the several Ridings and Divisions of York-shire and Lincoln-shire where they shall arise and not elsewhere Justices And be it further Enacted § 24. N. 1. c. That the Iustices of the Peace or any two or more of them or Chief Magistrates in the several Counties Cities Divisions and Places within England and Wales respectively shall meet once in every month in there respective Divisions or oftner if their shall be occasion to hear and determine and to adjudge all matters and offences against this or the aforesaid Acts viz. 12 Car. 2. Cap. 23. 24. Taxes Be it therefore Enacted C. 13. § 1. N. 2. c. viz. against obstructions of 13. 14. Car. 2. 10. That the Iustices of Peace of the respective Counties Corporations Places and Limits within their respective Iurisdictions at the next Sessions to be held after the Feast of St. Michael the Archangel next ensuing or the major part of them then present shall Issue out Warrants under their Hands and Seals to the respective High Constables or other like next Officer who shall Issue the like Warrants unto the petty Constables Headboroughs and Tythingmen requiring them on the next Sunday after Morning Service ended to give publick notice in the Church or Chappel Generally to all the Inhabitants and also to give notice publickly in the Church and particularly as aforesaid to every Inhabitant within their respective Precincts that shall then be occupier of any House Edifice Lodging or Chamber that within ten dayes next after such notice he give a true and just Account in writing under his Hand of all Hearths and Stoves in such respective House Edifice Lodging and Chamber to such respective Constable Headborough and Tythingman Certificate Which viz. the Account of Hearths taken and received by Petty Constable N. 5. Headborough and Tythingman being so received by such respective High Constable or other like Officer as aforesaid and compared together shall within six dayes after such receipt be transmitted to the two next respective Iustices of the Peace who are hereby Impowered to examine the said respective High Constable or other like Officer as aforesaid Petty-Constable Headborough or Tything-man upon Oath concerning the truth and faithfulness of their Actings in the Premisses which being done the said Iustices shall within ten dayes after such Examination sign and transmit the said Book and Roll together with the said original Accounts so endorsed as aforesaid and filed together unto the respective Clerk of the Peace who shall within Twenty dayes next after the receipt thereof engross the said Book or Roll in Parchment to be still kept in the respective County and Places aforesaid and shall also within two months engross in Parchment a true Duplicate of the said Book or Roll which being signed by him and by two Iustices of the Peace at least of the respective County and Places aforesaid shall be transmitted within one month after such Engrossment into his Majesties Court of Exchequer Alien And all Forreigners that shall really and bona fide set up and use any of the Trades and Manufactures aforesaid viz. Weaving C. 15. § 3. N. 1.
Hemp-dressing Netts and Tapestry hangings c. shall c. taking the Oaths of Allegiance and Supremacy before two Iustices of the Peace near unto their Dwellings who are hereby Authorised to administer the same enjoy all priviledges whatsoever as natural-born Subjects Common Provided also and be it further Enacted c. That if any C. 17. § 53. N. 1. c. having a right of Common in any of the Mannors Wasts Commons or Lands within the said Great Level of the Feus called Bedford Level or any other Person or Persons whatsoever at any time after such Division or Inclosure made or set out as aforesaid viz. by Commissioners c. shall break throw down disturb obstruct or by any means hinder or lay open the said Improvements and Inclosures at in or after the making thereof or the Hedges Ditches or Fences of the same or any part thereof shall destroy and shall be thereof Convicted by two Credible Witnesses upon Oath before two Iustices of the Peace of the County where such disturbance or destruction shall be made every such person c. shall forfeit for every such Offence xx l. to be Levied by distress upon the Goods and Chattels of every such Offender c. by Warrant under the Hands and Seals of the said Iustices of the Peace before whom such Conviction shall be made c. or for want of sufficient Distress the Offender shall be Committed to the House of Correction or Common Goal for Thrée Months without Bail or Mainprise at the said Iustices discretion Statuta 16 Car. 2. 16. Car. 2. 3. § 2. N. 7. ANd if they viz. the Officers for search and view of Fire-Hearths c. shall find any Variance in the Number retorned both the Officer Taxes c. and the Constable or Tythingman c. to certifie the same under his and their Hands to the Clerk of the Peace which Certificate they are hereby enjoyned to make N. 8. And after approbation thereof by the Iustices of Peace at their Sessions Certificate the same shall be Certified to his Majesties Remembrancer in the Exchequer § 4. N. 2. And in Case of violent opposition or Injury done by any Peace to any such Officer or his Deputy in the due Execution of this Act and the same proved by Oath before any one Iustice of the Peace or Chief Magistrate c. of the City Town or Place Dwelling near unto the Place who are hereby Authorized to Administer the said Oath It shall and may be lawful to and for such Iustice of the Peace c. or Magistrates to punish such Offender c. if he shall find cause by Imprisonment in the Common Goal for any time not exceeding the space of one month â—§ 8. N. 1. And if any Question or difference shall arise about the taking any distress or levying any Money by Vertue of this Act viz. of Fire-Hearths Process c. the same shall be heard and finally determined by one or more of the Iustices of the Peace near adjoyning or Chief Magistrate of the Place respectively upon complaint in that behalf § 9. N. 2. And the Iustices of Peace and Chief Magistrates Constables and other his Majesties Officers within their several Limits and Iurisdictions Justices are hereby Authorized and required to give assistance from time to time to such Officers as shall be appointed c. for the Collecting of the said Duty c. § 10. N. 1. Provided that no person Taxes c. shall be questioned for any Arrears due on or before our Lady day c. viz. 1664. who shall produce to the Collector a Certificate approved or to be approved of by the two next Iustices of the Peace for their Exemption from the said duty for that time according to the rules prescribed in the said first recited Act. viz. 13 14. Car. 2. 10. N. 2. Nor any Person who hath truly paid the said duty and shall if it be required Proof make proof thereof before any one Iustice of the Peace or other Chief Magistrate of the Peace c. C. 4. § 3. N. 1. Be it Enacted Religion c. That if any Person of the Age of Sixtéen years or upwards being a Subject of this Realm c. shall be present at any Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion in other manner then is allowed by the Liturgy or practice of the Church of England c. at which Conventicle c. there shall be five Persons or more Assembled together over and above those of the same Household then it shall and may be lawful to and for any two Iustices of Peace of the County Limit Division or Liberty where such Offence aforesaid shall be Committed or for the Chief Magistrate c. if it be within a Corporation where there are not two Iustices of the Peace and they are hereby required and enioyned upon proof to them or him respectively made of such Offence either by Confession of the Party or Oath of Witnesses or notorious Evidences of the fact which Oath the said Iustices of the Peace and Chief Magistrate respectively are hereby Impowered and required to administer to make a Record of every such Offence and Offences under their Hands and Seals respectively N. 2. Which Record so made as aforesaid Process shall to all Intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such Offence and thereupon the said Iustices and Chief Magistrate respectively shall commit every such Offender so Convicted as aforesaid to the Goal or House of Correction there to remain without Bail or Mainprise for any time not excéeding the space of thrée months unless such Offender shall pay down to the said Iustices or Chief Magistrate such Sum of Money not excéeding Five pounds as the said Iustices or Chief Magistrate who are thereunto Authorized and required as aforesaid shall fine the said Offender at for his or her said Offence c. Indictment And be it further Enacted c. that if any § 4. N. 1. c. shall at any time again Commit the like Offence c. then such Offender so Convict of such second Offence shall Incur the penalty of Imprisonment in the Goal or House of Correction for any time not excéeding Six months without Bail or Mainprise unless such Offender shall pay down to the said Iustices or Chief Magistrate such Sum of Money not excéeding Ten pounds as the said Iustices or Chief Magistrate c. shall Fine the said Offender at c. Imprisonment And be it further Enacted c. That if any such Offender so Convicted of a second Offence c. shall at any time again Commit the like Offence § 5. N. 1. c. then any two Iustices of the Peace and Chief Magistrate c. shall Commit every
Admiral Mariners Ships Seamen Captains Piracy Poor Souldiers Rogues Navy I. 2 Rich. 2. 4. § 1. N. 3. The King wills and commands all Sheriffs Seamen Mayors and Bailiffs within Franchises and without That at the certification of the said Admirals or their Lieutenants by their Letters thereof viz. Of Mariners departing the King's Service after Wages received to be made testifying the said proof viz. Before them shall incontinent without tarrying make another Commandment of the King our Sovereign Lord to take and attach all Fugitive Mariners by their body within their Bailywick within Franchise and without and put them in Prison there to abide in good and sure keeping till they have made gree to the King c. 18 H. 6. 19. II. By 18 H. 6. 19. § 1. N. 2. And that the Justices of Peace shall have power to enquire of Souldiers that depart from Captains beyond Sea Justices after Wages received c. and to hear and determine the same Ships III. 5 Eliz. 5. § 27. N. 2. That 18 H. 6. 19. in all Pains Forfeitures and other things did doth and hereafter shall extend as well to all and every Mariner and Gunner taking Wages of the King c. to all intents and purposes c. War IV. Lamb. 4. cap. 4. page 422. In charge to Jury at Sessions If any Souldier entred a Souldier of Record and having taken part of the Kings Wages or any Mariner or Gunner having taken prest Wages to serve the King on the Sea have not accordingly gone to his Captain unless he were letted by notorious Sickness c. or have departed from his Captain without his License under his Seal 18 H. 6. 19. 2 3 Ed. 6. 2. § 4. N. 1. 4 5. Ph. Mar. 3. § 2. N. 1. 5 Eliz. 5. § 27. N. 2. But consider whether this entring of Record have any use now Jurisdiction V. 5 Eliz. 5. § 30. N. 1. That all Offences of Transporting Sea-fish Prices Purveyans c. done upon the main Sea or Coasts being no part of the body of any County of this Realm and without the Precinct Liberty and Jurisdiction of the Cinque-Ports and out of any Haven or Pier shall be tryed and determined before the Lord Admiral of England or his Lieutenant or Deputy according to 28 H. 8. 15. for causes of Piracy Justices VI. 5. Eliz. 5. § 30. N. 3. And for all Offences of Transporting Sea-fish Prices eating Flesh Purveyans c. as shall be done in the Land or within any Haven or Pier all Justices of Peace in their Sessions and Mayors Sheriffs and Bailiffs and other head Officers in Cities and Towns Corporate in their Sessions or other Courts within the limits of their Commissions shall have full Power and Authority to enquire of the Offenders of this Act as well by the Oaths of 12 men as otherwise by Information and thereupon to hear and determine the same War VII 5 Eliz. 5. § 43. N. 1. Provided c. and be it enacted That no Fisherman using or haunting the Sea shall be taken by the Queens Commission to serve her Highness as a Mariner on the Sea but that the said Commission be first brought by her Highness Taker or Takers to two Justices of Peace next inhabiting to the Sea-Coasts Towns or other places where the said Mariners are so to be taken to the intent the said Justices may chuse out and cause to be returned such sufficient number of able men as in the said Commission shall be contained to serve her Majesty c. Lamb. 355. Dalt 86. cap. 34. Cromp. 200. License VIII West Sym. 2. part 128. Sect. 195. An Indictment for breaking of a safe Conduct granted by King H. 6. to Merchant-strangers of Genoua see 20 H. 6. cap. 1. Cromp. J. P. 240. b. Pl. 30. Essex ss Juratores pro Domino Rege super sacramentum suum presentant quod eum illustrissimus Princeps Henricus Rex Angliae sextus post conquestum per literas suas patentes sub salvo conductu suo concessit licentiam salvum conductum suum dedit A. B. D. aliis alienigenis mercatoribus de Genoua pro eis quadam Nav ' vocat ' a Carick pro bonis rebus merchandizis suis infra eandem Navem exist ' de transitu Portus Southampton in Anglia per mare versus partes Genoua transfretand ' eadem abfque aliquibus Roberiis fractione impeditione perturbatione aut captione ipsorum alienigenorum bonorum merchand ' sine mercimoniorum suorum predict ' per aliquos ligeos dicti Dom ' Regis infra Regnum dicti Regis Angliae gaudend ' sine impeditione ibid ' quidem H. de D. in Com' E. pred' Armig ' alii fractores salvi conductus Dom ' Regis de ligeis ipsius Dom ' Regis infra Regnum Angliae exist ' ignot ' vi armis viz. Gladiis c. aliis armis tam invasinis que defensibilibus armati salvum conductum pred' minime verentes spernentes in pred' A. B. alios alienigenos ad tunc ibid ' insult ' fecerunt ipsos verberaverunt vulneraverunt male tractanerunt ipsos in Nav ' pred' tanque eorum prisonarios ad tunc ibid ' ceperunt custodierunt eos in Prisona sub custodia sua Diu ' viz. per spatium 4 dierum quousque Iidem A. B. D. alii alien igine in eadem Navi existent ' finem redemptionem pro salvo conductu deliberatione suis habend ' pro sexcent marcis cum prefat ' H. aliis predict ' fecissent detinuerunt contra salvum conductum Dom ' Regis predict ' contra form ' Stat ' in hujusmodi casu promisi ac editi contra Dignitatem Regiam ac in malum exemplum aliorum c. Agait or Await see Coron Agnus Dei see Pope Ale Liquors Wine Beer Brewers Hostler Victuallers Inholders Excise I. 9 H. 3. 25. Magna Carta One Measure of Wine Measures shall be through Our Realm and one Measure of Ale II. Cromp. J.P. 94 Nota Exchequer that Popham Ch. J. said that the Measure of Wine and Ale should be all one and that it had been so agreed by the Justices viz. according to the Standard of the Exchequer see Magna Carta 26 25 and 15. R. 2. 4. see 1 Jac. 9. Alter for Ale Dalt 148. infra 80. III. Cromp. 94 b. ibid. But note that the Ale Quart is the greater Wine because the Froth will amount to a little and Wine Froths not and therefore there shall be a nick in the top of a Wooden Can whereby the Measure shall be to which nick the Beer shall come and this was told me by Mr. Wallis Clark of the Market to Queen Eliz. 25 Jac. 1588. IV. Lamb. 3. cap. 2. pag. 349. The authority of some two Justices of Peace the one being of
is committed for keeping of Ale-houses contrary to the Statute 5 6 Ed. 6. 25. § 4. N. 1. shall not be by Bail â—r Mainprise Cromp. 172. b. Recogn XXXIX Cromp. 196. § 6. The Justices of Peace shall take a Recognizance of such that have License to keep Alehouses to keep good rule and that they shall not use unlawful Games there 5 6 Ed. 6. 25. § 1. N. 4. Process XL. Cromp. 196. b. § 9. A Justice of Peace cannot award process upon Recognizances before they be forfeit as it seemeth by 3 H. 7. 1. § 1. N. 26. but must certifie it into the Chancery Kings Bench or Exchequer if it be not in Case where a Recognizance is forfeit for an Alehouse by 5 Ed. 6. 25. § 3. N. 2. whereupon he may award process as appeared by the said Statute Lamb. 516. supra Licence XLI Cromp. 198. b. two Justices of the Peace whereof one shall be of the Quorum may license one to keep a common Alehouse and take Recognizance of him with one surety to keep good rule and that he shall not suffer unlawful Games to be used there as to their discretion shall seem necessary and convenient 5 6 Ed. 6. 25. § 1. N. 4. Lamb. 431. infra 82. Proofe XLII Dalt 26. cap. 7. and not that the voluntary Confession before the Justice of Peace or other person authorized to minister the Oath of any Offender against any of the Statutes 1 Jac. 9. 4 Jac. 5. § 2. N. 1. shall suffice to convict the person so offending and after such confession the Oath of the party so confessing shall be taken and be sufficient proofe against any other offending at the same time 21 Jac. 7. Measures XLIII Dalt 26. cap. 7. If any Taverner keeping also an Inn or victualling in his House or any Inn-keeper Alehouse-keeper or Victualler shall at any time utter or sell within his House or without less than one full Ale-quart of the best Beer or Ale for 1 d. and of the small two quarts for 1 d. the said Offence being proved before any Justice of the Peace by one witness upon Oath then every such Taverner Inn-keeper c. shall forfeit for every such Offence 20 s. 1 Jac. 9. § 3. N. 1. And yet note That wheresoever any Conviction shall be before the Justice of Peace by or upon the Oath of any other person then the Delinquent himself then the Justice of Peace must first send for or convene the Delinquent before him to make answer c. For it may be that he can make sufficient defence or excuse of the Fact And this was the direction of Sir Nicholas Hyde Lord Chief Justice of the Kings Bench c. Dalt 67 155 362. XLIV Dalt 27. cap. 7. Every Taverner keeping also an Inn Hostler or victualling in his House and every Inn-keeper Alehouse-keeper and other Victuallers which shall suffer any person wheresoever his dwelling-house be to tipple in the said house shall be adjudged within the Statute 1 Jac. 9. § 2. N. 1. Dalt 361. 1 Bulstr 109. XLV Dalt 27. ibid. So that now by these Statutes 5 Hostler 6 Ed. 6. 25. 1 Jac. 9. 4 Jac. 5. 21 Jac. 7. 3 Car. 1. cap. 3. 4 No person may come to tipple in any such Tavern or in any Inne Alehouse or Victualling-house in the same Town where he dwelleth not dwelling within two miles thereof And so Sir Francis Harvey Knt. delivered it in his Charge at Cambridge Summer-assizes Anno 1629. XLVI 1 Bulstr. 109. Pl. 90. Note by Yelverton Justice Hostler That if an Inne do use the Trade of an Ale-house this shall be within the Statute of Ale-houses 5. and 6 Ed. 6. 25. and 1. Jac. 9. and 4. Jac. 5. and 21. Jac. 7. and 3. Car. 1. cap. 3. 4 Croke Justice no person is for to erect an Inne without a Licence from the King Finner Justice the Statute for Ale-houses include all excepting only Booths in Fairs not to keep an Inne and an Ale-house but to be suppressed to keep an Inne only for the relief of Travellers in this Pasch 9 Jac. Anonym Dalt 28. cap. 7. Hostler If a common Inn-holder or Ale-house-keeper will not Lodge a Traveller any Constable or Justice of Peace may compel them thereto but how the Officer shall compel him quere It seemeth that all the Officer can do is either to cause such Ale-house-keeper to be suppressed or else to present or prefer such offence of an Inn-keeper or Ale-house-keeper at the Assizes or Sessions of the Peace that so the Offender may be thereupon Indicted Dalt 17. 378. § 9. supra § 19. 39 H. 6. 18. Actio super Casus Br. 76. and 5 Ed. 4. 2. Actio super Casus Br. 92. Dyer 158. pl. and 9. co 87. XLVIII Dalt 28. cap. 7. And at Lent Assizes Anno 1622. Indictment Sir James Lee Lord Chief Justice of the Kings-Bench delivered it in his charge that an Inn-keeper or Ale-house-keeper offending herein might be Indicted Fined and Imprisoned for the same or else that the party grieved might have his Action super Casus against the Inn-keeper or Ale-house-keeper refusing to Lodge him 14 H. 22. b. Kell 50. pl. XLIX 28. ibid. But no Inn-holder Payment Ale-house-keeper or other Victualler shall be compelled to sell or let any Traveller or other to have any Victuals or Lodging except the party shall first tender and pay ready Mony for the same if it be required 10 H. 7. 8. Hostler L. 2. Rol. 345. 21. Hill or Pasch 21. Jac. per Chamberlain Justice by the putting of a Sign upon his door and Lodging Guests he Chargeth himself to the common-wealth And if I come to an Inne and require him to give me Lodging and he refuseth an Action upon the Case lyeth if he refuseth me and Mr. Justice Dodridge and Sir James Lee Chief Justice accorded c. Hostler LI. Dalt 30 cap. 7. Common Inns are appointed for Travellers and Way-fairing men 8. Co. 32. And therefore if any Inn-keeper shall suffer persons inhabiting in the same Town or any other persons contrary to the Statutes 5. and 6 Ed. 6. 25. 1 Jac. 9. and 4. Jac. 5. and 21 Jac. 7. and 3 Cor. 1. cap. 3. 4 to be usually Tipling in his House such an Inn-keeper may be accounted as well an Ale-house-keeper as an Inn-keeper And such Innkeepers may be bound by Recognizance with Sureties for keeping good Orders as Ale-house-keepers are and so Judge Warberton delivered it in his Charge at Cambridge Assizes Anno 1613. and therewith also agreed Sir James Lee and Sir John Dodridge in their several Charges at Cambridge Assizes Anno 1621. For such Inn-keepers said they do pervert the end for which they were appointed first or else it seemeth they may be committed as Ale-house-keepers without Licence by two Justices of Peace as aforesaid or they may be Indicted therefore at
