they are many and in the Main they tend to one and the same thing though in Circumstances many CHAP. XVII Of Sessions and Matters properly to be done c. by Justices therein c. THE Sessions is the Assembly of any two or more Justices of the Peace one being of the Quorum at a certain Day and Place within the Limits of their Commission appointed to Enquire by a Jury or otherwise to take Knowledge and thereupon to hear and determin according to their Power of Causes within their Commission and Statutes referred to their Charge Lamb. 378. A Sessions held without Summons is good but in such Case none shall lose any thing for Default of Appearing Lamb. 380 381. Summons of the Sessions is usually by Precept Written to the Sheriff and by him to be returned at Sessions Lamb. 381. Precepts for Summoning the Sessions may be made by any two Justices of the Peace one being of the Quorum but not the Custos Rotulorum alone and Summons cannot be discharged by Supersedeas of all other Justices but by Supersedeas out of Chancery Lamb. 382 383. CHAP. XVIII The Justice of Peace his Clerk c. his Business relating to Warrants Hue and Cry Order for Bastard-Children Recognizances Mittimus's Releases Bailments Supersedeas c. in due Form Latin and English and other things with Observations or Notes thereon for better Information Instructions for Clerks to Justices of the Peace containing many necessary Forms or Precedents of Warrants on several Occasions directed to Constables As for Warrants grantable by Justices of the Peace they may be stiled and made after several manners viz. 1st In the Name of the King and yet the Teste may be under the Name of the Justice or Justices of Peace who grant them 2dly Or they may be stiled and made only by the Name of the Justices so granting 3dly Or else be made without any such Stile and only under the Teste of the Justice of Peace or only subscribed by the Justice as the cause requires But not having room for every Particular the Nature of things in this case requires in so small a Book I shall only set down what are most common and useful in their order The Form of a General Warrant for a Misdemeanour Bucks T. G. Esquire one of the Justices of the Peace c. to the Constables of D. c. in the said County and to every of them These are to will and require you in his Majesties Name straightly to charge and command you upon sight hereof to attach and forthwith to bring before me the Body of I. P. Baker to answer such Mattters of Misdemeanour in his Majesties behalf as shall be objected against him and hereof fail not at your Peril Given under my Hand c. or Dated c. The Form of a Warrant for the good Behaviour to the Constables c. Bucks Forasmuch as A. B. of your said Town is not of good Name or Fame nor of honest Conversation a Rioter and Disturber of the Peace of our Sovereign Lord the King as we are given to understand by the complaint of sundry credible Persons Therefore on the behalf of our Sovereign Lord the King we straightly charge and command you or either of you immediately upon sight hereof you or one of you require the said A. B. to come before me or some other of his Majesties Justices of the Peace to find sufficient Sureties and Mainprize as well for his good Abearing towards our said Sovereign Lord and all his Leige-People until the next Quarter-Sessions to be holden in the said County as also for his Appearance then and there and if he shall refuse so to do that then you him safely Convey or cause to be Conveyed to the common Goal of the County aforesaid or to the next Goal of His Majesty 's in the said County there to remain until he shall willingly do the same So that he may be before the Justices of the Peace of our said Sovereign Lord the King within the said County at the next general Sessions of the Peace to be holden for the County and there to Answer our said Sovereign Lord for his Contempt on this Behalf And see that you certifie your Doings in the Premises to the said Justices in the said Sessions bringing then thither this Precept with you Given at B. under my Hand and Seal the fourth Day of December c. The Form of a Warrant immediately in the King's Name Grantable by Justices of the Peace William by the Grace of God King of England c. To our Sheriffs of our County of Oxford the high Constables of the Hundred of R The Petty Constables of the Town of B And to all and singular our Bayliffs and other Magistrates in the said County as well