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A76259 A help to magistrates, and ministers of justice, also a guide to parish and ward-officers. : Containing, 1. Plain directions for justices of the peace ... 2. To their clerks in drawing forms of warrants, and other necessary writings. 3. A help to grand and petty juries. 4. Penalties upon forestallers ... 5. The rates of servants wages ... 6. Some directions to coroners and their inquests ... 7. Customs ... peculiar to the city of London in privileges, law-matters ... 8. The office and duty of a high constable ... 9. The office and duty of churchwardens and sidesmen. 10. The office and duty of the overseers of the poor. 11. The office and duty of toll-keepers and fair-keepers. 12. The office and duty of surveyors of highways, scavengers, &c. P. B., Gent. 1700 (1700) Wing B150A; ESTC R172533 117,286 226

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they are many and in the Main they tend to one and the same thing though in Circumstances many CHAP. XVII Of Sessions and Matters properly to be done c. by Justices therein c. THE Sessions is the Assembly of any two or more Justices of the Peace one being of the Quorum at a certain Day and Place within the Limits of their Commission appointed to Enquire by a Jury or otherwise to take Knowledge and thereupon to hear and determin according to their Power of Causes within their Commission and Statutes referred to their Charge Lamb. 378. A Sessions held without Summons is good but in such Case none shall lose any thing for Default of Appearing Lamb. 380 381. Summons of the Sessions is usually by Precept Written to the Sheriff and by him to be returned at Sessions Lamb. 381. Precepts for Summoning the Sessions may be made by any two Justices of the Peace one being of the Quorum but not the Custos Rotulorum alone and Summons cannot be discharged by Supersedeas of all other Justices but by Supersedeas out of Chancery Lamb. 382 383. CHAP. XVIII The Justice of Peace his Clerk c. his Business relating to Warrants Hue and Cry Order for Bastard-Children Recognizances Mittimus's Releases Bailments Supersedeas c. in due Form Latin and English and other things with Observations or Notes thereon for better Information Instructions for Clerks to Justices of the Peace containing many necessary Forms or Precedents of Warrants on several Occasions directed to Constables As for Warrants grantable by Justices of the Peace they may be stiled and made after several manners viz. 1st In the Name of the King and yet the Teste may be under the Name of the Justice or Justices of Peace who grant them 2dly Or they may be stiled and made only by the Name of the Justices so granting 3dly Or else be made without any such Stile and only under the Teste of the Justice of Peace or only subscribed by the Justice as the cause requires But not having room for every Particular the Nature of things in this case requires in so small a Book I shall only set down what are most common and useful in their order The Form of a General Warrant for a Misdemeanour Bucks T. G. Esquire one of the Justices of the Peace c. to the Constables of D. c. in the said County and to every of them These are to will and require you in his Majesties Name straightly to charge and command you upon sight hereof to attach and forthwith to bring before me the Body of I. P. Baker to answer such Mattters of Misdemeanour in his Majesties behalf as shall be objected against him and hereof fail not at your Peril Given under my Hand c. or Dated c. The Form of a Warrant for the good Behaviour to the Constables c. Bucks Forasmuch as A. B. of your said Town is not of good Name or Fame nor of honest Conversation a Rioter and Disturber of the Peace of our Sovereign Lord the King as we are given to understand by the complaint of sundry credible Persons Therefore on the behalf of our Sovereign Lord the King we straightly charge and command you or either of you immediately upon sight hereof you or one of you require the said A. B. to come before me or some other of his Majesties Justices of the Peace to find sufficient Sureties and Mainprize as well for his good Abearing towards our said Sovereign Lord and all his Leige-People until the next Quarter-Sessions to be holden in the said County as also for his Appearance then and there and if he shall refuse so to do that then you him safely Convey or cause to be Conveyed to the common Goal of the County aforesaid or to the next Goal of His Majesty 's in the said County there to remain until he shall willingly do the same So that he may be before the Justices of the Peace of our said Sovereign Lord the King within