Books and Amerciaments and the Estreatr of the said Amerciaments are to be made by Indenture between them and the Sheriff or Under-sheriff and to to be sealed with their Seals and they may upon suggestion make Process as in an Action of Trespass against the Offenders of that Statute viz. 11. H. 7. 15. § 1. N. 17. to answer before them Cromp. 200 b. III. Lamb. 4. cap. 3. page 380. The Justices of Peace be so necessary Justice as without them though all others should appear no Sessions can be kept And yet if any of them be absent their fellow Justices cannot amerce them as the Justices of Assize may do for inter pares non est potestas IV. 27 H. 8. 24. § 9. N. 1. That the King c. Fines shall have all manner of Fines Issues Amerciaments and Forfeitures c. assessed by or upon any Stewards Bailiffs or any other Ministers or Officers of any Franchises or Liberties for non exicution misexicution or insufficient returns of such Writs Warrants Precepts or other Process which to them or to any of them or to any their Deputies shall be directed or for any contempt or other misdemeanour whatever it be concerning their Offices in and for the due execution or administration of Justice any Grant or Allowance or other thing to the contrary notwithstanding V. 5 6 Ed. 6. 25. § 5. N. 3. Ale The said Justices of Peace in Town or County upon the said Certificate made of disorder or selling Ale without License shall in open Sessions assess the Fine for every such Offence at 20 s. Lamb. 563. 569. in Ale § 26. 30. VI. 11 H. 7. 4. § N. 16. Be it also ordained that the Justices of the Peace Process c. make like process against all persons found c. defective in Weights and measures and for such Fines and Amerciaments as upon them shall be assessed as if they were Indicted before them for breaking of the Kings Peace VII Lamb. 571. 572. No doubt but this Ordinance viz. 51 H. 3. Stat. Exchequer 5. pag. 11. § 1. N. N. 2. doth extend to the Justices of Peace as a man may easily gatherby words in the Statute of Labourers 5 Eliz. 4. § 39. N. 4. That all Estreats of Fines and Amerciaments be certified into the Exchequer Crompt 168. VIII Lamb. 4. cap. 21. pag. 617. Fees If the Fines and Amerciaments of the same Sessions saith Mr. Marrow will not fully amount to the Sum of the Wages then due to the Justices Yet shall the Wages be Ratably paid out of them so far as they will extend IX Crompt 168. Issues A Justice of Peace may deliver into the Exchequer an Indictment of Fines upon the Country before them and I have done so and it was Received in the Exchequer by the hands of one of the Barons there Lamb. 571. 572. X. Lamb. 4. cap. 16. pag. 566. And in that respect chiefly doth it viz. Fines a Fine for which a man is Imprisoned differ from an Amerciament for when the Offendor hath not so deeply trespassed that thereby he deserveth any bodily punishment at all as if he be nonsuited in any Action or do commit any such like fault he is said to fall into the Kings mercy because he is therein mercifully to be dealt with T. D. L. verbo Amerciament XI Lamb. 567. 568. Amerciament But now of later time the Justices themselves have in some case of Amerciaments also used to Assess and Rate the same without any other help as where the Officers of their Courts have offended 33 H. 6. 54. 34 H. 6. 20. L. 5 Ed. 4. 5. which also seemeth to make another difference between Fine and Amerciaments but neither of these be strictly observed either in common Speech or in the understanding of the latter Statutes XII Lamb. 568. Justifices Now therefore if the Offence be Finable by General words only without speaking of any Fine or without shewing by whom the Fine shall be Assessed for so it is commonly in the Elder Statutes that do prohibit any thing to be done there the Assessment thereof belongeth to the Justices before whom the conviction is lawfully had Fines XIII Resolution of the Justices 1633. Dalt 119. in Poor 537. 8. Quaere whether it be in the power of any General Quarter-Sessions to mitigate any penalty upon a Statute-Law if the party Indicted shall submit himself to the Fine of The Court and Wave the traverse Resolved if the party be Convicted or Confess the fault it is not in the power of the Court to mitigate the Fine in such cases where the Statute makes it certain Lamb. 568. 569. in Justices 185. But if the party Indicted protesting his Innocency yet quia noluit placitare cum Dom. Rege puts himself into the Grace of the Court the Court may impose a moderate Fine and order to forbear the prosecution Annum Diem c. see Days Apparel Liveries Drapery I. 1 Jac. 25. § 4. 5. N. 1. A Repeal of all Statutes of Apparel Appeal A Procurer Coron Abatement I. 6 Ed. 19. § 1. N. 4. No Appeal shall be abated so soon as they have been heretofore But if the Appeal do declare the Deed the Year the Day the Hour the time of the King and the Town where the Deed was done and with what Weapon he was Slain the Appeal shall stand in Effect Fresh Suit II. 6 Ed. 1. § 1. N. 5. Glocester and shall not be abated for default of Fresh Suit if the party shall Sue within the Year and the Day after the Deed done Dhyes III. Crompt J. P. 25. b. § 54. The Appeal shall be brought within the Year after the Death of the party and not of the Stroke and so is the Common experience in B. R. and so is the Law without question as Wray Ch. J. there said 4. co 42. and so it is in case of an Indictment that accounts of the Death not from the stroke but from the Day when the party died Appearance Attorney Attorny I. 6 Ed. 1. 8. Glocester May be by Attorney in such Pleas where Appeal lyeth not and party absent attainted shall have like pain as if present Sessions II. Lamb. 390. At the General Sessions must appear the Justices the Clarks of the Peace the Sheriff Coronors Bayliffs Constables c. Apprentice Trades Labourers Servants Workmen Artificers Handicraft-men License I. 5 Elix 4. § 10. N. 6. The Form of a Testimonial to a Servant departing to be signed by the persons c. where the last Master dwelt Husbandry Memorandum That A. B. Servant to D. C. of E. Husband-man or Taylor c. in the said County is Licensed to depart from his said Master and is at his Liberty to serve elsewhere according to the Statute in that case made and provided In Witness whereof c. Dated c. the day c. of
the Bond be void as 37 H. 6. 1. per Moyl XLI Dalt 307. cap. 114. I have seen a Report of a Case Process Trin. 37 Eliz. That upon an Assembly of all the Judges and Barons at Serjeant-Inn it was resolved and agreed by them to be put in ure in their Circuits That if a Justice of Peace should commit a man to the Gaol for Felony for which by Law he is not bailable but by his Mittimus he commits him generally not shewing any cause If other Justices of the Peace shall bail him not knowing of the matter c. they shall be fined for the same for they at their perils ought to inform themselves of the matter before they bail him XLII Dalt 310. cap. 114. If a Prisoner Judgment after he hath pleaded not Guilty be attaint by Verdict that he killed a man se defendendo or by misfortune yet he shall not be bailed by the Justice of Peace Quere Stamf. 74. Coron 297 354. XLIII Dalt 311. If a man be Accessary to two and the one Principal is attainted though the other be not yet the Accessary shall not be bailed Accessary Stamf. 71. Coron 200. XLIV Dalt 311. cap. 114. Process If any person be committed to Prison by Process from the Sessions made upon an Indictment upon any penal Statute not prohibiting Bail he may be bailed out of the Sessions by two Justices of the Peace one being of the Quorum or he may have a Warrant out of the Chancery directed to the Justices of the Peace or to the Sheriff to take Surety of him for his appearance before the Justices at their Sessions c. or he may have a Certiorari to remove the Record in B. R. and a Habeas Corpus to remove the Body thither also F. N. B. 250 251. XLV Lamb. 347. That persons are not bailable on 5 Rich. 2. 2. § 1. Money N. 10. commit for a whole year without Redemption for transporting Gold or Silver without License 2 H. 5. 8. § 2. N. 2. Rioters attainted of great and hainous Riots shall have one whole years Imprisonment at least Riot without being let out of Prison by Bail Mainprise or in any manner during the year 9 H. 5. 8. 2. cap. 8. § 1. N. 2. And Justices may hold falsifiers of Weights in Prison without Mainprise till they be acquit or attaint Measures 8 H. 6. 4. § 1. N. 11 Wearing Liveries for maintenance shall have a whole years Imprisonment without being let to Bail or Mainprise Maintenaece 22 H. 8. 5. § 4. N. 8. Ways Collector for Bridges refusing to accompt at Session to be committed without Bail or Mainprise till account made 23 H. 8. 2. § 2. N. 7. upon appearance of Collectors for Goods Poor six Justices to commit without Bail or Mainprise till Account and Payment c. 27 H. 8. 20. § 1. N. 6. Two Justices of the Peace Quorum unus Justices may commit without Bail or Mainprise till sufficient Surety by Recognizance c. to pay Tythes c. 32 H. 8. 7. § 4. N. 1. Two Justices Quorum unus Ordinary on Information of Ordinary c. to commit to next Gaol till Sureties by Recognizance or otherwise before the same Justices to obey Sentence of Ordinary for Tythes c. 33 H. 8. 9. § 9. N. 2. Alien Exporting long Bowes c. Auster le mere Imprison without Bail or Mainprise until Fine before two Justices in their Sessions 2 3 Ed. 6. 2. § 3. N. 1. War Souldier selling or putting away Horse or Harness Imprisonment without Bail or Mainprise until satisfaction to the Owner Ale 5 6 Ed. 6. 25. § 4. N. 1. Seller of Ale without License commit by two Justices Quorum unus without Bail or Mainprise for three days Market Overt Cap. 14. § 4. N. 1. Forestaller c. convict for the first Offence Imprison two months without Bail or Mainprise Riot 1 Mar. 1 St. 2. cap. 12. § 5. N. 1. Above two unlawfully assembled to throw down Pales Hedges c. Imprison a year without Bail or Mainprise Coron 1 2 Ph. Mar. 5. § 4. N. 1. Transporting Corn without license Imprison a whole year without Bail or Mainprise War 4 5 Ph. Mar. 3. § 5. N. 3. Justices before whom party is convict for false Musters c. Imprison without Bail or Mainprise until payment of the Forfeiture Religion 1 Mar. 1 St. 2. cap. 2. § 6. N. 3. Not recanting at next Sessions disturbance of Preacher c. commit without Bail or Mainprise till reconcile Religion 1 Eliz. 2. § 4. N. 6. Depraver of Common Prayer Imprison for six months without Bail or Mainprise Fees 5 Eliz. 4. § 9. N. 1. Taking Wages contrary to Stat. imprison twenty days without Bail or Mainprise Fish Cap. 5. Eating Flesh on Fish-days forfeit 3 l. or close imprisonment three months without Bail or Mainprise Forgery Cap. 14. § 3. N. 7. Imprisonment a year c. without Bail or Mainprise for Forgery Conjuration Cap. 15. § 2. N. 3. Convicted for false Prophesies imprison a year without Bail or Mainprise Forrest Cap. 21 § 2. N. 6. After three months imprison for taking Deer Fish or Hawks imprison without Bail or Mainprise until Sureties of Good behaviour 7 years and never to offend again Cattle 8 Eliz. 3. § 2. N. 1. Transporting Sheep imprison one year without Bail or Mainprise Purveyance 13 Eliz. 21. § 1. N. 9. Imprisonment of Purveyor within five miles of University as 2 3 Phil. Mar. 15. § 2. N. 3. viz. for three months without Bail or Mainprise Bastardy 18 Eliz. 3. § 2. N. 5. Reputed Father or Mother of Bastard perform not order of Justices c. to be commit without Bail or Mainprise except he or she put in sufficient Surety to appear next Sessions c. Schools 23 Eliz. 1. § 7. N. 2. Schoolmaster without License imprison one year without Bail or Mainprise Religion 35 Eliz. 1. § 1. N. 4. Present or joyning in Conventicle c. convicted commit without Bail or Mainprise until Conformity Drapery 39 Eliz. 11. § 2. N. 3. Refusing to be bound to Sessions to discover Logwood to be commit to the next Goal till bound with Sureties c. War Cap. 16. § 1. N. 3. Disobeying Justices order of suppressing Musters commit without Bail or Mainprise for three days and till Recogn of 40 l. to perform order Poor 43 Eliz. 2. § 4. N. 2. For want of distress commit by two Justices without Bail or Mainprise until payment of Tax to the Poor Fowl 1 Jac. 27. § 2. N. 4. Unlawful destroyer of Pheasant Hares c. Partridge Pidgeon c. committed for three months without Bail or Mainprise unless offender pay 20 s. c. Poor Cap. 31. § 3. N. 1. On
LII Lamb. 583. And yet neither they of C. B. nor B. R. do use to write for Indictments or such other Records unless they be thereto induced by a Cause hanging in their own Courts before them for otherwise the right way to remove them is by Certiorari out of the Chancery from whence they may be transferred by Mittimus to any other Court 41 Ass 22. by Knivet Ch. J. Certiorari Br. 8. howbeit a man may gather upon 1 R. 3. 4. b. Causea Remplee Br. 31. 32. that if any Record be sent up without Warrant to such a higher Court they may there proceed upon it because it is thereby made a Record in that Court and that Court is the Court of the King as well as the other Ale LIII Lamb. 620. If the Justices of Peace having taken a Recognizance for an Alehouse do not certifie it at the next Quarter-Sessions of the Peace they shall lose five Marks 5 Ed. 6. 25. § N. Crompt 167 a. b. Ways LIV. Lamb. 620. That next Justice of Peace which doth not certifie at the next General Sessions of the Peace such Presentments as the Overseers of Highways have before presented unto him shall lose 5 l. for every default 2 3 Phil. Mar. 8. § N. 5 Eliz. 13. § N. Crompt 125 b. Pope LV. Lamb. 621. If the Justices of Peace before whom any Presentment shall be made at their Quarter-Sessions against any person for the extolling the Authority of the See of Rome do not certifie the same in B. R. within 40 days after if the Term be then open and if not then at the first day of the next full Term they shall every of them lose 100 l. for every fault 5 Eliz. 11. § N. LVI Lamb. 621. Sheriffs Those Justices of Peace which do not certifie into the Exchequer their Examinations taken concerning the entring of Plaints by the Sheriffs shall lose 40 s. 11 H. 7. 15. § N. LVII Crompt 125 b. Ways A Presentment at Sessions by Justices of Peace of their own knowledge of such a way not repaired is as a Presentment of 12 men whereon the Justices may assess a Fine 5 Eliz. 13 § N. 2 3 Phil. Mar. 8. § N. LVIII Mich. 2 H. 7. 1. pl. 2. Peace Br. 11. Peace If a Recognizance of the Peace be taken by a Justice of Peace this may be certified by a Certiorari though that the Justice of Peace doth not bring it to the Sessions nor to the Custos Rotulorum Lamb. 109. and if a Supersedeas be retorned to the Sessions and no Recognizance then a Certiorari may be awarded to the same Justice to certifie the Recognizance yet see 3 H. 7. 3. § 1. N. 4. that the Justice shall forfeit 10 l. if he doth not certifie the Recognizance to the next Sessions LIX Dalt 173. cap. 70. Justices If the Justice of Peace shall not certifie such Recognizance taken for the keeping of the Peace at the next Sessions 3 H. 7. 1. § 1. N. 27. limiteth no penalty and yet see Peace Br. 11. that the Justice shall forfeit 10 l. if he do not certifie the Recognizance of the Peace at the next Sessions but Mr. Brook there mentioneth 3 H. 7. 3. § 1. N. 4. which was only for Bailment of Prisoners and certifying the same and so seemeth to mistake the Statute F.N.B. 251. F. Crompt 169. LX. F. N. B. 251. F. And two Justices of Peace whereof one must be of the Quorum may let Felons suspect or other persons that are Mainpernable to Mainprise until the next general Sessions or Goal-delivery but the Justices of Peace there are bound to certifie this Recognizance at the next general Sessions or Goal-delivery to the Justices on pain of forfeiture of 10 l. and this by 3 H. 7. 3. § 1. N. 4. 1 2 Phil. Mar. 13. LXI Crompt 167 b. The Justices of Peace shall pay such a Fine Fines as the Justices of Assize shall assess upon them who do not certifie to the Assizes the Examinations and Bails of Felons taken by them according to 1 2 Phil. Mar. 13. § N. 2 3 Phil. Mar. 10. LXII Crompt 169. The Stat. 3 H. 7. 1. § 1. N. 26. saith Recogn that the Recognizance of the Peace shall be certified at the next Sessions of the Peace to the intent that the party shall be demanded but the Statute doth not give any pain in this case 2. And if he that demands the Peace Peace releaseth the Peace before the Sessions then it seemeth that though he do not certifie it that the said Statute 3 H. 7. 1. § 1. N. 26. is not offended for he shall not be demanded in that case 3. And see 2 H. 7. Fitzh J. P. 2. That before the said Statute 3 H. 7. 1. Recogn § 1. N. 26. none was not bound to certifie the Recognizance at the next Sessions though it were good so to do as appears there because that a Certiorari may be awarded to the Justice of Peace to certifie c. Dalt 173. cap. 70. LXIII Crompt 167 b. The Justices who enquire of a Riot by 11 H. 4. 7. Riot § N. must with the Sheriff or Under-Sheriff certifie the King and his Councel of all the Fact and of the circumstances of the Riot where c. where the truth thereof cannot be found by Enquest on pain of 100 l. to each of them who do not certifie c. 2. And by 19 H. 7. 13. § N. The said Justices and the Sheriff or Under-Sheriff must certifie the names of Mainteinors and Embraceors by which means the truth of the Riot where c. is not found upon pain of 20 l. to each of them Variance LXIV Crompt 167 b. A Writ of Certiorari came to the Justices to certifie an Indictment and the Indictment was taken after the Teste of the Certiorari yet it s well certified for both are the Kings Courts 1 R. 3. 4. see F.N.B. 71. the like case of Records supra 31. Challenge see Enquest Champerty see Maintenance Chance-meddly see Coron Chandlers see Wax Trades Charge see Sessions Justices Chastisement see Apprentice Chattels see Forfeiture Coron Cheese see Victual Chiding see Affray Children see Infant Poor Chimney-money see Taxes Church Church wardens Religion Religion I. LAmb. 412 413. Article in charge at Sessions If any person being above the Age of sixteen years and not having lawful and reasonable excuse to be absent have not repaired and resorted unto his or her Parish-Church or Chappel accustomed or upon let thereof to some usual place where Common-Prayer is to be used upon every Sunday and other Holy-day and have not there orderly and soberly abiden during the time of such Common-Prayer Preaching or other Service of God and how long such person hath forborn so to repair and resort 1 Eliz. 2. § 14. N. 1. 23 Eliz. 1.