within Liberties as without Greeting forasmuch as L. B. of c. hath come before Sir W. M. Knight and Baronet one of our Justices of the Peace within the said County and hath c. Concluding in the Justices Name thus Witness the said W. M. at B. the _____ Day of _____ c. ☞ Here Note that wherever the Warrant is made in the King's Name as afore there it seemeth it ought to be directed to all Ministers as well within Liberties as without for the King is made a Party and so it may be done it seemeth in all other Warrants especially for Felony or for the Peace or good Behaviour c. because it is the Service of the King and no Franchise or Liberty shall be allowed or hold place against the King Br. Franch 31. However it is further held that the Justices of the Peace of the County may not Intermeddle in any City Town or Liberty which have their proper Justices Vide Dalton Chap. 6. Folio 25. Where you will find it set down more largely The Form of a Warrant for the Peace Surrey To the Constables of C. c. and to either of them Forasmuch as A. B. of your said Town Yeoman hath required Sureties of the Peace against T. L. of your said Town Labourer and withal hath taken his Corporal Oath before me that he requireth the same not for any private Hatred or Evil Will but simply that he is afraid of his Life or the Hurting or Maiming his Body or the Burning of his Houses These are therefore to Will and Require you in His Majesty's Name straitly to charge and command you that immediately upon the sight hereof you or one of you require the said T. L. to come before me or some other of His Majesty's Justices of the Peace within the said County to find sufficient Sureties as well for his Appearance at the next Quarter Sessions of c. to be holden for this County as also that the said T. L. shall in the mean time keep His Majesty's Peace as well towards his said Majesty as towards all People and especially towards the said A. B. and that if he shall refuse so
to answer to such matters as shall be objected against him by N. M. within named to do and receive what the Court shall then and there enjoin him and that he do in the mean time keep the Peace of our said Sovereign Lord the King towards the King's Majesty and all his Liege People and especially towards the said N. M. of E. aforesaid Yeoman that then this Recognizance to be void and of none effect or else to be and remain in full Force and Virtue The Form of a Condition for one to appear before the Justices of Peace at their next Sessions The Condition of this Recognizance is such that if the within Bounden W. A. shall make his Personal Appearance before the King's Majesties Justices of the Peace at the next Quarter-Sessions of the Peace to be holden for the said County of S. then and there to make Answer unto such Matters as on His Majesty's behalf shall be objected against him by W. A. or concerning c. and there shew the Matter shortly and shall also stand and abide such further Order as the said Court shall award or set down therein that then and from thenceforth this present Recognizance shall be frustrate and void or else to remain in full Force and Virtue The Form of a Condition for one that hath dangerously hurt another The Condition of this Recognizance is such that whereas the within bound K. R. hath now dangerously Hurt or Wounded L. G. of R. within the said County of S. Butcher giving him divers Blows or Cuts on the Head Face c. with a Chopper made of Iron and Steel so as the said L. G. is in danger of Death thereby If therefore the said K. R. shall make his Personal Appearance before the King's Majesty's Justices at the next General Goal-delivery to be held in the said County of S. then and there to make Answer to the Premises and to receive that which then shall be by the Court Injoyned him and that he the said K. R. in the mean time do keep the Peace of our said Sovereign Lord the King towards the King's Majesty and all his Liege-people that then c. as before CHAP. XXIV The Forms of Mittimus's to deliver Persons Committed to Goal c. The Form of a Mittimus to send a Disorderly Servant or other Disorderly Person to the House of Correction Berks. I Have send you herewithal the Body of D. B. of R. in the said County of B. being an Idle Dissolute and Disorderly Fellow or one that will not keep his Service nor follow an Honest Course of Life These are therefore to Will and Require you to receive the said D. B. and him safely to