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A47352 Choice presidents upon all Acts of Parliament relating to the office and duty of a justice of peace. With necessary notes and instructions thereupon taken out of the said Acts of Parliament, and other particular cases in law adjudg'd therein. As also a more useful method of making up Court-Rolls than hath been hitherto known or published in print. By Rich. Kilburne, Esq; late one of His Majestie's Justices of the Peace for the county of Kent, and principal of Staple-Inn. Kilburne, Richard, 1605-1678.; G. F., of Grayes-Inn. 1681 (1681) Wing K429; ESTC R217188 201,245 429

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faithfull to his trust and not deserted the same by taking up Arms against His late Majesty or His Majesty that now is or otherwise And hath repaired to W. in the said County being the place where he wa●… last settled before he took Arms We do therefore according to the said Statute assign for his Relief until the next Quarter-Sessions to be holden for the County of K. which you are hereby required to pay unto him Given under our hands and seals c. The like for Allowance to Wife or Orphan To the Treasurer of the said County for maimed Souldiers Kent ss FOrasmuch as A. B. hath according to the form of the Statute in that behalf lately made made appear unto us that A. B. late of C. continued faithfull to his trust and not deserted the same by taking up Arms against His said late Majesty or His Majesty that now is or otherwise We do therefore according to the said Statute adjudge that over and besides such relief as shall gain by work and labour and shall be allowed by the charity and benevolence of the Parish of A. where is now settled Given under our hands and seals this c. Swearing To pay 1 s. for Swearing in the presence of a Justice of the Peace To the Constable and Borsholders of the Hundred of D. in the said County and to every of them and to the Church-wardens and Overseers of the Poor of the Parish of B. in the County aforesaid and to every of them Kent ss FOrasmuch as A. B. of c. in the County aforesaid Butcher being of above the age of twelve years did in my hearing this present day in the Parish aforesaid prophanely swear one Oath for which Offence he forefeited and was to pay to the use of the Poor of the Parish the summ of 12 d. These are therefore in His Majestie 's name to command you to levy to the use of the Poor of the said Parish the aforesaid 12 d. by Distress and Sale of the Goods of the said A. B. rendring to him the over-plus And in defect of such Distress that you the said Constable do set the said A. B. in the Stocks by the space of three whole hours Hereof fail not c. A Warrant to levy Monies for prophane Swearing To the Constables and Borsholders c. K. ss FOrasmuch as it was this present day proved before me that A. B. of c. did in the said Parish offend by profane Swearing four Oaths by reason whereof he hath forfeited to the use of the Poor of the said Parish the summ of c. that is to say 3 s. 4. d. for every time he did so offend according to the form of the Statute in that case made and provided These are therefore in His Majestie 's name to command you that you some or one of you do forthwith levy the said forfeiture of c. upon the Goods and Chattels of the said A. B. by Distress and Sale of the same returning the over-plus And that forthwith after your levying of the said forfeiture of c. you pay the same to the Church-wardens and other the Overseers of the Poor of the said Parish or to some or one of them to the use of the Poor aforesaid And in case no sufficient Distress shall be found and that the said A. B. shall not pay the said forfeiture or give security for the same That then you do set him in the Stocks there to remain the space of three whole hours Hereof fail not c. A Certificate of Conviction for Swearing Kent ss I R. K. Esquire one of His Majestie 's Justices c. do hereby certifie to the Clerk of the Peace of the County of K. that the persons whose names are hereunto subscribed were since the last Sessions committed before me for Swearing one prophane Oath a piece Given under my hand and seal this c. Tax A Warrant to the Assessors to make a Tax upon an Act of Parliament for Royal Aid K. ss BY virtue of an Act of this present Parliament intituled An Act for granting a Royal Aid unto the King's Majesty of 2477500 li. to be raised levied and paid in the space of three years in manner following that is to say 68819 li. 9 s. by the month for thirty six months beginning from the 25. day of Decemb. 