108 b. pl. 27. Crompt 24 b. § 42. 28 b. 29 a. Treason XXV Crompt 20 b. 21 a. § 18. A Feme Servant and a stranger conspire to rob the Mistress and at the time appointed in the night she let him into the House and carried him by a Candle to her Mistresses Bed where she lay asleep and the stranger kill'd the Mistress in her Bed the Maid saying nor doing nothing but held the Candle And Portman Ch. J. de B. R. Brook Ch. J. of C. B. and Hare Master of the Rolls held the Feme a Principal and a Traytor but Brook Ch. Baron Dalison and Saunders Justices é contrà so Dyer 128 pl. But the Law is with Portman and so it was adjudged in the Case of one Blechenden Captain of the Castle of Wallm ' in Kent who about 5 Mariae was kill'd in the Castle by a stranger by assent of one Bigg and others Servants of the said B. being then in the same Castle in a Vault there and not in the Parlor where he was kill'd and was Drawn and Hang'd XXVI Crompt 21. § 3. Nota Justices That the Justices of Peace may enquire of Murder or Pety-Treason because their Commission is de omnibus Feloniis see 3 H. 7. 5 b. An Indictment of Murder taken before Justices of Peace Rast. intr 362. Dyer 69. pl. Crompt 21 b. § 5 6. 28. § 3. Infra § 35. Dalt 234. Infra 38. Lamb. 497. in Indictment § 18. XXVII Pasch 3 H. 7. 5 b. pl. 2. Indictment 22. Br. 47. Justices The Servants of the Bishop of Lincoln were Indicted of Murder in the County of Rutland before the Justices of Peace c. XXVIII Pasch 5 Ed. 6. Dyer 69. pl. 29. Justices And also it was held clearly that Justices of Peace have Authority to enquire of Murder because it is Felony against the opinion of Monsieur Fitzherbert Dalt 52. cap. 20. Infra 35. XXIX Lamb. 4. cap. 5. pag. 485 486. Indictment Where by the way you may see in plain words of this Statute 2 3 Ed. 6. 24. § 2. N. 5. That Justices of Peace may take Indictments of Murder as Murder though Mr. Fitzherbert fol. 17. denieth it saying That they cannot enquire of Murder saving only as of Felony or Man-slaughter And you shall read of an Indictment of Murder before them received 3 H. 7. 5 b. supra agreeable whereunto was the opinion of Hales and Portman Justices as I have seen in a Report of Dalison Justice And of the same mind also were the Justices of 6 Ed. 6. B. R. Dyer 69. Dalt 53. cap. 20 b. Infra 35. XXX Crompt 21 b. § 5. see Rast Entr. 417. Certiorari That an Indictment of Murder taken before Justices of Peace was removed in B. R. and the party thereupon was Arraigned and upon the Arraignment there he pleaded the King's Pardon and it was allowed and the party discharged Coron 360. XXXI 2 Inst 316. On 6. Ed. 1. Gloc ' cap. 9. it is to be observed Justices that Justices of Goal-delivery may take an Indictment of killing a man se defendendo because their Authority is general but Justices of Peace cannot take such an Indictment because their Commission is limited and it is taken not to be within their Commission Dalt 52. cap. 20. Infra § 36. 33. XXXII Crompt 21 b. § 6. see Rast Entr. 246. Justcies An Indictment of Murder taken before Justices of the Peace whereupon the party was Outlaw'd before them was delivered to the Justices of Goal-delivery and thereupon the person Outlaw'd was brought before them to the Bar and because he could say nothing in Arrest of Execution it was adjudged he should be Hang'd But Fitzh in his Book of Justices of Peace 21. is That a Justice of Peace cannot enquire of Murder see Stamf. 15 b. 16 a. That an Indictment taken before Justices of Peace that A. kill'd B. se defendendo is not good because that they have no Authority to take such Indictment as he had heard XXXIII Crompt 28. § 3. Mr. Stamf. 15 b. 16 a. saith Indictment That a Justice of Peace cannot take an Indictmen af him that hath killed another se defendendo as he had heard But Marrow Lect. 12. is to the contrary and it seemeth that in as much as the Justices of Peace have power to enquire of all Felonies that they may enquire of this Lamb. 497. supra 31. XXXIV 23 b. § 28. Riot A Sheriff or Justices of Peace come to suppress Rioters and one of them who comes with the Justice is slain by the Rioters this is Murder as well in him as in all the other Rioters that are present and so was taken 22 Eliz. in the Case of Drayton Basset supra § 7. Crompt 25. § 51. 26. § 12. XXXV Dalt 51 52. cap. 20. Whereas one R. Forgery Smyth was Indicted at the Sessions in Oxford upon 5 Eliz. 14. § 10. N. 1. of Forgery it was adjudged by the whole Court in B. R. 30 Eliz. that the same Indictment was not well taken for although the Justices of Peace by their Commission have power of Oyer and Term of Felonies c. yet forasmuch as there is a Commission of Oyer and Term known distinctly by that name and the Commission of the Peace is known distinctly by another name that the said Indictment taken before the Justices of Peace at their Sessions was not well taken and therefore was quashed The reason of this Case and Judgment seemeth to hold in the former Cases on 3 H. 7. 14. § 1. N. 4. 33 H. 8. 12. § N. 8 H. 6. 12. § 3. N. 2. c. and in all other like Cases where any Statute doth specially give Authority to any other distinct Court or to other Justices or Commissioners leaving out the Justices of Peace to enquire of hear and determine or to try Felons c. there the Justices of Peace at their Sessions cannot enquire thereof 2 Inst 316. Stamf. 15 b. 16 a. supra § 26 27 28 30 31 c. Crompt 56. Infra § 50. Poult de Pace 43. Justices XXXVI Dalt 52. cap. 2. But in the former Cases if any such offender shall be brought before any Justice of Peace and charged with any such Felonies viz. whereof he cannot enquire Quaere how far the Justice of Peace is to deal or what he is to do therein considering the Justices of Peace are no Juudges of such Felonies neither have they any Jurisdiction given them by the Statutes in such Cases And yet it may seem both serviceable and safe for the Justice of Peace to examine the Offence and then to certifie his Examination to such persons as by the Statute are made Judges of the Cause But it seemeth the Justice of Peace on 8 H. 6. 12. § 3. N. 2. of Razures 3 H. 7. 14. § 1. N. 4. of the Kings Servants 33 H. 8. 12. §
1. N. 4. of the Verge 5 Eliz. 14. § 10. N. 1. of Forgery 33 H. 6. 1. § 1. N. 3. Servants imbezelling Intestates Goods may not commit such an Offender to Prison nor bind over the Informers nor take the Information upon Oath Crompt 56 a. b. Imprisonm XXXVII Dalt 55. cap. 20. If one shall bring a man suspected of Felony before any Justice of Peace but refuseth to be bound to give Evidence against the Prisoner either at the Goal-delivery or Quarter-Sessions as the Case shall require if such bringer hath given Evidence before the Justice against the Prisoner or can declare any thing material to prove the Felony and will not be bound to give Evidence upon his Tryal the Justice of Peace upon his discretion may commit to Prison such person so refusing or may bind him to his Good behaviour But if the bringer of a person suspected of Felony cannot declare any thing material to prove the Felony nor any other person then present it seemeth the Justice ought not to commit the Prisoner and so was the direction of Sir David Williams at the Assizes at Cambridge Yet the Justices shall do well to examine the Prisoner and if he shall confess the Felony then to commit him or if the Prisoner be a man of evil same and that there be a Felony committed in these Cases the Justice shall not do well to let him go but at least to bind him over to the next Goal-delivery and in the mean time to take further Inform ' against him Crompt 198 b. Dalt 290. cap. 109. Treason XXXVIII Dalt 234. cap. 91. The Justices of Peace may enquire of Pety-Treason as of Felony and out of their Sessions every Justice of Peace may deal with the Offenders therein as in the Case of Felony by Examination of the Offenders by taking Information against them and binding over the Informers to the General Goal-delivery and by committing the Offenders to the Goal Crompt 21. § 3. supra 26. Enquest XXXIX Dalt 236 237. The Enquiry of such a Felony belongeth to the Coroner and yet if Felo de se be cast into the Sea or so secretly buried that the Coroner cannot have the sight of his Body and so cannot enquire thereof then the Justices of Peace or any other having Authority to enquire of Felonies may enquire thereof for that it is Felony and a presentment thereof before them entituleth the King in his Goods Dalt 247. cap. 97. it 's Quaere XL. Dalt 248. cap. 98. Treason If the Justices of Peace shall Arraign a man of Treason before them at their Sessions who is found Guilty c. and thereupon is Hanged this is Felony as well in the Justices as in the Sheriff or Officer which shall hang him for that the Justices of Peace had no Authority therein but it was coram non Judice Lect. m. Cocke 10. Co. 76. XLI Dalt 248. ibid. Justices If the Justices of Peace shall Arraign a man of Felony upon an Indictment of Trespass whereupon he is Hang'd this is Felony in the Justices but not in the Sheriff or Officer Lect. m. Cocke 10. Co. 76. XLII Dalt 259. cap. 101. Yet may not the Justice of Peace viz. Bail because of variety of opinions Coron 178. Forfeiture Br. 1. Dr. St. 17 c. of the value of Pety-Larceny before whom such an Offender shall be brought out of the Sessions punish by his discretion the said Offender for Pety-Larceny and so let him go but must commit him to Prison or Bail him to the intent he may come to his Tryal as in case of other Felonies and if upon his Tryal the Jury shall find the Goods stolen to exceed 12 d. in value the Offender shall have Judgment to die for the fault XLIII Dalt 268. cap. 104. Bar. Feme Also the Wife is chargable for a Trespass done by her and her Husband together and therefore howsoevever in case of Stealing or of Robbery by Baron Feme it shall be safe for the Justice of Peace in such cases to commit the Wife to the Goal as well as the Husband XLIV Crompt 39. § 7. Escape A Justice of Peace sends for a Felon who is in the Goal and delivers him without Bond for his appearance and after he is Indicted this seemeth to be a voluntary Escape for he is the cause that he comes not to his Tryal and so where a man confesseth a Felony before a Justice of Peace and he lets him go without Bail c. But a thing that is done pro defectu Scientiae is no Felony Dalt 275. cap. 106. 25 Ed. 3. 39. XLV Crompt 44. § 44. Bail A Justice of Peace lets one go without Bail who is brought before him for Felony and confesseth it this is Felony in the Justice as it seemeth for he is the cause that he comes not to his Tryal Quaere 1 2 Phil. Mar. 12. § 3. N. 1. XLVI Dalt 275. cap. 106. Escape If a Justice of Peace or Sheriff shall Bail one who is not bailable this is a negligent Escape if by Ignorance Coron 246. Escape 4. XLVII Dalt 275. cap. 106. Bail But if one that is brought before a Justice of Peace for suspicion of Felony shall confess the Felony before the Justice of Peace and yet he shall suffer the Prisoner to go at large without Bail this is a voluntary escape and so Felony in the Justice XLVIII Dalt 288. cap. 108. If the party Robbed Escape or he that shall have any Goods stolen from him after complaint by him made of the Felony to a Justice of Peace or to a Constable shall then take his Goods again or otherwise be compounded withal and will not prosecute the Felon any further but will suffer him to escape after he was once so charged and perhaps arrested for the same Quaere if this makes not him an Accessary for that he did once agere Criminaliter by complaint made to the Officer against the Felon I think the Justice of Peace shall do well at least to bind over both the one and the other to the next Quarter-Sessions or to the next Goal-delivery and then to acquaint the Court with the whole matter Justices XLIX Crompt 40. § 13. Justices of Peace may enquire of Escapes 1 Rich. 3. 3. § 1. N. 2. 2 H. 5. 8. 3 H. 7. 1. § 1. N. 12. Justices L. Crompt 56 a. b. Nota That the eight Cases following though they are Felonies by Statute yet the Justices of Peace cannot enquire of them as it seemeth 33 H. 6. 1. of Servants Imbezelling Testators Goods 2 3 Ed. 6. 24. of Accessary in another County Nor of Indictment of Felony taken before Coroners or Justices of Goal-delivery or of Oyer and Terminer Nor of 5 Eliz. 14. § 10. N. 1. of Forgery Nor of Razing Records on 8 H. 6. 12. § N. Nor of Conspiracy to
that case provided by which he hath forfeited 5. s. to the use of the poor c. These are therefore to Authorize and Require you c. Given under my Hand and Seal c. Shepherds Clerks Cabinet 20 21. A Warrant upon 1 Car. 1. cap. 1. against Officers for negligence Games To the Constables Churchwardens and Overseers of the Poor of the Parish of N. in the County of Glouc. Glouc. ff Information and Complaint being given in and made unto us W. S. and I. S. two of his Majesties Justices c. that the prophanation of the Lords Day is very much and frequently practised within your Parish by 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 according 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 of you appear before the Justices of the Peace at the house of c. upon c. to bring in the Names in writing of those persons who shall in the mean time offend in the Premisses 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 c. Death see Coron Dear see Forest Deceit see Collusion Deeds see Inrollment Dedimus Potestatem see Oath Demurrer see Pleading Denyal of Offence see Proof Deodand see Coron Departure see Apprentice Deputy see Officer Denizen see Alien Dignity Peers Priviledge nosine Tryals Addition LAmbert 4. cap. 5. pag. 480. even so ought it to have been at the Common Law also viz. before 1 H. 5. 5. of additions in Indictments where process of Outlawry lay c. as touching Names of Dignity made by Creation as Duke Marquess Earl Viscount Arch-Bishop Bishop Knight or Serjeant at Law because every of these Titles was accounted parcel of the Name But it was not so of the Names of Baron Baneret and Esquire which are but Names of Dignity without collation nor of Chancellor Treasurer Chamberlain Sheriff Coroner Escheator Bayliff Dean Arch-Deacon Prebendary or Parson Which are Names of Dignity by reason of Office only unless the presentment did charge them in respect of their Offices II. Lamb. 531. I mean by the word Nobility as our Law speaketh Nosine which calleth none Noble under the degree of a Baron and not as men of foreign Countries do use to speak with whom every man of Gentile Birth is accounted Noble For we daily see that both Gentlemen and Knights do serve in the Parliament as Members of the Commons Howbeit in cases of forcible Entry Riot and unlawful Assembly or such like they of the Nobility shall be tryed by twelve men even as other inferior Subjects 3 4 Ph. Mar. reported by Dalison III. Crompt 134 135. A man who would have the Peace against a Lord Peace or such a Great Man whom the Sheriff durst not Arrest may have a Sub-poena out of the Chancery against him of common right as it was held in the Exchequer Chamber by all the Justices in the Case of the Dutchess of Suffolk 35 H. 6. Subpoena 20. Query If he will not appear upon the Sub-poena if he shall have an Attachment for it was held in the case of the Lord Cromwel in Chancery about 18 Eliz. that an Attachment doth not lye against a Lord where he makes default upon a Sub-poena against him out of the Chancery see Dyer 315. Pl. accord see Rast Entr. 29. The Lord Tiploss threatned and assaulted another and it was made appear and commanded that he should not meddle who promised it see 24 Ed. 3. 33 Contempts Br. 6. the like mattec 17 Ed. 4. 4. IV. Dalt I. S. 16. cap. 68. Recogn the Law hath conceived such an opinion of the peaceable disposition of Noblemen that it hath been thought enough to take one of their promises upon his Honour that he would not break the Peace against a man And therefore if a man shall have cause to have surety of the Peace against a Lord of the Parliament or such Great and Noble Personage he shall not have a Warrant from the Justices of the Peace to that purpose nor yet have a Supplicant out of the Chancery directed to the Justices of Peace therefore but if there be cause he shall have a Sub-poena 20. of common right as it seemeth out of the Chancery and there such Lord c. shall be bound to the Peace c. Contempt 134. V. Dalt 161 162. cap. 68. Arrest But though it be true that the person of a Baron who is a Peer of the Parliament shall not be arrested for or in cases of Debt or Trespass by his Body in respect of their Dignity and Sufficiency yet in cases of Contempt it seemeth they may be arrested by Capias or Attachment c. 27 A. 8. 22. b. 6 Co. 53 54. 11 H. 415. Replevin Br. 19. 9 Co. 45. or else it seemeth that the party may have the Peace in the Chancery against such Lord or Peer to have a Supplicant to the Sheriff c. F. N. B. 79. VI. Dalt 335. cap. 118. Process But the Justices of Peace are not to grant their Warrants for the Peace or the like against any Nobleman And yet if a Capias or Attachment shall be awarded against a Baron or Peer of the Realm from the Kings Justices at Westminster for a Contempt or in case of Debt or Trespass the Officer without any offence of Law may execute the same c. Distress see Process and Replevin Drapery Cloth Dyers Wooll Logwood I. LAmbert 3. cap. 1. pag. 331. Two such Justices quorum unus Corporation may once every year appoint Overseers for the whole year following of Cloth to be made or sold in any Town not being Corporate and may charge them upon their Oaths to see execution of some parts of the Statute 3 4 Ed. 6. 2 P. I. N. 1 Dalt 42. cap. 14. Officer II. Lamb. 364. If any person commanded by two Justices of Peace to appear to be made an Overseer to see 3 4 Ed. 6. 2 § 12. N. 1. kept do without reasonable excuse refuse to come and to take upon him that Office he is to forfeit for every such refusal 40. s. and thereof those Justices are appointed to have the one half Collusion III. Lamb. 461 462. Inquiry at Sessions on 3 4 Ed. 6. 2 § 1. N. 1. If any Clothier have not set