keep till he shall be thence delivered by Warrant from my self or some other His Majesties Justices of the Peace for this County of Berks and in the mean time to hold him to hard Labour giving him the moderate Correction of the House by Whipping and otherways according to Law in such Cases provided and hereof fail not at your Peril Dated c. ☞ Note that the Justice at his Discretion may Limit a Time for his Imprisonment in the Mittimus as two or three Days and then to be Discharged c. The Form of a Mittimus of a Felon after his Examination taken Surrey I. B. Knight one of His Majesties Justices for the County aforesaid to the Keeper of His Majesties Goal at the Marshalsea in the Burrough of Southwark in the County aforesaid c. Greeting I send you herewith the Body of B A. late of G. Labourer brought before me this present Day and Charged with the Felonious taking five Swine which he hath also confessed upon Examination before me And therefore these are on the Behalf of our said Sovereign Lord the King to Command you that you immediately receive the said B. A. and him safely keep in your said Goal until that he shall be thence delivered by due Course of Law Hereof fail not as you will answer the Contempt at your Peril Given at C. the Day of in the Year of the Reign of our Sovereign Lord c. ☞ Note here the Party Confessing the Felony on Examination is held to Bar himself of being Bailed by the Justice c. The Form of a Mittimus upon Suspicion of Felony c. Essex I. D. Esq one of the Justices of the Peace for the County aforesaid To the Keeper of his Majesty's Goal at Chelmsford in the said County or to his Deputy there Greeting These are in his Majesty's Name to Charge and Command you that you receive into your said Goal the Body of B. K. late of D. Mariner taken by L. C. Constable of the Town of C. and by him brought before me for Suspicion of Felony c. and that you safely keep the said B. K. in your said Goal until the next General Goal-delivery for the said County if he be not Bailable or if Bailable then thus until he shall be thence delivered by due Course of Law And hereof fail not as you will answer the Contempt at your Peril c. The Form of a Mittimus to send the Reputed Father of a Bastard-child to Goal Warwick I send you herewithal the Body of C. R. of B. in the County of W. Labourer brought before me this present Day and Charged by S. J. of the same Town to have gotten her with Child and for that the said C. 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 Discharge of the said Town of B. and for the keeping of the said Child when it shall happen to be Born according to the Statute in that Case made and provided These are therefore on His Mejesties behalf to Charge and Command you that you immediately receive the said C. R. and him safely keep in your said Goal until such time as he shall be from thence delivered by due Order of Law and hereof fail not as you will answer your Contempt at your Peril Dated c. ☞ Note that in every Mittimus the Cause of the Commitment is to be set down to the end that it may appear and be made known whether the Prisoner be Bailable or not and the Mittimus must be directed to the Goal-keeper or his Deputy Also where the Justices of the Peace out of their Sessions may hear and determin and so may Commit Offenders for the Offences or Fine it is necessary that in their Mittimus there be contained the Manner of the Offence and how long time the Prisoner is to be kept in Prison for it and after this manner with varying the Names of Places and Persons as it shall happen on the Occasion and some other Variations i◠Point of Fact c. These may direct a Clerk to make others c. And Mittimus's may be directed thus c. To the Keeper of His Majesty's Goal
of N. and to the Deputy or Deputies there and every of them And in case one be Committed for a Fact where the Statute appoints the Fine upon the Parties being Convicted before a Justice of the Peace by Witness or his own Confession the Fact must be at large set down as also the Penalty or Summ and then it must be to continue him till he pays the Money therein mentioned as in Case of Unlawful Fishing Hunting Shooting of Conies Pidgeons or the like with Hand-gun c. CHAP. XXIV The Form of Bailment by the Justices of the Peace c. The Form of the Liberate to deliver a Prisoner Committed for Felony Rutland A. D. and C. D. Esquires two of His Majesties Justices of the Peace to the Keeper c. of His