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A87648 An assistance to justices of the peace, for the easier performance of their duty. By Jos. Keble, of Grays Inn, Esq. Keble, Joseph, 1632-1710. 1683 (1683) Wing K113B; ESTC R225612 927,076 736

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ure and do any of the things aforesaid having any manner of ways knowledge of the let so made or by any means procuring the same let incur and be in danger and suffer like Pain or Pains and Forfeitures aforesaid in every their degrees as though the Proclamation had been made any Clause Article or Sentence heretofore in this Act encluded made to the contrary notwithstanding § 17. N. 1. Provided always and be it Enacted by the Authority aforesaid Heir that all and every the Heir and Heirs of all and every the Offender and Offenders in any the Cases aforesaid and all and every person and persons Bodies Politick and Corporate their Heirs Successors and Executors and every of them other than such person and persons only as shall be attainted convicted or outlawed of any the aforesaid Offences of Felony shall have hold and enjoy all such Right Title Entry Interest Leases Possession Rents Conditions Profits Commodities and Advantages as they or any of them have or hereafter shall have or of right ought to have in or to any Honors Castles Mannors Lands Tenements Woods Rents Reversions Services or Hereditaments whatsoever in or to any part or parcel thereof in as large and ample manner and form to all Intents Constructions and Purposes as if such Attainder had been had ne made any thing in this Act to the contrary in any wise notwithstanding § 21. N. 1. And be it further Enacted by the said Authority War that no Lieutenant or Lieutenants that shall be appointed or made by Authority or Colour of this Act or for to execute this Act shall in any wise make put or constitute under him or them or in his or their place any Deputy or Deputies nor shall call convent or appoint to appear before him or them by the only Authority of Lieutenancy or of Commission of Lieutenancy any person or persons for any Cause or Matter whatsoever save only for the Causes and Matters expressed in this present Act and for none other § 22. N. 1. And that no person or persons shall be put to any Loss Forfeiture Accessary Pain or Punishment of Life Lands or Goods as Accessary to any person or persons that shall commit any of the Offences contained in this present Act for receiving comforting or aiding of any such Offender after such Act committed or done § 22. N. 2. And that no Attainder or Conviction of any person or persons Heir for any Offence or Offences herein contained shall be any manner of Corruption of Blood between the Offender and any of his Ancesters or such person and persons as should have been Heir to such Offender if no such Attainder or Conviction had been had § 22. N. 3. Saving to all and every Person and Persons Franchise Body and Bodies Politick and Corporate and their Successors their Liberties and Franchises in such manner and form as if this Act had never been had ne made § 23. N. 1. And be it further Enacted by the said Authority that one Act viz. 3 4 Ed. 6. 5. c. and all and every Branch Clause Sentence and Article therein contained shall be from the twentieth day of December next coming utterly void and of no force to all Intents Constructions and Purposes § 23. N. 2. And this Act only to be put in Execution for and concerning the Offences mentioned in the said former Act viz. 3 4 Ed. 6. 5. § 23. N. 3. This Act to continue unto the end of the next Parliament 1 Mar. 1. Days St. 2. Cap. 12. 1 Eliz. 16. Statuta Ph. Mar. Riot BE it therefore Enacted c. viz. because good and beneficial that all 1 Mar. 1. St. 3. C. 12. § 12. N. 2. c. the said several Acts c. viz. 1 Mar 1. St. 2. Cap. 12. c. and all Clauses c. shall be revived c. until the last day of the next Parliament 1 2 Phil. Mar. Cap. 16. § 1. N. 15 Slander And be it also Enacted c. that all Iustices of Over and Terminer 1 2 Ph. Mar. Cap. 3. § 7. N. 1. c. Iustices of Assize c. Iustices of Goal-delivery and Iustices of Peace as well within the Liberties as without within the limits of their several Commissions in their several Sessions or other Sessions which they or two of them whereof one of them to be of the Quorum may and shall appoint at their pleasure where and when need shall require and shall by vertue hereof have full Power c. to inquire hear and determin all and every the Offences c. viz. of false News aforesaid as in Cases of Tryal of Felony Corn. And for the better Execution of this Act C. 5. § 6. N. 1. viz. against Transporting Wheat Barly Rye or other Corn Mault Beer Butter Cheese Herring Victual or Wood c. be it further Enacted c. that all and singular Iustices of the Peace as well within the Liberties as without within their several Authorities and Commissions at any time within three years next after such Offences committed shall have full Power and Authority to inquire as well by the Oaths of twelve lawful men as also to hear and examin the Master Masters and Mariners of the said Ships Crayers and other Vessells and all and every other person and persons of all and singular the Offenders against this present Act and to hear and determin the same Offences as they may and ought to hear and determin any other Trespasses or Offences Bail Where in the Parliament c. viz. 3 H. 7. Cap. 3. § 1 N 3. Cap. 13. it was amongst other things Ordained and Enacted that no Prisoner arrested for Felony should be letten to Bail or Mainprize by any one Iustice of Peace but by the whole Iustices or at least by two of them whereof one to be of the Quorum Justices Since the making of which Statute viz. 3 H. 7. Cap. 3. § 1. N. 3. § 1. N. 2. one Iustice of Peace in the name of himself and one other of the Iustices his Companion not making the said Iustice party nor privy unto the Case wherefore the Prisoner should be Bailed hath often times by sinister labor and means set at large the greatest and notablest Offenders such as be not replevisiable by the Laws of this Realm Certificate And yet the rather to hide their Affections in that behalf § 1. N. 3. have signified the Cause of their Apprehension to be but only for Suspition of Felony whereby the said Offenders have escaped unpunished and do daily to the high displeasure of Almighty God the great peril of the King and Queens true Subjects and encouragement of all Theives and Evil-Doers Joynder For Reformation whereof § 2. N. 1. be it Ordained and Enacted by the King and Queens Majesties the Lords Spiritual
it be found before any of them that any doth contrary to this Statute then the said Iustices or Iustice Justices shall cause to be reseised the Lands and Tenements so entred or holden as aforesaid and shall put the Party so put out in full possession of the same Lands and Tenements so entred or holden as before § 3. N. 3. And if any person after such entry into Lands and Tenements holden with force make a Feoffment or other Discontinuance Assurances to any Lord or other person to have Maintenance or to take away and defraud the Possession of his recovery in any wise if after in Assise or other Action thereof to be taken or persued before the Iustices of Assises or other the Kings Iustices whatsoever by due enquiry thereof to be taken the same Feoffments and Discontinuances may be duly proved to be made for Maintenance as afore is said that then such Feoffments or other Discontinuances so as before made shall be Void Frustrate and holden for none § 4. N. 1. And also when the said Iustices or Iustice Process make such Enquiries as before they shall make or one of them shall make their Warrants and Precepts to be directed to the Sheriff of the same County Commanding him of the Kings behalf to cause to come before them and every of them sufficent and indifferent persons dwelling next about the Lands so entred as before to enquire of such Entries § 4. N. 2. Whereof every man which shall be impannelled Enquest to enquire in this behalf shall have Lands or Tenements of the yearly value of forty shillings at the least by the year above Reprises § 4. N. 3. And that the Sheriff return Issue upon every of them at the day of the first Precept returnable twenty shillings Sheriffs and at the second day forty shillings and at the third an hundred shillings and at every day after the double § 4. N. 4. And if any Sheriff or Bailiff within a Franchise Return having return of the Kings Writ be slack and make not Execution duly of the said Precepts to him directed to make such Enquiries that he shall forfeit to the King twenty pounds for every Default and moreover shall make Fine and Ransom to the King § 5. N. 1. And that as well the Iustices or Iustice aforesaid