the Sessions delivers it to the Sheriff yet he shall not Surcease for he hath not any Authority to allow it but if it be delivered to any Justices of the Peace he may Award a supersedeas but if Restitution be made before the Sheriff hath the supersedeas the party shall have Restitution in B.R. on the Indictment removed there Crompt 162. supra 55. 164. b. infra 60. Dalt 214 215. cap. 84. 21 Jac. 8. Restitution LVIII Crompt 163. The form of a Writ of Restitution granted by Justices of Assizes on a Verdit found before them in trespass on 8 H. 6. 9. § 3 N. 3. and yet the Statute speaks of an Indictment which Writ of Restitution is directed to the Justices of Peace and Coroners of the County where Restitution should be made 1 Inst 257. Dalt 208. cap. 80. Rex Coronatoribus nostris in Com' S. ac custodibus pacis nostrae Justiciar ' nostris ad divers feâ—nias transgr ' alia Malefacta in eodem Com' audiend ' terminand ' assignat ' eorumcuilibet salutem Cum per quandam Juratam patriae inter H. C. Militem E. S. de M. W. P. de c. capt ' apud A. in Comitatu predicto die Jovis proxime post Festum S. Barthol ' Apostoli ultimum preterit Coram R. B. A. F. Justiciar ' nostris ad Assizas in Com' predicto capiend ' assignat ' perform ' Statut ' in hujusmodi casu provisi compert ' est quod predict ' E. W. die Anno c. in decem Messuagia c. predicti H. cum pertinentiis in R. vi armis ingressi sunt ipsum inde vi Armisac manu forti adtunc ibidem expulerunt disseisiverunt ipsum sic expulsum disseisitum vi armis usque diem inquisitionis predictae extratenuerunt prout in Curia nostra coram nobis plene liquet de Recordo unde predict ' H. C. nobis supplicavit sibi de remedio in hac parte provideri quia volumus eidem H. fieri quod est Justum in hac parte vobis precipimus quod vos aut aliqui vestrum ad hoc debite requifit ' una cum Posse Comitatus illius si necesse fuerit accedatis ac Messuagium cetera premissa ac Messuagia nementa illa cum pertinentiis reseisiri faciatis predictum H. ad in plenam possessionem suam inde prout ipse ante ingressum Disseisinam predict ' fuerat restitui mitti faciatis juxta form ' dicti Statuti de ingressionibus manu forti factis nuper editi hoc nullatenus omittatis periculo incumbente Teste c. 20 H. 8. Rot. 22. Rast Intr. 338. Courts LIX Crompt 164. A Forcible Entry was found before Justices of Oyer and Terminer and the Record was sent in B. R. where he that was ousted prayed to be restored and this matter was debated before all the Justices of England in the Exchequer Chamber and by their opinions they could not by their Commission of Oyer and Terminer ad inquirend ' de omnibus transgr ' de omnibus aliis Articulis Causis contra formam quorumcunque Statutorum fact ' sive perpetrat Inquire of Forcible Entries which was at another time granted in B. R. Hill H. 8. by all the Court as to this point in a like Case 1 2 Hen. 8. Kell 159. pl. otherwise it is of a Forcible Entry found before Justices of Peace and removed in B. R. for there the Justiees may make Restitution which see there clearly by all the Justices aforesaid LX. Crompt 164. b. If a man fear he shall be Indicted upon 8 H. 6. 9. and that thereupon Restitution shall be Awarded Certiorari he may have a Certiorari ready and when the Bill of Indictment is found he may deliver this presently to the Court and this is a supersedeas to the Restitution because that by this Writ the Indictment shall be removed and tho that the Indictment be found after the Test of the Writ of Certiorari it is not material for both are the Kings Courts 1 R. 3. 4. accord c. LXI Crompt 164. b. Traverse Tender of a Traverse to an Indictment made on 8 H. 6. 9. is no supersedeas but only by discretion for in strictness of Law whatever the Title of him that is ousted by force be it s not material because the Statute is general that he that is so ousted shall be restored and this well appears by the Case of a Disseisor who shall be restored against the Disseisee ousting him with Force Dyer 122. Lambert 158. § 46. LXII Crompton 165. A Question was demanded of the Justices of both Benches by the Keeper of the Great Seal Supersedeas if complaint be made at the Quarter Sessions to three Justices of Peace sitting there of a Forcible Entry and Forcible Deteyner of any Freehold by him that is Disseised and a Bill or Presentment thereof is there found to be contra form ' Statut ' 8 H. 6. 9. and the said Justices thereupon grant a Writ of Restitution Whether any other Justice of Peace who was absent from the Sessions may lawfully grant a supersedeas in this Case or not and as it seemeth if the Sessions were a special Sessions for this purpose and the Justices to whom such complaint had been made had repaired to the Force to have a View thereof according to the intent of the Statute and afterwards they had inquired thereof and found it and thereupon had granted a Restitution no other Justice could have granted a supersedeas for no other Justice hath Authority by the said Statute 8 H. 6. 9. to grant Restitution but only he or they before whom the Complaint and Force had been found and the Writ shall be made under the Teste of one of them only except the Justices de Banco Regis who have Supream Authority the King himself sitting there as the Law intends Dyer 187. Lambert 157. By this it seemeth that where the Indictment is found on the said Statute at the Quarter Sessions that two Justices of the Peace who were not at the Sessions cannot grant a supersedeas but two of those who were at the Sessions may do it well enough as I Collect by the opinion here And I and another Justice of Peace granted a supersedeas of Restitution granted by other Justices of Peace who were at the same Sessions because the Indictment was Erronious and he that should have had Restitution demanded of his Counsel if we did well and he procured another Sessions and no more was done upon our supersedeas Dalt 209. cap. 80. 211. cap. 81. LXIII Crompt 165. a. b. Joynder Two are Indicted of a Forcible Entry and Deteyner and upon the Traverse it s found one entred and another deteyn'd with Force yet Restitution in this Case shall be Awarded as in Acc. sur Stat.
Assize of Bread or Ale in such case where Corporal punishment is appointed 13 Rich. 2. 8. § 1. N. IV. Lamb. 452. Inquiry at Sessions if any have bought or sold by any unlawful Weights or Measures or if any person have bought or sold in any City or Market with any Weight or Measure that is not Lawfully marked or signed 11 H. 7. 4. § N. V. Lamb. 452. Or have bought Corn by heaped Measure in any place except within Ship-board or have used double Measures the one to buy the other to sell with 25 Ed. 3. St. 4. cap. 10. § N. 15 R. 2. 4. § N. Crumpt 94 b. Dalt 145. cap. 65. VI. Lamb. 452 453. Inquiry at Sessions if they of the Town where the King's Standard is appointed to remain have not their Common Weights and Measures signed or have not thereby signed Weights and Measures sold to all that have required the same and if the Head-Officers of Market-Towns have not twice yearly made View and Examination of Weights and Measures there 11 H. 7. 4. § N. Crumpt 94. ab VII Lamb. 453 Inquiry at Sessions if any Barrel for Beer contain not of the King's Standard 36 Gallons the Kilderkin 18 Gallons the Firkin 9 Gallons every Barrel of Ale 32 Gallons the Kilderkin 16 Gallons and every Firkin 8 Gallons 23 H. 8. 4. § 4. N. 1. Crumpt 92. b. Dalt 148. cap. 65. Wine VIII Lamb. 453. If any have made or brought into this Realm any Tun of Wine not containing 252 Gallons or Pipe not containing 126 Gallons or Tertian not containing 82 Gallons or Hogshead not containing 63 Gallons or Butt of Malmsey not containing 126 Gallons or Barrel of Herrings not containing 32 Gallons of Wine-Measure or Barrel of Eels not containing 42 Gallons or Butt of Salmon not containing 84 Gallons or any Kilderkins Tertian Ferkins or Rundlets but after the same rate 2 R. 3. 13. 2 H. 6. 11. § N. 28 H. 8. 14. § N. Crumpt 92. b. IX Lamb. 453. Inquiry in Sessions if any have made any Vessel of Soap that being empty containeth not 32 Gallons for the Barrel 16 for the half Barrel and 8 for the Firkin or weigheth above 26 li. the Barrel and 13 li. the half Barrel and 6 li. and a half the Firkin 23 H. 8. 4 § N. Dalt 145. cap. 65. Crumpt 92. b. X. Dalt 143. cap. 65. Troy Weight is by Law and thereby are weighed Gold Silver Pearl Precious-stones Electuaries Bread Wheat and all manner of Grain or Corn and this hath to the Pound 12 Ounces or 20 s. Sterling weight 2. Averdupois Weight is by Custom yet confirmed also by Statute and thereby are weighed all kind of Grocery Wares Physical Drugs Butter Cheese Flesh Wax Pitch Tar Tallow Wools Hemp Flax Iron Steel Lead and all other Commodities especially such as bear the name of Garbel c. whereof issueth refuse or wast Corn. XI Dalt 145. cap. 65. The difference of Measure of Corn should seem to come partly from the diversity of Clerks of the Market there being a Clerk of the Market for the King's House another for the Prince another for the Dutchy others in Corporate Towns and others belonging to Lords of Liberties and partly from the abuse of divers Corporate Towns and other priviledged Places or Liberties where they by usurped Custom without any good Warrant of Law have used to have and to buy by such Measures and where the Clerk of the Market for the King hath forborn or neglected to meddle in regard perhaps of their Corporation Liberty or some other respect but this abuse two Justices of the Peace the one being of the Quorum may reform c. 27 H. 8. 24. XII Dalt 146. cap. 65. And note that the Clerk of the Market shall carry with him all his Weights and Measures signed according to the Standard of the Exchequer 16 R. 2. 3. § N. and the Justices of Peace may yea ought for to sit with the Clerk of the Market at his coming into the Country XIII Dalt 146. cap. 65. Sir Francis Harvey hath often delivered in his Charge at Cambridge Assizes these directions scil 1. That one Justice of the Peace at the least ought to sit with the Clerk of the Market to see that the King's Subjects be not wronged And 2. That the Clerk of the Market ought to have with him his directions out of the Exchequer And 3. That he may take no mony for any Bills c. And 4. That he ought to Seal no Bushel or other Measures or Weights but once and not yearly as they use to do And 5. That if after the first Sealing he shall take any thing for the Sealing thereof again or for the shewing thereof c. it is Extortion yea one of the greatest Oppressions for that it concerneth almost all men XIV Dalt 147. cap. 65. For the punishment of the Bakers for their unlawful Bread Quaere Whither they shall only be Amerced c. after Indictment and Conviction of their said offence or that the Justices of Peace or Sworn Officers in Leets may take away their unlawful Bread and give it among the Poor as Officers in Towns Corporate are inabled or appointed to do in the end of the Book of the Assize Printed 1597. And all Justices of Peace are there willed and required to be aiding and assisting to the said Officers therein But by 51 H. 3. pag. 10. 13 R. 2. 8. § 1. N. 4. Bakers and Brewers being Convict for not observing the Assize the first second and third time they shall be Amerced But if the offence be grievous or often then they shall suffer punishment of the Body without Redemption scil The Baker to the Pillory and the Brewer to the Tumbrel or Cucking-stool or some other Correction Incert temp 85. cap. 5 6. XV. Dalt 148. cap. 65. No Cooper shall make any other Vessel for Beer or Ale to be sold within this Realm of any greater or lesser number of Gallons unless he shall cause to be marked upon every such Vessel of greater or lesser number of Gallons the true and certain number how many Gallons such other Vessel shall contain 23 H. 8. 4. § 4. N. 1. Crumpt 92. b. XVI Dalt 148. cap. 65. It appeareth by Mr. Crumpt 94. b. That it was agreed by the Justices that the Measure of Wine and Ale should be all one but now by the Statute 1 Jac. 9. § N. Ale and Beer shall be sold by Retail by one and the same Measure scil the Ale-Quart XVII Dalt 148. cap. 65. And for the Prices of all Vessels of Ale and Beer by the Statute 23 H. 8. 4. § 5. N. 1. any two Justices of Peace might Assess the Prices thereof and that no Brewer shall take for any Barrel Kilderkin or Firkin c. of Ale or Beer but after such Prices and Rates as shall be Assessed by the said Justices of Peace in the Country or by the Mayor or their Head Officers
11 H. 7. 2. § 1. N. 10. And that the Lord of every Leet within this Realm and the Sheriff in his Tourn Leet have Authority to enquire thereof in his Leet and Tourn and the Lord of the Leet to have for every default found as is abovesaid 1 s. 8 d. and the Sheriff to enquire in his Tourn of such escapes within the Jurisdiction of his own and to have 1 s. 8 d. for every such default found in his Tourn 19 H. 7. 12. § 1. N. 11. XXV 11 H. 7. 2. § 1. N. 11. And that the penalty limited by this Ordinance be forfeited by any Officer or any other person Forfeiture for non punishment of Vagabonds and other misruled persons within every City where Mayor and Aldermen be that the profit of every such penalty be unto the Alderman of that Ward where such forfeiture is had or made to his own profit 19 H. 7. 12. § 1. N. 12. XXVI 11 H. 7. 2. § 1. N. 12. And also it is ordained and enacted Distress c. that it shall be lawful to every man intituled to have the penalty to distrain for it in like wise as the Lord of any Leet may do for Amerciaments and Fines had and assessed in the same Leet 19 H. 7. 12. § 1 N. 13. Women XXVII 11 H. 7. 2. § 1. N 14. Provided always that deminution of punishment of Vagabonds and Beggars aforesaid may and shall be had for women great with Child and men and women in extream Sickness by him that hath authority to do the said punishment 19 H. 7. 12. § 1. N. 17. Alen. XXVIII 22 H. 8. 10. For as much as before this time divers and many outlandish people calling themselves Aegyptians using no Craft nor Feat of Merchandise have come into this Realm and gone from Shire to Shire and place to place in great Company and used great subtlety and crafty means to decline the people bearing them in hand that they by Palmestry could tell Mens and Womens fortunes and so many times by Craft and Subtlety have deceived the people of their mony and also have committed many and hainous Felonies and Robberies to the great hurt and deceit of the people that they have come among 1 2 Ph. Mar. 4. Forfeiture XXIX 22 H. 8. 10 § 2. N. 1. Be it therefore c. ordained c. that from henceforth no such person be suffered to come within this the Kings Realm and if they do then they and every of them so doing shall forfeit to the King c. all their Goods and Chattels and then to be commanded to avoid the Realm within fifteen dayes next after the commandment upon pain of imprisonment 39 Eliz. 3. § N. Lamb. 437. Seisure XXX 22 H. 8. 10. § 2. N. 2. And it shall be lawful to every Sheriff Justice of Peace and Escheator to seize to the use of our Sovereign Lord his Heirs and Successors all such goods as they or any of them shall have and thereof to make account to our said Sovereign Lord in his Exchequer Enquest XXXI 22 H. 8. 10. § 2. N. 3. And if it shall happen any such Stranger hereafter to commit within this Realm any Muder Robbery or any other Felony and thereof be Indicted and Arraigned and to plead not Guilty or any other plea tryable by the County that then the Enquest that shall pass between the King and any such party shall be altogether of English-men albeit that the party so indicted pray medietatem Linguae according to the Statute Anno 8 H. 6. viz. 8 H. 6. 29. § N. or of any other Statute thereof made Exile XXXII 22 H. 8. 10. § 3. N. 1. Provided always that the Aegyptians now being in this Realm have monition to depart within sixteen dayes after Proclamation of this Statue amongst them shall be made upon pain of Imprisonment and forfeiture of their goods and Chattels and if they then so depart that then they shall not forfeit their Goods nor any part thereof this present Statute notwithstanding Restitution XXXIII 22 H. 8. 10. § 4. N. 1. Provided always that every such person or persons which can prove by two Credible persons before the same party that seizeth such Mony Goods or Chattels of the same Aegyptians that any part of the same Goods Mony or Chattles were craftily or Feloniously taken or stolen from him shall be incontinently restored unto the same Goods Mony or Chattels whereof he maketh such proof before the same party that so seizeth the same Mony Goods or Chattels upon pain to forfeit to the same party that maketh such proof the double value of the same by action of debt bill or otherwise in any of the Kings Courts to be sued upon which action and suit he shall not be admitted to wage his Law nor any protection or Essoin to be allowed any thing in this Act to the Contrary notwithstanding Seisures XXXIV 22 H. 8. 10. § 5. N. 1. Provided always and be it further Enacted that if any Justice of Peace Sheriff or Escheator which by Authority of this Act have power to take or seize any Goods or Chattells of any Aegyptians at any time hereafter do seize or take the Goods or Chattels of any such Aegyptians that then every such Justice Sheriff or Escheator doing the same shall have keep and retain to his own use the moity of all such Goods so by him seized and of the other moity so by him taken or seized shall make answer and accompt to the King in his Exchequer according to the tenor of this present act any thing in the same act contained to the contrary hereof notwithstanding and that upon any account hereafter to be made for the said other moity of the same Goods the accountant shall pay no manner of fees or other charges for his account or discharge to be had in the Kings Exchequer nor elsewhere XXXV Lambert 2 Cap. 7. pag. 195. 196. Seisure Every Justice of the Peace may within one month after the arrival seize all the Goods of any Outlandish persons calling themselves Aegyptians that shall come into this Realm and may also keep the one moity thereof to his own use making account to the King in the Exchequer for the other moity And every person that can prove by two Credible Witnessess before him that so seizeth that any of those Goods were craftily or feloniously taken from him shall be incontinently restored thereto before the party that so seizeth them upon pain of the double value thereof to be forfeited to such Prover 22 H. 8. 10. § But note that after the Month the offence is made Felony and then it seemeth the King is to have the Goods wholly 1 2 Ph. Mar. 4. § N. XXXVI Lambert 364. 365. And every Justice of the Peace is allowed to retain to his owe use the one moity of all strangers Goods Seisure
