2. Cap. 12. § 17. N. 1. Forfeiture Saving also to all and every person and persons and Heirs in Tail Bodies Politick and Corporate their Heirs § 15 N. 4. Successors and Executors and to every of them other than to such person and persons only as shall be attainted convicted or outlawed for any of the aforesaid Offences of Felony or Treason and their Heirs or the Heirs of any of them claiming by descent in Fee-simple from them or any of them all such Right Title Entry Interest Leases Possessions Rents Conditions Profits Commodities and Advantages as they or any of them hath or hereafter shall have or of right ought to have in or to any Honours Castles Mannors Lands Tenements Woods Rents Reversions Services or Hereditaments whatsoever or in or to any part or parcel thereof to be forfeited for any of the Offences aforesaid as if such attainder or Forfeiture had never been had ne made any thing in this Act to the contrary in any wise notwithstanding Corporation And Saving to every Body and Bodies Politick and Corporate § 15. N. 5. and their Successors their Liberties and Franchises in such manner and form as if this Act had never been had ne made 1 Mar. 1. St. 2. Cap. 12. § 18. N. 1. Days This Act to continue to the end of the next Parliament 1 Mar. 1. St. 2. § 15. N. 6. Cap. 12. § 23. N. 1. Pope And for better Execution of the same Act C. 10. § 4. N. 1. viz. of destroying Popish Books and Images be it Enacted c. that as well Iustices of Assize in their Circuits as Iustices of Peace within the limits of their Commission in the general Sessions shall have full Power and Authority to inquire of the Offences aforesaid and to hear and determin the same in such form as they may do in other such like Cases Religion And c. it is now further Enacted that if any person c. shall 5 6 Ed. 6. C. 1. § 6. N. 1. c. willingly or wittingly hear and be present at any other manner or form of Common-prayer or Administration of the Sacraments of making of Ministers in the Churches or of any other Rights contained in that Book anexed to this Act viz. 3 4 Ed. 6. Cap. 12. than is mentioned and set forth in the said Book or is contrary to the form of sundry Provisions c. 2 3 Ed. 6. Cap. 1. and shall be thereof convicted according to the Laws of this Realm before c. Iustices of Peace in their Sessions c by the Verdict of twelve men or by his or their own Confession or otherwise shall for the first Offence suffer Imprisonment of six Months c. C. 4. § 3. N. 1. And also it is Enacted c. that if any person Church c. shall malitiously strike any Person with any Weapon in any Church or Church-Yard or c. shall draw any Weapon in any Church or Church-Yard to the intent to strike another with the same Weapon that then every such person so offending and thereof being convicted by verdict of twelve men or by his own confession or by two lawful Witnesses before the Iustices of Assize Iustices of Oyer and Terminer or Iustices of Peace in their Sessions by force of this Act shall be adjudged by the same Iustices before whom such person shall be convicted to have one of his Ears cut off C. 14. § 10. N. 1. Be it also further Enacted c. that the Iustices of Peace in every County within this Realm or Wales at their Quarter Sessions Market Overt shall have full Power c. to inquire hear and determin all and every the Defaults and Offences perpetrated c. contrary to this Act viz. of Forestalling Regrating c. within the County where any such Sessions shall be kept by Inquisition Presentment Bill or Information before them exhibited and by Examination of two lawful Witnesses or by any of the same ways or means by the discretion of the said Iustices §. 10. N. 2. And to make Process thereupon as though they were Indicted before them Process by Inquisition or by Verdict of twelve men or more § 10. N. 3. And upon the Conviction of the Offender by Information or Suit of any other than the King Execution to make Extracts of the one Moity of the Forfeitures to be levyed to the Kings Vse as they use to do of other Fines Issues and Amercements grown in the Sessions of the Peace § 10. N. 4. And to award Execution of the other Moity for the Complainant or Informer against the Offender by Fieri fa. or Capias as the Kings Iustices at Westminster may do and use to do Forfeiture § 10. N. 5. And if any such Conviction or Attainder shall hereafter happen to be at the Kings Suit only that then the whole Forfeitures to be extracted and levyed to the Kings use only Indictment § 17 N. 1. Provided always that such Licence of Iustices of Peace Licence viz. of Drover c. shall not endure above one year unless the same be yearly renewed by so many Iustices Viz. three at the least C. 21. § 1. N. 3. And that viz. Tinkers Pedlers c. by Licence only to sell Market Overt c. in such Circuit or Compass as shall be to him c. assigned by two Iustices of the Peace or more of the Shire where he or they shall dwell by Writing under their Hands and Seals 1 Jac. 25. § 42. N. 1. § 1. N. 4. Vpon Pain that every person which shall offend Poor c. shall by any Iustice of Peace where the same shall be committed upon Complaint and due Proof had by Witness or otherwise be imprisoned by the space of fourteen days at the least C. 24. § 5. N. 1. And be it further Enacted c. that if the Mayor Recorder Drapery Steward or viz. two Iustices of the Peace of the said City viz. Norwich for the time being or any of them shall take any Sum of Mony or Reward for admitting of any person to occupy or use any of the Arts or Mysteries c. viz. of making Thrummed Hats Dornicks or Coverletts that for every such Time and every such Case the person so offending shall forfeit five Pounds c. Cap. 25. It is therefore Enacted c viz. for Increase of Disorders Ale c. that the Iustices of Peace within every Shire City Borough Town-Corporate Franchise or Liberty within this Realm or two of them at the least whereof one to be of the Quorum shall have full Power c. within every Shire c. where they be Iustices of Peace to remove discharge and put away common selling of Ale and Beer in the said common Ale houses and Tipling-houses in such Town c. and Places where
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
of Parliament have given and granted any Liberty and Authority or otherwise have Authority by other lawful means or ways to ordain make and constitute any of the said Officers of Custos Rotulorum within any County Palatine or other place Peace Cap. 5. shall and may have and enjoy the same Liberty and Authority according as they have had and enjoyed the same any thing in this present Act had or made to the contrary notwithstanding Treason Forasmuch as it is most necessary in a Common-wealth to provide that Tranquility and Peace may be continued in this Realm § 1. N. 2. and that all things being contrary thereto may by foresight be eschewed Therefore it is Ordained and Enacted by the King our Soverain Lord with the assent of the Lords and Commons of this present Parliament assembled and by Authority of the same that if any persons to the number of twelve or above being assembled together at any time after the twelfth day of February next coming shall intend go about practice or put in ure with force of Arms unlawfully and of their own Authority to murder kill slay take or imprison any of the Kings most honourable Privy-Counsel or unlawfully to alter or change any Laws made or established for Religion by Authority of Parliament or any other Laws or Statutes of this Realm or any of them the same number of twelve or above being commanded or required by the Sheriff of the Shire or by any Iustice of Peace of the same Shire or by the Mayor Sheriffs Iustices of Peace or Bailiffs of any City Borough or Town-Corporate where any such Assembly shall be unlawfully had or made by Proclamation in the Kings Name to retire and repair to their own Houses Habitations or Places from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continue together by the space of on whole hour after such Commandment or Request made by Proclamation or after that shall willingly in forcible and riotous manner attempt to do or put in ure any the things above specifyed that then as well every such abode and continuing together as every such Act or Offence that after such Proclamation Commandment or Request had or made shall be attempted to be done practiced or put in ure by any persons being of the number aforesaid shall be judged High-Treason in all and singular those persons that so shall make their abode or continue together or shall attempt or commit any such Act and the Offenders therein their Aiders Abetters and Procurers to be adjudged Traitors to the King and the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. Stat. 2. Cap. 12. § 2. N. 1. And furthermore be it Enacted Coron Ordained and Established by the Authority aforesaid that if any persons to the number of twelve or above after the said twelfth day of February shall intend go about practice or put in ure in manner and form aforesaid to overthrow cut break cast down or dig up the Pales Hedges Ditches or other Closure of any Parks Park or other Grounds or Ground Inclosed or the Banks of any Fish-Pond or Pool or any Conduits for Water Conduit-heads or Conduit-pipes having Course of Water to the intent that the same or any of them from thenceforth should remain open not inclosed or void or unlawfully to have Common or a Way in the said Parks Park or other Grounds or Ground inclosed or in any of them or to destroy the Deer in any manner of Parks or Park or any Warrens or Warren of Connies or any Dove-houses or any Fish in any Pond or Pool or to pull or cut down any Houses Barns Mills or Bays or to burn any Stacks of Corn or Grain or to abate defalk or diminish the Rents or yearly Value of any Manners Lands or Tenements or the Price of any Victual Corn or Grain or any other things usual for the sustenance of Men and being required or commanded by any Iustice of Peace or by the Sheriff of the County or by the Mayor Bailiff or Bailiffs or other Head-Officers of any Head-City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Kings Name to retire or return in peaceable manner to their Habitations Places and Houses from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continue together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall in forcible manner attempt to do or put in ure any of the things last before mentioned that then as well every such abode or continuing together as every such Act that after such Proclamation Commandment or Request had or made shall be done practiced or put in ure by any persons being above the number of twelve shall be adjudged Felony and the Offenders therein to be adjudged Felons and shall suffer Execution as in Case of Felony 1 Mar. 1. St. 2. Cap. 12. § 2. N. 1. § 2. N. 2. And every of the same persons Clergy to lose the Benefit of his Clergy and Sanctuary § 3. N. 1. And also it is Ordained and Enacted by the Authority abovesaid Riot that if any person or persons after the twelfth day of February unlawfully and without Authority by ringing of any Bell or Bells sounding of any Drum Trumpet Hornor other Instrument whatsoever or by firing of any Beacon or by malicious speaking or uttering of any words or making any out-cry or by setting up or casting any Bills Bill or Writing whatsoevever or by any other deed or act shall raise or cause to be raised or assembled any persons to the number of twelve or above to the intent that the same persons should commit and put in ure any of the acts or things above mentioned and that the persons to the number of twelve or above so raised and assembled after Commandment had or given in form aforesaid shall make their abode or continue together as is aforesaid or unlawfully perpetrate do commit or put in ure any of the acts or things abovesaid that then all and singular persons by whose Speaking Deed Act or any other the means above specified any persons to the number of twelve or above shall be raised or assembled for the doing committing or putting in ure any of the acts or things above mentioned shall be adjudged for his so speaking or doing a Felon and shall suffer Execution of Death as in Case of Felony 1 Mar. 1. St. 2. C. 12. §3 N. 1. § 3. N. 2. And shall lose his Benefit and Sanctuary and Clergy Clergy § 4. N. 1. And over that it is Ordained and Enacted by the Authority aforesaid Treason that if any persons to the number of forty and above after the said twelfth day of February shall be assembled
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
have done before the same as in the said Act more plainly appeareth § 1 N. 2. Sithence the making of which Act viz. 1 Ed. 6. 7. § 4. N. 1. Sheriffs divers persons being in the Commission of the Peace in one County have been made Sheriffs of the same County and have exercised either of the said Offices which seemeth not to be convenient § 2. N. 1. Wherefore be it Enacted Abatement c. that no manner of person or persons having using or exercising the Office of the Sheriff of any County or Counties shall use or exercise the Office of Iustice of Peace by force of any Commission or otherwise in any County or Counties where he or they shall be Sheriff during the time only that he or they shall use or exercise the said Office of Sheriff-wick any thing in the said former Act viz. 1 Ed. 6. 7. § 4. N. 1. to the contrary in any wise notwithstanding § 2. N. 2. And that all and every act and acts to be done by any such Sheriff and Sheriffs Sheriff by Authority of any Commission of the Peace during the time abovesaid shall be void and of none effect the said former Act viz. 1 Ed. 6. 7. § 4. N. 1. notwithstanding Cap. 12. Forasmuch as it is most necessary in a Common-wealth to provide that Tranquility and Peace may be continued in the Realm Peace and that all things being contrary thereunto may by foresight be eschued 3 4 Ed. 6. 5. § 1. N. 2. Therefore it is Ordained and Enacted Riot c. that if any persons to the number of twelve or above being assembled together at any time after the twentieth day of December next coming shall intend go about practice or put in ure with force of Arms unlawfully and of their own Authority to alter or change any Laws made or established by Authority of Parliament which shall stand in force after the said twentieth day of December or any other Laws or Statutes of this Realm or any of them the same number of twelve or above being commanded or requested by the Sheriff of the Shire or by any Iustice of Peace of the same Shire or by the Mayor Sheriff Iustices of Peace or Bailiff of any City Borough or Town-Corporate where any such Assembly shall be unlawfully had or made by Proclamation in the Queens Name to retire and repair to their own Houses Habitations or Places from whence they came and they or any of them notwithstanding such Proclamation shall remain and make their abode or commune together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall willingly in forcible and riotous manner attempt to do or put in ure any of the things above specified that then as well every such abode or continuing together as every such act or offence that after such Commandment or Request by Proclamation had or made shall be attempted to be done practised or put in ure by any persons being of the number aforesaid shall be adjudged Felony in all and singular those persons that so shall make their abode or continue together or shall attempt or commit any such act and the Offenders therein to be adjudged Felons and shall suffer only execution of Death as in Case of Felony 3 4 Ed. 6. 5. § 1. N. 2. Coron And furthermore it is Enacted § 2. N. 1. Ordained and Established by Authority aforesaid that if any persons to the said number of twelve or above after the said twentieth day of December shall intend go about practice or put in ure in manner and form aforesaid to overthrow cut break cast down or dig up the Pales Hedges Ditches or other Inclosure of any Parks Park or other Ground or Grounds inclosed or the Banks of any Fish-Pond or Pool or any Conduits of water Conduit-heads or Conduit-pipes having course of water to the intent that the same or any of them from henceforth should remain open and unclosed or void or unlawfully to have Common or Way in the said Parks or Park or other Grounds or Ground inclosed or any of them or to destroy in manner and form aforesaid the Deer of any manner of Parks or Park or any Warrens or Warren of Conies or any Dove-houses or any Fish in any Fish-Pond or Pool or to pull or cut down any Houses Barns Mills or Bays or to burn any Stacks of Corn or Grain or to abate defalk or diminish the Rents or yearly Value of any Mannors Lands or Tenements or the Price of any Victual Corn or Grain or any other thing usual for the Sustenance of Men and being required or commanded by any Iustice of Peace or by the Sheriff of the County or by the Mayor Bailiff or Bailiffs or other Head-Officers of any City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Queens Name to retire or return in Peaceable manner to their Habitations Places and Houses from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continuance together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall in forcible manner do or put in ure any of the things last before mentioned that then as well every such abode and continuing together as every such act that after such Commandment or Request by Proclamation had or made shall be done practised or put in ure by any persons being above the number of twelve shall be adjudged Felony and the Offenders therein to be adjudged Felons and shall suffer only the Execution of Death as in Case of Felony 3 4 Ed. 6. 5. § 2. N. 1. c. Notice Provided always and be it Enacted c. that if any person or persons § 15. N. 1. do or shall molest let hinder or hurt any person or persons that shall proclaim or go to proclaim according to the Proclamation and Order made in the Statute aforesaid whereby such Proclamation shall not be made that then all and every such person and persons so molesting letting hindring or hurting and having knowledge of his Message shall incur and be in such Danger and suffer such Pain or Pains and Forfeitures as the persons assembled to whom the Proclamation should have been made should by this Act incur for not obeying the Proclamation if it had been made or for doing after the Proclamation of any the things before in this Act expressed 3 4 Ed. 6. 5. § 15. N. 1. § 15. N. 2. And that also all and every such person and persons being assembled to the number aforesaid to attempt or do any of the things aforesaid Forfeiture to whom Proclamation should or ought to have been made if the same had not been setted as is aforesaid shall likewise in case they do afterwards commit put in
due Imployment of such Charitable Gifts according to the true intent and meaning of the Donors thereof except Gifts to the aforesaid Vses made in any Colledge Hall Frée-School or Hospital which have Visitors of their own and also to Hear and Determine all Offences Defaults and Defects in Surveyors or others concerning the Premisses Error Provided that if any Person be agrieved with such Order §. 15. N. 1. they shall have Liberty to appeal to the Court of Chancery as in the Case of a Decrée made upon the Statute viz. 43 Eliz. 4. of Charitable Vses Certiorari And be it further Enacted c. That § 16. N. 1. c. no Certiorari shall be allowed to remove any Information Indictment Presentment Order or other Procéedings in the Quarter Sessions of for or concerning any matter or thing in this Act unless the Party or Parties against whom any such Information Indictment Presentment Order or other Proceeding shall be had by Vertue of this Act shall before the Allowance of such Certioraries become bound to the Person or Persons prosecuting in the Sum of xl l. with sufficient Sureties as the Iustices of Peace at their said Quarter Sessions of the Peace shall think fit with Condition to pay unto the said prosecutors within one month after the Conviction of such parties Indicted their full Costs and Damages to be ascertained upon their Oaths and that in default thereof it shall be lawful for the said Iustices to proceed to Tryal of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding C. 7. § 7. N. 1. And be it further Enacted c. That it shall and may be lawful Leather to and for the Masters and Wardens of the Cordwainers Sadlers Girdlers and Curriers of the City of London c. and to and for all Iustices of the Peace Mayors and Chief Officecs of Corporations within this Realm c. Wales c. as well by Land as by Water to search for and seize any Leather or raw Hides wrought or unwrought cut or uncut packed up or unpacked intended or purposed to be Transported by any person c. Into any parts beyond the Sea or into Holland other then Calves skins and Shéep skins c. C. 9. § 2. N. 6. And the said two Iustices viz. next Parish of Poor and maimed Officer in the late Wars c. upon the Examination of the truth of such Certificate Poor viz. of Captain or Commission Officer c. which the said two Iustices are hereby Impowered to take upon Oath of the Party and of such Witnesses as he shall produce shall by Warrant unto the Treasurer Assign him relief until the next Quarter Sessions to be holden for that County or Liberty at which time a yearly Pension shall be by the said Iustices or the major part of them granted in manner and form and with power of Revocation or Alteration as by the said Statute viz. 43 Eliz. 3. § N. is further declared and directed C. 10. § 4. N. 1. And be it further Enacted c. that the several Constables and other Officers Taxes who are hereby Authorized to take the Account of the aforesaid Hearths Stoves within their particular Limits as aforesaid shall at the next Quarter Sessions after the last day of May to be holden for their respective Counties deliver all such Accounts in Writing as they shall receive reform or take by their own view unto the Iustices of the Peace in their respective Quarter Sessions of the said Counties together with a true note of the Names of all such Persons who shall refuse or neglect to give unto them an account under their Hands of such Hearths and Stoves within their respective Houses Edifices Chambers and Lodgings as aforesaid § 5. N. 1. And be it further Enacted That the said Iustices of the Peace shall cause all the said Accounts of the several Hearths and Stoves Account within the respective Counties to be Inrolled by the Clerk of the Peace of the said respective Counties Ridings in York-Shire and Divisions in Lincolnshire and also a Duplicate thereof in parchment under the Hands and Seals of thrée or more of the Iustices of Peace of the respective Counties and Places aforesaid who are hereby required to sign the Sum to be returned into His Majesties Court of Exchequer within one month next after such Account delivered unto them at their respective Quarter Sessions aforesaid N. 2. Vpon pain that the Clerk of the Peace of every such County Riding Forfeiture or Division respectively offending therein shall forfeit to his Majesty his Heirs and Successors the Sum of two Hundred pounds for the first month and for the second month he shall so neglect every such Clerk of the Peace shall forfeit and lose his or their Place and Office and the same shall become void accordingly c. § 18. N. 1. Provided always and be it hereby Enacted Poor That if the Church-wardens and Overséers of the Poor of the Parish together with the Minister of the same or any two of them whereof the Minister to be one shall in Writing under their Hands yearly Certifie their belief that the House wherein any Person doth Inhabit is not of greater value then of twenty shillings per Annum upon the full Improved Rent and that neither the Person so Inhabiting nor any other using the same Messuage hath useth or occupieth any Lands or Tenements of their own or others of the yearly value xx s. per Annum nor hath any Lands Tenements Goods or Chattels of the value of Ten pounds in their own possession or in the possession of any other in trust for them that then in such Case upon such Certificate made by the two next Iustices of the Peace and allowed for which Certificate and Allowance no fée shall be paid the person on whose behalf such Certificate is made c. shall not be returned by the Constable or other Officer and the said house is hereby for that year discharged of and from all the Duties by this Act Imposed Merchants Be it Enacted c. That where any Officer C. 11. § 6. N. 5. c. viz. in Execution of this Act against concealing of Customes c. shall be by any person c. Armed with Club or any manner of Weapon forcibly hindered afronted abused beaten or wounded c. either on Board any Ship or Vessel or upon the Land or Water in the due execution of their Office all and every person c. so refusing afronting abusing beating or wounding the said Officer c. or their Deputies or such as shall act in their Aid or Assistance shall by the next Iustice of Peace or other Magistrate be committed to Prison there to remain till the next Quarter Sessions Process And the Iustices of Peace of the said Quarter Sessions N. 6. shall and are hereby Impowered
want of Distress to be inflicted as in and by the said former Act viz. 16. 17. Car. 2. 19. § 3. N. 1. is directed by the Warrant or Order of any one or more of his Majesties Iustices of Peace within the County City or place where such Offence shall be Committed which said Iustices respectively are hereby required and enabled to sée this Statute duely Executed Forfeiture Viz. if Mayor or Head Officer knowingly permit Sale by false Measures § 3. N. 4. or reform not on Complaint c. then he or they so offending for every such Offence upon due Proof and Conviction thereof by Presentment or Indictment before the Iustices of Peace of the County where such Offence shall be Committed at the General Sessions c. held for the same shall forfeit the Sum of Five pounds Wayes And every Constable or Surveyer of the High-wayes refusing or neglecting to put the said Acts viz. heretofore made in Execution C. 12. § 1. N. 3. or wilfully fuffering any Waggons or Carts to pass through his respective Limits with any more Horses or other Cattle or in other manner then by this Act is allowed shall upon Complaint thereof made to any Iustice of the Peace of the Place or Division where such neglect shall be proved to be done by the Oath of any one Credible Witness which Oath such Iustice is hereby Impowered to Administer or upon view of the Iustice himself be thereof Convicted Amercement And shall incur such Fine as the same Iustice shall think fit to Impose on such Officer not excéeding the Sum of xl s. for any one Offence N. 4. the same Fine to be Levied by the High Constable of such Place or Division or any other Officer by Warrant under the Hand and Seal of such Iustice of the Peace upon the Goods and Chattels of the Person so offending rendring the overplus to the owner thereof all necessary Charges in Levying the same being first deducted to be Imployed for the Amending of the High-wayes of the Parish or Place where such neglect shall be found as the said Iustice or Iustices shall appoint for the doing thereof § 2. N. 2. And that the Iustices of Peace in their open Sessions shall and may enquire by such wayes and means as they think fitting Justices into the value of all such Lands so given or to be given and order the Improvement and Imployment of the Rents and profits thereof according to the Will and direction of the Donor of such Lands if they find that the Persons so intrusted have béen negligent or faulty in the performance of their Trust except such Lands as have béen given to the uses aforesaid to any Colledge or Hall in either of the Vniversities of this Kingdom which have visitors of their own any Law c. notwithstanding § 3. N. 3. And in Case he viz. the rescuer or resister c. do not pay the said Sum viz. xl s. within seven dayes after notice of such Conviction Forfeiture that it shall and may be lawful for any Iustice of the Peace where any such opposition or rescue shall be made to Commit such Person c. to the Common Goal of the County where such Offence shall be Committed there to remain until the said Forfeiture shall be paid to the Surveyor c. of the Highwayes for that Parish where the Offence was Committed c. § 5. N. 2. And that where any Ground shall lye at the end of any of the said Streets or Lanes Wayes or any other place of which there may be a dispute who ought to Pave or Amend the same that in such Cases the Iustices of Peace for the said Places respectively shall have hereby full power and authority in their Quarter-Sessions to order and determine the same which order c. shall be binding to all Persons whatsoever therein concerned any Law c. notwithstanding § 9. N. 1. Provided also and it is further Enacted c. That if any Person Forfeiture c. shall fail or make default to make their respective dayes labour in every year for and towards the Repairing of the Highwayes or neglect to send their respective Carriages Horses and Carts according as by Law they are respectively required it shall and may be Lawful for the Surveyor c. of every Parish and they are hereby required to make Complaint thereof to the next Iustices of the Peace who are hereby authorized and required upon proof of any such default or neglect made before them by the Oath of one Credible Witness which Oath they are hereby Impowered to Administer to Levy by Distress and Sale of the Goods of every Person failing or neglecting as aforesaid and not having a reasonable Excuse to be allowed by the said Iustices the several Penalties hereafter mentioned c. § 10. N. 1. And be it further Enacted c. That where the Iustices of the Peace of any County City or other Place Taxes or the major part of them at their General-Quarter-Sessions shall be fully satisfied that the Common Highways Causeys or Bridges within any Parish Township or Hamlet within their respective Iurisdiction may not or will not be sufficiently Amended Repaired and Supported by means of the Laws now in force without the help of this present Act in all such Cases one or more Assessment c. upon all and every the Inhabitants Owners and Occupiers of Lands Houses Tenements and Hereditaments or any personal Estate usually ratable to the Poor within any such Parish Township or Hamlet shall be made Levied Collected and Allowed by such Person c. and in such manner as the said Iustices by their order at such Sessions shall direct and appoint in that behalf § 12. N. 3. And the said Surveyors and Orderers viz. of Highwayes shall make return of the Defaulters and every of them Certificate within one Month after every default made to some neighbouring Iustice of the Peace of the same County and the said Iustice shall present the same at the Quarter-Sessions of the Peace-held next after such return made unto him § 13. N. 2. Therefore viz. Because of great Rivers in Cheshire and Lancashire Be it further Enacted c. That for Ten years next following and no longer Sewers the respective Iustices of the Peace within the said respective Counties shall upon the Presentment of the Grand Iury at their respective and General Quarter-Sessions have Power and Authority by Order or Warrant under the Hands and Seals of all or the major part of the said Iustices being six at the least then Present to cause to be Erected and Builded any new Bridge or Bridges in such Place c. in any of the said Highwayes over any of the said Rivers within their respective Iurisdictions as they shall Iudge fit and necessary and so declare by such Order as aforesaid and likewise to repair or rebuild