Justices as the Iustices of Assises and every of them at their coming into the County to take Assises shall have and every of them shall have Power to hear and determin such Defaults and Negligencies of the said Sheriffs and Bailiffs and every of them as well by Bill at the Suit of the Party greived for himself as for the King to sue by Indictment only to be taken for the King § 5. N. 2. And if the Sheriff or Bailiff be duly attainted in this behalf by Indictment or by Bill that he which sueth for himself and for the King Sheriffs have the one Moyety of the Forfeiture of twenty pounds together with his Costs and Expences § 5. N. 3. And that the same Process be made against such persons Indicted or sued by Bill in this behalf Process as should be against Persons Indicted or sued by Writ of Trespass done with force and Arms against the Peace of the King § 6. N. 1. And moreover if any Person be put out or disseized of any Lands or Tenements in forcible manner or put out peaceably Disseisor and after holden out with strong hand or after such Entry any Feoffment or Discontinuance in any wise thereof be made to defraud and take away the Right of the Possessor that the Party grieved in this behalf shall have Assise of Novel Disseisin or a Writ of Trespass against such Disseisor § 5. N. 2. And if the Party grieved Force recover by Assise or by a Action of Trespass and it be found by Verdict or in other manner by due form in the Law that the Party Defendant entred with force into the Lands and Tenements or them after his entry did hold with force that the Plaintiff shall recover his treble Damages against the Defendant § 6. N. 3. And moreover that he make Fine and Ransom to the King Amercement § 6. N. 4. And that Mayors Iustices or Iustice of the Peace Sheriffs and Bailiffs of Cities Justices Towns and Boroughs having Franchise have in the said Cities Towns and Boroughs like power to remove such Entries and in other Articles aforesaid rising within the same as the Iustices of Peace and Sheriffs in Counties and Countries aforesaid have Force Provided always § 7. N. 1. that they which keep their Possessions with force in any Lands and Tenements whereof they or their Ancestors or they whose Estate they have in such Lands and Tenements have continued their Possessions in the same by three years or more be not endamaged by force of this Statute Riot Our Lord the King c. hath ordained c. that the said Statute C. 14. § 1. N. 15. viz. 2 H. 5. Cap. 9. shall now be kept and firmly holden for a Statute for ever c. Certificat Provided always § 2. N. 1. that it be testified by two Iustices of Peace of the Counties where such Riot shall be supposed that the common Fame and Voice runneth in the same Counties of the same Riots before that the Writ of Capias shall be awarded 2 H. 5. Cap. 9. § 2. N. 1. Indictment Item 11 H. 6. C. 6. Our Lord the King considering the great Losses and Damages which often times have come and be like co come hereafter as well to himself as to many of his Leiges for that where as well divers Indictments and Suits for our Lord the King as other Suits between party and party have been taken before divers Iustices of the Peace Assigned by several Commissions of our said Lord the King in divers Counties of England and divers Pleas and Processes upon these Indictments have been often made and hanging before the same Iustices not determined the which Pleas and Processes have been often Discontinued by making new Commissions of the Peace in those Counties to the great Loss of our said Lord the King and of his Subjects in delay of the same Pleas and Suits and of the Deliverance of his said Subjects Abatement And upon that our Lord the King willing to provide remedy of the Assent and Authority abovesaid hath Ordained and Established § 1. N. 2. that in all such Pleas Suits and Processes in them to be taken and to be made before Iustices of Peace in any County of England the said Pleas and Processes in such Suits to be done shall not be discontinued by such new Commissions of the Peace to be made but these Pleas and Processes shall stand in their force Justices And the Iustices in the same new Commission so Assigned
§ 1. N. 3. after that they shall have the Records of the same Pleas and Processes before them shall have Power and Authority to continue the said Pleas and Processes and the same Pleas and Processes and all that depend upon them to hear and finally to determin as the other Iustices might and ought to have done of and in the same if no new Commission had been made Wax And that as well every Iustice of Peace in the County where he is Iustice as Mayors and Bailiffs within Cities and Boroughs C. 12. § 1. N. 4. Stewards of Lords within the Franchises of their Lords have Power and Authority to Examin and Search viz. those that sell Wax-Candles too dear as well by Weights of such Candles Images Figures and other Works of Wax as in other manner by their Discretion and all them that any thing shall hereafter do against this Statute and to punish them that by such Examination and Search shall be found guilty in the form abovesaid Dayes Item Whereas it was Ordained by a Statute viz. 12 Rich. 2. 14 H. 6. C. 4. Cap. 10. § 1. N. 2. that the Iustices of Peace of all the Counties of England for the time being should sit and hold all their Sessions four times by the year to Enquire and Execute all Charges contained in their Commission which they be sworn to do according to the form of the Statute upon a great pain as by the same Statute more fully appeareth Justices Our Lord the King considering that all the high Courts be set and holden in the County of Midlesex § 1. N. 2. continually during all the four times of the Term by which time of Term the Commons Inhabiting in and of the same County must attend from time to time to Enquire of all the Articles to the said Courts belonging as Reason and Law requireth and that presently after every of the said Terms ended the said Iustices of the said County do sit and hold their Sessions in the same County as they ought to do by force of the said Statute viz. 12 R. 2. Cap. 10. § 1. N. 2. more to avoid the said Penalty than for any other necessary thing there to be required at which Sessions they cause to come before them a great part of the Inhabitants and Commons of the said County of Midlesex to enquire of all manner of things as to them is given in charge and by that means they be charged and vexed throughout all the year as well out of the time of Term as in the time of Term so that they have no rest nor time to do their Husbandry and their Labour to get their Living in any wise to their utter undoing if they be not releived in this behalf § 1. N. 3. Therefore the same our Lord the King willing in this case to provide for them a Remedy hath Ordained by the Advise and Assent aforesaid Peace and at the Request of the said Commons of the Realm that the Iustices of Peace which now be and all other hereafter for the time being in the said County of Midlesex shall be clearly discharged of the said Penalty by Authority of the same Parliament from henceforth the Court of Kings Bench being set in the said County of Midlesex § 1. N. 4. Provided always that the said Iustices of Peace of the said County of Midlesex for the time being keep Force observe and execute the Court of the Sessions of the Peace two times in the year at least and more often if need be for any Riot or forcible Entry made within the same County of Midlesex and that upon the Pain and Forfeiture of such Sums as be for that ordained by any Law made before this time to the end and intent that the said Commons and Inhabitants of the said County of Midlesex be not enforced nor compelled to appear before the Iustices of Peace of the same County for the time being but at such time which shall seem by the Discretion of the same Iustices of Peace necessary and behoofeful 25 Ed 3. Cap. 8. 36 Ed. 3. Cap. 12. 12 R. 2. Cap. 10. § 1. N. 2. 2 H. 5. Cap. 4. § 2. N. 2. 18 H. 6 cap. 11. Item Whereas by Statutes viz. 1 E 3. Cap. 16. § 1. N. 2. Justices 18 E. 3. St. 2. Cap. 2. 13 R. 2. Cap. 7. 