put in Bond by Recognizance of 10 l. to be levyed of his Lands Tenements Goods and Chattels to the use of our said Soveraign Lady If he keepeth not the said offender in his service for two whole years and bring him or her unto the Sessions at the said two years end or good proof of his or her Death CCLXXXIV 14 Eliz. 5. § 4. N. 4. And if such Rogue or Vagabond Departure so taken into service depart within the same two years from his or her said service against the will of him that so took him or her into his service that then such Rogue or Vagabond shall be taken adjudged and deemed as a Felon in all respects and shall in all degrees have suffer and forfeit as a Felon without allowance or benefit of Clergy or Sanctuary CCLXXXV 14 Eliz. 5. § 4. N. 5. And if such Rogue or Vagabond Coron after 40. days next after he or she shall be two several times taken into service as is aforesaid do either in the said County or elsewhere Eftsoons the third time fall again to a kind of Roguish or Vagabond trade of life that then such Rogue or Vagabond shall be adjudged and deemed for a Felon and suffer pains of Death and loss of Lands and Goods as a Felon without allowance or benefit of Clergy or Sanctuary CCLXXXVI 14 Eliz. 5. § 5. N. 1. And for the full expressing what person and persons shall be intended withing this branch to be Rogues Vagabond Vagabonds and Sturdy Beggers to have and receive the punishment aforesaid for the said lewde manner of life CCLXXXVII 14 Eliz. 5. § 5. N. 2. It is now published Attorny c. that all and every such person and persons that be or utter themselves to be Proctors or Procurators going in or about any Country or Countries within this Realm without sufficient Authority derived from or under our Soveraign Lady the Queen Games CCLXXXVIII 14 Eliz. 5. § 5. N. 3. And all other Idle persons going about in any County of the said Realm using subtile crafty and unlawful games or plays and some of them feigning themselves to have knowledge in Phisnomy Palmistry and other abused Sciences whereby they bear the people in hand they can tell their Destinies Deaths and Fortunes and such other like fantastical Imaginations 22 H. 8. 12. § 6. N. 2. Ability CCLXXXIX 14 Eliz. 5. § 5. N. 4. And all and every person and persons being whole and mighty in body and able to labor having not Land nor Master nor using any lawful Merchandize Craft or Mistery whereby he or she might get his or their living and can give no rckoning how he or she both lawfully get his or her living Games CCXC. 14 Eliz. 5. § 5. N. 5. And all Fencers Bearwards Common-players in Enterludes and Minstrels not belonging to any Baron of this Realm or towards any other Honorable personage of greater degree all Inglers Pedlers Tinkers and pety Chapmen which said Fencers Bearwards Common-players in Enterludes Minstrels Inglers Pedlers Tinkers and pety Chapmen shall wander abroad and have not Licence of two Justices of Peace at the least whereof one to be of the Quorum where and in what Shire they shall happen to wander 5 6 Ed. 6. 21. Crompt 199. b. Laborers CCXCI. 14 Eliz. 5. § 5. N. 6. And all Common Laborers being persons able in body using loytering and refusing to work for such reasonable wages as is taxed and Commonly given in such parts where such persons do or shall happen to dwel Forgery CCXCII 14 Eliz. 5. § 5. N. 7. And all Counterfeiters of Licence Pasports and all users of the same knowing the same to be Counterfeit Scholars CCXCIII 14 Eliz. 5. § 5. N. 8. And all Scholars of the Universities of Oxford or Cambridge that go about Begging not being authorized under the Seal of the said Universities by the Commissary Chancellor or Vice-Chancellor of the same 12 Ric. 2. 7. § 1. N. 4. Mariners CCXCIV. 14 Eliz. 5. § 5. N. 9. And all Shipmen pretending losses by Sea other then such as shall be hereafter provided for Imprisonment CCXCV. 14 Eliz. 5. § 5. N. 10. And all persons delivered out of Goals that Beg for their their Fees or do travail to their Countries or Friends not having Licence from two Justices of the Peace of the same County where he or she was delivered Vagabond CCXCVI. 14 Eliz. 5. § 5. N. 11. Shall be taken adjudged and deemed Rogues Vagabonds and sturdy Beggers intended of by this present Act. Vagabonds CCXCVII. 14 Eliz. 5. § 5. N. 12. Together with all and every such other person and persons as shall be hereafter for altering and breaking of such Good Orders as in the second part of this present Act shall be Established for the relief of the aged and impotent Poor people set forth and declared to be Vagabonds Cottages CCXCVIII 14 Eliz. 5. § 6. N. 1. And further be it Enacted that if any person or persons after the said Feast of Saint Bartholomew give any Harborough Mony or Lodging or any other relief to any Rogue Vagabond or sturdy Begger either marked as before or not marked not having such a Licence as is before recited from two Justices of the Peace then in Continuance and that duely proved before the Justices of Peace at their Quarter Sessions shall make such fine to the Queens Majesty as by the discretions of the said Justices or the more part of them at the General Sessions shall be assessed so as the same exceed not 20 s. West Symb. 2 part 127. b. Sect. 194. Proces CCXCIX 14 Eliz. 5. § 6. N. 2. And also if any person or persons do disturbe or let the Execution of this Act in any manner of wise or make rescouse against any Mayor Bailiff or other person that shall endeavour himself for or about the due Execution hereof shall forfeit and lose 5 l. and over that shall have Imprisonment at the Queens Majesties pleasure CCC 14 Eliz. 5. § 7. N. 1. Provided always that this Act Accessary nor any thing herein contained shall not extend to make any person or persons Accessary or Accessaries to the Felonies made by this Statute nor that any attainder by any the Felonies aforesaid shall work or be any corruption of blood in the Issues or line of the person attainted CCCI. 14 Ed. 5. § 8. N. 1. Provided also that it shall be still lawful to all Masters and Governors of the Hospitals Hospital to lodge or Harbor any impotent or aged person or persons of Charity or Alms according to their foundation and to give Mony in Alms in as large manner as they are bound to do by their foundation to any such aged or impotent person any thing herein contained to the contrary in any wise notwithstanding CCCII 14 Eliz. 5. § 9. N. 1. Provided always that Ship-men and Souldiers
and Holyday 11 Cook 61. Dr. Fosters Case 1 Rol. 93. 3 Bulstr 87. pl. Dominus Rex Law Hob. 97. Alien XVI The Laws c. 26. Abr. 24. In an Indictment upon 1 Eliz. 2. § 14. N. 1. It need not be averred that the Offender is an Inhabitant within this Realm c. for if he be not that ought to come on the other side Godbolt 148. pl. 191. An. Mannocks Case Averrment XVII The Laws c. 26. 27. Abr. 25. Nor need it be averred in such Indictment on 1 Eliz. 2. § 14. N. 1. that the party had no lawful or reasonable excuse to be absent but that ought likewise to come on the other side 2 Leonard 5. pl. 6 Eliz. Dormers Case Note that these words having no lawful or reasonable excuse c. are by mistake in that Case supposed to be in 23 Eliz. 1. Justices XVIII The Laws c. 30. Abr. 30. These words in like manner and form in 1 Eliz. 2. § 22. N. 1. appoint in what manner the offences shall be enquired of heard and determined by Mayors and Head Officers of Corporations c. By Indictment for so inquire imports and tryal and verdict of twelve men or such other legal proceedings upon the said Indictment as are used by the Justices of Oyer and Terminer and Assizes in their general Sessions For the Mayor or Head Officer is not left by this Act to his own Arbitrary Will or Discretion in the hearing and determining the offence but must proceed according to the rules and forms of Law in the Conviction of the offender 2. And 1 Eliz. 2. § 22. N. 1. Saith to which Justices of Assize do not commonly repair so that the Mayor or head Officer of such places were only intended in the Lieu and Room of Justices of Assize and are therefore to proceed by the same Rules as they do in the Counties at large 3. But these words 1 Eliz. 2. § 22. N. 1. extend not to the point of time limited for Indicting such offender Days nor are Mayors and Head-Officers tyed to their next Sessions as the Justices of Oyer and Determiner and of Assize are as Wing Tit. Service and Sacraments N. 26. mistakes for in like manner and form is intended in such respects only where it is not otherwise provided for by the Statute but it is expresly provided here 1 Eliz. 2. § 22. N. 1. that Mayors and Head Officers of Corporations shall inquire of these offences only twice in the year viz. within fifteen days after Easter and Michaelmas and not at their general Sessions unless it happen to be the Sessions after one of those two Feasts Nor can the Arch-Bishop or Bishop by 1 Eliz. 2. § 18. N. 1. Associate himself in this Case to any Mayor or Head Officer of a Corporation as Wing tit Service and Sacraments N. 25. mistakes XIX The Laws c. 37. Abr. 35. Indictment By Presentment here 5 Eliz. 1. § 3. N. 2. is to be understood not only that which is properly so called which the Jurors find and present to the Court without any former Indictment delivered to them but also an Indictment which is drawn and engrossed in form of Law and delivered to the Jurors to be inquired of which Indictment the Justices here named have power to take by force of the word Inquire 5 Eliz. 1. § 4. N. 1. and is included within the word presentment 5 Eliz. 1. § 3. N. 2. being a species of it for every Indictment found by the Jurors is a presentment and the Record saith Juratores c. praesentant c. when they find an Indictment but every presentment is not an Indictment 2 Inst 739. and as well the one as the other touching the offences aforesaid must be certified in B. R. infra 72. XX. The Laws c. 41. Abr. 41. Certificate It is not necessary on 5 Eliz. 1. § 9. N. 1. that it be mentioned of Record in B. R. how or by whom the Certificate was brought in thither and in Bonners Case Dyer 234. pl. where the Bishop of Winchester certified the refusal of this Oath of Supremacy and Exception was taken that the Certificate was entred to be brought into Court per A. B. Cancellarium dicti Episcopi but not per mandatum Episcopi and the Exception was disallowed for that reason XXI The Laws c. 41. Abr. 42. And on 5 Eliz. 1. § 9. N. 3. a Jury of the County where the Kings Bench is Inquest can do no more in this Case than inquire that is indict the party refusing the Oath unless where the refusal is in the same County 2. Horn Bishop of Winchester tendered this Oath in Surrey parcel of his Diocess to Bonner then late Bishop of London who refused to take it and this was Certified by the Bishop of Winchester into B. R. then sitting at Westminster in the County of Middlesex where Bonner was Indicted by a Jury of that County according to this Act 5 Eliz. 1. § 9. N. 3. the question was by what County he should be tried whether by a Jury of Middlesex where the Indictment was taken or by a Jury of Surrey where the Offence was committed and it was resolved that he should be tryed by a Jury of Surrey for 5 Eliz. 1. § 9. N. 3. extendeth to the Indictment only and leaveth the tryal to the Common-Law which appoints it to be where the Offence was committed for regularly by the Common Law debet quis Juri subjacere ubi deliquit 6 and 7 Edw. 6. Dyer 234. 3 Inst 34. XXII The Laws c. 44. Abr. 45. Altho by this act 5 Eliz. 1. § 17. N. 1. no temporal person Previledges of or above the degree of a Baron is compellable to take this Oath yet if he be made a Justice of Peace he ought to take it by force of 1 Eliz. 1. § 19. N. 1. Jones 152 153. the Earl of Lincolnes Case Intendment XXIII The Laws c. 52. 53. Abr. 55. Upon 13 Eliz. 2. § 7. N. 3. The intent is material in this Case and therfore if a man be Indicted upon the Statute for bringing in and offering or delivering such Agnus Dei c. or receiving the same the intent must be mentioned in the Indictment as it must be in Indictments upon all Statutes where the intent as here is made part of the offence so in an Indictment upon 5 6 Ed. 6. 4. § 3. N. 1. It is not enough to say the party drew his Dagger in the Church against I. S. but it must be averred that he did it with an intent to strike him as was resolved by the Court of B. R. Trin. 33 Eliz. in Penhalls Case 4 Leonard 49. pl. 127. It seemeth by the words of 13 Eliz. 2. § 7. N. 3. That to make the Receiver of such superstitious things an offender within it there must be a Concurrence of intentions for the using
Wife And that it was not intended that they should seize burn or deface any Books of the Husbands though Popish unless such whereby the Wife might be aided or confirmed in her Superstition So that in this Case Books written in a language or stile unintelligible to the Wife are not within the meaning of 3 Jac. 5. § 26. N. 2. nor ought by colour thereof to be taken from the Husband who is no Popish Recusant LXXX The Laws c. 238. Abr. 255. Ware In the same County where such Popish recusant shall be resident 3 Jac. 5. § 27. N. 1. A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant such Arms cannot be seized by force of this Act by the Justices of Peace of either County Not by the Justices of Peace of the County where the Arms are kept for the seizure or taking is here limited to be by Warrant at the Sessions in the County where the Recusant resides and 3 Jac. 5. § 27. N. 1. must be strictly pursued in that particular Nor by the Justices of Peace of the County where the resident is Recusant for the Arms are in another County where they have nothing to do And also in some Cases where a Statute appoints a Justice of Peace to do a thing he may do it out of his County Justices as to take an Examination upon the Statute of Winton 13. Ed. 1. Stat. 2 cap. 1. N. of a Robery 27 Eliz. 13. § 11. N. 2. as was resolved 1 Cr. 213. Jones 239. Helier vers H. of Benburst yet he cannot Exercise any coercive Power out of his County as was resolved in that Case for his Potestas Jurisdictionis is confined to his Couâ—ty as well as that of a Bishop is confined to his Dioces See Palmer 473. Ascuiths Case Infra 266. N. 2. And here the taking Recusants Armor is a coercive Act and therefore by 3 Jac. 5. § 27. N. 1. can be Executed by warrant of the five Justices of Peace in that County only where they are Justices so that this is clearly Casus omissus and not provided for by this Act. LXXXI The Laws c. 238. Abr. 256. Imprisonment Imprisoned by warrant of or from any Justices of Peace 3 Jac. 5. § 28. N. 1. Any two Justices may grant their Warrant for imprisoning the Offender and 't is sufficient in this Case for Pluralis numerus ect duobus contentus but a Warrant from any one Justice will not serve contrary to Wingate Crown 145. LXXXII The Laws c. 238. 239. Abr. 257. Of such County Lieu. 3 Jac. 5. § 28. N. 1. That is of the County where the Popish Recusant is resident for no other County was named before A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant the Justices of Peace of that other County cannot by force of this Act 3 Jac. 5. § 28. N. 1. imprison him that keeps them for they are not named here but the Power in this Case is expresly limited to other Justices and no other can intermeddle therein Neither will the Warrant of the Justices of Peace of the County where the Recusant is resident reach him who is in another County for the coercive Authority of a Justice of Peace cannot exceed his limits or bounds as Com. 37. is held in the Sheriffs of Londons Case And therefore in the Case of the Lord Say it was resolved That if a Justice of Peace of the County where the Felony was committed pursue a Felon into another County and take him there the Felon must be imprisoned in the County where he is taken and the Justice of Peace who pursued him hath no Power to carry him to the Goal of the County where he did the Felony for he is a Prisoner in the County where he was taken and there the Justice of Peace hath no more Power to do then an ordinary person 13 Ed. 4. 8. Fresh Suit Br. 3. So that as it seems in this Case the Party who keeps such Arms cannot be imprisoned by 3 Jac. 5. § 28. N. 1. but this likewise is Casus omissus and not here provided for Oath 7 Jac. 6. of Allegiance LXXXIII The Laws c 243. upon 7 Jac. 6. § 8. N. 1. The King cannot dispence with any Member of the Commons House of Parliament from taking this Oath of Allegiance for that he is here declared to be Persona inhabilis untill he take it Vaughan 355. Thomas and Sorrel Supra and 3 Inst 154. Justices LXXXIV The Laws c. 246. For any two Justices of Peace within any County City or Town Corporate c. 7 Jac. 6. § 26. N. 2. the two Justices may require this Oath of any person that shall happen to be within their Jurisdiction although his habitation be in another County or Liberty for the Oath of Allegiance Sequitur personam non locum 2 Bulstr 155. The King against Griffith c. Oath LXXXV The Laws c. 246. Abr. 260. To require any person or persons 7 Jac. 6. § 26. N. 2. This is an Enlargement of the Power given to two Justices of Peace by 3 Jac. 4. § 13. N. 4. for thereby they could have required the Oath but only in some particular Cases Supra But by 7 Jac. 6. § 26. N. 2. They may require it of any person whatsoever of competent Age and under the degree of a Baron or Baroness The Justices of the Peace in this Case 7 Jac. 6. § 26. N. 2. or the Justice of Peace in the following Case 7 Jac. 6. § 26. N. 4. may make his or their special Warrant to the Constable to bring the party before the said Justice or Justices to take the Oath for 7 Jac. 6. § 26 N. 2. by giving them Power to require the Oath doth implicitly authorize them to make such a Warrant Quando lex aliquid alicui concedit concedere videtur id sine quo res ipsa esse non potest and it is against the Office of the Justices of Peace and the Authority hereby given them to go and seek the Party 12 Co. 130. But the Constable cannot by vertue of such Warrant break the House where the Party is for he is no Offender before he refuse the Oath or commit some contempt to the King Endictment LXXXVI The Laws c. 247. Abr. 263. Shall stand and be Presented Indicted or Convicted 7 Jac. 6. § 26. N. 4. These words being in the Disjunctive it is not necessary that the party be convicted but if he stand Presented or Indicted for not coming to Church or not receiving the Sacrament and be under the degree of a Baron the Justice of Peace ought to tender him this Oath Intendment LXXXVII The Lands c. 247. 248. Abr 264. And the said Iustice shall find cause of Suspition 7 Iac. 6.