Majesties Goal in the County aforesaid Greeting Forasmuch as G. F. c. Labourer hath before us found sufficient Main-prize to appear before the Justices of the Goal-delivery at the next General Goal-delivery to be holden in the said County there to answer to such things as shall be then and there 〈◊〉 â—he behalf of our said Sovereign Lord the King objected against him and namely to the Felonious taking five Geese for the Suspicion whereof he was taken and Committed to your said Go l we Command you on the Behalf of our Sovereign Lord that if the said G. F. do remain in your said Goal for the said Cause and for none other Then you forbear to Grieve or Detain him any longer but that you deliver him thence and suffer him to go at large and that upon Pain that will fall thereon Given under our Hands and Seals this c. The Form of another Bailment where the Goaler can conveniently bring the Prisoner before the Justices Cantabr Memorandum quod Decimo die Novembris c. L. C. de G. c. W. W. de M. c. Venerunt coram nobis S. T. P. T. Militibus duobus Justic Domini Regis ad Pacem Com. praedict conservand Assignat apud H. in Com. praedict Manucep pro G. L. de c. utrumque eorum sub poena viginti Libra c. praedict G. L. nunc ibidem similiter Assumit sub poena Quadraginta Librar consimilis Monetae Angliae de Bonis Catallis Tenement eorum cujuslibet eorum ad opus usum dicti Dom. Reg. Haered Successor suorum fieri levari si praefat L. C. defecerit in conditione indorsata The Condition of this Recognizance is such that if the within Bounden L. C. shall make his Personal Appearance before the King's Majesty's Justices of the Peace at the next general Sessions to be holden for this County then and there to make Answer to our Sovereign Lord the King for and concerning the Suspicion of Stealing five Sheep whereof he standeth charged then this Obligation to be void and of none Effect or else to be and remain in full Force and Virtue c. A Warrant to deliver a Servant out of a Goal Sussex F. B. Armiger unus Justic Domini Regis c. Custodi Gaolae dicti Domini Regis in compraedict Salutem Quia C. W. de R. Labourer coram me invenit sufficient Securitat essendi coram Justic dicti Dom. Reg. ad pacem in com praedict conservand c. ad proximam Generalem Sessinem pacis in com praedict tenend ad respondend tam dicto Dom. Reg. quam D. C. de N. de Transgres contemptu suis contra formam Stat. de servientibus nuper edit provis ideo tibi ex parte dicti Dom. Reg. mando quod praedict C. W. a Prisona tua si ea occasione non aliâ ibid. deteneatur sine dilatione delib fac Dat. c. ☞ Note wheresoever a Justice of the Peace upon his own Motion or Discretion hath committed a Party to the common Goal or any other Goal or House of Correction for want of Sureties for the Peace good Behaviour or for being a vagrant or idle Person or such like it seemeth the same Justice in like discretion may afterwards discharge him again and make his Liberate or Warrant to deliver such Prisoner c. vide 14 Hen. 6. Folio 8. Tit. Impris 27. The Form of a Bailment for the Peace the Party being in Prison Memorand c. B. A. de C. C. D. de L. L. L. C. de M. venerunt coram me G. W. c. manuca erunt pro R. B. de L. quod ipse pacem geret erga cunctum Populum Domini Regis praecipue erga S. I. sub poena cujuslibet manucaptor viginti Librar quod praedict R. B. comparebiâ— coram Justic Domini Regis ad proximam Generalem Sessionem Pacis pro Com. praedict tenend apud L. in Com. praedict c. Dat. CHAP. XXV The Form of Releases by Justices of the Peace c. The Forms of the Release of a Justice of the Peace EGO praefat L. D. qui supra nominatum A. B. ad praed Securitat Pacis inveniend ex mea Discretione compuli eandem securitat Pacis quantum in me est ex mea Discretione primo die Decembris c. remisi relaxavi In cujus rei Testimon huic praesenti relaxationi meae sigillum meum apposui Dat. Die Anno superdictis The Form of the Release of a Party before the same Justice that took it Ebor. Memorand quod Decimo Die Novembris c. praefat L. K. venit coram me R. G. Gratis remisit relaxavit quantum in se est praedict securitat pacis per ipsum coram me versus supra nominatum B. A. petitam In cujus rei Testimon ego praefat R. G. sigillum meum apposui Dat. c. ☞ Note that these two Releases are to be written under the Recognizance it self and if the Justice shall only Subscribe his Name without his Seal it is sufficient especially where the Recognizance is not Sealed Or the