17 R. 2. Cap. 10. § N. 2. made in the time of the Kings noble Progenitors it was Ordained that in every County of England Iustices should be Assigned of the most worthy of the same Counties to keep the Peace and to do other things as in the same Statutes fully is contained which Statutes notwithstanding now of late in many Counties of England the greatest number have been Deputed and Assigned which before this time were not wont to be whereof some be of small Behaviour by whom the People will not be Governed nor Ruled and some for their necessity do great Extortion and Oppression upon the People whereof great Inconveniences be likely to rise daily if the King thereof do not provide Remedy § 1. N. 2. The King willing against such Inconveniences to provide Remedy Ability hath Ordained and Established by Authority aforesaid that no Iustices of Peace within the Realm of England in any County shall be Assigned or Deputed if he have not Lands and Tenements to the value of 20 l. by year § 1. N. 3. And if any be Ordained hereafter to be Iustices of Peace in any County which hath not Lands or Tenements to the value aforesaid Justices that he thereof shall give knowledge to the Chancellor of England for the time being which shall put another Sufficient in his place § 1. N. 4. And if he give not the said knowledge as before Notice within a Month after that he hath notice of such Commission or if he sit or make any Warrant or Precept by force of such Commission he shall incur the Penalty of 20 l. and nevertheless be put out of the Commission as before § 1. N. 5. And the King shall have one half of the said Penalty Forfeiture and he that will sue for the King the other half and he that will sue for the King and for himself shall have an Action to demand the same Penalty by Writ of Debt at the Common Law § 2. N. 1. Provided always that this Ordinance shall not extend to Cities Corporation Towns or Boroughs which be Counties Incorporate of themselves nor to Cities Towns or Boroughs which have Iustices of Peace of Persons dwelling in the same by Commission or Warrant of the King or of his Progenitors Ability Provided also § 2. N. 2. that if there be not sufficient Persons having Lands and Tenements to the value aforesaid learned in the Law and of good Governance within any such County that the Chancellor of England for
together in forcible manner unlawfully and of their own Authority to the intent to do exercise or put in ure any of the things above mentioned or to do any other Trayterous Felonies or Rebellions Act or Acts and so shall continue by the space of two hours that then every person so being willingly assembled in forcible manner and so continuing by the space of two hours shall be adjudged a Traytor to the King and to the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. St. 2. C. 12 §20 N 1. Bar. Fem. And also that if any Wife or Servant of any of the same persons § 5. N. 1. or any other person whatsoever shall willingly and without Compulsion bring send deliver or convey any Mony Harness Artillery Weapon Meat Bread Drink or other Victual to any person or persons so being assembled as is aforesaid during such time as he or they shall so be assembled or be together as is aforesaid that then every Wife Servant or other person so bringing sending delivering or conveying any Mony Harness Artillery Weapon Meat Bread Drink or Victual to the same persons so being assembled together in forcible manner or to any of them shall be adjudged a Traytor to the King and to the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. St. 2. Cap. 12. § 4. N. 1. Forfeiture And furthermore it is Ordained and Enacted by the Authority above said § 6. N. 1. that every person that at any time hereafter shall be attainted of or for any of the Treasons or Treason above mentioned shall upon his said Attainder forfeit his Goods and Cattels Interests for term of Life and of years Lands Tenements and other Hereditaments in like manner and form as any person attainted for Felony only should or ought to forfeit by the Common Laws of this Realm and not otherwise that is to say the King to have the year and day and wast of such Lands and Tenements wherof any person so attainted shall at the time of the Treason committed or at any time after have an Estate of Fee-Simple and also the Goods and Cattels real and personal Franchise And that the Lords of whom the said Lands and Tenements or any part thereof shall be holden § 6. N. 2. to have and enjoy the Lands or Tenements holden of him or them for ever in such the same manner and form as in Cases of Attainder of Felony at the Common-Law Tayl. And that every person that at any time hereafter shall be attainted of any of the Treasons aforesaid § 6. N. 3. shall forfeit the Lands and Tenements and other Hereditaments whereof he shall be seised of any Estate in Tayl or for term of Life or Lives at the time of any such Treason committed or at any time after during his Life only and no longer unless the person so attainted shall be thereof seised in his demean as of Fee at the time of the said Treason committed or at any time after Heir And that after the decease of the same person so attainted § 6. N. 4. all and singular such person and persons as should have had and enjoyed such Lands Tenements and other Hereditaments as any person that at any time hereafter shall be attainted of or for any Treason above specified shall fortune to be seised of any Estate in Tayl or for term of Life at the time of any such Treason committed or at any time after shall after the death of the same person that so shall fortune to be attainted have and enjoy the said Lands Tenements and other Hereditaments in like manner and form as though no such Attainder had been had any Law or Vsage to the contrary in any wise notwithstanding Riot And furthermore it is Ordained and Enacted by the Authority abovesaid § 7. N. 1 that if any persons above the number of two and under the number of twelve being assembled together at any time after the said twelfth day of February shall intend go about practice or put in ure with force of Arms unlawfully and of their own authority to murder kill or slay any of the Kings Majesties Subjects or to overthrow cut break cast down or dig up the Pales Hedges Ditches Wall or other Closure of any Parks Park or other Ground inclosed or the Bank of any Fish-Pond or Pool to the intent that the same or any of them from henceforth should remain open not inclosed or void or to have Common or Way in the same Parks Park or other Grounds or Ground inclosed or any of them or to destroy any manner of Parks or Park or Fish-Pond or Pool or any Warrens or Warren of Connies or any Dove-houses or to pull or cut down any House Barn Mill or to burn any Stacks of Corn or Grain or alter defalk or abate the Rents or yearly Value of any Mannors Lands or Tenements of any of the Kings Subjects or the price of any Victual Corn or Grain or any other things usual for the Sustenance or Apparel of Men and being required or commanded by any Iustice of the Peace or the Sheriff of the County or by any Mayor Bailiffs or Bailiff or other Head-Officer of any City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Kings Name to retire or return to their Habitations Places or Houses and they so required by such Proclamation shall not so do but after that shall in forcible manner in form aforesaid attempt to do or put in ure any of the things last above mentioned that then every of the same persons being above the number of two and under the number of twelve shall suffer Imprisonment of his or their bodies by the space of one year without Bail or Mainprise 1 Mar. 1. St. 2. Cap. 12. § 5. N. 1. § 7. N. 2. And shall make Fine and Ransom at the Kings Will and Pleasure Amercement § 7. N. 3. And also that if any person or persons at any time after the twelfth day of February shall be damnified or hurt by the doing Damages committing or putting in ure of any unlawful act or thing above mentioned that then all and singular persons so damnified or hurt shall recover and have Damages with the Costs of their Suit sustained in that behalf trebled against the Offenders therein 1 Mar. 1. St. 2. Cap. 12. § 6. N. 1. § 8. N. 1. And forasmuch as such evil disposed persons which of late time made Commotions and Rebellion in certain places within this Realm War being but few in number at such time as they did begin the same Commotion were not in short time after the beginning thereof suppressed by strength for that the Kings loving Subjects for fear to incur the danger of the Laws of this Realm durst not take upon them so to do a greater