there is such a President in the old Book of Justices of Peace Impress 1561 fol. 41. yea it is the common Practice at this day and it seemeth to be very serviceable and of two Evils the less is to be chosen scil that an Offender or suspected Person should be Imprisoned for a time though sometimes wrongfully than that one which hath committed a Felony should escape unpunished 5. Next Indictment For the Justices of Peace to bind one or to grant a Warrant against Offenders upon any penal Statute to appear at the Sessions to answer to their Offences or fault though such Statute be within the Power of the Justices of Peace yet such Warrant or binding over of such Offenders may seem not Warranted unless it be specially so appointed in the Statutes But such Offenders ought first to be Indicted and thereupon Process from the Sessions is to be Awarded against them untill they come in c. 6. And yet there be sundry Precedents of Attachments made from one Justice of Peace against Labourers c. but these may seem also to have been Warranted c. by 25 Ed. 3. 6. § 1. N. 1. which Statute is now repealed by 5 Eliz. 4. § 2. N. 1. Lambert 187. supra 7. Also it is usual by way of prevention to bind by Recognizance such as do Tramel for Larks that they shall destroy no Partridges As also to bind by Recognizance Butchers and all Victuallers that they shall not kill nor dress any Flesh in Lent time contrary to the Laws and for these purposes the Justices of Peace do grant out their Warrants to convent the said Persons before them for Victuallers viz. Taverners Inholders Alehouse-keepers Keepers of Ordinary Tables and other Victuallers I have known sundry Proclamations which seem to Warrant the Justices of Peace therein but for the other what Law or Warrant there be for it I know not untill the Offender be Convicted XXXIX Dalt 332. cap. 117. Officer The Officer to whom any Warrant shall be directed and delivered ought with all speed and secrecy to seek and find out the party and then to execute his said Warrant 2. And an Officer giveth sufficient notice what he is when he saith to the Party I Arrest you in the Kings Name c. and in such Case the Party at his Peril ought to obey him though he knoweth him not to be an Officer And if he have no lawful Warrant the Party grieved may have his Action of false Imprisonment against him XL. Dalt 333. cap. 117. Notice Where there be two or three known by the Name of J. S. of D. Yeoman and upon a Warrant or other Process granted out against one of them another of them is Arrested an Action of false Imprisonment will not lye against the Officer for this for the Officer is not bound at his Peril to take notice which of them is the Offender c. and perhaps no particular Offence is mentioned in the Warrant Yet see L. 5 Ed. 4. 51 84. pro contra 11 H. 4. 90. Crompt 174. supra ideo Quaere 2. Where a Warrant is granted out against J. N. the Son of W. N. and the Officer thereupon Arresteth J. N. the Son of T. N. although in truth he be the same Person that Offended and against whom the Complaint was made yet this Arrest is tortious and the Officer Subject to an Action 10 Ed. 4. 12. Faux Imprisonment Br. 38. 3. The Officer upon any Warrant from a Justice of Peace for the Peace or Good-behaviour or in any other Case where the King is a Party may by force break open a Mans house to Arrest the Offender c. XLI Dalt 334. cap. 117. Examination If a Justice of Peace shall grant his Warrant to one to apprehend another for Murder Robbery or Felony it shall be safe for the Justices upon delivery of the said Warrant to take upon Oath the Examination of the said Party that requireth the Warrant or at least to bind him over by Recognizance to give Evidence at the next Goal-delivery c. against the Offender lest that afterwards when the Offender shall be brought by the Officer before the Justice upon his said Warrant or else happen to yield himself to the said Justice then the Party that procured the Warrant be gone Lambert 210 211. Proof 1. 2. For by credible report I am informed that one having procured a Warrant from a Justce of Peace in Suffolk against another for Robbery done upon the Highway and the Justice upon the delivery of his Warrant not having bound over the Complainant to give Evidence nor taken his Examination c. that at the next Assizes and Goal-delivery the Party charged with the Robbery came and offered himself to the said Justice of Peace who immediately acquainted Sir Thomas Fleming then Lord Chief Justice and Judge of Assize there with the whole matter but the said Judge much blamed the said Justice of Peace for not having bound over the said Complainant at the first when be granted him the Warrant and charged the said Justice of Peace at his Peril presently to send for the Party Complainant to come to give Evidence c. and further directed the said Justice of Peace presently to bind over the Party charged with good Sureties for his Attendance and Appearance Dalt 352. cap. 121. Arrest XLII Dalt 335. cap. 118. If the Constable or other Officer upon a Warrant received from a Justice of Peace shall come unto the Party and require or charge or command him to go or come before the Justice c. this is no Arrest or Imprisonment and upon a Warrant for the Peace the Officer ought first to require the party to go before the Justice before he may Arrest him Lambert 93. supra Dignity 2. But the Justices of Peace are not to grant their Warrants for the Peace or the like against any Noble-man And yet if a Capias or Attachment shall be Awarded against a Baron or Peer of the Realm from the Kings Justices at Westminster for a Contempt Or in Case of Debt or Trespass the Officer without any offence of Law may execute the same for that the Officer is not to dispute the Authority of the Court. 3. Ecclesiastical Persons also may be Arrested and that by a Warrant from the Justices of Peace in some Cases Venire Fac. XLIII Dalt 405. cap. 132. The Venire Facias is thus Carolus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensoris c. Vicecom ' Com. Cantabr ' salutem Precipimus tibi quod non omittas propter aliquam libertatem in Balliva tua quin Venire Facias A. B. de C. in dicto Com. tuo Yeoman Coram R. M. Milite M. D. Armiger ' duobus Justiciar ' nostris ad Pacem conservand ' nec non ad diversas Felonias Transgr alia Malefacta in dicto Com. perpetrata audiend '
terminand ' Assignatis apud Lynton in Com. tuo 1 die Maij proximum futurum ad respondend ' nobis super quibusdam Articulis super ipsum A. B. presentatis habeas ibi tunc hoc Preceptum Teste R. M. M. D. apud Lynton Distress 2. The Distringas thus Carolus Dei Gratia c. Vicecom ' c. salutem Precipimus tibi quod non omittas propter aliquam libertatem in Balliva tua quin eam Ingrediaris Distringas A. B. de C. in Com. tuo Yeoman per omnia terras tenementa c. quod de exitibus eorum respondeas c. quod Habeas Corpus ejus coram c. Justiciar ' c. ad respondend ' c. Teste c. Jâ—â—tices XLIV Dalt 404. cap. 132. The difference between Process and the Precept or Warrant of the Justices of the Peace seems to be this that the Precept or Warrant is only to Attach and Convent the Party before any Indictment or Conviction and may be made either in the Name of the King or of the Justice c. Process is always in the Name of the King and usually after an Endictment found or after other Conviction XLV 2 Inst 591. Imprisonment Hereupon it appeareth that the common Warrant or Mittimus to answer to such things as shall be objected against him is utterly against Law 4 Inst 177. Lambert 187. supra 12 Co. 103. supra Proclamation see Notice Process Proof Evidence Examination Witnesses Testimony Accusation I. LAmbert 210. 211. Examination Every Justices of Peace before whom any Person Arrested for Manslaughter or Felony or Suspition thereof shall be brought ouhgt before he commit him to Prison to take the Examination of such Prisoner and the Information of those that bring him and to put the same or so much thereof as shall be material to prove the Felony in writing within two days after and to take Bond of all such as do declare any thing material to prove the Offence to appear at the next general Goal-delivery and to give Evidence there against the Offender 2 3 Ph. Mar. 10. § 2. N. 2. Dalt 334. cap. 17. Proces 41. infra Dalt 295. cap. 111. Lambert 213. 214. Oath To this latter Opinion of taking Informations or Examinations on Oath I my self am ready to subscribe as well because I have heard some Justices of Assize deliver their minds accordingly as also for that I have found by Experience that without such an Oath many Informers will speak coldly against a Felon before the face of the Justice having belike first made their Bargain with the Offender or his Friends before that the Justice did hear of the cause Crompt 194. § 5. Dalt 171. cap. 70. 2. The Bond spoke of in 2 3 Ph. Mar. 10. § 2. N. 4. and in some others Recogn 9. seemeth to be meant of a Recognizance acknowledged unto the Kings use conditioned to the performance of that which the Statute appointed Crompt 196. § 3. 3. For as in the Case of Surety of the Peace and good abearing Records the Justice of the Peace takes usually a Recognizance and is Warranted so to do being made a Judge of Record as touching Matters of the Peace though he hath no full words for it either in any Statute or in the Commission so being Authorized by 2 3 Ph. Mar. 10. § 2. N. 1. to deal in this matter he may be well said to have herein implied by good congruence a Power to Record the acknowledging of a Sum of Money forfeitable to the King for not performing the Condition of the same Dalt 170. cap. 70. III. Crompt 102 b. pl. 26. Evidence If a Man gives Evidence to a Justice of a Felony against another and will not be bound to give it at the Assizes he shall be Committed by discretion because the Statute 2 3 Ph. Mar. 10. § 2. N. 4. saith that he shall be bound to give it 1 2 Ph. Mar. 13. Certification IV. Crompt 167 b. The Justice of Peace who takes any Examination touching plaints entred in the Courts of Sheriffs against 11 H. 7. 15. § N. and doth not certifie it in the Exchequer within a quarter of a year after shall lose 40 s. for his default therein by the said Statute Recognizance V. Crompt 197 b. pl. 25. A Coroner may take a Recognizance or Obligation of such who give Evidence before him Super visum corporis to prove him that Kill'd the Party Culpable and bind them to appear before the Justices of Goal-delivery 2 3 Ph. Mar. 10. § 2. N. 4. c. Evidences VI. Dalt 55. cap. 20. If one shall bring a Man suspected of Felony before any Justice of Peace but refuseth to be bound to give Evidence against the Prisoner either at the Goal-delivery or Quarter-Sessions as the case shall require if such bringer hath given Evidence before the said Justice against the Prisoner or can declare any thing material to prove the Felony and will not be bound to give Evidence upon his Trial the Justice of Peace upon his Discretion may commit to Prison such Person so refusing or may bind him to his Good-behaviour Imprisonment 2. But if the bringer of a Person suspected of Felony cannot declare any thing material to prove the Felony nor any other Person then present it seemeth the Justice ought not to commit the Prisoner and so was the direction of Sir David Williams at the Assizes at Cambridge Justices 3. Yet the Justices shall do well to Examine the Prisoner and if he shall confess the Felony then to commit him Or if upon his Examination there shall appear any just cause of suspition Or if the Prisoner be a Man of Evil Fame and that there be a Felony committed in these cases the Justices shall do well not to let him go but at least to bind him over to the next Goal-delivery and in the mean time to take further Information against him Examination VII Dalt 49. cap. 20. Every Justice of Peace may and must take the Examinations of all such Felons or Persons suspected of Felony as shall be brought before him 2 3 Ph. Mar. 10. 2. And must take Information against them of those that bring them scil of the Fact and Circumstances of the Felony and Fact 3. And must put in writing such Examinations and Informations or so much thereof as shall be material to prove the Felony and must certifie them to the next general Goal-delivery 4. And after such Examination and Information taken then the Justice must commit such Felons to the Goal or may Bail them if they be Bailable but then there must be two Justices together and the one of them of the Quorum 5. And must bind over by Recognizance the informers that do declare any thing material to prove the Felony to appear and to
ad numerum quindecem personarum per instigationem et procurationem predict ' J. R. in magnum terrorem subditorum dicti Domini Regis 5. die Maij Anno Regni c. Vi et Armis viz. Gladijs c. et alijs Armis invasivis Clausum R. B. Armiger ' Apud F. infra Parochiam de B. in Com. predict ' vocat ' the M. Riotose fregerunt et intraverunt ac sepes et clausas predict ' R. B. ad numerum sex cent ' pedum ad tunc et ibidem existent ' laceraverunt ' irruperunt et prosternaverunt et fossat ' ibidem existent ' ad tunc et ibidem cum ligonibus et bipaliis foderunt planaverunt et impleverunt ad Grave Damnu ' ipsius R. B. contrà formam Diversorum Statutorum de Riotis er Routis et alijs Conventiculis illicitis inde nuper edit ' et provisis Et contrà Pacem dicti Domini Regis c. L. Crompt 251 b. pl. 63. An Indictment against Rioters not said Riotose supra Inquiratur pro Domino Rege quod cum N. W. Miles Vicecomes Comitat ' predict ' per Warrantum suum de deliberatione sigillo suo sigillat ' cujus Dat' est 5. die Apr. Anno Regni c. mandavit cuidam A. B. Ballivo suo Comitatus predict ' quod deliberaret seu deliberari faceret cuidam T.H. Averia sua nuper de eadem Villa et Com. Clothier cepissent et injustè detinebant ut prefat ' T.H. dicebat et quod poneret ipsos W. et P. per vadios et salvos plegios Ita quod essent ad proximum Comitat ' ipsius Vicecom ' apud Ilchester in Com. predict ' tenenâ— ' ad respondend ' prefat ' T. H. de placito predicto virtute cujus Warranti predict ' A. Die et Anno supradictis apud S. predict ' requisivit prefat ' W. S. quod dimitteret sibi averia predict ' ad deliberand ' eidem prefat ' T. H. secundum vim formam et effectum Warranti predicti si predict ' W. ac quidem H. C. nuper de S. in Com. predict ' Husbandman c. cum multis alijs ignotis ad numerum octo personarum dicto 5. Die Apr. Anno supradict ' Apud S. predict ' Warrant ' predict ' minime Ponderantes Vi et Armis viz. Gladiis c. in prefat ' A. insultum fecerunt Verberaverunt vulneraverunt et malè Tractaverunt ac ipsum A. ad tunc et ibidem Imprisonaverunt et detinuerunt per spatium quatuor dierum et quatuor noctium ex tunc proximè sequent ' et ad tunc et ibidem debitam execution ' Warranti predicti contradixerunt impediverunt et distourbaverunt ad Grave Damnum ipsius C. ac contrè Pacem dicti Domini Regis Coronam c. Rivers see Sewers Rogues see Poor Robery see Coron Fresh-Suit Rome see Pope Sabbath see Days Religion Sacraments see Religion Sacriledge see Coron and Church Salmons see Fish Salt-Peter see War Sanctuary see Coron Scavage or Shewage see Merchants Schoolmasters see Licence Scotland see Alien Seals see Deeds Sectaries see Religion Se defendendo see Coâ—on Searchers see Merchants Sedition see Slander Seisin see Force Sermons see Religion Servants see Apprentice Sessions see Justices Settlement see Poor Sewers I. LAmbert 362. Six Justices of the Peace Justices two of them being of the Quorum may for a whole year after the Expiration of any Commission of Sewers Execute the Laws of the Commissioners of Sewers unless that a new Commission of Sewers be published within the year 13 Eliz. 2. § 2. N. 2. Crompt 201 Dalt 134. cap. 50. II. Lambert 571. 572. Exchequer No doubt but this Ordinance 51 H. 3. St. 5. pag. 11. § 8. N. 1 that all Justices Commissioners and Inquirers whatsoever deliver Extreats into the Exchequer doth extend to the Justices of Peace as a Man may Easily gather by the words of 13 Eliz. 9. § 6. N. 1. III. Kilb. Precedents 2. Edit 244. The Oath of a Commissioner 23 H. 8. 5. § 5. N. 3. You shall Swear that you to your cunning Wit and Power shall truly and indifferently Execute the Authority to you given by this Commission of Sewers without any favour affection corruption dread or malice to be born to any manner of Person or persons And as the Case shall require you shall consent and endeavour your self for your Part to the best of your Knowledge and Power to the making of such wholesome just equal and indifferent Laws and Ordinances as shall be made and devised by the most discreet and indifferent number of your Fellows being in Commission with you for the due redress reformation and amendment of all and every such things as are Contained and specified in the said Commission and the same Laws and Ordinances to your cunning will and Power Cause to be put in due Execution without favour mead dread malice or affection So help you God Sheep see Cattle Shooting see Games War Shoomakers see Leather Sheriffs I. LAmbert 390. The Sheriff in like manner ought to attend at these Sessions of the Peace for the double duty that he beareth the one as Sheriff to Retorn the Precept to take the Charge of Prisoners and so to serve the Court otherwise as he hath in charge by the Mandamus that is mentioned in the Commission § 17. the other because he also hath Care and Charge of the Peace see tit Justices 142. the Precept of Summoning the Sessions II. Lambert 352. Two Justices of the Peace the one being of the Quorum may take the Oath of the Under-Sheriff of their County before that he meddle with the Exercise of that Office as well of Supremacy 1 Eliz. 1. § 19. N. 3. as touching his Office 27 Eliz. 12. § 2. N. 3. And the like may they do for the like Oaths of Bayliffs of Franchises Deputies and Clerks of the Sheriffs and Under-Sheriffs and of every other Person that shall take upon him to intermeddle with the Retorning of Jurors or with the Execution of process in any Court of Record 27 Eliz. 12. § 4 N. 1 Crompt 76 b. Lambert 427. 478. III. Crompt 76 b. Nota Adjudged in B. R. that a special Bailiff shall not be Sworn by 27 Eliz. 12. § 4. N. 1. as Mr. Farmer an Apprentice of the Law told me IV. Dalt 134. cap. 51. But special Bayliffs made for the serving of Process are not to be Sworn by this Statute 27 Eliz. 12. § 4 N. 1. as Mr. Crompt 76 b. Reporteth and saith that it was so adjudged in B. R. c. V. Nota that Mich. 27. Car. 2. in B. R. in an Information against one Bents and others for intermedling with Process without first swearing it was adjudged that a special Bailiff is not within 27 Eliz. 12 § 4. N. 1. against the Opinion of Twisden Justice on motion of the now Sarjant Bigland in Arrest of Judgment VI. Lambert 386 This Custos Rotulorum hath credit by