the said County at the next general Sessions of the Peace to be holden for the County and there to Answer our said Sovereign Lord for his Contempt on this Behalf And see that you certifie your Doings in the Premises to the said Justices in the said Sessions bringing then thither this Precept with you Given at B. under my Hand and Seal the fourth Day of December c. The Form of a Warrant immediately in the King's Name Grantable by Justices of the Peace William by the Grace of God King of England c. To our Sheriffs of our County of Oxford the high Constables of the Hundred of R The Petty Constables of the Town of B And to all and singular our Bayliffs and other Magistrates in the said County as well within Liberties as without Greeting forasmuch as L. B. of c. hath come before Sir W. M. Knight and Baronet one of our Justices of the Peace within the said County and hath c. Concluding in the Justices Name thus Witness the said W. M. at B. the _____ Day of _____ c. ☞ Here Note that wherever the Warrant is made in the King's Name as afore there it seemeth it ought to be directed to all Ministers as well within Liberties as without for the King is made a Party and so it may be done it seemeth in all other Warrants especially for Felony or for the Peace or good Behaviour c. because it is the Service of the King and no Franchise or Liberty shall be allowed or hold place against the King Br. Franch 31. However it is further held that the Justices of the Peace of the County may not Intermeddle in any City Town or Liberty which have their proper Justices Vide Dalton Chap. 6. Folio 25. Where you will find it set down more largely The Form of a Warrant for the Peace Surrey To the Constables of C. c. and to either of them Forasmuch as A. B. of your said Town Yeoman hath required Sureties of the Peace against T. L. of your said Town Labourer and withal hath taken his Corporal Oath before me that he requireth the same not for any private Hatred or Evil Will but simply that he is afraid of his Life or the Hurting or Maiming his Body or the Burning of his Houses These are therefore to Will and Require you in His Majesty's Name straitly to charge and command you that immediately upon the sight hereof you or one of you require the said T. L. to come before me or some other of His Majesty's Justices of the Peace within the said County to find sufficient Sureties as well for his Appearance at the next Quarter Sessions of c. to be holden for this County as also that the said T. L. shall in the mean time keep His Majesty's Peace as well towards his said Majesty as towards all People and especially towards the said A. B. and that if he shall refuse so
in the Marshalsea or King's-bench as likewise for the Relief of the Poor in Alms-Houses and Hospitals and for want of Distress the Party may by the Justices of the County be Committed to Prison there without Bail or Mainprize to abide till the Sum be paid And the Constable or Church-warden neglecting to pay it in ten Days before the Quarter-Sessions as aforesaid forfeits 10 s. each and the high Constable 20 s. if he pay it not in at the Quarter-Sessions as directed which Forfeitures the Treasurer may Levy by Distress and Sale of Goods and employ to the Increase of the Stock 43 Eliz. Chap. 2. c. CHAP. LXV What particular Things and Matters High Constables ought to return before the Justices in Sessions and to be return'd to them by the Petty Constables in their Respective Jurisdictions 1. THey are required to return the Christian and Sir Names Additional Names and Qualities of all Popish Recusants as well Lodgers as Housholders Residing or Dwelling in any of their Respective Parishes or Divisions 2. The Names of such as shall prophanely Curse and Swear with the Number of their Oaths immediately or within Ten Days informing the Justice of Peace of such Offence 3. The Names of such Persons as shall Drink or Tipple in any Inns Ale-houses or Taverns at any time especially on the Lord's-day and such persons as they shall find Drunk with the Names of those that entertain them 4. Such persons Names as suffer any Unlawful Games to be used in their Houses Gardens or Backside with the Names of such as haunt Gaming 5. They are to return all such Ale-house-keepers or Victualers as Sell Ale or Beer without License 6. Such persons as are to Watch and Ward who neglect or refuse to do their Duty therein 7. The Names of such persons as divide their Houses into Tenements and take in Lodgers or Inmates that Annoy their Neighbours or are likely to be a Charge to the Parish 8. The high Constable is to return the Defaults of Petty Constables Tything-men c for neglecting to Apprehend