Iustices in the said County within the said Term of Seven Years if it shall seem good in their discretions to discharge the said Recognizance and Bond so taken and also the said Party and Parties so bound c. Ways And that the Iustices of Peace or any four of them in either of the said Counties whereof one to be of the Quorum C. 23. § 4. N 3. severally and respectively shall have Power and Authority by this Act to tax assess and rate all and every the Inhabitants of the said several Counties of Glocester and Monmouth severally and respectively as well within Liberties as without to such reasonable sum and sums of mony from time to time as to the said Iustices or any four of them in either of the said Counties severally and respectively whereof one to be of the Quorum shall be thought fit needful and convenient for the building new making up and erecting of the said Bridge viz. of Chepstow and for the continual reparation thereof Ways And be it further Enacted C. 24. § 3. N. 1. c. that the Iustices of Peace of the said County of Worcester or any three four or more of them to be nominated and agreed on by the Iustices of Peace of the said County or the more part of them in their general Quarter Sessions shall have full Power and Authority from time to time as often as need shall require untill the said Bridge viz. over the Severn near Upton shall be fully reedified c. to rate tax and assess the said County of Worcester and the several Hundreds Towns Parishes Villages and Hamlets within the same and every Inhabitant or Dweller within any the said Hundreds c. other than the said City of Worcester and the Citizens aforesaid concerning their Lands Goods and Chattels aforesaid to such reasonable sum and sums of mony as to the said Iustices so nominated as aforesaid or any three four or more of them shall be thought fit and convenient Scotland And be it further Enacted 4 Jac. Cap. 1. § 28. N. 1. c. that every Iustice of Peace of the Counties aforesaid viz. of Cumberland Northumberland Westmerland c. unto whom Complaint shall be made viz. of Offences in England by Scots or in Scotland by English shall have full Power and Authority by vertue of this Act to bind over by Recognizance in a convenient Sum taken to his Majesties use as well the Party prosecuting as any Witnesses which he shall desire to produce so as the said Witnesses may have their reasonable charges first tendred unto them to prosecute and give in Evidence before such his Majesties Iustices as aforesaid as the Case shall require 7 Jac. Cap. 1. § 3. N. 1. C. 4. § 2. N. 1. And be it further Enacted Ale c. that all Offences to be done or committed contrary to the true meaning of this Act viz. of selling Ale without Licence c. and all Penalties aforesaid shall be inquired of sued for heard and determined in the Sessions of the Peace for the County City or Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such Offence shall be committed by Action of Debt Information Indictment or Presentment wherein no Essoyn Protection or Wager of Law shall be allowed to the Defendant C. 5. § 2. N. 2. And if the said person Ale c. so convicted viz. of being drunk shall refuse or neglect to pay c. viz. 5 s. then the same shall be from time to time levyed of the Goods of every such person c. so refusing or neglecting to pay the same by Warrant or Precept from the same Court Iudge or Iustices before whom the same conviction shall be § 2. N 3. And if the Offender Imprisonment c. be not able to pay the said sum of five shillings then the Offender c. shall be committed to the Stocks for every Offence there to remain by the space of six hours § 3. N. 1. And be it further Enacted c. that if any Constable Constable or any other inferior Officer of that Parish or Place where the Offence shall be committed to whom that shall be given in Charge by the Precept of any Mayor Bailiff other Head-Officer or Iustices of the Peace within their several Limits do neglect the due Correction of the said Offender or the due levying of the said Penalties where Distress may be had then every person so offending shall forfeit the sum of ten shillings c. to be levyed by way of distress by any other person c. having Warrant from any Mayor Bailiff or other Head-Officer Iustices of Peace or Court where any such Conviction shall be c. § 5. N. 2. Be it further Enacted Justices c. that all the Offences in this and the said former Act viz. 1 Jac. Cap. 9. mentioned viz. selling Ale without Licence being drunk c. shall be from time to time diligently inquired of and presented before the Iustices of Assizes in their Circuit Iustices of Peace in their Quarter or Ordinary Sessions and before the Mayors Bailiffs or other Head-Officers of every City or Town-Corporate who have Power to inquire of Trespasses Riots Routs forces and such like Offences and in every Court-Leet and thereupon such due proceeding shall be against the Offender c. for their due Conviction in that behalf as in such like Cases upon any Indictment or Presentment is used by the Laws of the Realm or Customs of the City Town or Place where such Presentment or Indictment shall be inquired of and found 7 Jac. Cap. 1. § 3. N 1. For the preventing Scotland c. viz. of not sending English into Scotland for Offences there Contra Be it Enacted c. that if any time c. any person c. shall commit c. pety Treason Murder Manslaughter Felonious burning of Houses and Corn Burglary Robbing of Houses by day Robbery Theft or Rape and do or shall fly or escape into the Realm of England and be or shall be apprehended c. within the Parts c. lying on the North-side of the River Tyne c. that then it shall and may be lawful to and for the Iustices of Assize or any one of them in the absence of the other the Iustices of Goal-delivery at their Goal-delivery or any four of them or the Iustices of Peace in their General or Quarter Sessions or any four of them upon due and mature Examination of the said Offence c. in open Sessions and pregnant proofs of the same by Warrant under their Hands and Seals to remand and send all and every such Offender c. into the Realm of Scotland there to receive their Tryal for any the Offences aforesaid by them there committed any thing in the said Statute viz. 4 Jac. Cap. 1. § 37. N. 1. to the
N. 5. And further to become bound by Recognizance in the sum of twenty pounds to his Majesty his Heirs and Successors Recognizance with Condition that they the said Party so offending shall not at any time hereafter take kill or destroy any Phesant or Partridge § 8. N. 6. Which said Recognizance shall be taken by any one or more Iustices of the Peace of the said County Justices City or Town-Corporate where the said Offence shall be committed as aforesaid and shall be returned to the next Quarter Sessions and there to remain of Record as other Recognizances taken for the Peace § 9. N. 1. And be it further Enacted Constable that every Constable and Head-borough in every County City Town-Corporate and other Place where they shall be sworn Officers shall and may by vertue of this present Act bringing with them to that purpose a Lawful Warrant under the Hands of two Iustices of the Peace of the County City Liberties or Town-Corporate have full Power and Authority to enter into and search the house c. of any person c. other than such as by this present Act are allowed to take Phesants and Partridges with Nets as aforesaid being suspected to have any setting Dogs or Nets for the taking of Phesants and Partridges 21 Jac. Cap. 7. § 3. N 1. And be it further Enacted that any Iustice of Peace in any County Ale and any Iustice of Peace or other Head-Officer in any City or Town-Corporate within their Limits respectively shall from henceforth have Power and Authority upon his own view confession of the party or proof of one Witness upon Oath before him which he by vertue of this Act shall have Power to administer to convince any person of the Offence of Drunkenness whereby such person so convict shall incur the Forfeiture of five shillings for every such Offence and the same to be levyed or the Offender otherwise punished as in the said Statute is appointed § 3. N. 2. And for the second Offence Behavior he shall become bound to the Good-behavior as if he had been convicted in open Sessions any thing in the said former Statute c. viz. 4 Jac. Cap. 5. to the contrary notwithstanding Cap. 8. Whereas divers turbulent and contentious persons Peace some out of Malice and others in hope of Gain by way of Composition do oftentimes upon their Corporal-Oaths peremptorily and corruptly taken or otherwise upon false Suggestions and Surmises procure Process of the Peace or Good-behaviour out of his Majesties Courts of Chancery and Kings Bench against divers of his Majesties quiet Subjects whose dwellings and abodes are for the most part in Counties far distant and remote from the said Courts to their intolerable trouble and vexation whereas they might upon good cause shewed receive Iustice at the hands of the Iustices of Peace in the Counties where they dwell § 2. N. 1. For remedy whereof be it Enacted Process c. that all Process of the Peace or Good-behaviour after the end of this Session of Parliament to be granted or awarded out of the same Courts or either of them against any person or persons whatsoever at the Suit of or by the Prosecution of any person or persons whatsoever shall be void and of none effect unless such Process shall be so granted or awarded upon motion first made before the Iudge or Iudges of the same Courts respectively fitting in open Court and upon Declaration in Writing upon