11 H. 7. 15. § N to appoint two Justices of the Peace that may controll the Sheriffs Books Dalt 132. cap. 51. And by 27 Eliz. 12. § 2. N. 1. for taking the Oath of the Under-Sheriff VII Lambert 425 426 427 428 429. Enquiry in Sessions if any Sheriff have letten his County or any his Balywicks Hundreds or Wapentakes 2. Or have Retorned in any Pannels any Bayliffs Officers or their Servants 3. Or have refused to let to Bail upon sufficient Sureties any Person being in his Custody because of any Action Personal or because of Endictment in Trespass and not being in for any Condemnation Execution Utlary Excommunication Surety of the Peace or Commandment of any Justice or for being a Vagabond 4. Or have taken any Obligation by Colour of his Office but only to himself and upon the Name of his Office and upon Condition only to appear according to the Writ or Warrant 5. Or have taken for an Arrest above 20 d. or if he or any other Minister have taken any thing for making of any Retorn or Pannel or above 4 d. for the Copy of a Pannel or above 4 d. for the said Obligation or for any Warrant or Precept or any Bayliff above 4 d. for making any Arrest or the Goaler above 4 d. upon the committing to his Ward of any Person Arrested or Attached 23 H. 6. 10. 6. If any Sheriff or other his Minister have Arrested or Imprisoned or caused any Fine or Ransom or Amerciament to be levyed of any Person by reason of any Endictment or Presentment made by the Sheriff Turn or Law-day without Process from the Justices of Peace for the same first obtained 1 Ed. 4. 2. § 1. N. 5. Lambert 513. 7. Or have not brought in such Endictments and Presentments to the Justices of the Peace at their next Sessions 1 Ed. 4. 2. § 1. N. 4. 8. If any Sheriff or any his Ministers have entred into his Books any Plaints in any Mans Name not being present in the Court either in his own Person or by sufficient and honest Attorney or Deputy or have entred any more Plaints than the Plaintiff supposeth that he hath cause of Action for or have levyed the Shire Amerciaments without Book indented between them and two Justices of the Peace 11 H. 7. 15. § N. Dalt 133. cap. 51. 9. Or if the Bayliff of the Hundred have made default in warning or Executing any Warrant against any Defendant in the Sheriffs Court Dalt 133. bis cap. 51. 11 H. 7. 15. § N. 10. If any Sheriff or his Minister have levyed any the Debts of the King without shewing to the Parties the Estreats of the same under the Seal of the Exchequer 42 Ed. 3. 9. § N. and 7. H. 4. 3. § N. 11. If the Sheriff of this Shire or any other Person to whom it appertained to make Retorn of any Writ hath retorned any Juror without the true Addition at the Place of his abode at the time of that Retorn or within a year next before or without some other Addition by which the Juror might well be known 27 Eliz. 7. § N. 12. If any Estreat of Issues hath been gathered of any Person other than such as by virtue of the said Estreat was of right chargeable or charged therewith 27 Eliz. 7. 13. If any Under-Sheriff or other of the said Persons named 27 Eliz. 12 hath committed any Act contrary to the said Oaths 14. If any Sheriff or Goaler have denyed to receive Felons by the delivery of any Constable or Townshâ—ps or have taken any thing for receiving of such 4 Ed. 3. 10. § N. Ships Seamen Shipwright see Admirals Silk see Drapery Silver see Metal Skinners see Leather Slander Libels Words Rumors News I. CO. Inst 3. 198. cap. 93. The Law before the Conquest was that the Author and spreader of false Rumors amongst the People had his Tongue cut out if he redeemed it not by the Estimation of his Head Inter Leges Alveredi cap. 28. II. Crompt 84 b. 85 Enquiry in Sessions if any one hath published or forged false News or Controversies viz. Tales whereby Discord or Slander may arise between the King and his People or between the Nobles of the Realm the Offender shall be Imprisoned untill he can produce in Court the Author of such News 3 Ed. 1. W. 1. cap. 33. 34. and 1 and 2 Ph. Mar. 3. § 2. N. 2. 2. If any one hath forged or Counterfeited any false News and horrible false Lies of any Prelates Dukes Earls Barons or other Nobles and great Men of the Realm or of the Chancellor Treasurer Clerk of the Privy Seal Steward of the Kings Household Justices of the one Bench or of the other or of any great Officer of the Realm of things that by them were never spoken nor thought to their great slander whereupon debate and discord may rise between the said Lords and Commons they shall be punisht according to 3 Ed. 1. W. 1. cap. 34 33. untâ—ll they have brought into Court the Author of the said false News and Lies by 2 Rich. 2. 5. 1 2 Ph. Mar. 3. § 2 N. 2. 3. If the Forgers and Counterfeiters of false News c. mentioned in 3 Ed. 1. W. 1. cap. 34 33 and 2 R. 2. 5. cannot bring into Court the Author of such false News then they shall be punisht by advice of the Kings Council 12 Rich. 2. 11. § 1. N. 3. 4. Slanderous words of the King shall be punisht by Fine and Imprisonment on 3 Ed. 1 W. 1. 34. 33 and not by advice of the Privy Counsel on 12 Rich. 2. 11. for the King is a Person exempt and not implied within the words Great Men or Nobles c. Oldnols Case 4 5 Ph. Mar. Dyer 155. III. Poult de Pace 1 b. There is another foul puddle that ouzeth from the same corrupt Gogmire with Menaces and distilleth out of a heart likewise infected with Malâ—ce and Envy but is devised and practised by another mean than the former which is by Libelling secret slandering or defaming of another c. 2. And whether this Libelling secret Slandering or defaming be against a Publick Magistrate or Private Person yet it may tend to the breach of the Peace to the raising of quarrels and effusion of Blood and so may be a speciall impediment of that Peace which all good Policy endeavoureth to maintain 5 Co. 125 libr. intr 13. Hob. 354. IV. Crompt 197. Every Justice of Peace within a Month after the Offence may commit any one that is vehemently suspected to speak or report Slanderous News or Tales against the Queen that now is if he do not find Sureties to appear at the next Quarter-Sessions or Goal-delivery there to remain till he will find Surety ut supra 23 Eliz. 2. V. West Symb. 2 part 129. Sect. 200. An Indictment for words spoken against the Queen on 23 Eliz. 1. Glos ss Juratores pro Domina Regina super
to pay and provide fit Persons to oversee and set such Prisoners on work N. 3. And make such Orders for accounts of and concerning the Premisses as shall by them be thought néedful and for punishment of neglects and other abuses Justices and for bestowing of the profit arising by the labor of the Prisoners so set on work for their relief which shall be duely observed and may alter revoke or amend such their Orders from time to time N. 4. Provided Taxes That no Parish be rated above Six pence by the Wéek towards the Premisses having respect to the respective values of the several Parishes § 2. N. 2. For some remedy c. Be it c. Enacted Imprisonment That any Sheriff of the respective Counties viz. where numbers of Prisoners Plague or Diseases are c. having the Custody of the Goal or such Persons who have the Custody of the Goal with the Advice and Consent of three or more Iustices of the Peace whereof one to be of the Quorum may if they shall on Inquiry or Information find it needful upon Emergent occasions in the respective Counties provide other safe Places for the removal of Sick or other Persons from and out of the ordinary and usual Goals Statuta 20 Car. 2. 20 Car. 2. 3. § 5. N. 2. ANd whensoever any Wood or Timber shall at any time Wood. c. be directed to be fallen in any part of the Wasts of the said late Forest viz. of Dean in Gloucestershire Inclosed or not Inclosed the same shall be first viewed and allowed to be fallen by two or more of the Iustices of the Peace for the said County unconcerned in the Premisses and shall not be Cut or Fallen until the same be viewed and allowed by such two or more Iustices as fit and convenient to be Cut and Fallen and that the said Iustices shall have marked with a broad Arrow and Crown that it may remain to be séen as they are hereby required and Impowered to do so many and such Trées as are the most fit to be preserved for growth for Timber upon every Acre intended to be Fallen and also shall have Certified as they are hereby likewise required to do unto the Lord Treasurer or Lords Commissioners of the Treasury for the time being the names of the Places and number of Trées so viewed and allowed to be fallen and so marked to be preserved as aforesaid Cattle And also that it shall and may be Lawful to and for any Iustice of Peace of the County C. 7. § 5. N. 5. or Chief Officer of the Port-Town in or near the place where such Importation viz. of Irish Cattle c. shall be made or where any of the Cattle Shéep Swine Béef Pork or Bacon so Imported shall be driven or brought by Warrant under the Hand and Seal of such Iustice or Chief Officer to cause to be apprehended all and every the Masters Mariners and Seamen having Charge of or belonging to such Ship or Vessel in which such Importation shall be made and all and every other Person and Persons acting or imployed in the landing driving attending on or taking care or charge of the said Cattle Shéep Swine Beef Pork or Bacon Importer as aforesaid and them to Commit to the Common Goal of the said County there to remain without Bail or Mainprise for the space of thrée Months Statuta 22 Car. 2. Religion BE it Enacted c. That if any Person of the Age of Sixteen years or upwards being a Subject of this Realm 22. Car. 2. 1. § 1. N. 2. c. shall be present at any Assembly Conventicle or Méeting under Colour or Pretence of any Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England in any Place within c. viz. England Wales or Berwick at which Conventicle c. there shall be Five Persons or more Assembled together over and besides those of the same Househould c. It shall and may be Lawful to and for any one or more Iustices of the Peace of the County Limit Division Corporation or Liberty wherein the Offence aforesaid shall be Committed or for the Chief Magistrate c. and he and they are hereby required and enjoyned upon proof to him or them respectively made of such Offence either by Confession of the Party or Oath of two Witnesses which Oath the said Iustice and Iustices of the Peace and Chief Magistrate respectively are hereby Impowered and required to Administer or by notorious Evidence and Circumstance of the Fact to make a Record of every such Offence under his or their Hands and Seals respectively Certificate Which Record so made as aforesaid N. 3. shall to all Intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such Offence and thereupon the said Iustice c. and Chief Magistrate respectively shall Impose on every such Offender so Convict as aforesaid a Fine of Five shillings for such first Offence which Record and Conviction shall be Certified by the said Iustice c. at the next Quarter-Sessions of the Peace for the County or Place where the Offence was Committed Amercement Which Fine c. for the first and every other Offence shall be Levyed by Distress and Sale of the Offenders Goods and Chattels § 2. N. 2. or in the Case of the poverty of such Offender upon the Goods and Chattels of any other c. who shall be then Convicted in manner aforesaid of the like Offence at the same Conventicle at the discretion of the said Iustice c. so as the Sum so to be Levied on any one Person in Case of the poverty of other Offendors amount not in the whole to above c. Ten Pounds upon occasion of any one Meeting c. And every Constable Headborough Tythingman N. 3. Church-wardens and Overseers of the Poor respectively Constable are hereby Authorized and required to Levy the same accordingly having first received a Warrant under the Hands and Seals of the said Iustice Iustices or Chief Magistrate respectively so to do N. 4. The said Monies so to be Levied to be forthwith delivered to the same Iustice Forfeitures c. and by him or them to be distributed the one third part thereof to the use of the Kings Majesty his Heirs and Successors to be paid to the High-Sheriff of the County for the time being in manner following That is to say the Iustice c. of Peace shall pay the same into the Court of the respective Quarter-Sessions which said Court shall deliver the same to the Sheriff and make a Memorial of Record of the payment and delivery thereof which said Memorial shall be a sufficient and final discharge to the said Iustice c. and a Charge to the Sheriff which said Discharge and Charge shall be