1664. These are to will and require you and every of you whose names are hereunder written for the purpose aforesaid for the second and third quarterly payments of the said six months Assessments with all care and diligence to assess on all Lands Tenements Hereditaments Annuities Rents Parks Warrens Goods Chattels Stock Merchandise Offices other than Judicial and Military Offices and Offices relating to the Navy under the command of the Lord High Admiral and Offices within His Majestie 's Houshold Tolls Profits and all their Estates both reall and personal within the Limits Circuits and Bounds of your Hundred of A. the full and just summ of c. by a pound rate wherein you are to assess the Tenant one sixth part of the whole in respect of his stock upon Land and you are to assess all other persons for their personal estate other then their stock upon Lands and Houshold-stuff for every 20 li. proportionably to 1 li. by the year in Lands And you are to take especial care that therein you assess not any part of the said monies upon the Rents and Revenues due and payable to either the Universities or any other Colleges Halls Hospitals Almes-houses or Free-schools Nevertheless you are to assess the Tenants of all such Lands and Tenements for so much as the same are worth by the year over and above what Rents or Revenues they pay to the said Universities Colleges c. And you are hereby further willed and required that you bring the said Assessment fairly written exactly cast up and by you signed unto us at the house of c. tali die by two of the clock in the afternoon of the same day Of all which you nor any of you are to fail upon pain of 20 li. Given under our hands and seals at A. the c. To A. B. C. D. E. F. G. H. The Preamble of the Tax Book The Hundred of A. c. Kent ss A Tax made the second day of May Anno Dom. 1664. and in the sixteenth year c by us whose names are hereunder subscribed in pursuance of a Warrant to us directed under the hands and seals of A. B. C. D. E. F. Esquires and others Commissioners nominated in an Act of this present Parliament intituled An Act for granting c. as before We are required to assess upon the said Hundred on all Lands Stock Goods c. the summ of c. by a pound rate wherein the Tenant is to be assessed one sixth part of the whole which we have accordingly assessed viz the Landlord at 5 d. in the pound Rent
and the Tenant 1 d. on the pound in respect of his Stock upon the said Lands and for all other Goods Stock c. for every 20 li. proportionably to 2 s. per annum on Lands as followeth viz. Tenants Rents per Annum Tax on Lands Tax on Stock Lands and Trade C. D. 20 li. 0. 08. 04. 0. 1. 8. G. H. 50. 1. 00. 10. 0. 4. 2. L. M. 80. 1. 13. 04. 0. 6. 8. Abatement to be allowed to the Landlord in respect of the Water In-lets and other Charges imposed on the said Lands A Warrant to the Collectors of the Tax upon the Royal Aid Kent ss BY virtue of an Act of this present Parliament intituled An Act for granting a Royal Aid unto the King's Majesty of 2477500 li. to be raised levied and paid in the space of three years These are to will and require you and every of you whose names are hereunder written to collect all and every the summs of money mentioned in the Assessment hereunto annexed so that you duly pay the summ which you are hereby required so to doe unto A. B. of c. whom we have nominated and appointed head Collector of the moneys aforesaid at his house in A. aforesaid in manner following that is to say one Moiety thereof being the second quarterly payment of the said three years Assessment on or before the twentieth day of c. next ensuing and the other Moiety thereof being the third quarterly payment of the said three years Assessment on or before the twentieth day of October then next following And in ●…ase any person or persons shall neglect or re●…se to pay any summ of money whereat he is in the said Assessment rated or assessed then you and every of you are hereby authorized and required to levy the summ assessed by Distress and Sale of the Goods of such person or persons so refusing or neglecting to pay deducting the summ assessed and reasonable charges of Distraining and you shall restore the ever plus to the Owner thereof Yo●… and every of you are hereby likewise authorized to break open in the day time any House Trunk Chest Box or other thing where any such Goods are and to call to your assistance the Constable Tithing-man and Headburrough within the place where any such refusal neglect or resistance shall be made which said Officers are by the said Act required to be aiding and assisting in the premisses as they will answer the contrary at their perils And in case any person or persons shall refuse or neglect to pay his or their Assessment and convey his or their Goods or other personal Estate whereby the summ of money so assessed cannot be levied according to the said Act that then you certifie to us or any two of us the name or names of such person or persons so refusing or neglecting or conveying as aforesaid To the end such proceedings may be had thereupon against him her or them as by the said Act is directed And in case any Lands or Houses within your Hundred shall lie unoccupied and no Distress can be found on the same by reason whereof your said Hundred is forced to pay and make good the Tax assessed upon such Lands lying unoccupied Then you and every of you are hereby authorized and required at any time after with the assistance of the Constable or Tithing-man within your Hundred for the time being to enter and distrain upon the said Lands and Houses when there shall be any Distress thereupon to be found and the Distress and Distresses being the proper Goods of the Owner or any claiming any Estate Interest or Profit under him if not redeemed within fourteen days by paymen●… of the Tax and Charges of Distraining to sell rendring the over-plus to the Owner or Owners of such Distress And you are hereby enjoyned to distribute the money