their Corporal Oaths to be then exhibited unto them by the said Parties which shall desire such Process of the Causes for which such Process shall be granted or awarded by or out of any of the said Courts respectively and unless that such motion and declaration be mentioned to be made upon the back of the Writ the said Writings there to be entred and remain of Record § 2. N. 2. And that if it shall afterwards appear unto the said Courts or either of them respectively Damages that the Causes expressed in such Writings or any of them be untrue that then the Iudge or Iudges of the said Courts or either of them respectively shall and may award such Costs and Damages unto the Parties grieved for their or any of their wrongful Vexations in that behalf as they shall think fit and that the Party or Parties so offending shall and may be committed to Prison by such Iudge or Iudges until he or they pay the said Costs and Damages Supersedeas And whereas divers turbulent and contentious persons deservedly fearing to be bound to the Peace or Good-behavior by the Iustices of Peace of the Counties where they dwell § 2. N. 3. do oftentimes procure themselves to be bound to the Peace or Good-behavior in the said Courts or one of them upon insufficient Sureties or upon colourable Prosecution of some person or persons who will be ready at all times to release them at their own pleasure whereupon his Majesties Writs of Supersedeas are oftentimes directed to the Iustices of Peace and other his Majesties Officers requiring them and every of them to forbear to arrest or imprison the Parties aforesaid for the Causes aforesaid by means whereof the said turbulent and contentious persons misdemean themselves amongst their Neigbours with Impunity to the great Offence and Disturbance of their Neighbours amongst whom they converse and live and to the affront of the Iustices of Peace and to the evil Example and Incouragement of like evil disposed persons Oath Be it further Enacted by the Authority aforesaid § 3. N. 1. that all Writs of Supersedeas after the end of this present Session of Parliament to be granted by or out of either of the Courts aforesaid shall be void and of none effect unless such Process be granted likewise upon motion in open Court first made as aforesaid and upon such sufficient Sureties as shall appear unto the Iudge or Iudges of the same Court respectively upon Oath to be assessed at five pound Lands or ten pounds in Goods in the Subsidy-book at the least Record Which Oaths and the Names of such Sureties § 3. N. 2. with the Places of their abode and where they stand so assessed in the Subsidy-books shall be entred and remain of Record in the same Courts Process And unless it shall also first appear unto the said Iudge or Iudges before whom such Supersedeas is desired § 3. N. 3. that the Process of the Peace or Good-behavior is prosecuted against him or them desiring such Supersedeas bona fide by some Party grieved in that Court out of which such Supersedeas is desired to be so awarded and directed Bail And whereas divers lewd and evil disposed persons commonly called Common-Bailers or Knights of the Post being base or beggarly persons § 4. N. 11 do oftentimes procure themselves to be assessed at high rates in the Subsidy-books and
any c. find him or themselves Agrieved Error supposing the same to be unequal he or they shall and may make their Complaint known to the Iustices of Peace at the next Open Sessions who shall take such open order therein as in like Cases is already by the Law provided § 8. N. 1. And it is further Enacted c. That it shall and may be lawful Taxes to and for any two Iustices of the respective Counties of Middlesex and Surrey by their Warrant under their Hands and Seals to Authorize the Church-wardens or Overseers for the Poor c. to demand gather and receive of every person c. such Sum c. as shall be Assessed upon them c. N. 2. And for default of payment within ten dayes after Process c. demand thereof made or notice in Writing left at the dwelling House or Lodging c. to levy the same by Distress and Sale c. § 12. N. 1 Provided the said Orders and By-Laws Corporation viz. made by the Corporations for the Poor c. shall from time to time be presented to the Iustices of Peace in their Quarter Sessions Assembled to be allowed by the major part of them and confirmed by order of the said Court § 15. N. 1. Be it therefore Enacted c. That in case any Constable Headborough or Tithingmen shall dye or go out of the Parish any two Iustices of the Peace Constable may make and swear a new Constable Headborough or Tythingman until the said Lord viz. of the Leet shall hold a Court or until next Quarter Sessions who shall approve of the said Officers so made and sworn as aforesaid or appoint others as they shall think fit N. 3. And if any Officer shall continue above a year in his or their Office Justices that then in such Case the Iustices of Peace in their Quarter-Sessions may discharge such Officers and may put another fit person in his or their place until the Lord of the Mannor shall held a Court c. Poor Be it therefore Enacted § 16. N. 2. c. that it shall and may be lawful to and for any Iustice of the Peace to whom any Rogue Vagabond or sturdy Beggars so apprehended shall be brought to reward any c. that shall apprehend any Rogue Vagabond or sturdy Beggar by granting c. an Order or Warrant under his Hand and Seal to the Constable Headborough or Tithingman of such Parish where such Rogue c. passed thorough unapprehended requiring them to pay such person c. the Sum of two shillings for every Rogue c. which shall be so apprehended Constable And if such Constable c. refuse or neglect to pay the two shillings N. 3. c. that then the said Iustices of the Peace or any other Iustice or Iustices of Peace shall procéed against any such Constable c. according to the said Statutes viz. 39 Eliz. 4. 1 Jac. 7. and to compel him to pay c. by c viz. 1 Jac. 7. § N. and to allow out of the said Forfeiture the said two shillings and such reasonable means and allowances for the loss of time as they shall think fit Forfeiture And if any c. shall apprehend any Rogue c. at the Confines of any County which passed thorough any Parish of another County unapprehended § 17. N. 1. it shall be lawful for such person c. to go to some Iustice of Peace of that County through which such Rogue c. passed unapprehended who is hereby required upon a Certificate under the Hand of some Iustice of Peace of the County where such Rogue c. was apprehended to grant his Order or Warrant under his Hand and Seal requiring the said Constable c. to pay c. the Sum of two shillings which if he shall refuse or neglect to do then such Iustice is hereby required to procéed against such Constable c. and to cause him to pay x s. or so much thereof for his expenses and loss of time as the said Iustice of the Peace shall think fit to such which he hath forfeited by the Statute viz. 39 Eliz. 4. Taxes Which rate viz. by Constables Church-wardens c. for Charges § 18. N. 3. c. being confirmed under the Hands and Seals of any two Iustices of the Peace c. the said Constable c. shall have power by Warrant under the Hands and Seals of two Iustices of Peace to Levy by Distress and Sale of the Goods of any person refusing to pay the same c. Bastardy Be it therefore Enacted § 19. N. 2. c. That it shall and may be lawful for the Church-wardens and Overséers for the poor of any Parish where any Bastard-Child shall be born to take and seize so much of the Goods and Chattels and to receive so much of the Annual rents and profits of the Lands of such pu●ative Father or lewd Mother as shall be ordered by any two Iustices of Peace c. for or towards the discharge of the Parish to be confirmed at the Sessions for the bringing up and providing for such Bastard-Child Process And thereupon it shall be lawful for the Sessions N. 3. to make an Order for the Church-wardens or Overseers for the poor of such Parish to dispose of the Goods by sale or otherwise or so much of them for the purposes aforesaid as the Court shall think fit and to receive the rents and profits or so much of them as they shall be ordered by the Sessions as aforesaid of his or her Lands Justices And be it further Enacted § 22. N. 1. c. that the Iustices of Peace within the said Counties viz. of Lancashire Cheshire Derbyshire York shire Northumberland Durham Cumberland and Westmerland c. shall have and enjoy such and the like Powers and Authorities to raise and Levy Monies and to do and execute all and every such other act and thing whatsoever within every Township or Village within the said County where they are Iustices as is given c. within any Parish c. in and by the said Act c. viz. 43 Eliz. 2. under such and the like pains and penalties c. Merchants And be it further Enacted c. that C. 13. § 3. N. 1. c. upon Complaint and Information given to the Iustices of Peace or any or either of them within their respective Counties Cities and Towns Corporate at times reasonable he or they are hereby Authorised and Required to Issue forth his or their Warrants to the Constables of their respective Counties Cities and Towns Corporate to enter and search for such Manufactures in the Shops being open or Ware-houses and Dwelling-houses of such person or persons as shall be suspected to have any such Forreign Bonelaces Imbroyderies Cutwork Fringe Band-strings Buttons or Needlework within