Certified into the Exchequer together and not one without the other and no Iustite shall or may be questioned or accountable for the same in the Exchequer or elsewhere then in the Quarter-Sessions c. § 3. N. 2. And if the said Preacher or Teacher so Convicted be a Stranger Process or his Name and Habitation not known or is fled and cannot be found or in the Iudgment of the Iustice Iustices or Chief Magistrate before whom he shall be Convicted shall be thought unable to pay the same the said Iustice c. are hereby Impowered and required to Levy the same by Warrant as aforesaid upon the Goods and Chattels of any such Persons who shall be present at the same Conventicle any thing in this or any other Act Law or Statute to the contrary notwithstanding c. § 6. N. 1. Provided also and be it further Enacted Error That in all Cases of this Act where the Penalty or Sum charged on any Offender excéeds the Sum of Ten shillings and such Offender shall find himself agrieved it shall and may be lawful for him within one Week after the said Penalty or Money charged shall be paid or Levied to appeal in writing from the Person c. Convicting to the Iudgment of the Iustices of the Peace in their next Quarter-Sessions N. 2. To whom the Iustice Justices c. that first Convicted such Offender shall return the Money Levied upon the Appellant and shall Certifie under his and their Hands and Seals the Evidence upon which the Conviction past with the whole Record thereof and the said Appeal N. 4. And in Case such Appellant shall not prosecute with Effect Costs or if upon such Tryal he shall not be acquitted or Iudgment pass not for him upon his said Appeal the said Iustices at the Sessions shall give trebble Costs against such Offender for his unjust Appeal N. 5. And no other Court whatsoever shall Intermeddle with any Cause or Causes of Appeal upon this Act Certiorari but they shall be finally determined in the Quarter-Sessions only § 7. N. 1. Provided alwayes and be it further Enacted Recognizance That upon the delivery of such Appeal as aforesaid the person Appellant shall enter before the person c. Convicting into a Recognizance to prosecute the said Appeal with effect N. 2. Which said Recognizance the Person c. so Convicting Certificate is hereby Impowered to take and required to Certifie the same to the next Quarter-Sessions N. 3. And in Case no such Recognizance be Entred into Bail the said Appeal to be null and void § 9. N. 1. And be it further Enacted c. That the Iustice c. of the Peace and Chief Magistrate respectively or the respective Constables Process Headboroughs and Tithingmen by Warrant from the said Iustice c. shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial to enter break open and enter into any House or other place where they shall be Informed any such Conventicle as aforesaid is or shall be held as well within Liberties as without N. 2. And take into their Custody the Persons there unlawfully Assembled Imprisonment to the Intent they may be proceeded against according to this Act. N. 3. And that the Lieutenants or Deputy-Lieutenants or any Commissioned Officer of the Militia or other of his Majesties Forces War with such Troops or Companies of Horse and Foot and also the Sheriffs and other Magistrates and Ministers of Iustice or any of them jointly or severally within any the Counties or Places within c. viz. England Wales or Berwick with such other Assistance as they shall think méet or can get in readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Iustice of the Peace or Chief Magistrate of his particular Information or knowledge of such unlawful Méeting or Conventicle held or to be held in their respective Counties or Places and that he with such Assistance as he can get together is not able to suppress and dissolve the same shall and may and are hereby required and enjoyned to repair unto the Place where they are so held or to be held and by the best means they can to dissolve dissipate or prevent all such unlawful Méetings and take into their Custody such and so many c. as they shall think fit c. Priviledge Provided alwayes that no Dwelling House of any Peer of this Realm §. 10. N. 1. where he or his wife shall then be resident shall be searched by vertue of this Act but by Immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one Deputy-Lieutenant or two Iustices of Peace whereof one to be of the Quorum of the same County or Riding Constable And be it further Enacted c. That if any Constable Headborough § 11. N. 1 Tythingman Church-warden or Overséer of the Poor who shall know or be credibly Informed of any such Meeting c. held within his Precincts Parishes or Limits and shall not give Information thereof to some Iustice of the Peace or the Chief Magistrate and endeavour the Conviction of the Parties according to his duty but such c. or any c. lawfully called in aid c. shall wilfully and wittingly omit the performance of his duty in the Execution of this Act and be thereof Convicted in manner aforesaid he shall forfeit c. Five pounds c. Justices And that if any Iustice of Peace or Chief Magistrate shall wilfully and wittingly omit the performance of his duty in the Execution of this Act N. 2 he shall forfeit c. one hundred pounds c. Certificate And in Case any Person offending against this Act § 13. N. 3. shall be an Inhabitant in any other County or Corporation or fly into any other County or Corporation after the Offence Committed the Iustice of Peace or Chief Magistrate before whom he shall be Convicted as aforesaid shall Certifie the same under his Hand and Seal to any Iustice of Peace or Chief Magistrate of such other County or Corporation wherein the said Person or Persons are Inhabitants or are fled into Process Which said Iustice or Chief Magistrate respectively N. 4. is hereby Authorized and required to Levy the Penalty c. in this Act mentioned upon the Goods and Chattels of such Person c. as fully as the said other Iustice of Peace might have done in Case he or they had been Inhabitants in the place where the Offence was Committed Measures Viz. the xl s. forfeit by Selling Corn or Salt c. by unsealed Measures C. 8. § 2. N. 3. c. to be Levied in such manner and such other Penalties for
Hydes or bought any Hide out of open Market or Fair unless of such as have killed Beasts for their own Provision 1 Jac. 22. § 7. N. 3. VII Lamb. 446. Drapery Enquiry in Sessions if any Person have bought any Woollen Yarn and have not made Cloth thereof 8 H. 6. 5. § N. or have bought any Wool but of the owner of the Sheep and of the Tyth 14 Rich. 2. 4. Crumpt 95. b. VIII Lamb. 503. Process Upon the Examination of two lawful Witnesses the Justices of Peace may make Process as if it were upon an Inquisition of xii men 5 6 Ed. 6. 14. § 10 N. 1. Crumpt 126. b. 130. ab 151. b. 194. b. IX Lamb. 576. Execution Doubtless by special Provision made in 5 6 Ed. 6. 14. § 10. N. 4. against Forestallers the Justices of Peace may make Execution of the one moiety of the Forfeiture for him that sueth by Fieri facias or Capias as the Kings Justices at Westminster use to do Crumpt 183. b. 194. b. X. Lamb. 599. The Enquiry hearing and determination of Forestallings Ingrossings and Regratings may be at the Quarter Sessions 5 6 Ed. 6. 14. § 10. N. 1. XI Crumpt 80. b. Nota that 5 6 Ed. 6. 14. § 16. N. 1. speaks of him that is known for a common Drover and not of any pety Chapman and 5 Eliz. 12. § 4. N. 1. speaks of common Drovers and not of any pety Chapman and it appears by this Statute that the intent was to repress the number of Drovers Badgers Laders c. of Corn c. therefore see if the Justices can License the pety Chapmen to buy Cattle as the common Drovers XII Crumpt 196. b. § 14. Justices of Peace in Sessions shall take recognizances of Badgers and Drovers that they shall not Forestal nor Ingross nor do any other thing against the Statute 5 6 Ed. 6. 14. § 16. N. 1. XIII Dalt 73. Cap. 27. Every Justice of Peace after sale made in open Fair or Market of any stoln Horse c. at any time within Six months after the said Sale may take and hear the Claim and Proof of the right owner from whom the same was Stoln or of his Executors or Administrators or other person by their appointment which proof must be by two sufficient Witnesses upon Oath to be made within Forty dayes next ensuing such Claim 2 3 Ph. Mar. 7. § 7. N. 1. XIV Dalt 74. Cap. 27. If the Thief which stealeth a Horse shall sell the same in Market-Overt or Fair by a false name and that be so Entred in the Toll-Book such mis-naming of the Seller maketh the Sale void against the right owner and this was the opinion of Windham and Rhodes Justices Anno 30 Eliz. Gibs and Bastel upon 2 3 Ph. Mar. 7. § 4. N. 1. where Potter sold by the name of Lyster and so Entred and Plaintiff recovered in Trover XV. 13 Ed. 1. St. 2. Winch. Cap. 6. § 1. N. 16. The King commandeth and forbiddeth that from henceforth neither Fairs nor Markets be kept in Church yards for the honour of the Church Crumpt 16. b. XVI 27 H. 6. 5. § 1. N. 2. All manner of Fairs and Markets in the said principal Feasts viz. of Ascention Corpus Christi Whitsunday Trinity Sunday Assumption of our Lady all Saints c. and Good Friday shall clearly cease from all shewing of any Goods or Merchandizes necessary Victual only except on pain of Forfeiture of all the Goods so shewed c. XVII 3 Car. 1. Cap. 1. 2 § 1. N. 3. If any Butcher by himself Days or any other for him by his Privity or Consent shall kill or sell any Victual upon the Lords day called Sunday such Butcher shall forfeit Six Shillings eight pence XVIII Dalt 74. Cap. 27. Also the Lord of such a Fair or Market kept upon the Sabbath day contrary to the Statute 27 H. 6. 5. may be therefore Indicted for the King either at the Assizes and General Goal Delivery or at the Quarter Sessions of the Peace within that County Poor XIX Crumpt 199. b. Two Justices of Peace may give License to Pedlers Tinkers and petty Chapmen to Travel so that they shall not be taken as Rogues 14 Eliz. 5. § N. 39 Eliz. 4. § N. 5 6 Ed. 6. 21. § 1. N. 3. XX. Lamb. 431. Enquiry at Sessions if the Clerk of a Market have taken any common Fine to dispense with faults or hath ridden with more then six Horses or hath tarried longer in the Country then the necessity of his business required 13 Rich. 2. 4. § N. Crumpt Jurisd 220. Toll XXI Lamb. 464. Enquiry in Sessions if any owner Officer or Ruler of any Fair or Market have not appointed one certain open place there for the Sale of Horses Geldings Mares and Colts and one sufficient Person to take Toll and keep the said place and if any such Toll-gatherer or his Deputy have taken any more then one penny Toll for one Contract or for Entring the names of the Parties and that in the same place only and between Ten of the Clock in the Morning and Sun setting 2 3 Ph. Mar. 7. § 2. N. 1. XXII Lamb. 464 465. If any Person have in any Fair or Market sold given or put away any Horse Mare Gelding Colt or Filly unless the Toll-taker Book-keeper Bayliff or Chief Officer thereof will take upon him perfect knowledge of the same Person his Name sur Name and place of Dweling or Residence and shall enter the same into a Book kept for Horses Sold or unless the said Person do bring to such Toll-taker Book-keeper c. one sufficient and Credible Person that can and will testifie that he knoweth the Seller Giver or putter Away his Name Sur-Name Mystery and dwelling place and there enter into such Book as well the same as the Name Sur-Name Mystery and place of Dwelling or resiance of such Testifier together with the true Price that shall be taken for any such Horse Mare Guelding Colt or Filly so Sold none shall so testifie unless he do indeed truly know the same upon pain to forfeit v l. for every default in any the Premisses and the like pain upon the Toll-taker or other Officer aforesaid that shall refuse to give the Buyer or taker of such Horse c. a true Note in Writing of that his Entry the Party paying two pence for the same 31 Eliz. 12. § N. XXIII Lamb. 431. Enquiry in Sessions if any Officer have in any Town taken Scavage or Shewage that is to say any thing for the shewing of Ware or Merchandize that be truely Customed to the King before 19 H. 7. 8. § N. XXIV Dalt 146. Cap. 65. Sir Francis Harvey hath often delivered in his Charge at Cambridge Assizes these Directions scilicet that one Justice of the Peace at the least ought to sit with the Clerk of the Market to
see the Kings Subjects be not wronged 2. And that the Clerk of the Market ought to have with him his Directions out of the Exchequer c. XXV West Symb. 2. part 124. b. sect 179. An Indictment for Regrating of Corn in a Market pract Presidents 71. Essex ss Inquiratur pro domino rege c. si W. T. D. N. in predict ' Com' E. A. B. c. Laborers x die c. Anno regni c. quam plurimis aliis diebus antea postea fuerunt regratores mercati de D. in predict ' Com' E. ac diversa genera Gravorum ad mercat ' predict ' per diversos ligeos dicti Domini regis illuc adventur ' viz. x Quarterii frumenti ad valent ' vi l. apud D. predict ' in predict ' Com' E. regrat ' ad Intentionem quod idem frument ' iterum venderent ad grave Damnum populi dicti Domini regis Contra Formam diversorum statut ' in hujusmodi casu Edit ' Provis XXVI West Symb. 2. part 136. sect 232. An Indictment for regrating of Corn. Essex ss Inquiratur pro Domino rege c. si R. L. nuper de T. in Com' E. predict ' Yeoman H. D. nuper de N. in Com' predict ' Yeoman xx die Junii Anno regni c. apud B. T. in Com' predict ' Emerunt regrataverunt de T. S. R. R. aliis ligeis Domini regis l. Quarter ' frumenti pertii xxv l. Cent ' quarteria Hordei pretii xxiv l. al' frument ' Hordea in Domibus mansion ' suis ut regratores mercati dicti Domini regis accumulaver ' Custodiverunt ea Intentione ut frument ' Hordea alia grana sub suis Custodiis ad suum libitum exponere vendere potuerunt ob quod grana in mercat ' villis Comitat ' predict ' multipliciter Chariora rariora forent in grave damnum populi Domini regis ac contra formam statuti in hujusmodi Casu Edit ' Provisi XXVII Pract. Presidents 59. An Indictment for Ingrossing of Corn to sell it again 5 6 Ed. 6. 14. § N. Kanc. ss Juratores pro Domino Rege super sacramentum suum presentant quod A. B. de C. in Com' K. predict ' Laborer V die Maii Anno Regni c. apud M. in Com' K. predict ' ac diversis aliis diebus tam antea quam postea diversa grana viz. LXX quarteria Hordei XXX quarteria tritici XX quarteria brasii ad valentiam c. Emit Ingrossavit in manibus suis tenuit ea Intentione ad vendend ' grana predict ' contra formam Statuti in hujusmodi casu Edit ' provisi in contempt ' dicti Domini regis nunc contra pacem dicti Domini regis Coronam dignitatem suas XXVIII West Symb. 2 part 124. b. Sect. 180. An Indictment for Regrating of Fish and Butter c. Lamb. Precedents 19. pl. 54. Essex ss Juratores pro Domino Rege super sacramentum suum presentant quod A B. de C. in dict' Com. E. Mercer XX die Julii Anno Regni c. apud C predict ' in Com' E. predict ' in quodam mercatu tunc ibidem tent ' pro XL s. monet ' Emit ' regratavit obtinuit nactus est in possessione manus suas X paria piscium Angl. dict' Ten Couple of Lings tria vasa Butyri falsi Angl. vocat ' Three Firkins of Salt Butter de quodam E. F. qui predict ' X paria piscium ac dict' tria vasa Butiri ad Eund ' mercatum ut ea ad tunc ibidem venderet adduxisset quod immediate postea scil dict' XX die c. Anno c. supradict ' idem A. B. in dicto eodem pleno mercatu tunc ibidem apud C. predict ' in dict' Com' E. tent ' eodem omnia dicta paria piscium ac butyri vasa cuidam H. R. pro LXXX s. legalis monet ' dicti Domini Regis hujus Regni sui Angliae illicite vendidit in magnum reipublicae damnum ac contra form ' diversorum Statutorum hujus Regni Angl. in hujusmodi casu provisorum ac editorum Marriage Bar and Feme Coverture Women Bar Feme I. LAmb. 416. Enquiry in Sessions if any Person being Married shall Marry any other the former Husband or Wife being alive other then such Persons whose Husband or Wife have remaind beyond the Seas Seven years together or hath absented him or her self one from the other Seven years together within the Kings Dominions the one not knowing the other to be Living or that was at the time of such Marriage lawfully divorced or whose former Marriage hath by Sentence Ecclesiastical been declared to be void or whose former Marriage was had within age of Consent 1 Jac. 11. § 1. N. 2. Crumpt 52. Clergy II. Lamb. 555. Bigamus that is to say he that hath been twice Married or which hath Married a Widow may have his Clergy at this day though in old time it were a good Counterplea against it 4 Ed. 1. 5. de Bigamis Dyer 201. b. pl. Ordinary III. Lamb. 544. Marrow saith also that if Bigamy that ungodly Popish Counterplea had been alledged against one that prayed his Clergy the Justices of Peace could not have written to the Ordinary to certifie the same Indictment IV. An Indictment for Marrying without a Ring in practick part of Justice c. 169. on 5 6 Ed. 6. 12. § 3. N. 1. Midd. ss Juratores pro Domino Rege super Sacramentum suum presentant quod A. B. de C. in Com' M. predict ' Clericus persona Ecclesiastica ac minister Ecclesiae de C. predict ' existens divisans imaginans diversa varia insolita scismata Ritus Consuetudines inter populum dicti Domini Regis Regni sui Angl ' spargere suscitare plurimos ligeos vera pietatis religionis Tramite necnon à Ritibus Ecclesiae Anglicanae à forma ordinationis Communis precationis divini servitii in Ecclesia Anglicana pie recte stabilit ' usitat ' in Densissimas Errorum tenebras producere primo die Martii Anno Regni c. apud C. predict ' viz. in Ecclesia parochiali ibidem quasdam C. D. E. uxorem ejus maritavit in juri matrimoniali Conjunxit non Dans prefat ' E. ad tunc ibidem tempore solemnizationis sponsalium inter eosdem C. E. aliquem Annulum nuptialem prout Juxta morem Consuetudinem Ecclesiae Anglicanae fieri debet solet sed idem A. B. ad tunc ibidem sponsalia inter prefat ' C. E. Celebravit quantumvis prefat ' E. Dicto tempore Celebrationis sponsalia predict ' aliquem Annulum non dedit contra formam Statut ' ordinationem in hujusmodi Casu Edit ' provis in depravationem libri