make their said Account within eight days then the Bishop of the Diocess or Ordinary shall have Authority by Virtue of this Act to compel the said person or persons by Censures of the Church to make their said Accounts before such persons as the said Bishop or Ordinary shall appoint Charity CCXXIV. 5 6 Ed. 6. 2. § 5. N. 1. And be it further Enacted c. that if any person or persons being able to further the charitable Work do obstinately and frowardly refuse to give towards the help of the Poor or do wilfully discourage others from so charitable a deed the Parson Vicar or Curate and Church-wardens of the Parish where he dwelleth shall gently exhort him or them towards the releif of the Poor Ordinary CCXXV. 5 6 Ed. 6. 2. § 5. N. 2. And if he or they will not so be perswaded then upon the Certificate of the Parson Vicar or Curate of the Parish to the Bishop of the Diocess the same Bishop shall send for him or them to induce and perswade him or them by Charitable waies and means and so according to his discretion to take order for the reformation thereof 5 Eliz. 3. § 7. N. 3. CCXXVI 5 6 Ed. 6. 2. § 6. N. 1. And for the better maintenance of this Charitable work ordained Abbe c. that whereas the late King of Famous Memory King Henry the eighth by his several Erections and foundations hath ordained and appointed any summ or summs of Mony to the use of the poor not being taken away otherwise by Act of Parliament whether the same be in any Cathedral-Church Colledge or elsewhere the Bishop of the Dioces for the time being shall from time to time Examine how and after what manner the mony is bestowed and to call to account the Parties which retain the said mony so that it may appear the same is distributed to the Poor according to the Kings Majesties foundation CCXXVII 5 6 Ed. 6. 2. § 9. N. 1. Provided always and be it further Enacted c. that this present Act nor any thing therein contained Franchis shall extend or be prejudical unto the Mayor Sheriffs and Citizens of the City of Chester for or concerning any gift or Grant of any Annuity or yearly rent heretofore made given or granted by the Kings Majesty that now is unto the said Mayor Sheriffs and Citizens of the said City going out of any Manners Lands Tenements and Hereditaments of the Cathedral-Church of Christ and our Lady within the City of Chester but that the same Mayor Sheriffs and Citizens shall and may from henceforth receive use and imploy the same Annuities yearly rents and profits to such uses and intents and according to the said gift of our said Soveraign Lord the King any thing in this act to the contrary notwithstanding CCXXVII 5 6 Ed. 6. 2. § 7. N. 2. This Act to endure to the end of the first Session of the next Parliament Continuance 7 Ed. 6. 11. § 11. N. 4. CCXXIX 5 6 Ed. 6. 21. Forasmuch as it is evident that Tinkers Trades Pedlers and such like Vagrant persons are more hurtful than necessary to the Common wealth of this Realm 1 Jac. 25. § 47. N. 2. 14 Eliz. 5. § 5. N. 5. CCXXX 5 6 Ed. 6. 21. § 1. N. 2. Be it Enacted c. that License c. no person or persons commonly called Pedler Tinker or petty Chapman shall wander and go from one Town to another or from place to place out of the Town Parish or Village where such persons shall dwell and sell pins points laces gloves knives glasses tapes or any such kind of wares whatsoever or gather cunny-skins or such like thing or use or exercise the trade or occupation of a Tinker but only such persons c. as shall be thereunto Licensed 1 Jac. 25. § 42. N. 1. CCXXXI 5 6 Ed. 6. 21. § 1. N. 3. And that in such Circuit or compass as shall be to him or them Assigned by two Justices of Peace Justices or more of the Shire where he or they shall dwell by writing under their hands and seals CCXXXII 5 6 Ed. 6. 21. § 1. N. 4. Upon pain that every person Justices which shall offend contrary to the meaning of this Act shall by any Justice of the Shire where the same offence shall be committed upon complaint and due proof had by witness or otherwise be imprisoned by the space of fourteen days at the least CCXXXIII 2 3 Ph. Mar. 5. § 2. N. 1. Be it Enacted Continuance c. that the Statute c. viz. 22 H. 8. 12. and also the Statute c. viz. 3 4 Ed. 6. 16. concerning Beggers Vagabonds and Idle persons and every Article Clause Branch Sentence and other things contained in them and in either of them other than such things as shall be by this present Act otherwise ordained and provided for shall stand remain and be in their full force and effect and shall also from henceforth justly and truly be put in Execution according to the true meaning of the said several Statutes and either of them Records CCXXXIV 2 3 Ph. Mar. 5. § 3. N. 1. And further be it Enacted c. that yearly on some one Holyday in the Christmas in every City Borough and Town-Corporate the Mayor Bailiffs and other Head-Officers for the time being and in every other Parish of the County the Parson Vicar or Curate and the Church-wardens having in a Register or book as well all the Names of the Inhabitants and Householders and also the Names of all such Impotent Aged and Needy persons as being within their City Borough Town-Corporate or Parish are not able to live of themselves or with their own labor shall openly in the Church and quietly after Divine service call the said Householders and Inhabitants together 5 6 Ed. 6. 2. § 2. N. 1. Certificate CCXXXV 2 3 Ph. Mar. 5. § 7. N. 1. And be it further Enacted c. if it shall chance any Parish to have in it more Poor and Impotent folks not able to labor than the said Parish is able to relieve that then in every such not standing in any City or Town-Corporate the Mayor or Chief-Officers of the same City or Town-Corporate calling to them two or three of the Chief Parishioners of the same Parish such as the said Mayor or Head-Officer shall think meet shall certifie unto the Justices of Peace of the County where the same Parish is the Number and Names of the persons with which they be surcharged License CCXXXVI 2 3 Ph. Mar. 5. § 7. N. 2. And upon such Certificate the said Justices of Peace in the same County or two of them whereof one to be of the Quorum shall consider and Examine the said Certificate and finding the same true shall then grant unto such and
Steward of any Lord be Assigned in any of the said Commissions 13 Ric. 2. Cap. 7. Ability § 1. N. 7. And that no Association shall be made to the Iustices of the Peace after their first Commission Joynder § 1. N. 8. And it is not the Intent of this Statute Appearance that the Iustices of the one Bench or of the other nor the Serjeants of the Law in case that they shall be named in the said Commissions shall be bound by force of this Statute to hold the said Sessions four times in the year as the other Commissioners the which be Continually dwelling in the County but that they shall do it when they may best attend it 13 Ric. 2. Ca. 7. Whereas it is Contained in the Last Statute made at Canterbury viz. 12 Rich. 2. Cap. 10. § 1. N. 6. Ability that no Steward of any Lord shall be Assigned in the Commission of the Iustices of Peace nevertheless for certain causes shewed in this Parliament it is accorded and assented that Iustices of the Peace shall be made of new in all the Counties of England of the most sufficient Knights Esquires and Gentlemen of the Law of the said Counties notwithstanding the said Statute 18 H. 6. Cap. 12. § 1. N. 2. And that the said Iustices be Sworn duly Justices and without favour to keep and put in Execution all the Statutes and Ordinances touching their Office Cap. 8. Item Victuals It is ordained c. that the Statutes and Ordinances made in the last Parliament holden at Canterbury viz. 12 Ric. 2. Cap. 3. 4. 5. 6. 7. 8. 9. as well of Servants Labourors Artificers and Victualers as of all other things saving the Exception viz. 12 R. 2. Cap. 10. § 1. N. 6. in the next Article before viz. 13 Rich. 2. Cap. 7. touching Iustices of Peace c. shall be firmly kept and duly executed Coron But forasmuch as a man cannot put the price of Corn § 1. N. 2. and other Victuals in certain it is Accorded c. that the Iustices of Peace in every County in two of their Sessions to be holden betwixt the Feast of Easter and St. Michael shall make Proclamation by their discretion according to the Dearth of Victuals how much every Mason Carpenter Tyler and other Craftsmen Workmen and other Labourers by the day as well in Harvest as in other times of the year after their degree shall take by the day with meat and drink or without meat and drink between the two Sessions beforesaid notwithstanding the Statutes viz. 23 Ed. 3. Cap. 6. and 12 R. 2. Cap. 4. thereof heretofore made and that every man obey to such Proclamations from time to time as a thing done by Statute Fees And in the Right of Victualers it is Accorded § 1. N. 3. that they shall have reasonable gains according to the Discretion and Limitation of the Iustices and no more upon pain to be grievously punished according to the Discretion of the said Iustices where no Pain is limited in certain before this time Drapery And that the Workers Weavers and Fullers C. 11. § 1. N. 3. viz of plain Cloaths of Somerset c. shall put their Seals to every Cloath that they shall work upon a certain Pain to be limited by the Iustices of the Peace c. Forest And that the Iustices of Peace have Power to Enquire C. 13. § 1. N. 4 viz. of Lay-men that have not forty shillings a year and Clerks not advanced to ten pound a year that Hunt or keep Dogs Nets c. and shall enquire of the Offenders in this behalf and punish them by the Pain aforesaid viz. Imprisonment a year Justices Item that in eyery County be Assigned eight Iustices of Peace 14 R. 2 C. 11 as is contained in the Statute of Canterbury viz. 12 Ric. 2. Cap. 10. besides the Lords Assigned in this Parliament Records And that the Estreats of the said Iustices be doubled § 1. N. 2. and the one part delivered by the said Iustices to the Sheriff to Leavy the mony thereof rising and thereof to pay to the Iustices their Wages by the hand of Sheriff by Indenture betwixt them therereof to be made Sheriffs And that the Sheriffs have allowance in their account in the Exchequer § 1. N. 3. by the same Indenture Dignity And that no Duke Earl Baron or Baronet § 1. N. 4. albeit they be Assigned Iustices of the Peace and hold their Sessions with the other Eight shall take any wages for the said Office Justices And that the Iustices put their names in the same Estreats § 1. N. 5. together with the number of the days of their Session to the intent that the Sheriffs may know to whom to pay Wages and to whom not and the Barons of the Exchequer to whom to allow and to whom not Seals And that the Seals be made for the Servants § 1. N. 6. and delivered to the keeping of some good man of the Country after the Puport of the said Statute of Canterbury viz. 12 R. 2. Cap. 11. N. 4. Measures Which Statute viz. 12 R. 2. Cap. 10. § 1. N. 7. with the notification of the same made at the last Parliament viz. 13 R. 2. Cap. 7 and the Statute of Weights and Measures And all other good Statutes and Ordinances made heretofore and not repealed shall be holden and kept and put in due Execution Force Item It is Accorded and Assented that the Ordinances and Statutes 15 R. 2. C. 2. made and not repealed of them that make Entries with strong-hand into Lands and Tenements or other Possessions whatsoever and them hold with force and also of these that make Insurrections or great Ridings Riots Routs or Assemblies in Disturbance of the Peace or of the Common-Law or in affray of the People shall be holden and kept and fully executed 8 H. 6. Cap. 9. Proces Ioyned to the same that at all times § 1. N. 2. that such forcible entry shall be made and Complaint thereof cometh to the Iustices of Peace or to any of them that the same Iustices or Iustice take sufficient Power of the County and also the Place where such force is made 13. H. 4. Cap. 7. 8 H. 6. Cap. 9. N. 2. § 1. N. 3 And if they find any that hold such Place forcibly after such entry made Imprisonment they shall be taken and put in the next Gaol there to abide Convict by the record of the same Iustices or Iustice until they have made Fine and Ransome to the King 18 H. 6. Cap. 9. § 1. N. 3. § 1. N. 4. And that all the People of the County as well the Sheriff as others Process shall be attendant upon the same Iustices to go and assist the same Iustices to Arrest such Offenders upon Pain of
for the party Complainant as of the Default or Defaults of the said Iustices Sheriff or under Sheriff in this behalf supposed to be directed to sufficient and indifferent persons at the nomination and by the direction of the Chancellor of the Realm of England § 1. N. 9. And that the said Commissioners presently shall return into the Chancery the Enquests and matters before them Return in this behalf taken and found § 1. N. 10. And moreover that the Coroners of the same County for the time being Enquest in which Country such Riot Assembly and Rout shall be made shall make the Pannel upon the said Commission returnable for the time that the Sheriff so supposed in default shall continue in his Office Enquest Which Coroners shall return no persons § 1. N. 11. but only such which have Lands Tenements or Rents to the value of ten pounds by the year at least Coron And also that the same Coroners shall return upon every of the said persons impanelled at the first day when Issues be to be left 20 s. at least § 1. N. 12. and at the second day 40 s. at least and at the third day 100 s at least and at every day after the double at the least which Issues so returned in respect of nonappearances of such persons Impanelled shall be adjudged as forfeit to the King and Lyable to his use Return And if default be found in the said Coroners § 1. N. 13. touching the returne of such persons to be Impanelled or touching the return of such Issues as afore is said that every of them shall forfeit to the Kings use Forty pounds Sheriff And if it happen the said Sheriff so reputed in default § 1. N. 14. be discharged of his Office at the time that such Commission shall be awarded out of the Chancery that then the new Sheriff of the same County his Successor mediat or immediat for the time being and not the Coroners of the same County shall make the Pannel upon this Commission retornable in manner and form as the said Coroners should do in time when the Sheriff so reputed in default Continued in his Office Sheriff And that the same new Sheriff § 1. N. 15. shall incur like pain of Forty pounds to the King if any default in him be found touching the returne of other person by him Impannelled which have not Lands Tenements or Rents to the valve of Ten pounds by the Year or of returning such Issues which the Coroners be above charged to return as the said Coroners are to lose to the King in this behalf Chancery And that the Chancellour of England § 1. N. 16. for the time being as soon as he may have knowledge of such Riot Assembly or Rout shall cause to be sent the Kings Writ to the Iustices of the Peace and to the Sheriff or under Sheriff of the County where they be so made that they shall put the Statute viz. 13 H. 4. Cap. 7. in Execution upon the pain Contained in the same Execution And though that such Writ come not to the said Iustices § 1. N. 17. Sheriff or under Sheriff they shall not be excused of the pain aforesaid if they make not Execution of the said Statute viz. 13. H. 4. Cap. 7. Fees Provided alwayes that the said Iustices § 2. N. 1. and other Officers aforesaid shall execute their offices aforesaid at the Kings costs in going and Continuing in doing their said Offices by payment thereof to be made by the Sheriff of the same County for the time being by Indenture betwixt the Sheriff and the said Iustices and other Officers aforesaid to be made of the payment aforesaid whereof the said Sheriff upon his account in the Exchequer may have due allowance Riot And that such Rioters attainted of great and hainous Riots shall have one whole years Imprisonment at the least without being let out of Prison by Bayl Mainprise or in other manner § 2. N. 2. during the year aforesaid Imprisonment And that the Rioters attainted of pety Riots § 2. N. 3. shall have Imprisonment as best shall seem meet to the King or to his Counsel Americament And that the Fines of such Rioters attainted § 2. N. 4. shall be by the said Iustices increased and put to greater sums then they were wont to be put in such cases before the time in aid and Supportation of the Iustices and other Officers aforesaid in this behalf Process And that the Kings Leige people being sufficient to Travel in the County where such Routs Assemblies or Riots be § 2. N. 5. shall be Assistant to the Iustices Commissioners and Sheriff or under Sheriff in aid to resist such Riots Routs and Assemblies upon pain of Imprisonment and to make Fine and Ransom to the King Franchise And that the Bayliffs of Franchises shall cause to be Impannelled sufficient persons as before § 2. N. 6. upon pain to loose to the King Forty pounds in case that such sufficient persons may be found within the same Franchises § 2. N. 7. And that like Ordinances and payments shall hold place and take effect in Cities Burroughs and other places and Towns Corporation Infranchised which have Iustices of the Peace within the Cities Burroughs Towns and other places aforesaid § 2. N. 8. And that this Statute shall begin to hold place presently after the Proclamation thereof made Dayes Cap. 9. § 2. N. 1. Provided alwayes that the suggestions of such Riots viz. by persons fled to places unknown be testified to the Chancellor of England Riot by Letters sealed under the Seals of two Iustices of Peace at the least and the Sheriff of the County where such Riots shall be made before that the Writ of Capias be granted 8 H. 6. Cap. 14. § 2. N. 1. 2 H. 5. St. 2. p. 217. Our Lord the King at his Parliament holden at Westminster the Monday next after the Utas of St. Martin the second year of his Reign Parliament by the Advice and Assent of the Lords Spiritual and Temporal and at the special Instance and request of the Commons of his Realm then there Assembled hath ordained and established divers Ordinances and Statutes in the manner and form as followeth Cap. 1. First Justices that the Iustices of the Peace from henceforth to be made within the Counties of England shall be made of most sufficient persons dwelling in the same Counties by the advice of the Chancellor and of the Kings Counsel without taking other persons dwelling in Forraign Counties to execute such Office except the Lords and the Iustices of Assises now named and to be named by the King and his Counsel and except all the Kings cheif Stewards of the Lands and Seigniories of the Dutchy of Lancaster in the North parts and in the
South for the time being 3 H. 5. St. 2. C. 7. § 1. N. 3. And that the Iustices of Peace through the Realm Mony shall have power by the Kings Commissions to enquire of all such matters viz. as well of Counterfeiting and of bringing of false mony into the Realm as of clipping washing and every other Falsity of the said mony and thereupon make Process by Capias only against these which before them shall be thereof Indicted 8 H. 5. C. 3. § 1 N. 4 And the Iustices of Peace shall have power to enquire thereof Mettle viz. of Guilding or Silvering of Mettles c. and that to determin Statuta Hen. 6. 2 H. 6. Cap. 8. § 2. N. 2. AND that the Iustices of Peace within the Counties Ireland and the Mayors and Bailiffs within Cities and Burroughs Enfranchised have power to take before them viz. of Irish men that enter this Realm such manner of Surety of good abearing and to do Execution upon them which shall abide or do against the said Ordinances from henceforth C. 11. § 1. N. 5. And the Iustices of Peace in all Counties of England and Mayors and Bailiffs having power to enquire of the Peace shall enquire Measures hear and determin all the same defaults viz. in the Contents of Vessels of Wine Eels Herring Salmon c. C. 14. § 1. N. 8. And the Iustices of Peace Mayors and Bailiffs Mettle and all others having power as Iustices of Peace shall hear enquire and determin Viz. of Gold-smiths and others not working Silver by the touch or Sterling allay by Bill Plaint or in other manner all that do contrary to the said Ordinances and thereof make due Execution by their discretions 6 H. 6. Cap. 3. The Iustices of Peace and cheif Officers in Cities Apprentice c. shall make Proclamation what every Artificer and Workman shall take for Wages and the Penalty of a Servant Artificer or Labourer that taketh more 8 H. 6. Cap. 5. § 2. N. 7. And that the Iustices of Peace Mayors Measures Bailiffs and Stewards of Franchises have power by Authority aforesaid to Examin the Trespassers in this Case viz. of false Weights and to enquire in special of Offenders against this Ordinance and to do Execution of them that be found faulty by Enquests or by Examination to be made by the said Iudges or Officers in this case in the manner as afore is said Force Item Whereas by the noble King Richard late King of England Cap. 9. after the Conquest the second at his Parliament holden at Westminster the Morrow after All Souls the fifteenth year of his Reign viz. 15 R. 2. Cap. 2. amongst other things it was Ordained and Established that the Statutes and Ordinances made and not repealed of them that make Entries with strong hand into Lands or Tenements or other Possessions whatsoever and them hold with Force and of them that make Insurrections Riots Routs Ridings and Assemblies in disturbance of the Peace or of the Common Law or in affray of the People should be holden and fully Executed Justices And moreover it is ordained by the same Statute Viz. 15 R. 2. § 1. N. 2. Cap. 2. § 1. N. 2. that at all times that such forcible Entries be made and complaint thereof come to the Iustices of Peace or any of them that the same Iustices or Iustice shall take the power of the County and shall go or one of them shall go to the place where such force is made Force And viz. 15 R. 2. Cap. 2. § 1. N. 3. if they find § 1. N. 3. or he findeth any holding of such place forcibly after such Entry made they should be taken and put in the next Goal there to remain convicted by the Record of the same Iustices or Iustice until they have made Fine and Ransom to the King Process And viz. 15 R. 2. Cap. 2. § 1. N. 4. § 1. N. 4. that all the people of the County as well Sheriffs as others shall be attending to the said Iustices and assist them to arrest such Malefactors upon pain of Imprisonment and to make Fine and Ransom to the King Church And viz. 15 R. 2. Cap. 2. § 1. N. 5. § 1. N. 5. that in the same manner be done of them that make forcible Entries into Benifices or Offices of holy Church as in the same Statute is contained more at Large Collusion And for that the said Statute viz. 15 R. 2. Cap. 2. § 2. N. 1. doth not extend to Entries in Tenements in peaceable manner and after holden with force nor if the persons which enter with force into Lands or Tenements be removed or voided before the coming of the said Iustices or Iustice as before nor any Pain ordained if the Sheriff do not obey the Commands and Precepts of the said Iustices for to execute the said Ordinances many wrongful and forcible Entries be daily made in Lands and Tenements by such as have no Right and also divers Gifts Feoffments and Discontinuances sometimes made to Lords and other puissant Persons and Extortioners within the said Counties where they be conversant to have Maintenance and sometimes to such persons as be unknown to them so put out to the intent to delay and defraud such rightful Possessions of their right and recovery for ever to the final Disherison of divers of the Kings faithful Leige-people and likely daily to encrease if due remedy be not provided in this behalf Assurances Our Lord the King considering the Premises § 2. N. 2. hath ordained that the said Statute viz. 15 R. 2. Cap. 2. and all other Statutes of such Entries of Alienations made in times past shall be holden and duly Executed Force Ioyned to the same viz. to 15. R. 2. Cap. 2. that from henceforth where any doth make any forcible Entry in Lands and Tenements § 2. N. 3. or other Possessions or them hold forcibly after Complaint thereof made within the same County where such Entry is made to the Iustices of Peace or to one of them by the party grieved that the Iustices or Iustice so warned within a convenient time shall cause or one of them shall cause the said Statute viz. 15. R. 2. Cap. 2. duly to be Executed and that at the costs of the Party so grieved Enquest And moreover §. 3. N. 1. though that such persons making suh Entries be present or else departed before the coming of the said Iustices or Iustice in some good Town next to the Tenements so entred or in some other convenient place according to their discretion shall have or either of them shall have Authority and power to enquire by the people of the same County as well of them that make such forcible entries into Lands and Tenements as of them which the same hold with force § 3. N. 2. And if
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
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