Act it shall and may be lawful for the respective Iustices of Peace of the said respective Counties or the major part of them at any General Sessions of the Peace to be holden for the said Counties respectively on the behalf of the said Counties or either of them from time to time as they shall sée occasion to make an Order in open Court of Sessions for charging according to their several proportions all and every the several Inhabitants of the said respective Counties for the safeguard and securing of the said several Counties and Inhabitants thereof from all injury violence spoil and rapine of the Moss-Troopers aforesaid Taxes Provided that the said County of Northumberland be not by force of this Act at any time charged above the Sum of Five hundred pounds in the year § 3. N. 1. nor the said County of Cumberland charged above the Sum of Two hundred pounds in the year Justices And for this end and purpose the said several Iustices of the Peace of the respective Counties aforesaid N 2. are hereby Impowered and Authorized at their General Quarter Sessions aforesaid to appoint and imploy from time to time if occasion require any person or persons to have the Conduct and Command of a certain Number of men not exceeding the number of Thirty men in the County of Northumberland and Twelve in the County of Cumberland whereby the Malefactors aforesaid may be searched out discovered persued apprehended and brought to tryal of the Law Justices And all and every the said Iustices of the Peace of the respective Counties aforesaid or the major part of them N. 3. at any General Sessions of the Peace to be holden for the said Counties or either of them respectively are hereby further Impowered and Authorized by force of this present Act to make and issue forth their respective Warrants under their Hands for the levying and collecting any Sum or Sums of Money ordered to be paid for and towards the safeguard and securing of the said Counties respectively as aforesaid and to give full power to the several Constables and other Officers to Raise Levy and Collect the said money and all and every the Inhabitants of the said several Counties according to their respective proportionable Estates in Lands or Goods by Distress and Sale of Goods rendring the overplus if there be any to the respective Owner or Owners Peace And the said Iustices of Peace in the said several Counties N. 4. or any one of them respectively are hereby also Authorized to Examine any complaint made against the Collectors and Constables or any other Officers or Ministers of Iustice whatsoever or any of them or any other refractory person or persons whatsoever that at any time hereafter shall neglect refufe or fail to give obedience to this Act or shall do any act or acts in disturbance or obstruction thereof and to bind over such person or persons to the next Quarter-Sessions according to the known Laws of the Land to the end such person or persons may be procéeded withal according to Iustice § 4. N. 1. And the said respective Iustices of the Peace as aforesaid Account are hereby further impowered and authorized on behalf of the said several Counties respectively to appoint a Treasurer to receive from the said Collectors the Monies by them Collected and to pay over the same according to the Orders they shall receive from the said Iustices at their General Sessions of the Peace to be holden for the said respective Counties N. 2. And the said Iustices are also impowered to agree and article with such person or persons yearly as they shall think fit to Imploy in the said Service Justices and to take sufficient security of them for the faithful and most effectual performance thereof for the best safeguard advantage and benefit of the People according to the true intent and meaning of this Act. § 5. N. 1. And in case any person or persons shall in pursuance of this Act be imployed in the border Service and shall at any time hereafter wilfully and corruptly War or for any sinister respect whatsoever neglect or forbear to discover or apprehend or to bring to Tryal any of the said persons called Moss-Troopers as aforesaid and shall be Convicted thereof according to Law he or they shall from thenceforth be disabled and made uncapable for ever after to manage or take upon him or them the said Imployment and to suffer such Fine and Imprisonment according to the Quality of his or their Offence as the Iustices of Peace at their General Sessions shall think fit to inflict § 6. N. 1. Provided nevertheless and be it hereby declared Taxes that it shall be lawful for the Iustices of Peace of either of the said Counties as aforesaid respectively at any time hereafter to moderate or lessen the said Charge if they sée cause § 7. N. 1. Provided that this Act shall continue and be in force for Five years Dayes and no longer 18. Car. 2. 3. § 1. N. 2. § 8. N. 1. Provided alwayes and be it further Enacted Scotland c. That for better suppression and punishment of the said Moss-Troopers flying out of England into Scotland or out of Scotland into England the Statutes made in the several Sessions of Parliament in the Fourth and Seventh years of King James viz. 4 Jac. 1. 7 Jac. 1. shall be renewed and put in execution according to the true Intent C. 26 § 6. N. 4. All and every of which said Offences viz. want of weight and mark of Vessels and ill salting and packing of Butter are to be inquired of sued for Victual heard and determined in the Sessions of Peace for the County City Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such Offence shall be Committed by Action of Debt Indictment Information or Presentment wherein no Essoin Protection or wager of Law shall be allowed to the Defendant C. 28. § 5. N. 1. And be it further Enacted c. that if any Idle or Suspitious person Fish c. shall in the night assemble and flock together about the Boats Wells or Cellars belonging to any Pilchard Coast upon any the Coasts of Cornwal or Devon having no business there to do and being warned by the Company or Owner of such Boats or Cellars to be gone that then upon complaint made to any one Iustice of the Peace every such person or persons refusing so to do shall pay Five shillings to the Poor of the Parish where such Offence was committed or shall be set in the Stocks for the space of five hours C. 32. § 2. N. 1. For prevention of all which abuses Drapery and deceits viz. in broad Wollen Cloth It is Enacted c. that c. there be and shall be a Corporation to continue forever within
and indifferent persons dwelling next about the Lands so Entred as before to enquire of such Entreies 2. Whereof every man which shall be Impannelled to Enquire in this behalf shall have Land or Tenement of the yearly value of xl s. by the year at the least above reprises 3. And that the Sheriff Retorn Issues upon every of them at the day of the first Precept Retornable 20 s. and at the second 40 s. and at the third time 100 s. and at every day after the double 4. And if any Sheriff or Bailiff within a Franchise having Retorn of the Kings Writ be slack and make not Execution duly of the said Precepts to him Directed to make such Inquiries that he shall forfeit to the King 20 l. for every default and moreover shall make Fine and Ransom to the King XI 8 H. 6. 9. § 5. N. 1. And that as well the Justices or Justice aforesaid as the Justices of Assise and every of them at their coming into the Country to take Assizes shall have and every of them shall have power to hear and determine such defaults and negligences of the Sheriffs and Bayliffs and every of them as well by Bill at the Suit of the party grieved for himself as for the King to sue by Indictment only to be taken for the King 2. And if the Sheriff or Bayliff be duly attainted in this behalf by Indictment or by Bill that he which sueth for himself and for the King have the one moiety of the Forfeiture of 20 l. together with his Costs and Expences 3. And that the same Process be made against such persons Indicted or sued by Bill in this behalf as should be against persons Indicted or Sued by Writ of Trespass done with Force and Arms against the Peace of the King XII 8 H. 6. 