raised by the Sale proportionably to the parties who contributed to the Tax of the said unoccupied Lands you and every of you are hereby further enjoyned that where any Wood-land shall be Assessed and no Distress can be had that in such case with the assistance of the Constable Headburrough or Tithing-man you cut and sell to any person or persons so much of the Woods growing on the said Wood-lands as will pay the Assessment or Assessments so behind and unpaid and the charge incident thereunto And the person or persons and his Assigns to whom such Woods shall be sold are by the said Act authorized to fell cut down dispose and carry away the same to his own use rendring the over-plus if any be to the Owner thereof You and every of you are hereby likewise authorized that where any Tax or Assessment within your said Hundred shall be laid upon Tiths Tolls Profits of Markets Fairs or Fisheries or other annual Profits not distreinable in case the same shall not be paid within fifteen days after such Assessment so charged or laid and demanded That then you or any of you seize take and sell so much of the said Tithes Tolls and other Profits so Charged as shall be suffidient for the levying of the said Tax and Assessment and all Charges occasioned by such non payment thereof rendering the over-plus to the Owner if any be of all which you nor any of you are to fail upon such pains and penalties as by the said Act may in such case be inflicted on you And lastly we do hereby declare unto you that upon your Collection of the whole summe appointed to be Collected by you and payment thereof as is hereby appointed you are to have and receive for your pains in collecting and paying the moneys one penny in the pound which the said head Collector is by us authorized to pay unto you accordingly Given under our hands and seals at A. the c. To A. B. C. D. E. F. Collectors for the Hundred of A. in the said County A Warrant to levy 5 li. upon the Collectors for neglecting to collect their Assessment To the Constable and Borsholders c. Kent ss WHereas complaint hath been made unto us this present day by A. B. of c. high Collector of the second and third quarterly payments of the Royal Aid granted to His Majesty That the severall Persons whose names are hereunder written being petty Collectors of the said two quarterly payments within your said Hundred have wilfully neglected and refused to pay unto the said A. B. the several summs of money charged upon them to collect and pay unto the said high Collector on the several days and times to them limited and appointed for the payment of the same notwithstanding several Warrants have been issued out unto them to make payment thereof as they would avoid the Penalties to be inflicted upon them by the Law for their non-payment thereof These are therefore in His Majestie 's name to command you that you some or one of you do immediately upon receipt hereof levy upon the
house or houses of any person or persons within the said Hundred other then such person or persons which have Free-Warren or is Lord of a Mannor or is such Freeholder which is seized in his own right or the right of his Wife of Lands Tenements or Hereditaments to the clear yearly value of forty pounds or more by the year over and above all charges and reprises of some estate of inheritance Or of Lands Tenements or Hereditaments in his own right or in the right of his Wife for term of life or lives of the yearly value of fourscore pounds over and above all charges and reprises Or which is worth in Goods or Chattels four hundred pounds suspected to have Setting-dogs or Nets for the taking of Pheasants and Partridges And that wheresoever you or any of you shall find any such Setting-dog or Nets the same you take carry away and detain kill destroy and cut in pieces as things prohibited by the Act aforesaid and forefeited to such of you as shall find out and take the same as aforesaid Hereof fail not at your perils Given under our hands and seals at M. in the said County the c. The like upon the Statute of 22 and 23 Caroli Secundi To the Constable and Borsholders of the Hundred of A. in the said County and to every of them Kent ss BY virtue of an Act of Parliament in that behalf lately made These are therefore in His Majestie 's name to authorize and command you and every of you in the day time to search the houses out-houses or other places of any person or persons within the said Hundred other then of such person as hath Lands and Tenements or some other estate of inheritance in his own or in his Wife 's right of the clear yearly value of one hundred pounds per annum or for term of life or which hath a Lease or Leases of ninety nine years or for any longer term of the clear yearly value of one hundred and fifty pounds or which is the Son and Heir apparent of an Esquire or other person of higher degree or which are Owners or Keepers of Forests Parks Chases or Warrens being Stocked with Deer or Conies for their necessary use in respect of the said Forests Parks Chases or Warrens as upon good ground shall be suspected to have or keep in his or their custody any Guns Bows Grey-hounds Setting-dogs Ferrets Cony-dogs or other Dogs to destroy Hares or Conies Hays Tramels or other Nets Low-bells Hare-pipes Snares or other Engines