requisite Process such and so many persons as by their Discretion have or shall have best experience in the Occupation of making of Tile to search or examin in the digging casting turning parting making whitning and anealing aforesaid § 1. N. 18. And if the same Searchers or any of them do find Indictment that any person or persons exercising the Occupation of Tile-making do offend contrary to this Ordinance that then the same Searchers shall present such Defaults before the Iustices of Peace at their next Sessions § 1. N. 19. And that every such Presentment shall be as strong and effectual in the Law as the Presentment of twelve men Enquest § 1. N. 12. And that the Iustices of Peace shall have power to examin Justices Enquire and determin the Defaults of such Searchers in the Premises in like form as above is ordained for the Defaults of Tile-makers Statuta Rich. 3. Bayl. BE it enacted 1 R. 3. Cap. 3. § 1. N. 2. c. that every Iustice of Peace in every Shire City or Town shall have Authority and Power by his or their Discretion to Let such Prisoners and Persons so arrested Viz. on malice or light Suspition of Felony to Bail or Mainprize in like form as though the same Prisoners or Persons were Indicted thereof of record before the same Iustices in their Sessions 3 H. 7. Cap. 3. § 1. N. 7. and 34 Ed. 3. 1. § 1. N. 6. Coron And that Iustices of Peace have Authority to Enquire in their Sessions § 1. N. 3. of all manner Escapes of every person Arrested and Imprisoned for Felony Fines And it is Ordained c. that a like Transcript of the same Fine Cap. 7. § 2. N. 1. viz. in C. B. shall be sent to the Iustices of Peace of the County where the said Lands c. be they to cause open and solemn Proclamation of the said Fine to be made at four general Sessions of the Peace to be holden the same year Statuta Hen. 7. Forest THE King our Soveraign Lord c. Ordained 1 H. 7. Cap. 7. § 1. N. 3. that at every such time as Information shall be made of any such unlawful Huntings viz. in Forests Parks and Warrens by night or with painted faces hereafter to be done to any of the Kings Counsel or to any of the Iustices of the Kings Peace of the County where any such Hunting shall be had of any person to be suspect thereof that then it shall be lawful to any of the said Iustices of Peace or Counsel to whom any such Information shall be made to make a Warrant to the Sheriff of such County or to any Constable Bailiff or other Officer within the same County to take and arrest the same person or persons of whom any such Information shall be had and to have him or them before the Maker of any such Warrant or any other the Kings said Counsel or Iustice of his place of the same County Justices And that the said Counsellor or Iustice of Peace afore whom such person or persons shall be brought § 1. N. 4. by his Discretion have power to examin him or them so brought afore the said Counsellor or Iustice of the said Hunting and of the said Defaults in that behalf Amercement And if he then confess truth § 1. N. 6. and all that he shall be examined of and knoweth in that behalf that then the said Offences of Huntings by him done be against the King our Soveraign Lord but Tresspass Finable by reason of the same Confession at the next general Sessions of the Peace to be holden in the same County by the Kings Iustices of the same Sessions there to be Sessed Enquest And over that 3 H. 7. C. 1. § 1. N. 4. viz. besides the Star Chambers Jurisdictions it is Ordained c. that the Iustices of Peace of every Shire of this Realm for the time being may take by their Discretion an Enquest whereof every man shall have Lands and Tenements to the yearly value of forty shillings at the least to enquire of the Concealments of other Enquests taken afore them and afore other of such matters and Offences as are to be enquired and presented before Iustices of Peace whereof Complaint shall be made by Bill or Bills as well within Franchis as without Amercement And if any such Concealment be found of any Enquest as is afore rehersed had or made within the year after the said Concealment § 1. N. 5. every person of the same Enquest to be Amerced for the same Concealments by Discretion of the same Iustices of the Peace the said Amercements to be Sessed in plain Sessions §. 1 N. 21. And also Iustices of Peace have Power to enquire of such Escapes Escape viz. of Murderers in the Day and that to certifie before the King in his Bench. § 1. N. 26. And also it is Ordained by the same Authority Peace that every Iustice of Peace within this Realm that shall take any Recognizance for the keeping of the Peace that the same Iustice do certifie send or bring the same Recognizance at the next Sessions of the Peace where he is or hath been Iustice that the party so bound may be called § 1. N. 27. And if the party make Default Justices the same Default then there to be recorded and the same Recognizance with the Record of the same Default be sent and certified into the Chancery or afore the King in his Bench or into the Kings Exchequer Cap. 3. § 1. N. 3. Wherefore the King c. hath ordained Bail c. that the Iustices of Peace in every Shire City or Town or two of them at the least whereof one to be of the Quorum have Authority and Power to Let any such Prisoners or persons mainpernable by the Law that have been Imprisoned within their several Counties City or Town to Bail or Mainprize unto their next general Sessions or unto the next Goal-Delivery of the same Goals in every Shire City or Town as well within Franchises as without where any Goals be or hereafter shall be 1 2 Ph. Mary 13. § 1. N. 2. § 1. N. 4. And that the said Iustices of the Peace or one of them Certificate so taking any such Bail or Mainprize do certifie the same at the next general Sessions of the Peace or the next Goal-Delivery of any such Goal within every such County City or Town next following after any such Bail or Mainprize so taken upon pain to forfeit unto the King for every Default thereupon recorded 10 l. § 1. N. 7. And that the foresaid Act viz. 1 R. 3 Cap. 3. § 1. N. 2. Joynder giving Authority and Power in the Premisses to any Austice of the Peace by himself be in that behalf utterly Void and of none Effect by
Authority of this present Parliament 4 H. 7. C. 12. Item The King our Soveraign Lord considereth that by the negligence Justices misdemeaning favour and other Inordinate Causes of Iustices of Peace in every Shire of this his Realm the Laws and Ordinances made for the politick-weal peace and good-rule of the same and for the profit surety and restful living of his Subjects of the same be not duly Executed according to the tenor and effect of that they were made and ordained for § 1. N. 2. Wherefore his Subjects been greivously hurt Prerog and out of surety of their Bodies and Goods to his great displeasure for to him is nothing more joyous than to know his Subjects to live peaceably under his Laws and to encrease in Wealth and Prosperity § 1. N. 3. And to avoid such Enormities and Injuries Peace so that his said Subjects may live restfully under his Peace and Laws to their Encrease § 1. N. 4. He will that it be Ordained and Enacted by Authority of this said Parliament Days that every Iustice of Peace within every Shire of this Realm within the Shire where he is Iustice of Peace do cause openly and solemnly to be proclamed yearly four times a year in four principal Sessions the tenor of this Proclamation to this Bill annexed § 1. N. 5. And that every Iustice of Peace being present at any of the said Sessions Justices if they cause not the said Proclamations for to be made in form abovesaid shall forfeit unto our Soveraign Lord at every time twenty shillings § 2. N. 1. Henricus Dei Gratia c. The King our Soveraign Lord considereth Execution how daily within this Realm his Coin is Traiterously Counterfeited Murders Robberies Felonies been greivously committed and done and also unlawful Reteyners Idleness unlawful Plays Extortions Misdemeanings of Sheriffs Escheators and many other Enormities and unlawful Demeanings daily grown more and more within this Realm to the great Displeasure of God Hurt and Impoverishing of his Subjects and to the Subversion of the Policy and good Governance of this his Realm for by these sad Enormities and Mischeifs his Peace is broken his Subjects troubled inquieted and impoverished the Husbandry of this Land decayed whereby the Church of England is upholden the Service of God continued every man thereby hath his sustenance every Inheritor his rent for his Land Process For repressing and avoyding of the said mischeifs sufficient Laws and Ordinances been made by Authority of many and divers Parliaments holden within this Realm to the great cost of the King § 2. N. 2. his Lords and Commons of the same and lacketh nothing but that the said Laws be not put in due execution which Laws ought to be put in due execution by the Iustices of Peace of every Shire of this Realm to whom his Grace hath put and given full authority so to do sith the beginning of his reign Justices And now it is come to his knowledg § 2. N. 3. that his Subjects be little cased of the said mischeifs by the said Iustices but by many of them rather hurt than helped and if his Subjects complain to these Iustices of Peace of any wrongs done to them they have thereby no remedy and the said mischeifs do increase and be not subdued Peace And his Grace considereth § 2. N. 4. that a great part of his wealth and prosperity of his Land standeth in that that his Subjects may live in surety under his Peace in their bodies and goods and that the Husbandry of this Land may increase and be upholden which must be had by due execution of these Laws and Ordinances chargeth and commandeth the Iustices of the Peace of this his Shire to endeavour them to do and execute the tenor of their Commission and the said Laws and Ordinances ordained for the subduing of the premises as they will stand in love and favour of his Grace and in avoyding of the pains that are ordained if they do the contrary Process And moreover he chargeth and commandeth § 2. N. 5. that every man what degree or condition that he be of that let them in word or deed to execute their said authority in any manner and form abovesaid that they shall shew it to his Grace and if they do it not and it come to his knowledg by other than by them they shall not be in his favour but taken as men out of credence and be put out of Commission for ever Execution And over this he chargeth and commandeth all manner of men as well the poor as the rich which be to him all one in due ministration of Iustice that is hurt or grieved in any thing § 2. N. 6. that the said Iustice of Peace may hear determine or execute in any wise that he so grieved make his complaint to the Iustice of Peace that next dwelleth unto him or to any of his fellows and desire a remedy Justices And if then he have no remedy § 2. N. 7. if it be nigh such time as his Iustices of Assizes come into that Shire that then he so grieved shew his complaint to the same Iustices Chancery And if then he have no remedy § 2. N. 8. or if the complaint be made long afore the coming of the Iustices of Assize then he so grieved come to the Kings Highness or to his Chancellor for the time being and shew his grief Process And his said Higness then shall send for the said Iustice to know the cause why his said Subjects be not eased and his Laws executed § 2. N. 9. whereupon if he find any of them in default of executing of his Laws in the premises according to his Highness commandment he shall do him so offending to be put out of the Commission and further to be punished according to his merits Justices And over that his said Highness shall not let for any favour § 2. N. 10. affection cost charge nor other cause but that he shall see his Laws to have plain and true execution and his Subjects to live in surety of their lands bodies and goods according to his said Laws and the said mischeifs to be avoyded that his Subjects may increase in wealth and prosperity to the pleasure of God Measures And that the Iustices of Peace of every Shire of England have full authority and power to inquire hear 7 H. 7. cap. 4. § 1. N. 12. or determine the said defaults viz. in Weights and Measures c. Games And that the Housholder where Dicing Carding Tennis-playing 11 H. 7. C. 2. § 1. N. 14. Bowls Clash or any other unlawful games afore rehearsed shall be used owise than is afore rehearsed viz. in Christmas in the presence of the Master and that lawfully be presented before the Iustices of Peace the Mayor Sheriff in his Turn
or Steward in his Leet or by examination had afore the said Iustices of Peace that Process be made upon the same as upon Indictment of Trespass against the Kings Peace 19 H. 7. cap. 12. § 2. N. 4. § 1. N. 15. And that the said Misdoer be admitted to no Fine under the Sum of 6 s. 8 d. 19 H. 7. cap. 12. § 2. N. 4. Amercement § 1. N. 16. And that it be lawful to two of the Iustices of the Peace Justices whereof one shall be of the Quorum within their authority to reject and put away common Ale selling in Towns and Places where they shall think convenient 19 H. 7. cap. 12. § 2. N. 5. § 1. N. 17. And to take surety of Keepers of Ale-houses Ale of their good behaviour by the discretion of the said Iustices and in the same to be advised and agreed at the time of their Sessions 19 H. 7. Cap. 12. § 2. N. 6. Cap. 3. The King our Soveraign Lord calling to his remembrance Riot that many good Statutes and Ordinances be made for the punishment of Riots unlawful Assemblies Retainers and giving and receiving of Liveries Signs and Tokens unlawfully Extortions Maintenance Imbracery excessive taking of Wages contrary to the Statute of Laborers and Artificers viz. 23 Ed. 3. cap. 1. the use of unlawful Games inordinate Apparel and many other great inconveniencies and offences which been committed and done daily contrary to the good Statutes for many and divers behooful considerations severally made and ordained to the high displeasure of Almighty God and the great let of the Common Law and Weal of this Land notwithstanding generally by the Iustices of the Peace in every Shire within this Realm in the open Sessions is given in charge to inquire of many Offences committed contrary to divers of the said Statutes and divers inquests thereupon there straitly sworn and charged before the said Iustices to inquire of the premises and therein to present the Truth which is letted to be found by embracery maintenance corruption and favour by occasion whereof the said Statutes be not nor cannot be put in due execution 1 H. 8. Cap. 6. § 1. N. 2. For reformation whereof Enquest for so much that before this time the said Offences Extortions Contempts and other the premises might not nor as yet may be conveniently punished by the due order of the Law except it were first found and presented by the verdict of twelve Men thereto duly sworn which for the causes afore rehearsed will not find nor yet present the truth 3 H. 7. Cap. 1. § 1. N. 2. § 1. N. 3. Wherefore be it by the advice and assent of the Lords Spiritual and Temparal and the Commons in this present Parliament assembled Justices and by authority of the same Enacted Ordained and Stablished that from henceforth as well the Iustices of the Assize in the open Sessions to be holden afore them as the Iustices of Peace in every County of the said Realm upon Information for the King before them to be made have full power and authority by their discretion to hear and determine all Offences and Contempts committed and done by any person or persons against the form ordinance or effort of any Statute made and not repealed 1 H. 8. Cap 6. § 1. N. 4. And that the said Iustices upon the said Information Process shall have full power and authority to award and make like Process against the said Offenders and every of them as they should or might make against such person or persons as been presented and indicted before them of Trespass done contrary to the Kings Peace and the said Offender and Offenders duly to punish according to the purport form and effect of the said Statutes § 1. N. 5. Also be it Enacted by the said authority Information that the person which shall give the said Information for the King shall by the discretion of the said Iustices content and pay to the said person or persons against whom the said Information shall be so given his reasonable costs and damages in that behalf sustained if that it be tried or found against him that so giveth or maketh any such Information 11 H. 7. Cap. 7. § 1. N. 18. § 1. N. 6. Provided alway that any such Information extend not to Treason Treason Murder or Felony nor to any other Offence wherefore any person shall lose Life or Member nevertheless by nor upon the same Information any Lands Tenements Goods and Chattels to the Party making the same Information Lieu. Provided also that the said Information shall not extend to any Person dwelling in another Shire than there § 1. N. 7 as the said Information shall be given or made Franchise Saving to every Person and Persons Cities and Towns § 1. N. 8. all their Liberties and Franchises to them and every of them of right belonging and appertaining Measures And two Iustices of Peace Ca. 4. § 1. N. 13. whereof one shall be of the Quorum have authority as well by examination as by inquiry to hear and determine the faults of the said Mayors Bailiffs and other Head Officers in that behalf viz. Of Weights and Measures And also of all Buyers and Sellers doing contrary to this present Act and Ordinance and to set Fine and Amercement upon the Offenders by their discretion 34 Ed. 3. Cap. 5. 7 H. 7. Cap. 4. § 1. N 12. Process Be it also ordained c. § 1. N. 16. That the Iustices of Peace abovesaid have authority to make like Process against all Persons found as is abovesaid defective and for such Fines and Amercements as upon them shall be assess'd as if they were Indicted afore them for breaking of the Kings Peace Riot Prayen the Commons of this our Land in this present Parliament assembled Cap 7. that where for the great rest and tranquility of your said Commons true Liege-men and Subjects inhabited in this your Realm divers and many good Statutes Acts and Ordinances have been made in times past ordained and stablished to subdue and punish Riots for the unlawful raising and leading of People Riots Routs and other unlawful assemblies whereby many evil Deeds Ieoperdies Perils Fear and Dread to your Subjects have grown and thereupon great Penalties set upon the said Rioters and Offenders as in divers remembred Statutes Acts and Ordinances in the days of your noble Progenitors at several times made ordained and provided more at large doth and may appear Franchise Yet the same Acts notwithstanding some Persons not dreading God § 1. N. 2. their Soveraign Lord nor the punishment of the Laws made and had in this behalf oft times as well by colour of such Offices as they have obtained as Receivers Stewards and Bailiffs of Lordships and other Officers as by peny Reteiners by Oath Promise Covenant and otherwise
discretion of the same Iustice C. 6. § 1. N. 15. And over this the Iustices of Peace within every Shire at their general Sessions holden at Michaelmas Mettle shall assign and appoint two certain Persons having experience therein viz. in deceitful Pewter and Brass c. to make search in the Premises in every part of that Shire as well within the Franchise as without saving in Cities and Boroughs where Searchers be appointed by the Heads and Governours of the same C. 11. § 1. N. 9. And that the Iustices of Peace in their Sessions shall have Authority to take before them any Person suspected of the Premises Forest viz. Of Dear-hayes Buckstails or taking of Herons and by their discretion to examine them in the premises § 1. N. 11. And that these Iustices Justices that so examine them shall have the tenth part of every such forfeiture for their Labour in that behalf Ca. 12. § 2. N. 8. Furthermore be it enacted by the said Authority Poor that Iustices of the Peace or two of them at the least within their Shires and every Mayor Sheriff and Bailiff within their Cities Towns and Boroughs shall have full power and authority to make four times in the year that is to say every quarter once or ofter as by their Discretion shall be thought necessary throughout all their Shire a due and a diligent secret search and if they or any of them find by reason of the said Search any of the said mis-ruled Persons viz. Vagabonds c. the said misruled Persons so found to have like punishment and correction as is aforesaid Viz. at discretion Riot Whereas in the Parliament holden at Westminster the Tuesday the morrow next after All Souls Cap. 13. 13th year of the reign of King Henry the fourth viz. 13. H. 4. Cap. 7. Among other things it was Enacted Ordained and Established that if any Riot Assembly or Rout of People against the Law were made in any part of the Realm that the Iustices of the Peace three or two of them at the least and the Sheriff or Vnder-Sheriff of the County where such Riot Assembly or Rout should be done after the same Statute should come with the power of the Shire if need should be to arrest them and them should arrest 2 H. 5. Cap. 8. Records And viz. 13 H. 4 Cap. 7. § 1. N. 2. § 1. N. 2. the same Iustices and Sheriff or Vnder-Sheriff should have power to record that that they should find so done in their presence against the Law 2 Hen. 5. Cap. 8. § 1. N. 2. Process And viz. 13 H. 4. Cap. 7. § 1. N. 3. § 1. N. 3. that by the Record of the same Iustices and Sheriff or Vnder-Sheriff the same Trespassers and Misdoers should be convicted in manner and form as it is contained in the Statute viz. 5 R. 2. Cap. 7. § 1. N. 3. 15 R. 2. § 1. N. 3. Of Forcible Entries with divers and many other Articles touching and concerning the Premises as in the same Statute made the said thirteenth year viz. 13. H. 4. Cap. 7. more plainly at large it appeareth 2 H. 5. Cap. 8. § 1. N. 2. Riot Which Statute viz. 13 H. 4. Cap. 7. is thought good and necessary § 1. N. 4. wherefore by the advice and assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same be it therefore ordained established and enacted that the said Act made in the said thirteenth year of King Henry the fourth Viz. 13 H. 4. Cap. 7. concerning Riots Assemblies and Routs of people and all and every Article and Articles comprised in the same and also all other Statutes viz. 2 H. 5. Cap. 8. c. before this time made concerning the punishment of Rioters at the time of making this Act being in force from henceforth stand in their force and be duly put in execution after the tenors and purports of the same Enquest And for as much as in the said Statute made in the said thirteenth year viz. 13 H. 4. Cap. 7. § 1. N. 5. It is not expressed of what sufficiency the Iurors impanelled should be or what Issues they should lose if they appear not nor no mention thereon made of any punishment of the Maintainers and Embracers of the Iurors that so shall be Impanelled should have for their misdemeanors if any be Ability It is therefore furthermore Enacted by the said Authority in this present Parliament That if any Riot Rout § 1. N. 6. or unlawful Assembly be committed and done at any time after the first day of May next coming within this Realm of England that the Sheriff having a Precept directed to him shall return one and twenty Persons dwelling within the Shire where such Riot Rout or unlawful Assembly shall be so committed and done whereof every of them shall have Lands and Tenements within the same Shire to the yearly value of twenty shillings Charter land or Free-hold or twenty six shillings and eight pence of Copyhold of both over and above all charges for to inquire of the said Riot Rout or unlawful Assembly Return And shall return upon every Person so by him impanelled in Issues § 1. N. 7. at the first day twenty shillings and at the second day forty shillings if they appear not and be sworn to enquire of the premises at the first day Sheriff And if default be in the Sheriff or Vnder-Sheriff § 1. N. 8. for returning of other Persons not being of the said sufficiency or return not Issues in form aforesaid that then the said Sheriff shall forfeit to our Sovereign Lord the King for either default therein twenty pound Riot And if the said Riot Rout § 1. N. 9. or unlawful Assembly be not found by the said Iury by reason of any Maintenance or Embracery of the said Iurors then the same Iustices and Sheriff or Vnder-Sheriff over and above all such Certificate that they must and be bound to make according to the said Statute made the said thirteenth year viz. 13 H. 4. Cap. 7. § 2. N. 1 shall in the same Certificate certifie the names of the Maintainers and Embracers in that behalf if any be with their misdemeaners that they know upon pain of every of the said Iustices and Sheriff or Vnder Sheriff to forfeit 20 l. if the same Iustices and Sheriff or Vnder Sheriff have no reasonable Excuse for not certifying the same § 1. N. 10. Which Certificate so made shall be of like force and effect in the Law Certificate as if the matter contained in the same were duly found by the Verdict of twelve men § 1. N. 11. And every Person duly proved to be a Maintainer or Embracer of the same shall forfeit to our said Soveraign Lord Maintainers 20 l. and as well the
same Maintainers as the Embracers shall be committed to Ward there to remain by the discretion of the Iustices Statuta Hen. 8. 1 H. 8. cap. 6. A Repeal of a Statute made 11 H. 7. Cap. 3. Oyer giving Authority to Iustices of Assize and Iustices of Peace in their Sessions to hear and determine all Offences and Contempts committed against any Statute in force saving Treason Murder or Felony Cap. 7. § 2. And that the Iustices of Assizes and Iustices of Peace Justices within the County where any such Default of the Coroners be viz. taking any thing for Enquiry of Body slain by Misadventure c. have Authority and Power to enquire thereof and determine the same as well by Examination as by Presentment Cap. 8. § 7. Provided also that this Act Inquest viz. of Returning Offices and Inquisitions by Commission or Escheator c. extend not nor be prejudicial to any Iustices of the Peace for any thing done concerning the Commission of the Peace 3 H. 8. C. 5. § 3. N. 2. And that it be Ordained c. that the Iustices of Peace of every Shire where any such Offenders War viz. that depart from Captain without License during Warr c. be taken have Power to inquire of the said Offences viz. Departure Retainer and Payment of Souldiers and the same hear and determine as they do and may do of Felonies Trespasses and other Offences expressed in the Kings Commission to them made as though the said Offences were done in the same Shire C. 12. § 1. N. 4. Wherefore be it Enacted c that all Pannells to be returned Inquest which be not at the Suit of any Party that shall be made and put in by every Sheriff and their Ministers afore any Iustice of Goal-Delivery or Iustice of Peace whereof one to be of the Quorum in their open Sessions to inquire for the King shall be reformed by putting to and taking out of the names of the Persons which so be Impannelled by every Sheriff and their Ministers by Discretion of the same Iustice before whom such Pannells shall be returned 4 H. 8. Cap. 1 Bulwarks Brays Walls and other Fortifications War shall be made by the Sea-side in Cornwall by the Iustices of Peace Assignment 14 15 H. 8. Cap. 6. § 4. N. 2. And that the said two Iustices of Peace and twelve other discreet Persons viz. of the Hundred Ways where oldway is in Close and new one laid out in Kent by whose Overfight and Assent the said new way c. by Virtue of this Act shall be hereafter Assigned limited and laid out shall within three Months next after the Assignment limitation and laying out of the same make Certificate into the Kings most Honourable Court of Chancery under their Seals of the length and breadth of the same new Way or Street and of other things adjoyning or concerning the same as by their Discretions shall be thought most expedient or requisite for the Common-wealth of that County to be certified C. 10. § 1. N. 3. And that the Iustices of Peace within every Shire Forest at every Sessions of the Peace c. shall have full Authority and Power to inquire of such Offenders viz that trace Hares in the Snow c. § 1. N. 4. And after such Inquisitions found Forfeiture the said Iustices of Peace c. for every Hare so killed shall Sess upon every such Offender 6 s. 8 d. to be for feited to our Sovereign Lord that shall be so found by the Iustices of Peace in their Sessions Riot The President of the Kings Council shall be associate with the Chancellor c. viz. 3 H. 7. Cap. 1. in examination of Riots c. 21 H 8. C. 20. Ways And that the Iustices of Peace in every Shire of this Realm 22 H. 8. C. 5. § 9. N. 3. Franchise City or Borough or four of them at the least whereof one of them to be of the Quorum within the limits of their Commissions and authorities shall have power and authority to enquire hear and determine in the Kings general Sessions of Peace all manner of annoyances of and in such high wayes so being and next adjoyning to any ends of Bridges within this Realm distant from any one of the Ends of such Bridges three hundred foot and to do in every thing and things concerning the making repairing and amending of such High-ways and every of them in as large and ample manner as they might and may do to and for the making repairing and amending of Bridges by virtue and authority of this present Act. Treason Viz. No Convicts of Pety Treason Murder or Felony 23 H. 8. C. 1. § 4. N. 2. c. shall make any purgation but abide in Prison during life Except only such Person or Persons so being within such holy Orders viz. Of Subdeacon or above and convict of and for any of the offences aforesaid and delivered to the Ordinary for the same do find two sufficient Sureties by Recognizances before two of the Kings Iustices of his Peace within the same Shire where the petit Treason Murder or Felony whereof he was convicted was committed and done whereof one of them to be of the Quorum that such Convict shall be of good abearing against the King our Soveraign Lord his Laws and Subjects Every such Convict to be bound in the Sum of 40 l. and every his Sureties in 20 l. 26 H. 8. Cap. 12. § 4. N. 1. Bayl. And that no Surety be taken unless such as may dispend in Lands § 1. N. 3. Tenements or Hereditaments yearly above all charges of Estate of Inheritance of Charter-hold 26 s. 8 d. or else be worth 20 l. in movable substance at the time of the taking of such Recognizance Justices And that two Iustices of Peace § 1. N. 4. whereof one to be of the Quorum by Authority aforesaid have power and authority to take such Recognizances Certificate And that the said Iustices afore whom any such Recognizance shall be taken § 1. N. 5. shall certifie the same into the Kings Bench within four months next after the taking thereof upon pain to lose and forfeit 100 s. for every such default thereof Imprisonment It may therefore please your Highness C. 2. § 1. N. 2. c. viz. For necessity and emendation of Strong Goals to enact that the Iustices of Peace of every of the Shires of Essex Suffolk Dorset Sussex Surrey Nottingham Gloucester Bedford Buckinghem Huntington Wiltshire Kent Warwick Stafford Oxon Berkshire Leicester Rutland Lincoln Hereford Northampton Salop Norfolk and Cornwal or the most part of the said Iustices of Peace in every of the said Shires within the limits of their Commission shall have full power and authority to limit and appoint at any time within the term of one year from the end