9. § 6. N. 1. And moreover if any person be put out or disseised of any Lands or Tenements in forcible manner or put out peaceably and after holden out with strong hand or after such Entry any Feoffment or Discontinuance in any wise thereof be made to defraud and take away the right of the Possessor that the party grieved in this behalf shall have Assize of Novel Disseisin or a Writ of Trespass against such Disseisor 2. And if the party greived recover by Assize or by Action of Trespass and it be found by Verdit or in other manner by due Form in Law that the party Defendant entred with Force into the Lands and Tenements or them after his Entry did hold with Force that the Plaintiff shall recover his Treble Damages against the Defendant 3. And moreover that he make Fine and Ransom to the King 4. And that Mayors Justices or Justice of Peace Sheriffs and Bayliffs of Cities Towns and Borroughs having Franchises have in the said Cities Towns and Burroughs like power to remove such Entries and in other Articles aforesaid rising within the same as the Justices of Peace and Sheriffs in Countyes and Countryes aforesaid have XIII 8 H. 6. 9. § 7. N. 1. Provided always that they which keep their Possessions with Force in any Lands and Tenements whereof they or their Ancestors or they whose Estate they have in such Lands and Tenements have continued their possessions in the same by three years or more be not endamaged by Force of this Statute Justices XIV Lambert 140. This Statute 8 H. 6. 9. § N. Enableth any one Justice of the Peace to give remedy in this hurt of Forcible Entry and holding and is made as well against such as enter with force and then hold peaceably and against those that enter in peaceable sort and then maintain their possession forcibly as also against as many as do both enter and hold in forcible manner 3 Ed. 4. 19. Forcible Entry Br. 15. F.N.B. 148. Dalt 56. cap. 22. 194. cap. 76. Disseisin XV. Lambert 141 142. Walking over another mans ground to Hawk Hunt Fish cut Grass or fell Trees or taking Goods is a Disseisin with Force and Arms 34 H. 6. 26. Acc. sur Stat. Br. 8. Briefe Br. 522. 11 Ass 26. 11 H. 4. 16. 21 Ed. 3. 34. Assize 301. and yet I doubt also whether any of these be of themselves forcible Entries of that nature which these Statutes do take in hand to punish for albeit they have in them more actual force then those other Trespasses c. Yet whilst the doer of them neither executeth apparent violence against any person nor is furnished with Weapon nor armed with Company that may offer any dreadfull disturbance I see not how those Statutes which have for their only mark strong hand and multitude of people can hurt or so much as hit him Cromp. 68. § 1. Dalt 195. cap. 77. XVI Lambert 142. So that if a man were Indicted upon this Statute Riot 8 H. 6. 9. for that he Disseised another vi Armis viz. Gladiis c. without saying manu forti c. or cum multitudine c. the Bill as I think would be insufficient unless it were holpen by concluding afterwards contra form ' Statuti predicti or by some other matter that implyeth so much Dalt 195. cap. 77. XVII Lambert 145. Seisin If a Justice of the Peace come to the house that is supposed to be holden with force and there findeth but one person which obstinately keepeth the Door shut against him and will not suffer him to enter this is a forcible holding by Marrow So is it if when the Justice entreth the house he shall find persons harnessed or in other Warlike sort appointed or having such furniture lying ready in the House to be used by them by Marrow But if a man shall peaceably enter into a House wherein he findeth Armor or Weapon for the War then as I think the only suffering it to remain there without the use thereof will not charge him as a forcible holder Crompt 70. b. § 40. Dalt 57. cap. 2● 197. cap. 77. Boult 123. cap. 29. § 11. XVIII Lambert 146 147. Touching the Recording of the Force Reeords although both this Statute 8 H. 6. 9. § 2. N. 3. 15 R. 2. 2. § 1. N. 2. have mention that the Justice shall upon complaint made unto him by the party grieved go to the place c. yet that doth not inforce any necessity of such complaint for it is holden 7 Ed. 4. 18. Crompt 64. a. that a Justice of Peace may Record a forcible Entry or holding or may enquire of it and make restitution also upon any Information or knowledge thereof whatsoever tho no complaint at all be brought unto him by any party grieved thereby Poult de Pace 38. § 16. Boult 122. cap. 29. § 8. XIX Crompt 67. b. 68. a. § 4. Justices If a man enters with Force upon the possession of a Justice of Peace it seemeth he himself may Record this Force and Commit him tho he is party himself to the matter
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
Ireland or from the Isle of man into this Realm of England do from the last day of June next comming wittingly or willingly transport bring carry or convey or suffer to be transported brought carried or conveyed in any Ship Picard Vessel Boat or Boats from and out of the said Realm of Ireland or from or out of the said Isle of Man into the Realm of England or Wales or any part thereof any Vagabond Rogue or Begger or any such as shall be forced or very like to live by Begging within the Realms of England or Wales being born in the Realm of Ireland or in the said Isle of Man Ouster le mere CCCLVII 14 Eliz. 5. § 31. N. 2. On pain of every such person or persons so bringing transporting carrying or conveying either suffering to be brought transported carryed and conveyed in manner and form aforesaid to forfeit and lose for every such Vagabond Rogue Begger or other person which shall be forced or like to live by begging within this Realm of England or Wales being transported and set on Land in any part of England or of Wales 20 s. of lawful English mony to the use of the Poor of the same Parish in which they were set on Land Seisure CCCLVIII 14 Eliz. 5. § 31. N. 3. To be levyed by the Collectors of the same Poor for the time being by seisure and selling of any the Goods and Chattels of the same person which shall so bring transport carry or convey any such Rogue Vagabond or Begger or other person which shall be forced or like to live by Begging within the Realm of England or of Wales to the value of the same forfeiture Vagabond CCCLIX 14 Eliz. 5. § 31. N. 4. And on the pain of the same Vagabonds Rogues and Beggers so set on Land to be punished as the other Vagabonds and sturdy Beggers in this Act before mentioned and declared Ireland CCCLX 14 Eliz. 5. § 32. N. 1. And be it likewise Enacted if any such Maniske or Irish Rogue Vagabond or Begger been already or shall at any time hereafter be set on Land in any part of England or of Wales the same shall be conveyed to the next Port in or near which they were Landed and from thence be transported at the Common charge of the County where they were set on Land into those parts from whence they came or were transported CCCLXI. 14 Eliz. 5. § 33. N. 1. Also be it provided Taxes that if any manner of person shall hereafter find him or her self grieved with any Taxation set upon them by vertue of this Act it shall be lawful for them at the next General Sessions of the Peace to be holden within the same Shire where their Taxation shall be to make complaint thereof to the Justices o the Bench and to be eased of their excessive charge by the discretion of the whole Bench or the most part of them CCCLXII 14 Eliz. 5. § 33. N. 2. And if any default shall be hereafter found in any Justices of the Peace or Quorum Justices in or about the Execution of this Act every of the said Justices upon proof of the said default by two sufficient Witnesses before the Justices of Assize at the next General Sessions of Goal delivery for the same County after the same default shall forfeit and lose 5 l. c. The one half whereof to be to the use of the said Poor people of the same County and the other half to the Queens Majesty which said forfeiture shall be levyed by distress by discretion of the said Justices of Assizes CCCLXIII 14 Eliz. 5. § 34. N. 1. And whereas a great number of Poor and diseased people do resort to the City of Bath Pasport in the County of Somerset and the Town of Buckstone in the County of Derby for some ease and relief of their diseases at the Baths there and by means thereof the Inhabitants of the same City of Bath and Town of Buckstone are greatly overcharged with the same Poor people to their intolerable charge CCCLXIV Be it Enacted Licence c. that no diseased or Impotent Poor person living on Alms at any time after the Feast of Saint Bartholomew the Apostle next coming shall resort or repair from their dwelling places to the said City of Bath and Town of Buckstone or either of them to the Baths there for