for the taking and killing of Conies Hares Pheasants Partridges or other Game and such Guns Bows Grey-hounds Setting-dogs Ferrets Cony-dogs or other such Dogs as aforesaid Hays Tramels or other Nets Low-bells Hare-pipes Snares or other Engines aforesaid as you or any of you shall so find to seize detain and keep to and for the use of the Lord of the Mannor or Royalty where the same shall be so found or taken or otherwise to cut in pieces or destroy as things by the said Act prohibited to be kept by persons of their degree And what you shall doe in the premisses you shall make known unto me with all convenient speed Hereof fail not at your perils Given under my hand and seal at c. A Mittimus against persons that refuse to enter into Recognizance to appear at Sessions for their keeping Ferrets and Nets to kill Conies To the Constables c. Kent ss FOrasmuch as A. B. and C. D. of E. in the County aforesaid being this present day brought before me by Warrant by the Constable of E. aforesaid and being examined did upon their examination confess that they had kept and used Nets and Ferrets for the taking and killing of Conies by the space of a year last past contrary to the Statute in that case made and provided And being required to enter into Recognizance for their appearance at the next general Quarter-Sessions of the Peace to be holden for the said County they did both refuse so to do These are therefore in His Majestie 's name straitly to charge and command you that you receive into your Custody the Bodies of the said A. B. and C. D. whom I send you by H. T. one of the Constables of E. aforesaid and them safely to keep untill they shall enter into such Recognizance as aforesaid or that they be otherwise discharged according to Law Hereof fail not at your perils Given under my hand and seal c. A Warrant for one that Hunts with Spannels in Ear'd Corn. To the Constables and Borsholders of the Hundred of c. K. ss FOrasmuch as complaint hath been made unto me That A. B. of your Town of C. Gent. did in September last past Hunt with his Spannels in the Ground of R. H. where Corn did then grow at which time the same Corn was Eared or Codded and Standing without the consent of the said R. H. then Owner of the same Ground contrary to the Statute in that case made and provided by which he hath forfeited forty shillings to the said R. H. the Owner of the said Ground These are therefore in His Majestie 's name to command you and every of you that some or one of you do warn him the said A. B. to come before us at T. the second day of Iune next to answer the premisses and to be then there your self with this Warrant Given under our hands and seals c. If he appear not then say to put in Sureties for his appearance at the next general Sessions of the Peace to be holden for this County to answer the said offence and pay the penalty And in case he refuse so to doe that then you some or one of you safely convey him to the Gaol of c. and him there deliver to the Keeper of the same together with this Precept Commanding also you the said Keeper to receive him into the said Gaol and him there safely to keep untill he shall find Sureties as aforesaid Given under my hand and seal c. Oaths The Oath which is usually ministred to a Iustice of the Peace in the several Counties of England YE shall Swear that as Justice of the Peace in the County of K. in all Articles in the King's Commission to you directed you shall doe equal right to the Poor and to the Rich after your cunning wit and power and after the Laws and Customs of this Realm and Statutes thereof made And ye shall not be of Council of any Quarrel hanging before you And that you hold your Sessions after the form of the Statutes thereof made And the Issues Fines and Amercements that shall happen to be made and all Forfeitures which shall fall before you ye shall cause to be entred without any concealment or imbeziling and truly send them to the King's Exchequer ye shall not lett for gift or other cause but well and truly you shall doe your Office of Justice
These are against the Statute of 16 Car. 2. Vide the Statute House of Correction If delivered of a Child in the House of Correction the Child must be sent to the Parish from which the Mother was sent A Rogue must not be sent to the House of Correction but whipped and sent to the place where last setled if known else to the place of birth But the House of Correction is for the Poor of the Parish that refuse to work Deer Heir shall have them in the Park and not Executor Waste cannot be assigned for killing Deer except he kill them all Drunkenness If twice drunk and convicted bound to Good behaviour Drunkard may be punished in Ecclesiastical Court or by justice of Peace Being a Drunkard cause to remove a Magistrate Gaol Every County hath two Gaols one for Debt which may be in any house where the Sheriff will The other is for the Peace and matters of the Crown which is the County Gaol Gaoler shall be answerable for Escapes and if not sufficient respondet superior If Gaol broken by Thieves Gaoler is chargeable otherwise if by Enemies High-way If inclose part of the High-way must maintain it though the Parish did it before To stop one way which was foul and lay out another without publick Authority not justifiable Cannot