of this present Parliament the Towns and Places wherein they shall think most necessary to have a common Goal newly edified and made 2 Inst 705 706. and 5 Eliz. 24. cap. § 3. N. 1. Notice And be it further Enacted § 4. N. 1. That several Commissioners under the Kings great Seal with this present Act thereto affiled shall be directed to the Iustices of Peace of the Shires aforenamed authorizing them to accomplish and execute this present Act according to the tenor thereof in every behalf Imprisonment Be it further Enacted c. § 7. N. 1. That like Provision in every behalf be had for a new Goal to be made within the County of Derby in like form as is provided for other Shires aforesaid Ale And that every Beer-Brewer and Ale-Brewer shall not take over and above for every such Barrel Kilderkin C. 4. § 5. N. 1. or Firkin of Ale and Beer but after such Prizes and Rates as shall be thought convenient and sufficient by discretions of the Iustices of Peace within every Shire where such Beer-Brewer and Ale-Brewer shall dwell without any City Borough or Town Corporate where no head-Officers as Mayors Bailiffs Sheriffs and other head-Officers have no Authority or Rule 8 Eliz. 9. § 5. N. 1. Cap. 5. § 5. N. 2. And before he viz. Commissioner of Sewers shall take upon him the Execution of the said Commission Sewers he shall take a Corporal Oath before the Lord Chancellor or before such to whom the said Lord Chancellor shall direct the Kings Writ of Dedimus Potestatem to take the same or before the Iustices of the Peace in the Quarter Sessions holden in the Shire where such Commissions shall be directed c. Cap. 8. § 2. N. 2. And if it shall happen any person Mettle c. for prosecuting any Suit or Action upon this Statute viz. against Tinners that do not make sufficient Hatches and Tyes for Gravel c. or by occasion of the same hereafter to be imprisoned by any manner of person c. being Officers or Ministers of the Stannery their Deputies or Substitutes that then every of the Iustices of Peace within any of the Counties aforesaid viz. Devonshire or Cornwal wherin the said Prisoner shall happen to be Committed to Prison upon credible Information thereof taking Surety by his descretion for Appearance of such Prisoner at the next general Sessions of the Peace shall have Power c. as well to direct his Warant to the Goaler c. as to any other Person to whom the said Prisoner shall be committed unto commanding him c. upon pain c. of 40 l. to deliver and put at large the said Prisoner c. 27 H. 8. Cap. 23. § 4. N. 1. § 2. N. 6. And if it shall appear upon the Appearance of such Prisoner at the Quarter Sessions by examining of the Iustices of Peace there being Justices that he was imprisoned contrary to the form of this Statute then he shall be forthwith dismissed and thereby discharged and if he were lawfully Imprisoned for any other just Cause then to be remanded to Prison by the discretion of the said Iustices 27 H. 8. Cap. 23. § 4. N. 3. Cap. 1◠§ 3. And be it Enacted c. that the Lord Chancellor of England Sewers c. at all times c. upon request to him to be made by the Mayor and Commonalt◠of the said City viz. of York and Town viz. of Hull or by any other Citizen and Burgess of the said City and Town c. or other person by them under the common Seals of the said City and Town Authorised shall have Power and Authority by his discretion to make and direct like Commission viz. as for Surety unto eight sad and discreet persons whereof four of them be of the Citizens and Inhabitants of the said City and Town and the other four to be Iustices of Peace whereof two to be of the West-Riding and the other two of the East-Riding of the County of York not of Fee nor retained with the said City or Town that they eight seven six five or four of them whereof two of them shall be of the said City and Town and the other two Iustices of Peace the one of the East-Riding the other of the West-Riding of the said County by Virtue of the said Commission shall and may the said Owners assign and appoint to pull up and redress viz. in the River of Ouse and the water of Humber or cause to be pulled up and redressed within thirty days after monition given to the said Owners by the said Commissioners or by such of them taking the charge of the Execution of the said Commission such and as much of the said Fish-gart his and other Impediments to be made in the said Waters viz. of Ouse and Humber to the Let Disturbance Damage or Ieoperdy of any Ships Keyls Boats or any other Vessels passing or repassing to or from the said City of York to the said Town of Hull as by them shall be thought meet and convenient 24 H. 8. C. 1◠§ 2. N. 4. And if the Offence Fowle viz. not endeavouring to destroy Crows Rooks and Choughs be done contrary to this Statute by any person c. which shall dwell and have the Manurance of and in such Mannors Meases Lands Tenements or Hereditaments whereunto such Leets Law-days Rapes and Courts do not belong or by reason whereof any such Courts be not holden that then upon a Presentment thereof had before the Sheriffs c. or Iustices of Peace in their Sessions c. the Iustices of Peace or two of them at the least if the Presentment be before them in their Sessions shall assess and set the said Amerciament after the quantity of the Offence by their discretions c. Justices And further be it Enacted § 5. N. 1. c. That as well the Iustices of the Peace in their Sessions c. to be hereafter holden before them or any of them shall give in Charge to the Tenants and Inhabitants and all other appearing before any of them that they shall duly inquire and put in execution the effect of the Premises in due time viz. yearly so that this Act may be fully executed and Choughs Crows and Rooks thereby destroyed in all parts of this Realm c. Fowle And if any such Owner or Farmer viz. on whose Grounds Rooks § 7. N. 2. Choughs or Crows be killed refuse to pay the said mony accordingly as is aforesaid viz. two pence for twelve a penny for six a half-penny for three old Rooks Choughs or Crows killed then upon Complaint and Proof thereof made to any of the Iustices of Peace or High-Constable the said Iustice of Peace or High-Constable shall cause the said mony to be levyed by distress of the Goods and Cattels of every such Farmer or Owner refusing to pay the same
according to the Tenor and Effect of this Act. Coron And that Iustices of Peace shall have Power and Authority within the limits of their Commissions and Iurisdiction 25 H. 8. C. 6. § 1. N. 5. to hear and determine the said Offence viz. of Buggery with Mankind or Beast as they do use to do in Cases of other Felonies Fowle And be it Enacted C. 11. § 3. N. ◠c. that all Iustices of the Peace within the limits of their Commissions shall have Power and Authority to inquire hear and determine the Offences aforesaid viz. taking Wild-fowle with Nets between the last of May and the last of August or their Eggs c. like as they commonly use to do in Cases of Tresspass Cattel And it is further Enacted C. 13. § 5. N. 1. that the Iustices of Peace of every Shire shall have Power and Authority to inquire of the Offenders of this Act viz. keeping above two thousand Sheep as well by the Oaths of twelve men as by Information of any of the Kings Subjects and to make such like Process upon every Presentment or Information concerning this Act as they use commonly to do upon Presentments before them of Trespass Bayl. Or else in their viz. the Ordinary's default if they refuse C. 14. § 8. N. 2. c. viz. to Bail an Heretick then by discretion of two Iustices of Peace of that Shire where such persons so accused or presented shall inhabit by four sufficient Sureties to be bounden to the Kings use by Obligation or Recognizance to appear before the Ordinaries at such days c. as shall be limited in the said Bonds c. Sewers And that the Kings Iustices of Peace within every of the said Counties of Glocester and Sommerset at their Quarter Sessions 26 H. 8. 5. § 2. N. 1. shall have full Power and Authority to call before them all such persons which hereafter shall keep any of the said Passages or any other Ferry or Passage over the said Water viz. the Severn into Wales or the said Forest viz. of Dean or out of Wales or the said Forest into England and to bind them with sufficient Sureties with them in Recognizance in such sums of mony as it shall seem to the discretion of the said Iustices of Peace that they and every of them being Passengers and Keepers of Ferries and Passages as is aforesaid from henceforth shall not after the said times before limited and appointed viz. beeween Sun setting and Sun-rising convey or carry or cause to be conveyed or carried any manner of person or persons or any kind of Cattel but such persons as they do know and will answer for and know where their Abidings Dwellings and Habitations be and upon request made to them or any of them as is aforesaid shall from time to time disclose as well the same person or persons as the Goods and Cattels so passing the said Passages upon fresh suit made or hereafter to be made upon any Felony Murder or Robbery committed and done in the Borders of the Counties aforesaid or in any other place within this Realm or South-Wales Behavior Be it therefore Enacted 26 H 8. C. 12. § 4. N. 1. c. that every such person and persons within such Orders of Sub-Deacon or above being convict of any pety Treason or of any Murder of Malice prepensed or of any the said Felonies above rehearsed viz. 23 H. 8. 1. § 4. N. 2. or of any accessary to pety Treason c. before any Lord Marcher Steward Lieutenant Deputy or other Iustice or Officer within Wales or within any other place City Town Honour Lordship or Mannor within the Kings Dominion where no Iustices of the Peace and of the Quorum be and thereupon the same Convict admitted unto his Clergy that the same person or persons so being within such holy Orders and Convict c. and delivered unto the Ordinary as Clerk Convict for the same shall or may find two Sureties by Recognizance for his good abearing before two of the Kings Iustices of Peace whereof one to be of the Quorum in the Shire where the said Convict is or shall be kept in the Ordinaries Prison if the same Prison be within the Shire-ground where Iustices of the Peace and of the Quorum be or else before two of the Kings Iustices of Peace whereof one to be of the Quorum in the next Shire adjoyning unto the same Prison 27 H. 8. C. 5. § 1. N. 2. For redress and amputation whereof viz. Of the Increase of Robberies Coron c. and to the intent that one Order of ministring his Laws should be had c. as in other places of this Realm of England c. It is Ordained c. That the Lord Chancellor of England or the Lord Keeper of the Great Seal for the time being from time to time and all times shall have full power and authority by his discretion to nominate and appoint Iustices of the Peace Iustices of the Quorum and Iustices of Goal delivery in the said Counties of Chester Flint Anglesey Caernarvan Pembroke and Glamorgan by Commission under the Kings Great Seal which shall have full power and authority to inquire hear and determin all manner of thing and things inquirable presentable or determinable before Iustices of Peace Iustices of Quorum and Iustices of Goal delivery in other Shires of the Realm of England by force or vertue of any Statute or Statutes made or to be made or by the course of the Common Laws of this Realm C. 16. § 1. N. 2. Or else viz. Bargain and Sale to be inrolled within the same County or Counties where the same Manors Lands Inrolment or Tenements so bargained and sold lie or be before the Custos Rotulorum and two Iustices of the Peace and the Clerk of the Peace of the same County or Counties or two of them at the least whereof the Clerk of the Peace to be one C. 20. § 1. N. 5. And in case the Ordinary of the Diocess or his Commissary Tyths or the Archdeacon or his Official or any other competent Iudge aforesaid viz. in Suit for Subtraction of Tythes for any contempt contumacy or disobedience or other misdemeanour of the party defendant make information and request to any of the Kings most honorable Council or to the Iustices of the Peace of the Shire where such Offender dwelleth to assist and aid the same Ordinary Commissary Arch-Deacon Official or Iudge to order or reform any such Person in any Cause before rehearsed that then he of the Kings said honorable Council or such two Iustices of the Peace whereof one to be of the Quorum to whom such Information or request shall be made shall have full power and authority by vertue of this Act to attach or cause to be attached the Person or Persons against whom the Information or request shall be
much thereof under the same fourth part of the said Woods and Vnder-woods as shall by the Discretions and Wisdoms of the said Iustices be thought necessary and requisite to limit and set out Parliament Statutes made in the Parliament holden at Westminster 37 H. 8. pa. 605. in the seven and thirieth year of the most renowned H. 8. by the Grace of God King of England France and Ireland Defendor of the Faith and of the Church of England and also of Ireland in Earth Supream Head Chancery Where before this time the Lord Chancellor of England for the time being hath by reason of his Office of the Chancellorship Cap. 1. the Nomination and Appointment of the Custos Rotulorum within all and every Shire of this Realm of England and Wales and other the Kings Dominions Marches and Territories of the same 3 4 Ed. 6. Cap. 1 § 2. N. 3. Peace And yet in like manner all and every person which had enjoyed the said Office of the Custos Rotulorum hath had until now of late § 1. N. 2. the nomination and appointment of the Clerk of the Peace within such Shires where he or they had and enjoyed the said Office of Custos Rotulorum Officer And where now of late divers and sundry persons within this Realm being not learned § 1. N. 3. nor yet meet ne able for lack of Knowledge and Learning to occupy and exercise the said Office of the Custos Rotulorum and of the Clerk of the Peace have of late years by labor friendship and means attained and gotten for term of their lives of the Kings Majesty several Grants by his Highness Letters Patents to them made of the Clerkship of the Peace by reason whereof and for that the Parties to whom the said several Grants have been so made and granted have not been sufficiently learned to exercise and occupy the same Office and Offices many and sundry Indictments as well of Felony Murder and other Offences and Misdemeanors and the Process awarded upon the same Indictments have not only been by reason thereof made clearly frustrate and void sometime by reason of the negligent ingrossing and keeping of the said Indictments and sometime by reason of the Imbezelling or Razure of the same Indictments Inrollment But also viz. by ignorant Clerks divers and sundry Bargains and Sales of divers and sundry Mannors Lands and Tenements § 1. N. 4. had and made between party and party have been made frustrate and void for lack of sufficient Inrolment of the Bargains and Sales to be had and made by the Clerks of the Peace to the great hindrance of Iustice and to the Disinheritance of divers of the Kings most Loving Subjects § 2. N. 1. For Reformation whereof Ability to the intent that Iustice may be the better hereafter preserved and that the same Offices may hereafter be occupyed and exercised by such persons learned in the Laws of this Realm as shall be able to exercise and supply the same § 2. N. 2. Be it Enacted by the King our Soveraign Lord Prerog with the Assent of the Lords Spiritual and Temporal and of the Commons in this present Parliament assembled and by Authority of the same that no person or persons shall from henceforth be nominated and appointed to the said Office and Offices of the Custos Rotulorum within any Shire of this Realm of England Wales and other the Kings Dominions Marches or Territories of the same but such as shall have a Bill signed with the Kings hand for the same 3 4 Ed. 6. Cap. 1. § 2. N. 3. Which Bill signed Chancery shall be a sufficient Warrant by the Authority abovesaid to the said Lord Chancellor of England and the Lord Keeper of the Great Seal for the time being to make from time to time Commission or Commissions assigning and authorizing thereby the same person to be Custos Rotulorum untill the King hath by another Bill assigned with his own hand appointed and ordained one other person to have occupy and exercise the same Office of Custos Rotulorum 3 4 Ed. 6. Cap. 1. § 1. N. 2. § 2. N. 4. And that the said person appointed and Assigned to be Custos Rotulorum as is abovesaid shall and may occupy Patents exercise and enjoy the same Office of Custos Rotulorum by himself or by his sufficient Deputy learned in the Laws of this Realm and meet and able to supply the said Office according to the tenor of the said Grant or Commission 3 4 Ed. 6. Cap. 1. § 1. N. 3. § 3. N. 1. And be it further Enacted by the Authority of this present Parliament Peace that every Custos Rotulorum for the time being shall at all times hereafter in every Shire of this Realm Wales and other the Kings Dominions Marches and Territories of the same nominate elect appoint and assign all and every person and person which hereafter shall be Clerks of the Peace within any of the said Shires of this Realm of England Wales and other the Kings Dominions Marches and Territories of the same § 3. N. 2. And to give and grant the said Office and Offices of Clerkship of the Peace Officer to such able persons instructed in the Laws of this Realm as shall be able to exercise and occupy the same to hold and enjoy the same during the term that the said Custos Rotulorum shall occupy and exercise the said Office of Custos Rotulorum so that the said Clerk demean him in the said Office justly and honestly § 3. N. 3. And that it be lawful to every such Grantors of the said Clerkship Deputy to occupy and enjoy the same Office of the Clerkship of the Peace by himself or by his sufficient Deputy instructed in the Laws of this Realm so that the same Deputy be admitted taken and reputed by the said Custos Rotulorum be sufficient and able to exercise occupy keep and enjoy the same Office of the Clerkship of the Peace § 4. N. 1. Provided always and be it Enacted by the Authority aforesaid Patents that all such as now have any of the said Offices of Custos Rotulorum or Clerkship of the Peace by the Kings Letters Patents of Commission to them made shall and may enjoy have and exercise their said Offices by vertue of the same Letters Patents or Commission by themselves or by their sufficient and able Deputy instructed in the Laws of this Realm any thing in this present Act had or made to the contrary notwithstanding § 5. N. 1. Provided also and be it Enacted by Authority abovesaid Franchise that the Arch-Bishop of York the Bishop of Durham the Bishop of Ely and every of their Successors and all and every such person and persons Corporations and Bodies Corporate to whom the Kings Majesty or any of his Noble Progenitors by his or
â—â—â—r Provided always and be it Enacted by the Authority aforesaid § 9. N. 5. that after the death of every such Copy-holder Customary-holder or Farmer as so shall offend and forfeit any of their said Copy-holds Customary-holds or Farms as is aforesaid that then all and every such person and persons as should or ought to have had the said Copy-holds Customary-holds or Farms after or by the death of such Copy-holder Customary-holder or Farmer in case such Copy-holder Customary-holder or Farmer had not so offended ne forfeited shall and may have the same Copy-holds Customary-holds and Farms by Entry Action Admission or otherwise in like Manner Form and Condition and by such Ways and Means as they and every of them should might or ought to have had if no such Forfeiture or Offence had been had done or committed 1 Mar. 1. St. 2. Cap. 12. § 10. N. 1. § 10. N. 1. And furthermore it is Ordained and Enacted by the Authority aforesaid that if any person or persons after the said twelfth day of February Coron by open Word or Deed shall procure or stir any other person or persons to arise or make any Traiterous or Rebellious Assembly to the intent to do exercise or put in ure any of the things above mentioned that then every person so procuring moving or stirring any other shall therefore be deemed and adjudged a Felon and suffer pains of Death and forfeit his Goods Cattels Lands and Tenements as in Cases of Felony 1 Mar. 1. St 2. Cap. 12. § 19. N. 1. §. 10. N. 2. And shall also lose the Benefit of his Clergy and Sanctuary Clergy § 11. N. 1. And also be it further Enacted by the Authority aforesaid Imprisonment that if any person or persons which at any time after the same day shall be spoken unto moved or stirred to make any Commotion Insurrection or unlawful Assembly for any of the intents above mentioned and do not within twenty four hours next after he or they shall be so spoken unto moved or stirred unless he shall have a good and reasonable cause of excuse declare the same to one Iustice of Peace or Sheriff of the said County or to the Mayor Sheriffs Bailiff or Bailiffs or other head-Officer of any City or Town-Corporate where such speaking motion or stirring shall be had shall suffer Imprisonment until he shall be discharged by three Iustices of Peace of the same Shire where the Offence shall be whereof one of the said Iustices shall be of the Quorum 1 Mar. 1. Stat. 2. Cap. 12. § 11. N. 1. § 12. N. 1. And it is Ordained and Enacted by the Authority abovesaid Imprisonment that if any person or persons being above the age of eighteen years and under the age of forty years being able to serve and not sick lame or impotent shall be required by any Iustice of the Peace or any Sheriff of any County where any such Assembly shall be or by any Mayor Bailiff or other Head-Officer of any City Borough or Town-Corporate or by any other by the Commandment of any such Iustice of Peace Sheriff Mayor Bailiff or other Head-Officer to go with him or them to suppress the persons unlawfully assembled in manner and form aforesaid that then every person so being able and required do willingly and obstinately refuse so to do shall suffer Imprisonment of his Body for one year without Bail or Mainprize 1 Mar. 1. Stat. 2. Cap. 12. § 12. N. 1. § 12. N. 2. And make Fine and Ransom at the Kings Will and Pleasure Amercements § 13. N. 1. Provided always and be it Enacted by the Authority aforesaid that if the King shall by his Letters Patents make any Lieutenant in any Countiy or Counties of this Realm for the suppressing of any Commotion Rebellion or unlawful Assembly War that then all Iustices of Peace of every such County and the Sheriffs and Sheriff of the same as all Mayors Bailiffs and other Head-Officers and all Inhabitants and Subjects of any County City Borough or Town-Corporate within every such County shall upon the Declaration of the said Letters Patents and Request made be bound to give attendance upon the same Lieutenant to suppress any Commotion Rebellion or unlawful Assembly unless he or they being so required have any reasonable excuse for his not attendance upon pain of Imprisonment of one whole year 1 Mar. 1. St. 2. Cap. 12. § 13. N. 1. § 14. N. 1. And be it further Enacted by the Authority aforesaid Notice that the Order and Form of the Proclamations that shall be made by the Authority of this Act shall be as hereafter followeth or with the like order and words in effect that is to say the Iustice or other person Authorized by this Act to make the said Proclamation shall make or cause to be made in Oyes and after that shall openly pronounce or cause to be pronounced these words or the like in effect 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Peace The King our Soveraign Lord § 14. N. 2. chargeth and commandeth all persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawful Business upon the Pains contained in the Act lately made against unlawful and rebellious Assemblies and God save the King 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Forfeiture Provided always and be it Enacted by the Authority aforesaid § 15. N. 1. that if any person or persons do or shall molest let hinder or hurt any person or persons that shall proclaim or go to proclaim according to the Proclamation and Order made in the Statute aforesaid whereby such Proclamation shall not be made that then all and every such person and persons so molesting letting hindring or hurting and all and every such person and persons Offender or Offenders to whom any such Proclamation or Proclamations should or ought to be made to the intent aforesaid shall incur and be in like Danger and suffer like Pain or Pains and Forfeitures as aforesaid in every of their Degrees as though the Proclamation had been made any Clause Article or Sentence heretofore in this Act included made to the contrary notwithstanding 1 Mar. 1. St. 2. Cap. 12. § 15. N. 1. Days And be it Enacted by the Authority aforesaid § 15. N. 2. that this Act shall be openly read at every Quarter Sessions 1 Mar. 1. St. 2. Cap. 12. § 16. N. 1. Franchise Saving to the Bishop of Durham and Bishop of Ely § 15. N. 3. and all other that have Charter of the County Palatine and to their Successors the year day and waste in such sort as by the said Charter they had or ought to have had the same if this Act had never been had ne made this Act or any thing therein contained to the contrary notwithstanding 1 Mar. 1. St.