ease of their grief unless such person be not only Licenced so to do by two Justices of the Peace of the County where such person doth or shall then dwell or remain but also provided for of the Inhabitants of such Hundred Parishes or places from whence they shall be so Licenced to travail of such relief for and towards his maintenance as shall be necessary for the same person for the time of such his abode at the said City of Bath and Town of Buckstone or either of them and return home again as shall be limited by the same Licence upon pain to be reputed punished and used as Vagabonds by the purview of this Statute and that the Inhabitants of the same City and Town shall not in any wise be charged by this Act with the finding or relief of any such Poor people CCCLXV 14 Eliz. 5. § 35. N. 1. And for the better performance of this Charitable Act Hospital it is ordained and established that whereas the late King of Famous Memory King Henry the Eighth his Heirs or Successors or any other person or persons heretofore by his or their several and lawful Erections and foundations hath or have ordained or appointed any summ or summs of mony rents reliefs or Commodity to the use of the Poor or for the repairing or mending of High-ways or Bridges not being taken away otherwise by Act of Parliament whether the same be in any Cathedral Church Colledge or elsewhere CCCLXVI 14 Eliz. 5. § 35. N. 2. That the Bishop of the Diocess Justices or his Chancellor within which the said Cathedral Church Colledge or place is And the Justices of Peace of the County within the which the said Cathedral Church Colledge or place is or three of them whereof one to be of the Quorum shall have Authority from time to time to examine how and after what manner the said Mony Rent Relief or Commodity is bestowed and to call to account the parties which do detain the said mony rents or relief and thereupon to take such order for the distribution of the same as to their discretions shall seem most fit and agreable to the good intent of the Founders Givers or Granters and thereof to make Certificate in the High-Court of Chancery once in every year Lambert 361. Imprisonment CCCLXVII 14 Eliz. 5. § 36. N. 1. Provided always that whereas by reason of this Act the common Goals of every Shire within this Realm are likely to be greatly pestered with a more number of Prisoners than heretofore hath been for
the time being shall have power to put other discreet persons learned in the Law in such Commissions though they have not Lands or Tenements to the value aforesaid by his Discretion War And if it be found by Enquiry before Iustices of Peace and proved C. 19. § 2. N. 5. that they viz. Souldiers have so mustred of Record and departed from their Captains aforesaid viz. within the term of retainer without Licence as afore is said viz. under Seal of Captain for Sicknes c. that then they shall be punished as Felons Sheriffs And that the Iustices of Assises in their Sessions 23 H. 6. C. 10. § 2. N. 13. c. and Iustices of Peace in their County shall have power to enquire hear and determin of Office without special Commission of and upon all them viz. Sheriffs Bailiffs Coroners c. that do contrary to these Ordinances in any Article or point of the same Fees And the Iustices of the Kings Bench and of the Common-place C. 11. § 3. N. 1. Iustices of Assises and Goal-delivery and Iustices of Peace in every County shall have power to enquire hear and determin of all the said Defaults as well by Enquiry at the Kings Suit as by Action at the Suit of the Parties viz. for undue levying of Wages of Knights of Shires of Parliament Attorney And if any Person or Persons usurp 33 H. 6. C. 7. § 3. N. 8. or presume to be Atturneys in Courts of Record in the said Counties viz. of Norfolk or Suffolk or City viz. of Norwich otherwise then before is specified viz. by Election of the Justices c. and that found by Enquisition taken before the Iustices of Peace in the said City or Counties which shall have power by Virtue of this Ordinance to enquire thereof in their Sessions or in any other manner lawfully proved that then he or they that so presume if they be thereof lawfully Convict shall forfeit twenty pounds c. Statuta Ed. 4. Sheriffs BVT that the said Sheriffs and their Vnder Sheriffs 1 Ed. 4. C. 2. § 3. N. 4. Clerks or Bailiffs and their Ministers shall bring present and deliver all such Indictments viz. of Felony Trespass c. or Presentments taken before them or any of them in their Towns or Law-days aforesaid to the Iustices of Peace at their next Sessions of the Peace that shall be holden in the County or Counties where such Indictments and Presentments shall be taken before the Iustices of such County or Counties for the time being Indictments And that the said Iustices of Peace shall have Power and Authority to Award Process upon all such Indictments as the Law doth require § 3. N. 6. and in like form as if the said Indictments and Presentments were taken before the said Iustices of Peace in the said County or Counties and also to Arraign and deliver all such Person or Persons so Indicted and Presented before the said Sheriffs Vnder Sheriffs their Clerks Bailiffs and their Ministers or any of them in their Towns or Law-days Amercement And all such Person or Persons which be Indicted or Presented of Trespass § 3. N. 7. shall make such a Fine as shall seem lawful by their Discretions Drapery And that every Iustice of Peace for the time being of every County of this Realm throughout the same County out of Cities 4 Ed. 4. C. ● § 6. N. ● Boroughs and Towns where any Mayor Master Warden Bailiff or Bailiffs is or be and shall have Power and Authority by this Ordinance to hear and determin the Complaints of every such Cloath-maker and Labourer as well for Non-paymnt of the said Labourers wages as of the said Forfeiture and Dam ageseby due Examination of the Parties in this behalf thereupon for nonpayment of the said Duties and Forfeiture and for the said Damages to comit the said Offenders in this behalf to the next Goal within the same County there to remain till the said Duties Forfeitures and Damages be fully paid to the said Labourer or Cloath-maker § 6. N. 4. And also that every of the said Iustices of Peace Justices c. upon the Information or Complaint of any other Person which is not grieved in this behalf shall have power by the said Authority within his Iurisdiction to cause the Party to come before him against whom such Information or Complaint shall be made for Offending this Ordinance and to examin him in and upon the matter contained in the same Information or Complaint § 6. N. 6. And that every of the said Iustices of Peace Process c. within his Iurisdiction upon every of the said Informations or Complaints shall have full power to make like Process against the Party upon whom any such Information or Complaint as before is rehersed shall be made to cause him personally to appear before him thereupon to be examined as Iustices of Peace have upon Information or Complaint made to them for surety of the Peace without any Fee or Reward to be taken or had by any of the said Iustices c. 12 Ed. 4. C. 9. § 6. N. 14. And the Iustices of Peace in every place Corporate Corporation and the Iustices of Peace in every other place having Iustices of Peace within them shall have power to hear and determin every such Forfeiture viz. of Escheator not having twenty pound a year or Letting to Farm c. upon Presentment thereof had before them in their Sessions § 6. N. 15. In which Presentment like Process shall be had as is used upon Indictments of Trespass Process done with Force and Arms against the Kings Peace 17 Ed. 4. C. 4. § 1. N. 13. And also that the Iustices of Peace for the time being within any County of this Realm and every of them shall have full power to enquire Masons hear and determin by their discretions as well by Examination or otherwise the Defaults Offences and Trespasses which shall happen to be comitted contrary to this Ordinance viz. of Tile-makers as well at the Kings Suit as at the Parties which shall fell himself greived in that behalf § 1. N. 14. And if it be found or may appear Justices to the Iustices of Peace or any of them by Examination or otherwise by their Discretion that any Person or Persons hath offended contrary to this Ordinance that then the same Iustices before whom it shall be found or appear shall assess upon the Offenders in this behalf no less Fine than for every M. of plain-Tile set to sale contrary to this Ordinance V s. and for every C. of Roof-tile VI s. VIII d. and for every C. of Corner-tile or Gutter-tile II s. sold contrary to this Ordinance c. § 1. N. 15. And that the same Iustices shall have full power to call before them or any of them at any time and place