lay Logs in the High-way though there is sufficient room for Passengers beside it Justice may upon his view present want of repair of High-way and before the Fine can be taken off the presented must certify the Amendment Action for stopping or incroaching upon High-way not maintainable without particular damage for the usual way is by Indictment If to repair the High-way ratione tenurae it need not be prescribed but ratione residentiae must Indictment in High-way ad nocumentum prope inhabitantium naught it should have been omnium ibidem transeuntium Huy and Cry Statutes of 13 Edw. 1. and 27 Eliz. are concerning it The Party robbed ought to give convenient notice so soon as he can Though know the Robber yet shall have Action against the Hundred by 13 Edw. 1. The Party robbed is not bound to lend his Horse to pursue the Thief nor is he bound to goe and pursue the Thief presently Robbery after day-break and before Sun-rising Hundred must answer so that after Sun-set and before it is dark Oath of a Robbery before a Justice of the County though taken out of the County good Poor Assessment for them ought to be made according to the visible Estates of the Inhabitants there both real and personal But not for any Estate they have elsewhere The Occupiers of the Lands and not the Landlords are to be taxed The Grand-mother being of ability had a poor Grand-child reliev'd by the Parish who marrieth her Husband is liable towards keeping the Child for that his Wife was of ability when he married her otherwise if she had not been of ability And the Sessions must order what he shall contribute towards the charge Peace 1000 li. bond may be required for the Peace as the case may stand viz. if the Person be dangerous If he which is bound to the Peace break his Recognizance he may be indicted for it for it is a new Offence Bound to the Peace upon malice or for vexation may be discharged by the King 's Bench. Justice may take money to lie in deposito for security of the Peace and if break the Peace the money to be forfeited to the King Two Justices though neither of the Quorum may inquire of unlawfull Assemblies though they cannot determine the same Rogue Is not to be sent to the House of Correction but to be whipped and sent where last settled if known otherwise to the place of his birth But the House of Correction is properly for those that will not work If Inhabitants of the County goe with Wares to sell at Houses in that County they are Rogues Riot Fine upon Riotors cannot be less than 10 li. for the principal and four marks a-piece for the rest Information against two Justices for not inquiring of a Riot found against one of them good Stage-players may be indicted for Riot and unlawfull Assemblies Souldiers If Souldiers prest to serve the King depart out of the service it is Felony by 7 Hen. 7. 3 Hen. 8. and 2 Edw. 6. The Captain is he who is to command and the Conducter is he who is hired to guide the Souldiers in the way to their Captain and departing from him is Felony Justices of the Peace may try the Offence at their Sessions and so may Justices of Oyer and Terminer THE TABLE Alehouses A Licence to keep an Alehouse Page 1 Another Page 2 A Licence to Brew and keep an Alehouse Page 3 A Recognizance thereupon with Condition Page ibid. Another Recognizance for an Alehouse-keeper and Condition Page 4 5 A Warrant against an Inn-keeper Alehouse-keeper c. suffering to tipple Page 5 to levy money for tippling Page 6 A Mittimus for an Alehouse-keeper suffering to tipple●… fo●… 〈◊〉 of Distress Page 7 For an unlicensed Alehouse Page 9 The like upon the Statute 3 Car. the first Conviction Page 10 The like for the second Conviction Page 11 for the third Conviction Page 12 A Warrant for Witnesses against an unlicensed Alehouse-keeper Page 13 for suppression of an Alehouse for disorder Page 14 for renewing Licences of Alehouse-keepers Page ibid. against an Alehouse-keeper for selling less than measure Page 15 A Mittimus for selling less than measure for want of Distress Page 16 A Warrant for suppressing an Alehouse after suppression at the Quarter-sessions Page 18 A Licence to keep an Alehouse with Articles Page 19 The form of a Record that is returned of the Alehouses that are licensed and conditioned c. Page 377 Apprentices A Warrant to put out poor Children Apprentices Page 22 An Indenture for an Apprentice so put out Page 23 A Warrant against them which refuse to take Apprentices Page 25 against a Master for abusing his Apprentice Page 26 A Warrant against a disorderly Apprentice Page ibid. A Discharge of an Apprentice Page 27 A Warrant against one that departeth out of Service before his time expired Page ibid. Law-Cases thereon Page 383 Bail Recognizances for Bail Page 28 A Condition to prefer a Bill and give Evidence Page 29 A Condition to give Evidence Page 30 Bastards A Warrant for the apprehending and conveying the Woman to the House of Correction Page 32 A Mittimus of the Mother of a Bastard-child to the House of Correction Page 33 A Warrant against the Mother for the second Offence to commit to the House of Correction and find Sureties of Good behaviour Page 34 to convene the Mother and reputed Father Page ibid. against the reputed Father of a Bastard-child Page 36 An Order for Relief of the Parish touching a