authorized to minister the said Oath to any c. that can or will justifie the same being within the limits of their said Commission Imprisonment And for want of sufficient Distress viz for the Penalties § 3. N. 3. c. the Party c. offending to be by the Mayor Bailiff or other Head-Officer or Iustice c. committed to the Common-Goal there to remain until the said Penalty c. be truly paid Franchise Provided always and be it Enacted § 6. N. 1. c. that the Correction and Punishment of such as shall offend against this Act or any part thereof within either of the two Vniversities of this Realm or the Precincts or Liberties of the same shall be done upon the Offenders and Iustice shall be administred in this behalf according to the intent and true meaning of this Law by the Governors Magistrates Iustices of the Peace or other Principal Officers of either of the same Vniversities to whom in other Cases the Admission of Iustice and Correction and Punishment of Offenders by the Laws of this Realm and their several Charters doth belong or appertein Leather And for the better Execution of this Act viz. of Tanners Curryers C. 22. § 5. N. 1. Cord wayners Shoe-makers Sadlers Coachmakers c. be it further Enacted that all Iustices of Assize Iustices of Goal-delivery Iustices of Peace and Stewards of Franchises Leets and Law-days within their several Iurisdictions and Liberties Precincts Offices and Authorities shall inquire of all the Premises in their Sessions Leet or Law-day and hear or determine the same and also by their discretions examine all persons suspected to offend this Act or any parcel thereof 5 Eliz. Cap. 8. § 40. N. 1. Fowl And the same Offence c. viz. destroying Phesant Partridge C. 27. § 2. N. 1. c. with Guns or Bows or Nets or Setting Dogs c being prooved by the Confession of the Party or by the Testimony of two sufficient Witnesses upon Oath before two or more Iustices of the Peace of the same County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of Peace for every such Offence committed c. for three Months c. unless the said Offender do or shall forthwith upon the said Conviction pay c. to the use of the Poor of the same Parish the sum of 20 s. for every Phesant Partridge House-dove Pidgeon Hern Mallard Duck Teale Widgeon Goose Heath Rook More-game or any such Fowle and for every Egg of Phesant Partridge or Swans and for every Hare which any and every such person c. shall take kill or wilfully destroy contrary to the true purport c. of this Statute § 5. N. 2. And that all Iustices of Assize in their several Circuits Justices and all Iustices of Peace in their general Quarter Sessions and any two Iustices of Peace or more together out of any Sessions shall and may by force of this present Act have full Power and Authority to examine hear punish and determine all Offences to be committed against this present Statute and to administer Oath as aforesaid and perform and execute all and every Act and Thing fit or requisite for the due Execution of this present Act. § 7. N. 1. And be it also further Enacted c. that it shall and may be lawful Licence to and for every person c. keeping any Hawk c. which at the general Quarter Sessions of the County where he and they shall dwell and shall be licenced to shoot Hail-shot in Hand-guns or Birding pieces at Crow Chough Pye Rook Ringdove Iay or smaller Birds for Hawks meat only to shoot and kill Hawks meat according to the said Licence only C. 29. § 3. N. 1. And be it further Enacted that all Iustices of the Peace Mayors Fish Bailiffs Head-Officers and Constables as well of Cities and Towns-Corporate as in every Counity of this Realm shall have Power and Authority by force of this Act yearly in the time of Lent to enter into all houses of Victuallers and common victualling houses within their Iurisdictions where such Offences viz. dressing Flesh contrary to 5 Eliz. Cap. 5 § 4. N. 1. shall be committed C. 31. § 2. N. 1. Be it therefore Enacted c. that the Mayors Bailiffs Poor Head-Officers and Iustices of Peace of every City Borough Town-Corporate and Places priviledged where any c. are or shall be or any two of them shall have Power and Authority from time to time to tax and assess all and every Inhabitant and all houses of Habitation Lands and Tenements within the said City c. or the Liberties or Precinets thereof at such reasonable Taxes and Payments as they shall think fit for the reasonable relief of such persons infected or inhabiting in houses and places infected in the same Cities Boroughs Towns-Corporate and Places previledged 3 Jac. 4. §. 3. N. 5 And viz the Forfeiture for Recusants not receiving the Sacrament Religion c. to be recovered in any of the Kings Courts of Record at Westminster or before Iustices of Assize or Goal-delivery or before Iustices of Peace at their general Quarter Sessions by Action of Debt Bill Plaint or Information wherein no Essoyn Protection or Wager of Law shall be allowed § 4. N. 1. And be it further Enacted Indictment c. that the Church-wardens and Constables of every Town Parish or Chappel for the time being or some one of them or if there be none such then the Chief Constables of the Hundred where such Town Parish or Chappel is or shall be or one of them as well in Places Exempt as not Exempt shall once in every year present the Monthly absence from Church of all and all manner of Popish Recusants within such Towns and Parishes § 4. N. 2. And shall present the Names of every of the Children of the said Recusants being of the Age of nine years and upwards Infant abiding with their said Parents and as near as they can the Age of every of the said Children as all the names of the Servants of such Recusants at the general or Quarter Sessions of that Shire Limit Division or Liberty § 5. N. 1. And be it further Enacted Peace c. that all such Presentments shall be accepted entred and recorded in the said Sessions by the Clerk of the Peace or Town-Clerk for the time being or his Deputy without any Fee to be had asked or taken for the same § 7. N. 1. And be it further Enacted Pope c. that the Iustices of Assize and Goal-delivery at their Assizes and the said Iustices of Peace at any of their said Sessions shall have Power and Authority by vertue of this Act to inquire hear and determine of all Recusants and Offences as well for not receiving the Sacrament
Statute shall be indicted tryed and proceeded against by and before the Iustices of Assize and Goal-delivery of that County for the time being or before the Iustices of the Court of Kings Bench c. § 27. N. 1. And be it further Enacted that if any Subject of this Realm Religion c. shall not resort or repair every Sunday to some Church Chappel or some other usual Place appointed for Common-Prayer and there hear Divine Service according to the Statute c. viz. 1 Eliz. Cap. 2. § 14. N. 1. that then it shall and may be lawful to and for any one Iustice of Peace of that Limit Division and Liberty wherein the said Party shall dwell upon proof unto him made of such Default by Confession of the Party or Oath of Witnesses to call the Party before him § 27. N. 2. And if he or she shall not make a sufficient Excuse and due proof thereof to the satisfaction of the said Iustice of Peace Proof that it shall be lawful for the said Iustice of Peace to give Warrant to the said Church-warden of the said Parish wherein the Party shall dwell under his Hand and Seal to levy 12 d. for every such Default by distress and sale of the Goods of every such Offender c. § 27. N. 3. And that in default of such distress Justices it shall and may be lawful for the said Iustice of Peace to commit every such Offender to some Prison within the said Shire Division Limit or Liberty wherein such Offender shall be inhabiting until payment be made of the said sum or sums so to be forfeited § 36. N. 2. And all Offences other than Treason shall be inquired Offence heard and determined before the Iustices of Peace in their general or Quarter Sessions to be holden within the Shire Division Limit or Liberty wherein such Offence shall happen C 〈…〉 § 1. N. 5. And such person so discovering the same viz. any Recusant Pope or other which shall entertain or relieve any Jesuit Seminary Popish Priest or any Mass to any Justice of Peace after Conviction of the Offender shall have a Certificate from the Iudges or Iustices of Peace before whom such Conviction shall happen to be directed to the Sheriff or other Officer of the same County Limit or Place that shall seise the Goods or levy the said Forfeiture commanding the said Sheriff or other Officer to pay the same viz. Fifty Pounds to him that so discovered the same out of the monies to be levyed by vertue of the said Forfeitures c. Licence And if any of the persons which are so confined viz. Popish Recusants c. shall have necessary occasion or business to go and travail out of the compass of the said five Miles that then and in every such Case § 7. N 2. upon Licence in Writing in that behalf to be gotten under the Hands and Seals of four of the Iustices of Peace of the sane County Limit Division or Place next adjoyning to the Place of abode of such Recusant with the Privity and Assent in Writing of the Bishop of the Diocess or of the Lieutenant or of any Deputy Lieutenant of the same County residing within the said County or Liberty under their Hands and Seals Oath It shall and may thereupon be lawful for every such person so licenced § 7. N. 4. to go and travail about such their necessary business and for such time only for their travailing attending and returning as shall be comprized in the said Licence the said Party so licenced first taking his Corporal Oath before the said four Iustices of Peace or any of them who shall have Authority by vertue of this Act to punish the same that he hath truly informed them of the cause of his Iourny and that he shall not make any causeless stays Ouster le mere Be it further Enacted § 17. N. 2. c. that if any of the said persons viz. Popish Recusants no Merchants Factors Apprentices Souldiers nor Mariners so gone beyond the Seas without Licence which are not yet returned shall not within six Months next after their return into this Realm then being of the Age of eighteen years or more take the Oath c. viz. of Allegiance before some Iustice of Peace of the County Liberty or Limit where such person shall inhabit or remain that then every such Offender shall take no Benefit by any Gift Conveyance Discent Devise or otherwise of or to any Lands Tenements Hereditaments Goods or Chattels until he or they being of the said Age of eighteen years or above take the said Oath Justices And that it shall be lawful for any two Iustices of Peace within the Limits of their Iurisdiction or Authority and to all Mayors § 26. N. 1. Bailiffs and chief Officers of Cities and Towns-Corporate in their Liberties from time to time to search the Houses and Lodgings of every Popish Recusant convict or of every person whose Wife is or shall be a Popish Recusant convict for Popish Books and Reliques of Popery Pope And that if any Altar Pix Beads § 26. N. 2. Pictures or such like Popish Reliques or any Popish Book or Books shall be found in their or any of their Custody as in the Opinion of the said Iustices Mayor Bailiffs or Chief-Officer as aforesaid shall be thought unmeet for such Recusant as aforesaid to have or use the same shall be presently defaced and burnt if it be meet to be burned Religion And if it be a Crucifix or other Relique of any Price § 26. N. 3. the same to be defaced at the general Quarter Sessions of the Peace in the County where the same shall be found and the same so defaced to be restored to the Owner again War And be it also Enacted c. that all such Armor § 27. N. 1. Gun-powder and Munition of whatsoever kinds as any Popish Recusant convict within this Realm of England hath or shall have in his house c. or elsewhere or in the Hands or Possession of any other at his or their disposition shall be taken from such Popish Recusant by Warrant of four Iustices of Peace at their general or Quarter Sessions to be holden in the same County where such Popish Recusant shall be resident other than such necessary Weapons as shall be thought fit by the said four Iustices of Peace to remain and be allowed for the defence of the person or persons of such Recusant or for the defence of his her or their house or houses Justices And that the said Armor and Munition so taken § 27. N. 2. shall be kept and maintained at the Costs of such Recusants in such places as the said four Iustices of Peace at their said Sessions of Peace shall set down and appoint § 28. N. 1. And be it further enacted c. that if any such
sometimes do falsely take upon them the names of other men of good ability of purpose to enable themselves to be accepted for Bail which persons being of small or no ability or worth are ready for Lucre and Gain to become bound by Recognizance as Sureties for such persons as shall procure themselves to be bound to the Peace or Good-behavior as aforesaid by means whereof the Iudge or Iudges of the said Courts not knowing them may be easily abused and Iustice deluded Coron Be it therefore Enacted by the Authority aforesaid § 5. N. 1. that the Iudge or Iudges of the Courts aforesaid respectively or either of them upon proof of any the misdemeanors aforesaid to be committed in the obtaining of the aforesaid Writs of Supersedeas or procuring such Sureties as aforesaid shall and may likewise punish the false and insufficient Sureties and Bailers aforesaid and the Procurors thereof according to their discretions so as such Punishment extend not to the loss of Life or Member Indictment And whereas divers Bills of Indictments of Riot § 6. N. 1. forcible Entry or of Assault and Battery being found before the Iustices of Peace at the Quarter Sessions of the Peace or otherwise are oftentimes removed from the Counties where such Indictments are found by Writs of Certiorari unto them directed out of the said Courts by or by the means of the persons so indicted who well know that few or no persons grieved by such their Outrages and Misdemeanors whereof they stand so indicted will undergo the travail or charge of Prosecution of such Indictment so removed by bringing the Parties so indicted to tryal by means whereof such Offenders for the most part escape unprosecuted or unpunished and the King loseth the Fines which ought and should have been imposed upon them if such Iudgements had been prosecuted and not removed § 7. N. 1. Be it therefore Enacted Certiorari that all such Writs shall from and after the end of this present Session of Parliament be delivered at some Quarter Sessions of the Peace in open Court § 7. N. 2. And that the Parties indicted Bail shall before the allowance of such Certioraries become bound unto such person or persons which shall prosecute such Bills of Indictment against them in the sum of ten pounds with such sufficient Sureties as the Iustices of Peace at their Quarter Session of the Peace shall think fit with Condition to pay unto the said Prosecutors of such Bills of Indictment within one Month after the Conviction of such Parties indicted such reasonable Costs and Damages as the said Iustices of Peace of such Counties where such Bills of Indictment shall be found in the said Sessions of the Peace shall assess or allow § 7. N. 3. And that in Default thereof Certiorari it shall be lawful for the said Iustices to proceed to Tryal of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding C. 12. § 4. N. 1. And whereas notwithstanding the said Statute viz. 7 Jac. Cap. 5. § 1. N. of Justice of Peace pleading the General Issue Justices and giving special matter in Evidence the Plaintiff is at liberty to lay his Action which he shall bring against any Iustice of Peace or other Officer in any Foreign County at his choice which hath proved very inconvenient unto sundry c. that have been impleaded by some contentious and troublesome persons in Counties far remote from their place of Habitations § 5. N. 1. Be it therefore Enacted c. that if any Action Bill Information Plaint or Suit upon the Case Trespass Battery or false Imprisonment shall be brought c. against any Iustice of Peace Mayor or Bailiff of City or Town-Corporate Head-borough Portreeve Tythingman Constable Collector of Subsidy or Fifteens Church-wardens and persons called Sworn-men executing the Office of Church-warden or Overseer of the Poor and their Deputies or any of them or any other which in their Aid and Assistance or by their Commandment shall do any thing touching or concerning his or their Office c. for or concerning any Matter Cause or Thing by them or any of them done by vertue or reason of their or any of their Office c that the said Action c. shall be laid within the County where the Trespass or Fact shall be done and committed and not elsewhere Cap. 15. Be it Enacted c. that such Iudges Force Iustices or Iustice of Peace as by reason of any Act c. viz. 5 Rich. 2. Cap. 7. 15 Rich. 2. Cap. 2. 8 H. 6. Cap. 9. 31 Eliz. 11. c. now in force are authorized and enabled upon Inquiry to give Restitution of Possession unto Tenants of any Estate of Free-hold of their Lands or Tenements which shall be entred upon with Force or from them witholden by force shall by reason of this present Act have the like and the same Authority and Ability from henceforth upon Indictment of such forcible Entries or forcible witholdings before them duely found to give like Restitution of Possession unto Tenants for term of years Tenants by Copy of Court-Roll Gardians by Knights Service Tenants by Elegit Statute-Merchant and Staple of Lands or Tenements by them so holden which shall be entred upon by force or holden from them by force C. 18. § 4. N. 3. It shall be lawful for any two or more Iustices of the Peace within the County or within the City Drapery Borough or Town-Corporate where such deceivable Cloth viz. with Flocks Thrums Noyles and Hairs c. shall be made or suspected to be made upon Information or Complaint of any of the said Overseers c. Searchers or any other of their Knowledge or Suspition of any such Offence to grant their Warrant to call before them any person or persons whatsoever that shall be thought in their discretions fit to discover any such Offence Proof And to examin upon Oath such person § 4. N. 4. c. for the tryal and better finding out of the Offence aforesaid and if upon Examinations it shall be found by Testimony of two Witnesses or more or by the Confession of the Party or Parties offending that any such Offence c. have been committed as aforesaid then the Party c. that shall so confess his or their said Offence c. or who shall be found to have offended shall remain convicted of such his Offence c. Certificate And that then it shall and may be lawful for the said two Iustices § 4. N. 5. to certifie such Offence c. unto the Church-wardens and Overseers for the time being of the Poor of the Parish c. where such deceivable Cloth c. shall be made under the Hands and Seals of the said Iustices Process And be it further Enacted § 5. N. 1. c. that immediately from and after such Certificate
shall be delivered to any of the Church-wardens and Overseers of the Poor of any Parish c. where such Offender c. shall dwell and Warrant by them viz. the two Justices made to the said Overseers and Church-wardens for the levying of the said Forfeiture it shall and may be lawful to and for the said Church-wardens and Overseers for the time being or any of them or for the Successor c. of them c. to levy the sum c. which by the said Certificate and Warrant shall appear to be forfeited by way of Distress and Sale c. Imprisonment And in defect of such Distress § 5. N. 2. it shall be lawful to and for the said two Iustices of Peace to commit the Party c. so certified to have offended to the Common-Goal there to remain without Bail or Mainprize until Payment shall be made of the said sum c. Pleading And that if any Action c. shall § 5. N. 3. c. hereafter happen to be brought or commenced against any person c. for taking of such Distress c. or for or about any matter or thing concerning the same that then it shall and may be lawful to and for every such person c. against whom such Action c. shall be brought c. to plead the General Issue and give in Evidence and to be allowed double costs in every respect and degree as by the Statute c. viz. 7 Jac. Cap. 5. is already Provided and Enacted Forfeitures And be it further Enacted § 12. N. 1. c. that all Penalties and Forfeitures for want of length breadth and weight of Cloth c. limited by any former Act now in force or by this present Act shall be distributed into three equal parts whereof one third part shall be unto the said Overseers and Searchers finding and certifying the said Default of length breadth and weight as aforesaid to be recovered by them at or in the General Quarter Sessions of the Peace to be holden for the County City or Town-Corporate where the Offence therein shall happen to be done or committed by Action of Debt Bill Plaint or Information wherein no Essoyn Protection Previledge or Wager of Law shall be allowed Bankrupts And be it further Enacted C. 19. § 7. N. 1. c. that if any Bankrupt shall upon his or her Examination or Examinations to be taken before the said Commissioners executing the said Commission be found fraudulently or deceitfully to have conveyed away his or her Goods Chattels Lands Tenements Offices Fees Rents or Annuities or other Estate or any part thereof to the value of twenty pounds or above to the end and purpose to hinder the Execution of this Statute or of any other the aforesaid Statutes viz. 13 Eliz. Cap. 7. 1 Jac. Cap. 15. c. or thereby to defraud delay or hinder his or her Creditors of the same and shall not upon his or her Examination discover unto the said Commissioners and if it lye in his or her Power deliver unto the said Commissioners all that Estate Goods and Chattels so fraudulently and deceitfully conveyed away as aforesaid or by him or her his or her means kept or detained from the said Commissioners or that cannot make it appear unto the said Commissioners that he or she hath sustained some casual loss whereby he or she is disabled to pay what he or she then owed shall or may be indicted for such fraud or abuse at the Assizes or General Sessions to be holden before the Iudges of Assize or Iustices of Peace of the County or Place where he or she shall become Bankrupt § 7. N. ◠Coron And if upon such Indictment or Indictments the Bankrupt be thereof convicted he or she so convicted shall be set upon the Pillory in some publick place for the space of two hours and have one of his or her Ears nailed to the Pillory and cut off C. 20. § 1. N. 2. And that if any c. shall c. offend herein Oath viz. in prophane swearing or cursing either in the hearing of any Iustice of Peace of the County or of any Mayor Iustice of Peace Bailiff or Head-Officer of any City or Town-Corporate where such Offence is or shall be committed or shall thereof be convicted by the Oaths of two Witnesses or by the Confession of the Party before any such Iustice of Peace c. where such Offence is or shall be committed to which end every Iustice of Peace and every such Head-Officer shall have Power by this Act to minister the same Oath that then every such Offender shall for every time so offending forfeit and pay to the use of the Poor of that Parish where the same Offence is or shall be committed the sum of twelve pence § 1. N. 3. And it shall also be lawful for the Constable Process Church-wardens and Overseers of the Poor of that Parish by Warrant from such Iustice of Peace or Head-Officer to levy the same c. by Distress and Sale c. § 1. N. 4. And in discharge of such Distress the Offender Infant if he or she be above the Age of twelve years shall by Warrant from such Iustice of the Peace or Head-Officer be set in the Stocks by three whole hours but if the Offender be under the Age of twelve years and shall not forthwith pay the said sum of twelve pence then he or she by Warrant of such Iustice of Peace or Head-Officer shall be whipped by the Constable or by the Parent or Master in his presence § 2. N. 1. And be it further Enacted Pleading that if any such Offender shall commence any Suit in Law against any Officer or other for such distraining Sale of Goods whipping or setting in the Stocks the Defendant c. may plead the general Issue and give the special Matter in Evidence c. and if it be found against the Plaintiff or that the Plaintiff be nonsuit the Defendant c. shall be allowed good costs to be taxed by the Court. § 3. N. 1. Provided nevertheless Days that every Offence against this Law shall be complained of and Proved as abovesaid within twenty days after the Offence committed C. 21. § 4. N 1. And be it further Enacted Corn. c. that if the Horse-bread which any of the said Hostlers or Inholders shall make be not sufficient lawful and of due Assize according to the Price of Grain and Corn as abovesaid or that if any of them shall offend in any thing contrary to this Act then the Iustices of Assize Iustices of Oyer and Terminer Iustices of the Peace in every Shire Liberty or Franchise within this Realm Sheriffs in their Turns and Stewards in their Leets and Law-days shall have full Power and Authority to inquire hear and determine the said Defaults and Offences of the said Hostlers 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 puâ—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