and Punish Beggars Rogues Vagabonds or refusing to Pass them c. 9. They are to certifie the Names of such persons as refuse to take Apprentice poor Parish Children according to the Statute 10. All Masterless Men and Women living at their own Hands such as are Idle refusing to Labour and can give no Satisfactory Account how they get their Living and all suspicious Persons as Mothers of Bastards Whores Noctivagrants Night walkers or such as are likely to be Chargeable to the Parish wherein the Reside 11. The Names of such as neglect or wilfully omit to make due Rates and Collections for the Relief of the Poor in every Parish or that cannot or do dot give a just account how the Rent and Stock of the poor is employed 12. They ought to return all defects in the High-ways and Bridges also Pavements in their Districts where there are no Commissioners or Defaults are neglected by them with the Names of such as ought to repair them and have neglected or refused so to do 13. They ought to Present all such Scavengers as are found negligent in Cleansing the Srreets or in other parts of their Duty and all common Annoyances in the Streets Lanes or Alleys 14. The Name or Names of every such Person or Persons who keep Swine to the common Annoyance of their Neighbours or any other in and about the Liberty and Precincts where Hogs ought not to be kept more particularly referring to the Cities of London and Westminster and their Liberties 15. They ought to Present Bakers putting Bread not due Weight to Sale with a particular Account thereof Also Brewers Selling Beer or Ale to Unlicensed Ale-houses or Victualling-houses likewise all Regrators Forestallers of Markets Ingrossers of any Corn or Grain Butter or Cheese Bacon or any kind of dead Flesh or Provisions whatsoever And in order to make out these Matters against the Delinquents they are to return the Names of such persons as can testifie or prove the Offences before the Justices in their Sessions or Meetings and thereupon they are to be Summoned in order to be Examined that it may be known how far they can inform them in the Particulars alledged and such as pave not before their own Doors or such places as ought to be paved are liable to be returned by the Petty Constable to the High-constables in their several Precincts or Districts and by them presented before the Justices in their Sessions c. CHAP. LXVI The Office of a Constable c. Relating to Stoned Horses IN this Case there are several Laws provided to prevent Damage which Owners may sustain by the hurt or unseasonable covering of their Mares in which Case it is provided by the Statute 32 Hen. 8. Chap. 13. That none shall put to Feed upon any Forrest or Common except a Common or Forrest where Mares are not usually put or kept any Stoned Horse exceeding two Years Old and not fifteen Hands high from the lower part of the Hoof to the upper part of the Withers and if any Stoned Horse of a lower Stature be put to Feed in any such Common or Forrest unless it be in the Fenny grounds of the Isle of Ely and in other parts of Cambridge-shire also Northampton-shire Huntington shire Lincoln Nottingham Suffolk and Norfolk where they are required to be but thirteen Hands high any person may Seize them to his own Use by the Assistance of the Constable Keeper of the Ground Headborough Bailiff or other such Officer conveying the Horse to to the next Pound there to be measured by the Officer in the presence of three sufficient Witnesses and being found lower than the Statute directs there to be disposed on 8 Eliz. Chap. 8. Wingate's Abridgment of the Statutes Title Horses and so according to the Statute of Hen. 8. before mentioned and such as are required so to do refusing to Measure or be present at Measuring forfeit 40 s. each for every Refusal or Default one half to the King and the other half to the Prosecutor but however the Horse must be wilfully put in the Common or Forrest by the Owner or his Order for if he escape thither he shall not be questioned in this Kind unless he remain there above 4 Days after Notice given to the Owner at his House or in his Parish Church 32 Hen. 8. Chap. ☞ Note that all Forrests and Commons require to be driven every Year at Michaelmas or within 15 Days after by the Keepers of the Ground Constables or other Officers thereto appropriated under the Penalty of 40 s. upon failing so to do And they have power likewise to drive them at any other time of the Year as they shall see it convenient in their Discretion the like priviledge has the Owner of the Ground But by the 21 Jacobi 1 Chap. 28. this Statute of the 32 Hen. 8. is not to extend to the County of Cornwall that being a