Poor that it hath been resolved that a Bastard-child of persons able to keep it and not like to be chargable to the Parish is not within 18 Eliz. 3. § 2. N. 2. and a reputed Father is to be adjudged by the two next Justices of the Peace or the Sessions Justices XXIX 1 Cr. 470. in Slater's Ca. Pasch 13 Car. 1. B. R. Resolved by the whole Court 1st That before 3 Car. 1. 4. 5. § 15. N. 2. the Justices at the Sessions had no authority to meddle in the case of Bastardy till the two next Justices according to 18 Eliz. 3 § 2. N. 2. had made an order therein and that then and not before the party refusing to perform the order and upon giving reasonable Security to appear at the next Sessions and abide such order as the Justices there or the more part of them should make c. the Justices at the Sessions might make a new order c. otherwise nor Dalt 25. 37. supra § 16 17. 2 Bulstr 324. pl. 238. Sessions XXX 1 Cr. 470. ibid. in Slater's Ca. Resolved 2dly That by the Statute 3 Car. 1. 4. 5. § 15. N. 2. The Justices of the Sessions have power and authority originally to make an order in the case of Bastardy For the words are That all Justices of the Peace within their several Limits and Precincts and in their several Sessions may do and examine all things concerning that part of the Stat. 18 Eliz. 3. § 2. touching Bastards c. that by the Justices of the Peace in the several Counties were by the said Stat. limited to be done And therefore the first order made by the Sessions was in this case good and legal and the second order made by the two next Justices void and could not alter or revoke the order which was first made by good authority c. Errour XXXI 1 Cr. 471. ibid. Slater's Ca. 3dly Resolved That an Error in part viz. committing the Mother for life for the first Offence and in that part of the Order which only concerned her should not vitiate the whole Order Poor XXXII 13 14 Car. 2. 12. § 19. N. 2. That it shall and may be lawful for the Churchwardens and Overseers for the Poor of such 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 or Profits of the Lands of such putative Father or Lewd Mother as shall be ordered by any two Justices 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 Women XXXIII 4 Co. 17. in Ann Davies Ca. If a Feme hath a Bastard she is punishable by 18 Eliz. 3. and though Fornication or Avowtry be not examinable by our Law because they are done in secret and peradventure are uncomly to be publickly examined yet the having of a Bastard is a thing apparent and examinable by the said Act. Process XXXIV Dalt 355 356. cap. 121. A Warrant for the reputed Father of a Bastard-child Cumb. ss WHereas complaint hath been made to me by K. I. of your said Town single woman That she is gotten with child by one T. S. also of your Town Butcher These are thetefore to will and require you and in His Majesties Name to charge and command you and either of you That presently upon the receipt hereof you attach the body of the said T. S. and thereupon to bring him before me or some other of His Majesties Justices of the Peace for this County to find sufficient Sureties as well for his appearance at the next General Sessions of the Peace to be holden for this County as also for his good behaviour towards His Majesty and all his Leige-people in the mean time and hereof fail you not as you will answer the contrary at your perils Dated c. Dalt 37. in § supra XXXV Dalt 356. ibid. Where a Maid-servant is gotten with child Poor and from thence sent to her place of birth FOrasmuch as J. M. Essex ss for the space of _____ years now last hath dwelt in the Parish of W. in the County of E. and being there settled in service with c. was gotten with child and being so with child now sent or conveyed to the Town of B. under colour that she was there born to the burthening of the said Town and contrary to Law These are therefore in His Majesties Name to charge and command you safely to convey the said J. to W. aforesaid there to be set on work or otherwise to be provided for according to the Law and that you deliver and leave or offer to leave the said J. to and with some one of the Churchwardens and Overseers for the Poor of the Parish of W. aforesaid and hereof fail you not c. Dalt 97. cap. 40. XXXVI Dalt 384. cap. 125. A Mittimus to the Goal Imprisonm of the reputed Father of a Bastard-child c. I Send you herewithal the body of R. C. of C. Labourer Cambr. ss brought before me this present day and charged by F. S. of the same Town to have gotten her with child and for that the said R. refuseth to put in Security for his appearance at the next Quarter-Sessions and to the end he may be forth-coming when as order shall be taken for the relief and discharging the said Town of B. and for the keeping of the said Child when it shall happen to be Lorn according to the Statute in that Case provided These are therefore on the Kings Majesties behalf to charge and command you That immediately you receive the said R. C. and him safely to keep in your said Goal until such time as he shall be from thence delivered by due order of Law and hereof fail you not as you will answer your contempt at your peril Dated c. XXXVII Dalt 385. cap. 125. Poor A Mittimus to the House of Correction for one that runneth away leaving her Charge to the Town WE have sent you herewithal the body of I. K. of W. single woman Cambr. ss being lately delivered of a Child and one that is able to labour and thereby to relieve her self and her said Child and hath notwithstanding lately run her away and left her Child upon the Parish to the charge of the same Parish contrary to the Statute in that behalf provided These are therefore to will and require you to receive the said I. K. and her safely to keep until the next Quarter-Sessions to be holden for this County and in the mean time to hold her to such works and to give her such due Correction by moderate whipping or otherwise as shall be fitting in your discretion and according to the Law in that behalf provided yielding her for her maintenance only so much as she shall deserve
cap. 17. The Sheriff or Bayliff c. may take the power of the County to Replevie Cattle driven into Castle Process II. 13 Ed. 1. W. 2. cap. 39. § 1. N. 25. And if Resisters of the Kings Process Retorn by the Sheriff be convict of such resistance they shall be punished at the Kings pleasure neither shall any Officer of the Kings meddle in assigning the punishment for our Lord the King hath reserved it specially to himself because that resisters have been reputed disturbers of his Peace and of this Realm Entry III. Lambert 2. cap. 4. pag. 135. It seemeth that before the troublesome Reign of King Richard the Second the Common Law permitted any person which had good Right or Title to enter into any Land to win the possession thereof by force if otherwise he could not have obteyned it Crom. 67. b. § 1. 7 H. 6. 13. Forcible Entry Br. 2. Crompton 65. b. § 61. Boult 1. cap. 29. pag. 121. Dalt 193. cap. 76. Disseisor IV. Lambert 135. For a man may see in Britton 115. cap. 44. Bract. 162. b. 163. a. That a certain respite of time was given to the Disseisee according to his distance and absence in which it was lawfull for him to gather Force Arms and his Friends and to throw the Disseisor out of his wrongfull possession Trespass V. Lamber 135 136. And at this day if in a Common Action or Indictment of Trespass for entring into Lands the Defendant will make Title thereunto the matter of the Force alledged against him will rest altogether upon the validity of his Title as appeareth 7 H. 6. 13. 40. Lambert 147 148. 9 H. 6. 19. Forcible Entry Br. 18. Dalt 193. cap. 76. Boult 1. cap. 29. pag. 122. § 2. Entry VI. Lambert 136. But after the rebellious tumult and Insurrection of the Villains and other the base Commons which happened 4 Rich. 2. the Parliament thinking it necessary to provide against all such occasions of further Sedition Uproar and breach of Peace did ordain among other things 5 Rich. 2. 7. That none from henceforth make any Entry into any Lands and Tenements but in Case where Entry is given by the Law 2. And in such Case not with strong Hand nor with multitude of People but only in Peaceable and easie manner 3. And if any man from henceforth do the contrary and thereof be duly Convict he shall be punished by Imprisonment of his body and thereof Ransomed at the Kings will Crompt 67. b. § 2. Boult 112. cap. 29. § 3. Justices VII Lambert 136 137. But because 5 R. 2. 7. provided no speedy remedy in this poinr nor extended to holding with force nor left any special power therein to the Justices of the Peace in the Country whereas the experience of that unquiet time required a more ready hand to the supression of such disorder and Justices of the Peace were then 13 R. 2. 7. newly chosen in all the Counties of England therefore it was further enacted 15 Rich. 2. 2. § 1. N. 2. that at all times that such forcible Entry shall be made and complaint thereof cometh to the Justices of Peace or to any of them that the same Justices or Justice take sufficient power of the County and go to the place where such force is made 3. And if they find any that hold such place forcibly after such Entry made they shall be taken and put in the next Goal there to abide Convict by the Record of the same Justices or Justice untill they have made Fine and Ransom to the King 4. And that all the people of the County as well the Sheriff as other shall be attendant upon the same Justices to Arrest such Offenders upon pain of Imprisonment and to make Fine to the King 5. And in the same manner it shall be done of them that make such forcible Entries in Benefices or Offices of Holy Church Crompt 67. b. § 3. Boult 122. cap. 29. § 4. Dalt 194. cap. 76. VIII Lambert 137 137. But yet again Restitution forasmuch as 15 R. 2. 2. did not extend to those that entred Peaceably and then held with Force 2. nor yet reached to the Offendors if they were removed before the coming of the Justices 3. Nor made restitution of the Possession so forcibly gotten 4. Nor gave any pain against the Sheriff that did not obey the Precepts of the Justices in this behalf it was ordained c. 8 H. 6. 9. § 2. N. 3. that where any doth make any forcible Entry in Lands and Tenements or other possession s or them hold forceably after complaint thereof made within the same County where such Entry is made to the Justices of Peace or to one of them by the party grieved that the Justices or Justice so warned within a convenient time shall cause or one of them shall cause the said Statute 15 R. 2. 2. duely to be executed and that at the Costs of the party so grieved Crompt 68. § 5. Boult 122. cap. 29. § 5. Dalt 194. cap. 76. 58. cap. 22. IX 8 H. 6. 9. § 3. N. 1. And moreover tho that such persons making such Entries be present or else departed before the coming of the said Justices or Justice notwithstanding the same Justices or Justice in some good Town next to the Tenements so entred or in some other convenient place according to their discretion shall have or either of them shall have Authority and power to enquire by the People of the same County as well of them that make such Forceable Entries in Lands and Tenements as of them which the same hold with force 2. And if it be found before any of them that any doth contrary to this Statute of 8 H. 6. 9. then the said Justices or Justice shall cause to reseise the Lands and Tenements so entred or holden as afore and shall put the party so put out in full possession of the same Lands and Tenements so entred or holden as before 3. And if any person after such Entry into Lands or Tenements holden with force make a Feoffment or other discontinuance to any Lord or other person to have maintenance or to take away and defraud the possessor of his recovery in any wise if after in Assize or other Action thereof to be taken or pursued before Justices of Assize or other the Kings Justices whatsoever by due enquiry thereof to be taken the same Feoffments and discontinuances may be duly proved to be made for maintenance c. that then such Feoffees or other discontinuances c. shall be void frustrate and holden for none X. 8 H. 6. 9. § 4. N. 1. And also when the said Justices or Justice 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 on the Kings behalf to cause to come before them and every of them sufficient
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
force that was in the Mannor of Drayton Basset and the Sheriff and divers of the Justices were fined Dalt 59. cap. 22. XXVI Crompt 68. b. § 5. Justices Though the Justices of Peace will not Record the Forcible Entry or Deteyner nor enquire thereof yet no pain is given by 15 R. 2. 2. nor by 8 H. 6. 9. but on complaint in the Star-Chamber they shall be punished c. Dalt 60. cap. 22. XXVII Crompt 71. § 44. If a House that is held with Force Lieu. extends into two Countreys and they remove the Force into that part of the House which is in the other County when the Justices come in this Case they cannot remove this Force Boult 123. cap. 29. § 12. XXVIII Dalt 57. cap. 22. § 3. Record Also the Justice ought to make a Record of such Force by him Viewed which Record shall be a sufficâ—â—nt Conviction of the Offendors and the parties shall not be allowed to Traverse it 8 Co. 122. 14 H. 7. 8. and this Record being made out of Sessions by a particular Justice the said Justice may keep by him or he may make it indented and certifie the one part into the Kings Bench or to leave it with the Clerk of the Peace and the other part he may keep himself Boult 123. cap. 29. XXIX Dalt 57. cap. 22. § 4. Also he ought to Commit immediately to the next Goal all such persons as he shall find and see Imprisonment continuing the Force at his coming to the Place c. For this sight and View of the Force by a Justice being a Judge of Record maketh his Record thereof as strong as if the offendors had confessed and touching the restraining of traverse more effectual than if the Force had been found by a Jury c. and yet the words of the Statute 15 R. 2. 2. § 1. N. 3. seem more large scil if he find any that made such Forcible Entry or hold with Force he shall Commit c. but such Force must be in the View or presence of the Justice of Peace or else he can neither Record it nor Commit the Offendors Dalt 60. cap. 22. 13 H. 7. Kell 41. pl. Boult 123 cap. 29. § 18. 19. XXX Dalt 197. cap. 77. But note that a Forcible Entry Br. 25. Entry cannot be without an actual Entry for the words of 8 H. 6. 9. § N. be Whosoever doth enter c. Dalt 200 c. Note also that if a man shall Enter with Force into House or Land although he obteineth not nor getteth the actual possession thereby yet shall he be Imprisoned and Fined for the only Entring with Force as it seemeth Dalt 201. c. but Restitution is not to be made but only where there is a putting out and a holding out of another out of his Possession Lambert 152. 153. Poult de Pace 39. § 22. XXXI Dalt 198. cap. 77. It seemeth that to threaten to maim beat Menace or to do other bodily harm c. amounteth to a Forcible Entry or deteiner for that Death may ensue upon such beating or hurt 39 H. 6. 50. 7 Ed. 4. 21. XXXII Lambert 2. cap. 4. pag. 151. But now forasmuch as 8 H. 6. 9. Enquest § 3. N. 2. hath provided restitution for the party that shall be put out of possession by such forcible Entry and for that no restitution can be made by the Justice of Peace but only upon the finding of the same putting out by the Oaths of the Enquirers let us consider the duty of the Justice c. Dalt 59. cap. 22. Crompt 166. Enquest XXXIII Lambert 152. ibid. Concerning the Enquiry Marrow noteth 1. That it is no cause to Impeach the Inquiry though the Justice do not go to see the place where the Force is and yet the words of 8 H. 6. 9. § 3. N. 1. are whether the persons be present or avoided before the Justice coming 2. That albeit the Letter of 8 H. 6. 9. § 4. N. 2. is that each Juror of this Inquiry ought to have Lands or Tenements of the clear yearly value of xl s. yet if any of the presenters have not so much Land the Presentment is good for the King but then saith he the party shall have no restitution by it if that matter be shewed at the time of the Restitution to be made howbeit I my self do not well perceive how the Restitution that the Justice of Peace ought to make upon such a presentment can be stayed save only by removing of the Record into B. R. or by alledging three years quiet possession 3. That if the Sheriffs shall Retorn smaller Issues upon the Enquirers than the Statute 8 H. 6. 9. § 4. N. 3. doth appoint yet the party shall never take advantage by it Dalt 209. cap. 80. 58. cap. 22. Crompt 165. b. Seisin XXXIV Lambert 153. Moreover it is not enough that the putting out be found unless the Indictment do also contain adhuc extra tenet without the which it may be thought that the other hath gotten in again aâ—â— then restitution shall be needless Crompt 163. b. 14 H. 6. 16 Forcible Entry Br. 13. Crompt 166. a. Dalt 210. cap. 81. Restitution XXXV Lambert 154. This Restitution ought to be made to him that is put out and to none other so that if the Father be put out by Force and Dyeth after the time of Enquiry and before Restitution his Heir shall not have Restitution upon it Dalt 213. cap. 83. 59. cap. 22. 206. cap. 79. Enquest XXXVI Lambert 164. The Precept to the Sheriff in nature of a Venire facias Kanc. ss G. R. unus Justiciar ' Domini Regis ad Pacem in Comitatu Kanc. conservand ' Assignat ' Vicecom ' ejusdem Comitatus salutem ex parte dicti Domini Regis tibi mando percipio quod venire facias coram me apud J. in Com' predict ' xx die Sept. proximum futurum xxiiij probos sufficientes legales homines de vicineto de J. predict ' quorum quilibet habet xl s. terrarum tenement ' vel redit ' per An' ad minus ultra reprisas ad inquirendum super sacramentum suum pro dicto Domino Rege de quodam ingressu manu forti facto in Messuagium cujusdam A. B. apud J. predict ' contra form ' Statut ' in Parliament ' Dom ' H. nuper Regis Angliae sexti Anno Regni sui octavo tent ' editi ut dicit ' videas quod super quemlibet Juratorum per se in hac parte Impannelland ' xx s. de exitibus ad prefatum diem retornes hoc nullatenus omit ' sub pena xx l. q. noveris te incursum si in executione premissorum tepidus aut remissus fueris habeas ibidem tunc hoc preceptum Teste me prefato G. R. xv die martii Anno Regni Crompt 75. Dalt 392. cap. 129. Poult de
19 H. 6. Entre 17. Rast Entr. 335. 12 Ed. 4. 1. LXIV Crompt 165. b. If a man be Indicted of a Forcible Entry Traverses and the party puts in a traverse presently whereupon Execution is stayed and they do not prosecute the Traverse cum effectu but suffer this to be discontinued and after tender another Traverse at another time upon Restitution prayed it seemeth that the Court may Award Execution notwithstanding as in the Case of a Writ of Error c. 13 Ed. 4. 4 6 H. 7. 16. Crompt 166. LXV Crompt 165. b. Traverse It seemeth convenient upon a Bill on 8 H. 6. 9. preferred to shew the Evidence in full Court before the Jury to the intent that it may appear to the Court whether there be reasonable Cause to stay Restitution or not if the Bill be found Dyer 123. pl. acc Traverse LXVI Crompt 166. He that tenders the Traverse in B. R. upon an Indictment of Forcible Entry shall bear all the Charges of the Tryal and not the King nor he at whose Suit the Indictment is found as it is said by the Clerks de Banco Regis by the same reason it should be so of an Indictment Traverst before Justices of the Peace Costs Br. 4. Dalt 216. cap. 84. infra 78. Justices LXVII Crompt 166. Three Justices sit upon an Inquisition of Forcible Entry and one agrees that Restitution shall be made and the others will not agree Quaere if one may award Restitution without the other because 8 H. 6. 9. § 3. N. 2. gives power to one Justice to Inquire of Forcible Entries and to make Restitution Prerog LXVIII Crompt 69. § 12. a Bill upon 8 H. 6. 9. § N. for the King is not good for he cannot be Deisseised nor ousted of his freehold because of his Prerogative Br. 89. and he shall not have an Acc. sur Stat. so 4 H. 7. 1. b. see 2 H. 4. Prerog 12. Coron 553. 8 H. 4. 17. Disseisor Br. 16. 64. Dalt 201. cap. 77. Prerog LXIX Crompt 69. § 13. If the Kings termor be ousted with Force he cannot prefer a Bill on 8 H. 6. 9. that he was ousted and the King Disseised for the King cannot be ousted of his Freehold but he shall have an Information of Intrusion in the Exchequer Dalt 201. cap. 77. Poul de Pace 39. b. § 24. Outlawry LXX Crompt 68. b. § 8. Process of Outlawry lieth in an Acc. sur Stat. of 8 H. 6. 9. for it is Quare vi armis as was agreed 37 H. 6. 3. and so it seemeth to be upon an Indictment on the said Statute infra § 77. Prerog LXXI Dalt 201. cap. 77. Yet it seemeth that upon complaint made to the Justice of Peace by the Kings Termor of any such Force the Justice of Peace may nay ought to remove the Force and upon his View thereof to Record it and to commit the Offendors to Prison and may Fine them and after such Force removed the Kings Termor may presently reenter if he can in peaceable manner Chpihold LXXII Dalt 203. cap. 77. But howsoever the Law be taken for the Indictment or Restitution thereupon yet in case that Lessee for years Tenant at will or a Copiholder be forcibly put out or held out either by a stranger or by their Lessor or Lord the Justices of Peace or any one of them by 15 R. 2. 2. might safely remove the Force upon View thereof and Commit the Offendors to Prison and then the Lessee for years or Copiholder might presently reenter if peaceably they could so do and so might have his possession again without any Restitution made him by the Justices Crompt 71. § 45. Restitution LXXIII Dalt 203. cap. 77. But now by the Statute 21 Jac. 15. such Judges Justices or Justice of Peace as by reason of any Act or Acts of Parliament now in force are Authorized and enabled upon Enquiry to give Restitution of Possession unto Tenants of any Estate of Freehold of their Lands or Tenements which shall be Entred upon with Force or from them withholden by Force shall by reason of this present Act have the like and the same Authority and ability from henceforth upon Indictment of such Forcible Entries or Forcible withholdings before them duly sound to give like Restitution of possession unto Tenants for term of years Tenants by Copy of Court Roll Guardians by Knights service Tenants by Elegit Statute Merchant and Staple of Lands or Tenements by them so holden which shall be entred upon by Force or holden from them by Force LXXIV Mich. 2 Car. 1. Latch 182. Widow Stacyes Case Copihold one was Indicted on 21 Jac. 15. for entring into a house in Cobham in Oxford ' ad tunc existens liberum tenementum suum ad voluntatem Domini secundum consuetud ' manerii c. the party came into the Court and being put out of possession upon this Indictment by one Justice of Peace prayed Restitution and it was granted to him by Dodridg and Whitlock Jones absent the reason was because for any thing here shewed the Widow may be Tenant by the Verge and not by Copy and the Statute shall not be taken by Equity and therefore he that will have Restitution must persue the words of the Statute but Dodridge agreed that if one hath a Widows Estate by Custome after the death of her Husband Copiholder she is within the Statute because her Estate is immediately by Copy LXXV Dalt 206. cap. 79. And by force of this Statute and proviso Heir 8 H. 6. 9. § 7. N. 1. every Heir and every Feoffee may justifie to keep their Houses and Possessions by Force in case that themselves or their Ancestors or their Feoffors or those whose Estate they have have been in peaceable possession thereof by the space of three years or more Kell 187. pl. Lambert 1â—4 supra § 35. LXXVI Crompt 166. It 's found that J. S. Disseised me with Force Restitution and by another Enquest taken at the same Sessions it s found that I am Disseised by A. B. with Force I may Elect upon which of these Indictments I will be restored and if I have Restitution against J.S. and this is Retorn'd I shall not have Restitution upon the other but tho I be in possession as to him if upon the Writ of Restitution it be not Retorned that I have Restitution I shall have Restitution against A. upon the other Verdit if A. hath reentred upon the first Restitution given to me by Marrow Lect. 9. Quaere for if a man Recovers in an Assize and enters upon the Tenant and he reenters he that Recovers shall not have a sc fac to Execute the Judgment 49 Ed. 3. 27. Dalt 211. cap. 81. LXXVII Crompt 150. b. Outlaw Justices of Peace cannot Award a Capias utlagatum but must certifie the Outlawry in B. R. as the Clreks of the same Court say supra
Domini Richardi olim Regis Angliae secundi tento Anno Regni sui xiii in hoc casu provisi ac editi West Symb. 2. part 147. § 298. XIX Crompt 256. pl. 80. Crompt 256. b. pl. 80. An Indictment for unlawfull Hunting in any ones Park West Symb. 111. § 6. 127. Staff ss Inquiratur pro Domino Rege si E. P. de C. in Com' predict ' Generosus H.P. de C. c. R. B. de C. c. 30 die Augâ—st Anno Regni c. Circa horam 12. in nocte ejusdem diei aggregatis sibi quam plurimis aliis malefactoribus Pacis dicti Domini Regis perturbatoribus ignot ' vi Armis videlicet Baculis ferro munit ' arcubus sagittis c. aliis armis tam invasivis q. defensivis clausum Parcum Eliz. P. viduae apud H. sancti Gregorii in Com' predict ' injuste fregerunt intraverunt Damas ipsius Eliz. adtunc ibidem in parco predict ' cubantes depascentes cum tribus Canibus vocat ' Greyhounds uno reti vocat ' a Buckstall quod in parco predicto ' retinuer ' injuste venati sunt Chaceaverunt unum Damam vocat ' a Buck adtunc ibidem cum canibus predict ' Riotose ceperunt occiderunt asportaverunt contra pacem dicti Domini Regis ad Grave Damnum ipsius Eliz. contra form ' Statuti in hujusmodi Casu editi provisi XX. Crompt 256 257. pl. 81. alio modo West Symb. 2. part 111. § 128 13 Rich. 2. 13. § 1. N. 2. Staff ss Inquiratur pro Domino Rege si R. M. nuper de O. in Com' predict ' Yeoman R. P. nuper de P. c. 19 die August Anno Regni c. Forestam dicti Domini Regis de M. in Com' predict ' fregerunt intraverunt unum Damam vocat ' a Buck ad valent ' x s. adtunc ibidem invent ' sine licentia voluntate dicti Domi Regis cum Cane Leporario vocat ' a Greyhound fugaverunt chaceaverunt dictum Damam apud R. infra precinct ' forestae predict ' cum funibus Anglice vocat ' Halters suspenderunt occiderunt ipsum Damam sic suspens ' occisum injuste ceperunt asportaverunt contra pacem dicti Domini Regis c. XXI Kilb. Precedents 130. A Warrant to levy 20 l. for Stealing Deer on 13 Car. 2. 10 § 1. N. 2. Kent ss To the Constable and Borshoulders of the Hundred of A. in the said County and to every of them Forasmuch as it hath been duely proved before me that A. B. of C. in the said County hath unlawfully coursed killed hunted or taken away one Fallow or Red Deer in the Forest Chace Purlieu Paddock Wood Park or other ground where Deer are or have been usually kept of E. F. against the Form of the Statute in that Case made and provided These are therefore in his Majesties Name to will and require you and every of you that you some or one of you do levy by way of Distress upon the Goods and Chattels of the said A. B. the Sum of 20 l. by him Forfeited for the offence aforesaid the one moiety thereof to the use of C. D. who Informeth of the said offence and the other moiety to the use of the said E. F. owner of the Deer aforesaid and in case of want of sufficient distress that you certifie me thereof forthwith Given under my Hand and Seal this Second day of May An. 1679. Anno Regni c. 31. XXII Kilb. Precedents 131. A Warrant against a person not able to pay c. 13 Car. 2. 10 § 1. N. 5. to the House of Correction To the Constable and Borshoulders of the Hundred of A. in the said County and to every of them and to the Keeper of the House of Correction for the said County at B. in the County aforesaid Kanc. ss Whereas by my Warrant you the said Constable and Borshoulders were lately required to levy by way of Distress of the Goods and Chattels of A. B. of C. the Sum of 20 l. by him forfeited for an offence by him lately committed against the form of the Statute made in the 13th year of his now Majesties Reign Intituled An Act to prevent the unlawfull Coursing Hunting or Killing of Deer and you the said Constable have Retorned unto me thereupon that the said A. B. hath not sufficient Distress to be taken for the Moneys aforesaid These are therefore in his Majesties Name to will and require you the said Constable and Borshoulders and every of you that you some or one of you do take the said A. B. and him safely convey to the aforesaid House of Correction and to deliver him to the aforesaid Keeper of the same together with this Precept requiring also you the said Keeper to receive him into the said House and there deteyn and put him to hard Labor for six Months hereof fail you not at your Perils Given under my hand and Seal the 8 day of c. Anno Regni c. XXIII Kilb. Precedents 132. A Mittimus to the Common Goal for want of Distress c. on 13 Car. 2. 10. § 1. N. 5. To the Constable c. and to the Keeper of the Goal c. Kent ss Whereas c. ut supra These are therefore in his Majesties Name to will and require you the said Constable and Borshoulders and every of you that you some or one of you do take the said A. B. and and him safely convey to the Goal aforesaid and deliver him to the aforesaid Keeper of the same together with this Precept Requiring also you the said Keeper to receive him into the said Goal and him there safely to keep for the space of one whole year without Bayl or Mainprise And further untill he hath given sufficient Security for his Good-Behaviour for one whole year next ensuing after his Enlargement hereof fail not at your Perils Given under my Hand and Seal the 10th day of c. An. c. XXIV Kilb. Precedents 171. A Warrant to search for Setting Dogs Guns Greyhounds c. on 22 23 Car. 2 25. To the Constable c. Kent ss By vertue of an Act of Parliament in that behalf lately made c. These are therefore in his Majesties 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 his Wives 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 Esq or other person
assumentes sibi regiam potestatem ipsum Regem regali sua Autoritate quantum in eis fuit privand ' adtunc ibidem cum quodam cultello Arripuerunt illis dictis falsis fictis contrafact ' Literis Patent ' deceptive proditorie Apposuerunt Annexerunt easdem literas sigillaverunt sigillum illud subtiliter resciendendo quasi sic non fecissent sic magnum sigillum Domini Regis adtunc ibidem proditorie contrafecerunt cum premissa sic fecissent dictas falsas contrafactas Literas Patent ' Ac ut predict ' est sigillat ' 8 die Martii Anno c. apud Villam de S. in Com' Mid'sex ac in diversis locis ejusdem Comitat ' tanquam Literas Patentes ipsius Domini Regis de protect ' deceptorie falso proditorie publicaverunt diversas pecuniarum summas de diversis ligeis Domini Regis receperunt virtute dictarum falsatum fictarum contrafactarum Literarum Patent ' in deception ' Domini Regis ac populi sui prejudicium exheredat ' manifestum c. IX Pract. Precedents c. 49. An Indictment for Counterfeiting the Seal of the Arches Fowl Hawks Fesants Birds Crows Poultry I. Lambert 4. cap. 4. pag. 440. Inquiry at Sessions Forest if any person have taken or caused to be taken upon his own or other mens ground the Eggs of any Falcon Goshawke Lanner or Swan or have taken any Eyrer Falcon or Goshawke Tarcel Lanner or Lanneret or have purposely driven them out their Coverts or have Borne any Hawk of the Breed of England called an Niesse Gossehawke Tassell Lanner or Lanneret 11 H. 7. 17. § 1. N. 2. II. Lambert 441. License If any person whatsoever have taken or killed any Pheasant or Partridge with any manner of Net or other devise whatsoever upon the Freehold of any other without special License or in the night time except it were unwillingly by Lowbelling or Tramelling who also did then and there presently let them go again c. 11 H. 7. 17. § 1. N. 2. 23 Eliz. 10. § 2. N. 1. Crompt 77. a. 124. b. III. Lambert 442. Inquiry on 1 Jac. 27. § 4. N. 1. Market overt If any person hath Sold or hath Bought to Sell again any Partridge Feasant c. not bred up in house IV. Lambert 198 199. Justices Every Justice of Peace may examine Offences against the Statute made 23 Eliz. 10. § 5. N. 1. for preservation of Pheasants and Partridges c. If the same Offences be not before Lawfully heard or determined otherwise and may take Bond of the Offender with good Sureties for his Appearance at the next General Sessions of the Peace to answer the said Offence and to pay the penalty and to receive the punishment due therefore and may also after Conviction and punishment of such Offender c. take like Bond of him and Sureties that for the space of two years he shall not Offend against the said Statute Crompt 195. § 8 196. b. § 16. V. Lambert 441 442. Inquiry at Sessions 1 Jac. 27. § 2. N. 1. If any person have shot at killed or destroyed any Feasant Patridge House-dove or Pidgeon Hen Mallard Duck Teal Wigeon Gouse Heathcock Moregame or any such Fowl or have taken killed or destroyed any Feasant Patridge Housedove or Pidgeon with Setting Dogs and Nets or other Engine or have taken Eggs of any Fesant Pratridge or Swans or willingly destroy'd the same in the Nets c. Crompt 88. a. b. 89. Poph. 141 142. VI. Kilb. Precedents 170. A Warrant to search for Nets and Setting Dogs on 7 Jac. 11. To the Constable c. Kent ss By Virtue of an Act of Parliament in that behalf made c. These are therefore in his Majesties Name to Authorize and Command you and every of you to enter into and search 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 Seised in his own Right or in the Right of his Wife of Lands Tenements or Hereditaments to the clear yearly value of 40 l. 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 threescore pounds over and above all charges and reprises or which is worth in Goods and Chattels four Hundred pounds suspected to have Setting Dogs or Nets for the taking of Phesants or Partridges and that wheresoever you or any of you shall find any such Setting Dog or Nets the same you take carry away and detein kill destroy and cut in pieces as things prohibited by the Act aforesaid and forfeited 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 day of c. Anno c. VII West Symb. 2. part 120. b. § 162. An Indictment for taking Pheasants and Partridge with Nets c. contrary to 11 H. 7. cap. 17. Pract. Precedents 67. Essex ss Juratores pro Domino Rege supra sacramentum suum presentant quod W. G. de S. in dicto Com' E. Laborer circiter horam 10 ante meridiem 20 die Aug. Anno Regni c. In quodam loco infra Paroch de S. predict ' in Com' E. predict ' vulgariter vocat ' the Wheat Field qui quidem locus tunc fuit adhuc est liberum tenement ' A. B. de S. predict ' in Com' E. predict ' Gen ' nec unquam fuit in aut de Warrenna ipsius W. G. propria duos Phasianos decem Perdices cum quibusdam reticulis aliis Ingeniis valoris duorum solidorum tunc ibidem cepit occidit asportavit sine aliquibus Assensu Agreamento aut speciali licentia dicti A. B. in hac parte habitis aut obtentis in dicti Domini Regis nunc contemptum ac contra form ' cujusdem Statut ' in Parliament ' Domini Henrici nuper Regis Angl ' septimi tent ' Anno Regni sui 11 in hujusmodi casu provisi ac editi Fraud see Collusion Franchise Liberties Bayly Sheriffs I. 42 Ed. 3. 9. § 1. N. 6. Green Wax Estreats of the Green Wax shall not be doubled by the Sheriffs but the Copy of the Estreats wherein they touch the Franchises of Lords shall be delivered to the Bayliffs of the Franchises under the Seal of the Sheriff and that the same Bayliffs shall yeild their account in the Exchequer by the same Copies so delivered II. 27. H. 8. 24. § 9. N. 2. Amerciament And that the Amerciaments for insufficient Retorns of Writs or their Process made by Stewards or Bayliffs of Liberties or Franchises having Retorns of Writs and
Justices of Peace may hear and determine as well by Information as by Indictment the Offences Committed against the Statute of Reteyners Liveries Maintenance Imbracery Bow-staves Archery Unlawfull Games Forestallers Regrators Victuallers and Innholders by 33 H. 8. 10 § N. 37 H. 8. 7. Pope XVII The Laws c. 71. c. 86. upon 23 Eliz. 1. § 11. N. 1. The Axis upon which all popular Suits for Recusancy depend See in tit Pope 79. Incontinence see Bastardy Infidels see Religion Incumbent see Encumbent Ecclesiastick persons Ingrossing see Market Overt Innkeeper and Innholder see Hostler Inmates see Hostler Cottages Inquest see Enquest Inrolement Deeds Inrolled Bargain and Sale Records Justice I. LAmbert 196. If any one Justice of the Peace do Joyn with the Clerk of the Peace in taking the Inrolement of an Indenture of Bargain and Sale of Lands Tenements or Hereditaments lying in that County where he is Justice it is sufficient as it seemeth by the words of the Statute 27 H. 8. 16. § 1. N. 2. Fees II. Lambert 365. The Justice or Justices of the Peace that do Joyn with the Clerk of the Peace in taking the Conusans of an Indenture of Bargain and Sale of Land to be Inrolled shall have 12 d. therefore if the Land exceed not in value 40 s. by the year and 2 s. 6 d. if it do exceed that value by 27 H. 8. 16. § 1. N. 4. Lambert 430 431. III. Crompt 59. § 31. It is Extortion in the Clerk of the Peace if he takes above 12 d. for Inrolement of a Bargain and Sale of Land that exceeds not xl s. per Annum or above 2 s. 6. where the Land exceeds the value of xl s. per Annum by 27 H. 8. 16. and in the Justices of Peace that for the Conusance take above the said Summs in the said Cases by the said Statute Lambert 430 431. Crompt 177. b. Intendment Suspition Sugestion Proofe Bastardy I. LAmbert 119. It shall not be amiss at this day to grant Surety of the Good Abearing against him that is suspected to have begotten a Bastard Child Inventory see Ordinary Iron works see Mettle Judgment see Justices Execution Juglers see Games Issues see Enquest Forfeiture Jurisdiction see Justices Jurors see Enquest Justices Jurisdiction Judgment Sessions one Justice two Justices three Justices Courts Commission Records I. LAmbert 1. cap. 4. pag. 20. And then withal viz. during the Imprisonment of Ed. 2. Commission it was ordained by Parliament in the Life time of that Deposed King and in the very first entry of his Sons Reign 1 Ed. 3. 16. That in every Shire of the Realm Good men and Lawfull which were no Maintainers of Evil nor Barretors in the Country should be assigned to keep the Peace which was as much to say that in every Shire the King himself should place special Eyes and Watches over the Common People that should be both willing and wise to foresee and be also enabled with meet Authority to repress all intention of uproar and Force even in the first seed thereof and before that it should grow up to any offer of Danger so that for this cause as I think the Election of simple Conservators or Wardens of the Peace was first taken from the people and translated to the Assignment of the King II. Lambert 1. cap. 5. pag. 26. Patents If the King do grant unto a man to be a Justice of Peace during his Life within a certain Precinct without any other words he shall continue such a Justice during his Life and shall have all that power that a Warden or Conservator of the Peace had and perhaps such power also as is given to a Justice of the Peace by express words in any Statute but he shall not have all that power which is ordinarily given to the Commissioners of the Peace by their Commission Marrow III. Lambert 1. cap. 7. pag. 33 34. Joynder And for the better restraint of the increase of Justices of Peace it was Enacted that no Association should be made to the Justice of Peace after their first Commission 12 R. 2. 10. § 1. N. 7. which Law though it be not to be Abrogated till this day yet was it long since ended by making of New Commissions that had more new Justices thrust into them and truly it seemeth to me that together with the like ambitious desire of Bearing Rule in some the growing Number of the Statute Laws Committed from time to time to the Charge of the Justices of Peace hath been the cause that they also are now again increased to the overflowing of each Shire at this day Dalt 19 20. cap. 5. IV. The Form of the Commission of the Peace for each County is as thus in Middlesex Lambert 1. cap. cap. 8. pag. 35. Midd ' ss Carolus secundus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensoris c. precharissimo Consanguineo Consiliario nostro Principi Ruperto Comiti Palatino Rheni Duci Cumbriae Constabular ' Castri de Windsor c. predilecto fideli consiliario nostro Heneagio Dom. Finch Dom. Cancellario nostro Angliae Peace c. Salutem 2. sciatis quod assignavimus vos conjunctim divisim quemlibet vestrum Justiciarios nostros ad Pacem nostram in Com' nostro Middlesex conservand ' 3. ac ad ea omnia Ordinationes Statuta pro bono Pacis ac pro conservatione ejusdem Statutes pro quieto regimine gubernatione populi nostri edita in omnibus singulis suis articulis in dicto Comitatu nostro tam infra Libertates quam extra juxta vim formam effectum eorundem custodiend ' custodiri faciend ' Contempt 4. ad omnes contra formam Ordinationum vel Statutorum vel eorum alicujus in Comitatu predicto Delinquentes castigand ' puniend ' prout secundum formam Ordinationum vel Statutorum illorum fuit faciend ' Coron 5. ad omnes illos qui alicui vel aliquibus de populo nostro de corporibus suis vel de incendio domorum suarum minas fecerint ad sufficientem securitatem de pace vel bono gestu suo erga nos populum nostrum inveniend ' coram vobis seu aliquo vestrum venire faciend ' si hujusmodi securitatem inveniri recusaverint tunc eos in Prisonis nostris quouscunque hujusmodi securitatem invenerint salvo custodiri faciend Enquest 6. Assignavimus etiam vos quoslibet duos vel plures vestrum quorum aliquem vestrum vos prefat ' Principem Rupertum Dom. Cancellarium Angliae c. unum esse voluimus Justiciarios nostros ad inquirendum per Sacramentum proborum legalium hominum de Comitatu predicto per quos rei veritas melius sciri poterit de omnibus omnimodis feloniis veneficiis incantationibus sortilegiis Arte Magica transgressionibus forestallariis
before the Eye and therefore the Law shall largely construe the Authority of a Justice of Peace in that behalf so that he shall neither need to make any precept in Writing nor to be present in his own person but may use all reasonable means for Prevention and Stay of the Evil and yet the ordinary power of punishing Routs and Riots resteth not in his hand alone but rather belongeth unto two Justices of the Peace XXXI Crompt 121. § 17. One Justice of Peace may take Rioters Imprisonment and yet 13 H. 4. 7. § 1. N. 1. speaks of two Justices for the said Statute is taken largely as appears 14 H. 7. 8. XXXII Lamb. 187. This to be plain I do not like Recognizance that one Justice of the Peace should take upon him to bind an Offender against any penal Law being within the power of Justices of the Peace but yet neither comprehended in the Commission nor committed to the charge of any one of them to apear at the Sessions to answer to his fault for although I have seen sundry old Precedents of Attachments made for one Justice of Peace against Laborours to be before the Justices at their Sessions to answer to their Contempts yet I am not perswaded that the like may be done against the Offenders of other Statutes unless it be therein specially so appointed no more than it might have been done in that case of Laborours it self had not 25 Ed. 3. 6. § 1. N. 1. expresly commanded it Crompt 122. b. § 3. Dalt 159. cap. 67. Fish XXXIII Lamb. 189 190. Every Justice of the Peace is a Conservator of Rivers within his County and when he may attend it ought to survey the Weers c. 13 Ed. 1. W. 2. cap. 47. § 1. N. 3 13 Rich. 2. 19. § 1. N. 6. 17 R. 2. 9. § 1. N. 7. Dalt 134. cap. 50. Apprentice XXXIV Lamb. 190. Any one Justice of the Peace may take upon him to hear and order the Controversies between Masters and Servants touching their departure §c 5 Eliz. 4. § N. Crompt 195 196. § 16. Dalt 21. cap. 6. Forest XXXV Lamb. 191. Upon Information to any Justice of Peace of any unlawful Hunting by night or with Disguises c. in Forrest Park or Warren of any suspected thereof that Justice may make a Warrant c. and may examine him c. 1 H. 7. 7. § 1. N. 3. Crompt 195. b. § 20. Games XXXVI Lamb. 191 192. Every Justice of the Peace may as well within Liberties as without enter into any common house where unlawful Games are kept 12 R. 2. 6. § N. 33 H. 8. 9. § 14. N. 1. Crompt 195. b. § 21. Dalt 154. cap. 66. 63. cap. 23. Ale XXXVII Lamb. 192 193. The Innkeeper Victualer or Ale-house-keeper that suffers any to continue Tipling in his house shall forfeit 10 s. and that selleth under measure upon view by one Justice or upon proof thereof by two Witnesses before any one Justice c. 1 Jac. 9. § 2. N. 6. Dalt 154. cap. 66. Fish XXXVIII Lamb. 193. Any Justice of Peace in Lent may enter into common Victualling-houses and seise Flesh forfeit c. 1 Jac. 29. § N. Dalt 21. cap. 6. 56. cap. 2. Tiles XXXIX Lamb. 193. Any one Justice of Peace by the large words of the Statute 17 Ed. 4. 4. § 1. N. 13. but learn whether it be so to be taken or no may enquire hear and determine by his Discretion as well by Examination as otherwise Tile-making c. Crompt 195. b. § 23. Dalt 21. cap. 6. 155. cap. 66. War XL. Lamb. 193 194. If Soldier imbezel Armor c. and escape punishment of Lieutenant c. then upon Complaint and due proof of the Offence by Owner c. to any Justice of the Peace he shall by him be committed without Bail c. 2 3 Ed. 6. 2. § 4. N. 1. Crompt 195. b. § 24. Dalt 155. cap. 66. Pope XLI Lamb. 194 195. If any to whom Agnus Dei Cross Picture Bead c. shall be offered do disclose the name and dwelling of the Offerer to any Justice of the Peace that Justice must in 14 days next after declare the same to one of the Kings Privy Counsel 13 Eliz. 2. § 8. N. 1. Crompt 195. b. § 25. Religion XLII Lamb. 195. If Disturbers of Preacher be arrest and brought before a Justice of Peace then he upon due accusation shall forthwith commit the party so taken by his discretion 1 Mar. 1. Stat. 2. cap. 3. § 2. N. 1. but enquire if all this Statute be not repealed by 1 Eliz. 2. § 27. N. 1. in general words Crompt 195. § 14. Dalt 155. cap. 66. XLIII Lambert 195 196. Poor Every Justice of Peace may within one Month after Arrival seize all the Goods of any Outlandish persons calling themselves Egyptians that shall come into this Realm c. 22 H. 8. 10. § N. But note that after the Month the Offence is made Felony and then it seemeth the King is to have the Goods wholly Crompt 195. § 13. 1 2 Ph. Mar. 1. § N. XLIV Lambert 196. Inrolement If any one Justice of the Peace do join with the Clerk of the Peace in taking the Inrolement of an Indenture of Bargain and Sale of Lands Tenements or Hereditaments lying in that County where he is Justice it is sufficient as it seemeth by the words of the Statute 27 H. 8. 16. § 1. N. 2. XLV Lambert 196. Wax Every Justice of Peace may examine and search by his Discretion such as Sell any Candles or other Works of Wax above 4 d. the pound above the price of plain Wax 11 H. 6. 12. § 1. N. 4. As it seemeth by the large words of that Statute XLVI Lambert 196 197. Fuel Any one Justice of the Peace is Warranted to set on the Pillory in the next Market Town to the place of Offence any person that hath broken the Assize of Fuell and is not able to pay Forfeiture c. 7 Ed. 6. 7. § 6. N. 2. but consider whither a Justice of Peace may convict him of the said Forfeiture or no for it seemeth by the words of the Statute that he is rather a Minister than a Judge XLVII Lambert 197. A Justice of Peace my appoint Searchers Poor Watchmen Examiners Keepers and Buryers for Persons and Places Infected with the Plague give them their Oaths for Performance of their Offices and other Directions as to his Discretion shall seem good 1 Jac. 31. § 9. N. 1. Crompt 122 § 39. Dalt 21. cap. 6. XLVIII Lambert 197. Pope Any Justice of the Peace of the County where a person above 16 absents from Church dwelleth may make Certificat thereof in Writing in B. R. 23 Eliz. 1. § 5. N. 2. Crompt 195. § 12. Dalt 155. cap. 66. XLIX Lambert 197. Any Justice of Peace within that
is kept any thing in this Act or in any provision of the same to the contrary notwithstanding License CXXXII 27 H. 8. 25. 26. § 27. N. 1. Provided furthermore that Servingmen departing from their service by License Will Death or Exclusion of their Lord Lady Master or Mistris having of the same their Lord Lady Master or Mistris Letters or in case of their death other sufficient proof testifying the day of their Exclusion or departure from such service shall not incur or run into any the punishments or penalties comprised in this Act for Vagabonds or sturdy Beggers within the space of one month after the day mentioned in the said Letters or appearing by the said testimony to be the day of the departure from such services ne also at or after the same month expired so that by the end of such month they shall have entred into any service or be otherwise in labor according to the form and tenor of this Act. Abbe CXXXIII 27 H. 8. 25. 26. § 28. N. 1. Provided also that in as much as Fryers Mendicants have little or nothing to live upon but only by the Charity and Alms of all Christian people this Act therefore ne any thing therein contained shall be prejudicial or hurtful unto any person or persons for giving of them in general or particular any manner of Alms in Mony Victual or other things ne also to them or any of them for being or remaining out of the places where they were born or had their last habitation or for passing abroad to gather the Alms and Charity of Christian people or for continuance in their Religion as they have been accustomed to do this Act or any thing therein mentioned to the contrary notwithstanding CXXXIV 27 H. 8. 25. 26. § 29. N. 1. Provided also that this Act ne any thing therein mentioned be hurtful or prejudicial to any Abbots Abbe Priors or other person or persons of the Clergy or other that by any means be bound to give yearly weakly or daily Alms in Mony Victual Lodging Cloathing or any other thing in any Monasteries Alms-Houses Hospitals or other Foundations or Brotherhoods by any good Authority or Ancient custom or of daily charity by keeping of poor men established for that purpose CXXXV 27 H. 8. 25. 26. § 29. N. 2. Ne to any person or persons Charity for receiving of the same or for their abiding in such Alms-houses or Hospitals according to such foundation CXXXVI 27 H. 8. 25. 26. § 29. N. 3. Ne also for Alms in ready Mony Mariners or otherwise to be given to Mariners or other persons that shall for time to come or be set on Land from Ships perished or lost on the Sea CXXXVII 27 H. 8. 25. 26. § 29. N. 4. Or to any person that Riding Going or passing by the way Charity shall after his or their Conscience or charity give Mony or other thing to Lame Blind or Sick Aged or Impotent people any thing in this Act to the contrary mentioned notwithstanding CXXXVIII 1 Ed. 6. 3. Forasmuch as Idleness and Vagaboncy Laborers is the Mother and Root of all Thefts Robberies and all evil Acts and other mischiefs and the multitude of people given thereto have always been here within this Realm very great and more in number as it may appear than in other Regions to the great Impoverishment of the Realm and danger of the Kings Highness Subjects CXXXIX 1 Ed. 6. 3. § 1. N. 2. The which Idleness and Vagaboncy Parliament all the Kings Highness Noble Progenitors Kings of this Realm and this High Court of Parliament have often and with great travaile gone about and assayed with Godly Acts and Statutes to repress Yet until this our time it hath not had that success which hath been wished but partly by foolish Pity and Mercy of them which should have seen the said Godly Laws Executed partly by the perverse Nature and long accustomed Idleness of the persons giving to loytering the said Godly Statues hitherto have had small effect And Idle and Vagabond persons being unprofitable Members or rather Enemies of the Common-wealth have been suffered to remain and increase and yet so do whom if they should be punished by Death Whipping Imprisonment and other Corporal pain it were not without their deserts for the Example of others and to the benefit of the common-wealth yet if they could be brought to be made profitable and do service it were much to be wished and desired CXL 1 Ed. 6. 3. § 1. N. 3. Be it therefore Enacted Repealance c. First that all Statutes and Acts of Parliment heretofore made for the punishment of Vagabonds and sturdy Beggers and all Articles comprised in the same shall be from henceforth repealed void and of none effect CXLI 1 Ed. 6. 3. § 2. N. 1. Ability Secondly that whosoever after the first day of April next following Man or Woman being not Lame Impotent or so Aged or diseased with Sickness that he or she cannot work not having Lands or Tenements Fees Annuities or any other yearly Revenues or profits whereon they may find sufficiently their living shall either like a Serving-man wanting a Master or like a Begger or after any such other sort be lurking in any House or Houses or loytering or Idly wander by the high-ways side or in streats in Cities Towns or Villages not applying themselves to some honest and allowed Art Science Service or Labor and so do continue by the space of three days or more together and not offer themselves to labor with any that will take them according to their faculty And if no Man otherwise will take them do offer themselves to work for Meat and Drink or after they be so taken to work for the space agreed between them and their Master do leave their work out of convenient time or run away that then every such person shall be taken for a Vagabond Apprentice CXLII 1 Ed. 6. 3. § 2. N. 2. And that it shall be lawful to every such Master offering such idle person Service and labor and that being by him refused Or who hath agreed with such idle person and from whom within the space agreed of service the said loyterer hath run away or departed before the end of the Covenant between them And to any other person espying the same to bring or cause to be brought the said person so living idly and loyteringly to two of the next Justices of Peace there resiant or abiding who hearing the proof of the idle living of the said person by the said space living idly as is aforesaid proved to them by two honest witnesses or confession of the party shall immediatly cause the said loyterer to be marked with an hot Iron in the Brest the mark of V. Villenage CXLIII 1 Ed. 6. 3. § 2. N. 3. And adjudge the said person living so idly to such Presentor to be his Slave to have
be occupied in or appoint them to such as will find them work for meat and drink CLXXX 1 Ed. 6. 3. § 15. N. 2. And if they refuse of Wilfulness and Stubbornness to work or do run away and beg in other places Pain then to punish the same according to their discretions with chayning beating or otherwise as shall seem to them convenient CLXXXI 1 Ed. 6. 3. § 16. N. 1. And for the more furtherance of the relief of such as are in unfained misery Ability and to whom Charity ought to be extended CLXXXII 1 Ed. 6 3. § 16. N. 2. Be it Enacted Days c. that every Sunday and Holyday after the reading of the Gospel of the day the Curate of every Parish do make according to such talent as God hath given him a Godly and Brief Exhortation to his Parishioners moving and exciting them to remember the Poor people and the duty of Christian Charity in relieving of them which be their Bretheren in Christ born in the same Parish and needing their help CLXXXIII 1 Ed. 6. 3. § 17. N. 1. Provided always Apprentice that if it shall chance any such adjudged Apprentice Servant or Slave as is before rehearsed to have inheritance discended unto him or her or any other ways by the Laws of this Realm Ward or Bondman or Nief of blood by or from any of his Ancestors to any person or persons that then it shall be lawful to any such person or persons to whom any such Ward Bond-man or Nief shall appertain to seise and take such Wards Bond-men or Neifs and them to retain and keep as their Wards Bond-men or Neifs and the said Wards Bond-men and Neifs shall be discharged of the said Slavery or other Servitude or Bondage above rehearsed this Statute or any thing therein contained to the contrary in any wise notwithstanding Villenage CLXXXIV 1 Ed. 6. 3. § 18. N. 1. And also be it Enacted that if any such Servant Apprentice Slave or Slaves which shall have at any time hereafter any Advancement or Living accrew come or grow unto him or any of them whereby he or they may have a convenient Living that then and from thenceforth he or they so being advanced to be discharged of their Slavery Servitude and Bondage this Act or any thing therein contained to the contrary in any wise notwithstanding Women CLXXXV 1 Ed. 6. 3. § 18. N. 2. Any Woman being a Servant Apprentice or Slave as is aforesaid being married within the age of twenty years without the assent of her Master until she shall accomplish and come to the said age of twenty years only excepted Settlement CLXXXVI 1 Ed. 6. 3. § 19. N. 1 Be it also Enacted that all Leprous and Poor Bed-rid Creatures whatsoever they be may at their own liberty remain and continue in such houses appointed for Leprous or Bed-rid people as they now be in and shall not be compelled to repair into any other Counties or Places by Virtue of this Act any thing therin contained to the contrary notwithstanding Charity CLXXXVII 1 Ed. 6. 3. § 19. N. 2. And that also it shall be lawful unto the said leprous and bed-rid people for their better releifs to appoint their Proctor or Proctors so there be not appointed above the number of two persons for any one house of leprous bed-rid people to gather the charitable Alms of all such Inhabitants as shall be within the compass of four Miles of any of the said houses of leprous and bed-rid persons Villenage CLXXXVIII 1 Ed. 6. 3. § 20. N. 1. And be it Ordained and Enacted c. that it shall be lawful to every person to whom any person in form abovesaid shall be adjudged a Slave to put a Ring of Iron about his Neck Arm or his Leg for a more knowledge and surety of the keeping of him Villenage CLXXXIX 1 Ed. 6. 3. § 20. N. 2. And that if any person or persons do take or help to take any such bond of Iron from any such Slave that then every person so doing without the License or Assent of his Master shall forfeit for every such default 40 l. Sterling Notice CXC 1 Ed. 6. 3. § 21. N. 1. Be it further Enacted that this present Act shall before the first day of March next be openly proclaimed in every City Corporate-Town and Market-Town upon the Market day and also from thenceforth shall yearly be read in every Shire openly in two general Quarter Sessions of the Peace that is to say at the general Quarter Sessions after Midsummer and the general Quarter Sessions next after Christmas to the intent that every person may have knowledge thereof Continuance CXCI. 1 Ed. 6. 3. § 21. N. 2. And that this Act shall endure unto the end of the next Parliament 3 4 Ed. 6. 16. § 1. N. 2. and 21 Jac. 28 § 11. N. 28. 69. Commission CXCII 1 Ed. 6. 3. § 22. N. 1. Provided alwayes and be it Enacted that it shall be lawful to the Lord Chancellor of England or the Lord Keeper of the Great Seal for the time being at their discretions to grant Commissions under the Great Seal of England to every or any person or persons that hath or shall have his or their Houses or Barns burnt or such losses to gather the relief and charity of others for their aid and help of his or their losses decay or hinderance as in time past hath been used any thing contained in this Act notwithstanding CXCIII 1 Ed. 6. 14. § 12. N. 1. And over that the said Commissioners Charity viz. of Chantries c. or two of them at the least shall have full power c. to enquire and try by such ways and means as they shall think meet and convenient what Mony Profit and benefit any poor person or persons by vertue of any Conveiance Assurance Composition Will Devise or otherwise heretofore had or enjoyed within five years next before the beginning of this present Parliament out of any Colledge free Chapel or Chantry and other the premisses c. CXCIV 1 Ed. 6. 14. § 12. N. 2. And thereupon to make assignments Mortmain and orders in such manner and form as all and singular such said mony profit and Commodity shall be paid to poor people for ever according to such Assurance Composition Will c. for the same and to assign and appoint Lands Tenements and other Hereditaments parcel of the premisses for the maintenance and continuance of the same for ever CXCV. 3 4 Ed. 6. 16. Forasmuch as it is notoriously seen and known that Vagabonds and Beggers Trades do daily increase within this the Kings Highness Realm into very great numbers chiefly by occasion of Idleness the Mother and Root of all vices whereby do ensue continual Thefts Murders Conspiracies and other sundry hainous offences and partly for that the good and wholesome Laws and
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
of Ancient Demesne and part of Guildable Taxes and an assessement is made for the relief of the maihemed Souldiers the Goal c. according to 43 Eliz. 2. § 12. N. 2. whither the Tenants in Ancient Demesne shall contribute with the Guildable for the payments of the assessement Resolu The Statute doth not distinguish between the Ancient Demesne and the Guildable in those cases ubi lex non distinguit ibi nec nos distinguimus 15. Quest Whither an Indictment of forcible detainer be within 21 Jac. 8. § 6. N. 1. and not to be removed by Certiorari Certiorari unless the party indicted first find sureties according to the Statute 21 Jac. 8. § 7. N. 2. And whither the party indicted be to be bound himself or may send sureties to be bound in his absence to prosecute according to that Statute 21 Jac. 8. § 7. N. 2. And whither an indictment of forceible entry c. found at a private Sessions and certified to the Quarter Sessions be to be removed by Certiorari without sureties according to that Statute Resolu This is fittest to be left unto the Court of B. R. to whose courses and Jurisdiction this is most proper 16. Quest If one be convicted upon 3 Car. 1. 1. 2. § 1. N. 2. for driving of Cattle on the Sunday throughout several Parishes Days whither he shall forfeit 20 s. to every of the said Parishes or only to one if to one then to which of them Resolu 3 Car. 1. 1. 2. Giveth the forfeiture but of one 20 s. for one Sabbath day altho the driving of that day be through divers Parishes therefore where the Action is first attached and the distress first taken that Parish shall have the benefit of the forfeiture and not the other 17. Quest If one who is under thirty years of age Husbandry and brought up in Husbandry or a Maid Servant or brought up in any of the Arts mentioned in 5 Eliz. 4. § 4. N. 13. and not enabled according to that Statute to live at his or her own hand shall be warned by two Justices of Peace to put him or her self in service by a day prescribed by them and shall not do the same accordingly but shall after continue living at his or her own hand what course shall be taken with such a person and how punished Resolu Such persons being out of service and not having visible means of their own to maintain themselves without their labor and refusing to serve as an hired Servant by the year may be bound over to the next Sessions or Assizes and to be of the Good-behavior in the mean time or may be sent to the house of Correction Taxes 18. Quest Whither the tax for the relief of the Poor upon 43 Eliz. 2. § 12. N. 2. shall be made by ability or occupation of Lands or both And whither the visible ability in the parish where he liveth or general ability wheresoever And whither his Rent received within the Parish where he lives shall be accounted visible ability and whither he shall be taxed of them only and not for any Rents received from another Parish and what shall be said visible ability Resolu The Land within each Parish is to be taxed to the charges in the first place equally and indifferently but there may be an addition for the personal visible ability of the parishioners within that Parish according to good discretion wherein if there be any mistaking the Sessions c. or the Justice must Judge between them Estates 19. Quest Whither Shops Salt-pits Sheds profits of a market c. be taxable to the poor as well as Lands Cole-mines c. expressed in 43 Eliz. 2. § 1. N. 4. Resolu All things which are real and a yearly Revenue must be taxed to the poor Taxes 20. Quest Whither the tax for the County stock Goal and House of Correction is to be made 14 Eliz. 5. § 37. â—2 N. 1. and 43 Eliz. 2. § 12. N. 1. by ability and upon the Inhabitants of the parish only or upon them that are occupiers of lands dwelling in that parish or whither such as occupy lands in that parish and dwell in another parish shall be taxed Resolu If the Statute in particular cases give no special direction it is good discretion to go according to the rate of taxation for the poor but when the Statutes themselves give direction follow that Taxes 21. Quest VVhither any taxes ought to be made for the charges that pety Constables and Borsholders are at in conveying Rogues from Parish to Parish and relieving of them and how to be rated Resolu It is fit to relieve the Constable and Tythingmen in such sort as it hath been used in the several places where they live Women 22. Quest VVhither a Justice of Peace may discharge a Servant being with Child from her service allowing that as a reasonable cause that she is thereby made unable to do the service which otherwise she might have done And if he may discharge her whither that Parish shall provide for her till her delivery if she cannot provide for her self and so also if her time be expired before her delivery who shall provide for her after her time ended Resolu If a VVoman being with Child procure her self to be retained with a Master who knoweth nothing thereof this is a good cause to discharge her from her service and if she be gotten with Child during her service it is all one but the Master in neither case must turn away such a Servant of his own authority But if her term be ended or she lawfully discharged the Master is not bound to provide for her but it is a misfortune fallen upon the Parish which they must bear as in other cases of casual impotency 23. Quest Whither one being delivered of a Bastard-Child in one Parish and goeth into another with her Child and becomes a Vagrant Settlement and so is sent to the place of her birth her Bastard-Child being under the age of seven years shall be setled with the Mother and there maintained if the Mother be not able nor the reputed Father known or to be found or whither it shall be sent to the place of its birth or being setled with the Mother whither the Parish where it was born shall be ordered by the two next Justices to pay a weekly summ towards the maintenance of it Resolu The Bastard-Child must be placed with the Mother so long as it is within the Quality or Condition of a Nurse-Child which shall be till seven years of age and then it is fit to be sent to the place of its birth to be provided for the Mother or reputed Father not being able and the Parish where the Child is born shall not be forced to contribute to the Charge as long as the Mother lives and the Child be under seven year old 24. Quest A Man with his
the Party take it it will be safest for the two Justices to make such Certificate to the next General or Quarter-Sessions as is appointed 3 Iac. 4. § 13. N. 5. and for the Clerk of the Peace or Town-Clerk to Record it Oath XC The Laws c. 251. Abr. 268. Shall refuse to take the said Oath duly tendred to him or her 7 Iac. 6. § 26. N. 5. If the Persons Authorized to tender this Oath ask the Party whether he will take it and he saith he will not Quaere whether this be such a tender and refusal as shall make the Refuser liable to be imprisoned and proceeded against by force of this Act unless he or they who tender it have in readiness both the form of the Oath and the Book to swear on for it is to be presumed that the Act intends all requisite Circumstances ready to enable the one to minister and the other to take the Oath And 't is held by some That before there can be any such refusal of this Oath as is here intended it ought to be read or offered to be read to the Party especially if he be Illiterate or if he be not yet that at least it ought to be offered to him for himself to read it for perhaps the Party never saw or heard it And in such Case it would be against Reason that the refusal should be Penal And therefore in 9 Iac. upon the tender of this Oath at Serjeants Inn in Fleetstreet it was read by order of the Judges there XCI The Laws c. 251. Abr. 269. To the Common Goal 7 Iac. 6. § 26. N. 5. The Justices of the Court of B. R. have used to tender this Oath in Court as Justices of Peace of Middlesex and upon refusal the Party is to be Committed to the Prison of the Marshalsey which is the ordinary Prison of that Court until the next Sessions 2 Bulstrode 155. Dyer 297. XCII The Laws c. 258. 259. Or of Oyer and terminer Justices 3 Car. 1. Chap. 2. 3. § 3. N. 1. Justices of Peace cannot take an Indictment upon this Statute for no Inferior Court shall take Authority by any Statute unless it be specially named Savile 135. pl. 212. Agard and Candish And although Justices of Peace have in their Commission § 14. an express Clause ad audiend terminend ' and by that are Justices of Oyerand Terminer yet forasmuch as there is a Commission of Oyer and Terminer known distinctly by that name and the Commission of Peace is known distinctly by another name they shall not be included under the general words of Justices of Oyer and Terminer as was adjudged 3 Cr. 87. Hill 30 Eliz. B. R. in Smiths Case who was indicted at the Sessions of the Peace in the County of Oxford on 5 Eliz. 14 of forging Deeds which impowers Justices of Oyer and Terminer to enquire of hear and determine that offence and yet the Indictment before the Justices of Peace was quasht as taken Coram non Judice 9 Co. 118. 3 Inst 103. 3 Cr. 601. Wilsons case and 3 Cr. 697. Hunts Case See Justices XCIII Lambert 2. cap. 7. pag. 194. 195. Justices If any Person to whom any Agnus Dei Cross Picture Bead or such superstitious thing from the See of Rome or the Authority thereof shall be offered or delivered do disclose the Name and dwelling or Place of resort of such offerer or deliverer to any Justice of the Peace of that Shire where he to whom such offer or delivery is shall be resiant then the Justice must within 14. days next after declare the same to some one of the Kings Privy Counsel 13 Eliz. 2. § 8. N. 1. Supra Crompt 14 b. 15 a. 168 b. XCIV Lambert 225. Coron Receiving of Jesuits or Seminary Priests contrary to 27 Eliz. 2. § 4. N. 1. Supra and the refusal of Seditious Sectaries and of Popish Recusants to abjure the Realm and their return after abjuration made against 35 Eliz. 1. § 3. N. 1. 35 Eliz. 2. § 10. N. 1. are Felonies against the Body of the Commonwealth XCV Lambert 293. 294. Any one Justice of Peace of that Limit Religion Division or Liberty where the party dwelleth upon proof by Confession of the Party or Oath of Witness may call before him the Party offending in not repairing every Sunday to some Church c. according to 1 Eliz. 2. § 14. N. 1. And if he or she cannot make a sufficient excuse thereof the same Justice may give his Warrant to the Church-warden of the Parish whereby the offender dwelleth to distrain for 12d for every such default and for want of distress to imprison the Offender untill payment be made 3 Jac. 4. § 27. N. 2. XCVI Lambert 294. Before some Justice of Peace of the County Oath Liberty or Limit where the Parents of a Child sent beyond the Seas against this Act 3 Iac. 5. § 16. N. 1. did dwell such Child shall take the Oath expressed 3 Iac. 4. § 15. N. 1. And they that were beyond Seas before the making of this Act are to take the same Oath within six Months after their return being of Eighteen years of Age or more before some Justice of Peace where such Person inhabiteth or remaineth before they can take benefit of any gift Conveyance c. of any Lands Tenements c. 3. Iac. 5. § 17. N. 2. XCVII Lambert 294. Lieu. Popish Recusants indicted or Convicted and other Persons which have not repaired to some usual Church or Chappel and there heard Divine Service by the space of three Months last past dwelling or which shall dwell in any County within ten Miles of the City of London shall depart from thence according to 3 Iac. 5. § 3. N. 1. and deliver up his or her name to the next Justice of Peace in the same County upon pain of forfeiture of C l. Supra Submission XCVIIII Lambert 333. Any two Justices of Peace of the County where any of his Majesties Subjects not being a Jesuit Seminary Priest or other Priest Religious or Ecclesiastical Person c. now being or which hereafter shall be of or brought up in any Colledge of Jesuits or Seminaries shall Arive within six Months next after proclamation to be made in that behalf in the City of London under the great Seal of England may within two days next after such return receive his Submission under the Oath set forth by 27 Eliz. 2. § 5. N. 1. Infra Religion XCIX Lambert 197. If any Person above sixteen years of Age do by the space of Twelve Months forbear to repair to some Church Chappel or usual place of Common Prayer contrary to the tenor of 1 Eliz. 2. § 14. N. 1. then any Justice of Peace of the County where such offender shall dwell or be may make Certificate thereof in Writing in B. R. to the end that the offender may thereupon be bound in CC l.
Charges of the Officer and others imployed in the Services touching the Premisses 5 s. in all 7 l. 5 s. These are therefore in his Majesties Name to Authorise and command you and every of you to levy the aforesaid several and respective Sums of Mony upon the Goods and Chattels of the said several and respective Offenders and to make Sale of the said Goods and Chattels if they shall not be redeemed within 14. days rendring to the Parties the Overplus if any be and for want of sufficient distress to certifie us or one of us of the same to the end that such further proceedings may be made therein as by the Laws and Statutes aforesaid are required And you are hereby further Commanded to dispose of all such Moneys as you shall by virtue hereof levy or receive in such manner as by the Laws and Statutes aforesaid is appointed Given under our Hands and Seals the 15. day of May c. 2. All the before mentioned Warrants upon 12 Car. 2. 23. will also serve Mutatis mutandis upon the other Statute touching the Excise made the same Parliament 12 Car. 2. 24. § 15. c. Entituled An Act for taking away the Court of Wards and Liveries XV. Dalt 167. cap. 63. Edit 1666. In the Default of the Parishioners Poor Churchwardens Constables that shall not assess the Tax imposed upon the Parishioners by the Justices at their Easter-Sessions towards the relief of the Prisoners in the Kings Bench and Marshalsey and of the Hospitals of that County and of the losses by Fire Water and other Casualties and relief of the Poor within that County any Justice of Peace dwelling in that Parish or if none dwell there in the parts next adjoyning may assess the same and the same Justice or any other Justice of Peace of that Limit in default of the Church-Wardens and Constables may levy the same by Distress and Sale of the Goods of the Party refusing or neglecting to pay his Part thereof rendring to the Party the Overplus and in default of such Distress any Justice of Peace of that Limit may commit such Person to Prison there to remain without Bail till he hath paid the same 43 Eliz. 2. XVI Dalt 167. cap. 63. Edit 1666. Also in default of the Parishioners Church-Wardens and Constables that shall not assess the Tax imposed upon the Parishioners by the Justices at their Easter-Sessions towards the relief of maihmed Souldiers and Mariners any Justice of Peace dwelling in that Parish or if none dwell there in the Parts next adjoyning may assess the same and the same Justice of Peace in default of the Church-Wardens and Constables may levy the same by Distress and Sale of the Goods of the Party refusing or neglecting to pay his part thereof rendring to the Party the Overplus but in default of such distress the Justices of Peace may not commit such Person to Prison as they might in the former case 43 Eliz. 3. XVII Dalt 167 168 169. cap. 63. Edit 1666. Now in these Cases and other Rates and Taxations you shall observe these Rules following First that the most reasonable Rating of Land is by the yearly value and quality thereof and not by the quantity or content 9 Co. 12. 2. He that occupyeth in his own hands Lands lying in several Parishes shall be charged in every Parish proportionally for his Land there 5 Co. 67. 3. The Fermer shall be rated for the Lands and not the Lessor or Landlord 5 Co. 65. 4. The Landlord shall not be rated or Taxed for his ferm-Ferm-rents in as much as the Fermor or Occupyer of the Land is chargeable for the same Lands so where any Fermor is assessed by his Goods I ought not to be assessed for my Rent of the same Ferm 7 H. 7. 33. and 11 H. 4. 35. Quinzim Br. 2. 4. 5. Upon a complaint to the Judges of Assize in the County of Lincoln it was resolved and ordered that the Lands in the Parish and not the Rent neither of that Land nor of other Lands could be Taxed at Assizes at Lincoln 1633. Sir Anthony Irbies Case 6. By Goods in most Cases a Man may be rated as well as by Lands but not both by Goods and Lands as it seemeth the like you may see in divers Act of Subsidies wherein there is usually a special Proviso that no Person shall be Taxed both for his Lands and Goods nor doubly rated 27 Eliz. 29. 29. Eliz. 8. and 31 Eliz. 15. and 35 Eliz. 13. and 39 Eliz. 26. and 43 Eliz. 18. and 7 Jac. 23. and 18 Jac. 2. and 21 Jac. 34. 3 Car. 1. 7. And yet see 44 Ed. 3 Customs Br. 6. Where a Tax of ten pounds was made by the Parishioners for the amending of their Church and was Taxed to be levyed of every Plow-land 6 d. and of every Cow 1 d. and of every 10. Sheep ob and J. S. for his Land Cows and Sheep was rated at 9 s. and was distrained for the same and upon a Replevin by J. S. sued no Exception was taken to the manner of Rate imposed upon J. S. but Note that the said Tax was made by his Consent consensus tollit errorem 5 Co. 36. 40. 7. So then he that hath both Lands and Goods shall be charged by the best of them both but he is not to be double charged scil by the one and the other and yet in some places they do use to charge one Person both by Lands and Goods which if it be warrantable by Law yet it seemeth to be with this difference scil that where a Man occupieth Land and also hath in his hands a great estate or stock of Merchandise or be also a Clothier Malster or the like that such Person peradventure may be charged by his Lands and also by such his Stocks but for such Goods or Stock of Cattle whereby a Man doth occupy compas or manure his Lands as for Horses Sheep Kine c. wherewith he stocketh his Land a Man shall not be charged scil if he be charged by his Land he shall not also be charged for such his Cattle which do manure the same Land 8. Also where a Man is rated by his Goods it seemeth reasonable that such Goods be rated after the value of Lands to be purchased scil 100 l. in Stock or Goods to be rated after 5. or 6 l. pounds per Annum in Lands and so after the like proportion for a greater or lesser Estate in Goods Stock Merchandize or the like 9. Note that where a Man is charged by Goods they must be bona Notabilia as it seemeth and yet the Subsidy Men are rated not only by their Stock of Merchandize or Cattle Corn Household-stuff or other moveable Goods which are Notabilia but also to their Coin and Debts owing to them deducting such Debts as they owe to others and such Debts as be desperate But there the Party over-rated upon his complaint to the Commissioners and his
in Sussex c. XXXII Crompt J. P. 94. Enquiry in Sessions if the High-ways of Market Towns be enlarged and cleansed from Wood and Underwood by the space of 200 foot on each side if there be no Oaks and Great Trees so that all be clear under them 2. If Robery be done by default of not clensing or keeping of the said Ways he that should do it shall answer for the Robery and for the Murder done there and shall be fined to the King at his will 13 Ed. 1. St. 2. Winch. 5. Way-laying see Coron Waifs see Coron Chattels Wainlings see Cattel Wales I. LAmbert 610. The Quarter Sessions are to enquire hear and determine on 26 H. 8. 5. of Passage over the Severn Crompt 95 b. 2. Of 3 Jac. 23. for making up of Chepstow Bridge 3. Of 3 Jac. 24. for re-edifying a Bridge over Severn War Guns Hand-Guns Shooting Captains Souldiers Musters I. LAmbert 475. Enquiry in Sessions if any Person being generally or specially Commanded to Muster before any having Authority for the same have without true and reasonable Cause absented himself or have not brought with him in readiness his best Furniture of Array and Armour of his own Person Crompt 48 b. 4. 5 Phil. Mar. 3. § N. 2. If any Person authorized to Muster or to levy Men for the King's Service in War have taken any Reward for the discharge or sparing of any Person from that Service 3. Or if any Person having Charge of Men for Warfare have not paid to his Souldiers their whole Wages Conduct and Coat-money or have for any gain licenced any of them to depart out of the Service 2 3 Ed. 6. 2. § N. 4. If any Souldier serving the King in his Wars have given away wilfully purloined or put away any Horse Gelding Mare or Harness wherewith he was set forth 2 3 Ed. 6. 2. § N. Crompt 89 b. 125 b. 155. Dalt 134. bis cap. 52. II. Lambert 422 423. Enquiry in Sessions if any Souldier entred a Souldier of Record and having taken part of the King's Wages or any Mariner or Gunner having taken present Wages to serve the King on the See have not accordingly gone to his Captain unless he were letted by notorious Sickness or other Judgment from God or have departed from his Captain without his Licence under his Seal 18 H. 6. 19. § N. 2 3 Ed. 6. 2. § N. 4 5 Ph. Mar. 3. § N. 5 Eliz. 5. § N. But consider whether this Entring of Record have any use now Crompt 117 b. § 20. 2. If any Souldier or Mariner or other Person as Souldier or Mariner have wandred idle without setting himself to Service Labor or other lawful course of Life and hath not repaired to his place of Birth or Dwelling and had not a lawful Testimonial from a Justice of Peace of or near the place where he landed or hath counterfeited such Testimonial or hath carried the same knowing it Counterfeit 39 Eliz. 17. Dalt 135. bis cap. 52. III. Lambert 295 296. Guns Every Person finding or seeing any to offend the Statute made against the shooting in Cross-bows and Hand-Guns may arrest and bring or convey him to the next Justice of Peace of the County where he was found offending who upon due Examination and Proof thereof before him made may by his Discretion Commit him to the Goal there to remain till he shall truly pay the one Moiety of the Forfeiture of this Statute to the King and the other Moiety to such first bringer or conveyor 33 H. 8. 6. § N. Dalt 64. cap. 24. 2. In this and such other Cases the Justice of Peace having as it seemeth the whole matter committed to himself alone ought to be wary and circumspect lest either he rashly condemn the Guiltless or negligently suffer the Guilty to Escape Dalt 65 66. cap. 24. 3. And upon the Offence sufficiently proved it is necessary that in his Mittimus or Precept to the Goaler there be contained the Names of the Parties with the manner of the Offence and how long time he is to be kept in Prison for it 4. Furthermore he is to make a Record of the Matter and to send the Estreat of it into the Exchequer whereby the Barons may upon Intelligence thereof cause the King's Duty to be levied to his use IV. Lambert 296 297. A Mittimus for unlawful shooting in a Cross-bow or Hand-gun 33 H. 8. 6. § N. To the Keeper of his Majesties Goal at M. in the said County and to his Deputy or Deputies there and to every of them Kent ss Forasmuch as this present day A. B. and C. D. of H. in the said County Yeomen did arrest and bring before me at H. aforesaid one J. S. of H. in the said County Mariner whom they had seen and found the same day as they said shooting in a Hand-gun charged with Powder and a Pellet at a Coney in a certain place in C. within the said County called the Church-field contrary to the Law of this Realm and thereupon praid me that Justice might be done in that behalf J. L. Kt. being the next Justice of Peace in the said County to the place aforesaid did then at H. aforesaid upon the said Request take the Examination of the said J. S. and did then also and there hear the Proofs of them the said A.B. and C. D. touching the said Offence and for that it did then manifestly appear unto me as well by the Testimonies of them the said A. B. and C. D. as also by the plain Confession of him the said J. S. that he had not then Lands Tenements Fees Annuities or Offices to the clear yearly value of 100 l. and that he had shot in the said Hand-gun in manner and form as is aforesaid I do send unto you herewith the Body of him the said J. S. as lawfully Convicted of the said Offence before me requiring you in his Majesties Name to receive him unto your said Goal and him there safely to keep as his Majesties Prisoner until that he shall have truly paid the Pain and Forfeiture of 10 l. of lawful Money of England laid upon him for his said Offence by the Statute thereof made in the 33th year of the Reign of the late King Henry the Eighth that is to say the one Moiety thereof to our said Soveraign Lord and the other Moiety to them the said A. B. and C. D. the first bringers of him before me and this shall be your sufficient Warrant in this behalf hereof fail you not as you will Answer for your Contempt at your own peril Given at H. aforesaid the 20th day of March in the second year of the Reign c. By me the said K. L. V. Lambert 298 299 300. The Record of Conviction for shooting in a Hand-gun contrary to 33 H. 8. cap. 6. Kanc. ss Memorand ' quod 20 die Maij Anno Regni c. A. B. C. D.