Release of the Party may be by it self in this Form Cantab. Memorand quod D. C. de S. in compraedict Yeoman Vicesimo Die Decembris Anno Regni Dom. nostri c. venit coram me B. I. Armig. uno Justic dicti Dom. Regis ad Pacem in Com. praedict conservand assign apud W. in com praed ibi remisit gratis relaxavit W. L. de S. in Com. praed Labourer Securitatem pacis per ipsum D. C. versus dictum W. L. coram me petitam Dat. Die Anno supradictis And if the Release be made before another Justice who took not or hath not the Recognizance it may be thus Memorand quod D C. de S. in com praedict Yeoman Vicesimo Die Decembris venit coram me D. N. Armig. uno Justic dicti Dom. Regis ad Pacem in com praed conservand assign apud S. in com praedict Securitatem Pacis quam habet versus I. D. de V. c. penitus Remisit relaxavit Dat. Die Anno
Elizabeth Entituled An Act for the Relief of the Poor These are to Will and Require you whose Names are here Under-written That you together with the Church-wardens of your Parish for the Time being do according to the Form of the same Statute take Order from Time to Time for the Year to come for the setting to Work the Poor within your Parish and for raising a convenient Stock of some Wares or Stuffs in your Town to that Purpose and providing necessary Relief for such as are Lame and Impotent amongst you and for the placing Apprentices such Children whose Parents are not able to Maintain them And hereof see that you fail not at your Peril Dated c. Under the Hands and Seals of us c. This Warrant must be under the Hands and Seals of two Justices of the County The Form of a Warrant to Distrain such as refuse to pay their Rates to the Poor c. To the Church-wardens and other Overseers of the Poor within the Parish of K. and every of them Warwick Forasmuch as we are Credible Informed or that it hath been duly proved before us That the Persons here under-named do refuse to Contribute or pay the Summs of Money here undermentioned set upon their Heads being sessed and rated upon them severally for and towards the necessary Relief of the Poor of your said Town according to the Form of the Statute in that behalf lately provided These are therefore in his Majesties Name straitly to charge and command you and every of you forthwith to require the said Persons so refusing to be before us to shew cause of their said Refusal and if they or any of them shall refuse to come before us that then immediately you do Levy all and every the said several Sums of Mony unpaid and all Arrearages thereof of all and every the said Persons so refusing by Distress and Sale of the Offenders Goods you rendring to the said Parties the Over-plus that shall remain upon the Sale of the said Goods if any be and this shall be a sufficient Warrant for your so doing Dated c. ☞ Note the Parties offending must be named here c. CHAP. XXI The Form of a Warrant for suppressing an Ale-house Surrey W. L. and C. L. two of his Majesty's Justices of Peace within the said County of S. To the Constables of G. and either of them Greeting Whereas we are credibly informed that M. B. of your Town Victualler is himself a Man of Evil Behaviour and besides doth suffer Evil Rule and Disorder to be kept in his House contrary to the Laws and Statutes of this Realm These are therefore to will and command you forthwith to repair to the House of the said M. B. and to charge him to surcease keeping any longer any Ale-house or Tipling-house and from common selling of Ale or Beer at his Peril and withal that you cause his Sign to be pulled down and hereof fail not as you and either of you will answer the contrary at your Peril Given under our Hands and Seals at T. the Day of and in the Year of the Reign of our most Gracious Sovereign Lord King William the third c. But it is usual with the Justices e'er they grant this last Warrant or a Warrant to Levy Monies forfeited by Ale-house Haunters to send for the Offenders and Examin them of the Offence that the Truth may be known and that the Information be not upon the Account of Brangling or Malice between the Parties so informed against and the Party informing but the Truth known upon plain Conviction Forfeitures in the latter Case may be Levyed upon refusal to pay by Distresses and Sale of Goods and for want of such Distress the Offenders set in the Stocks c. See more in the Office of a Constable in this Book CHAP. XXII Supersedeas Grantable by Justices of the Peace to supercede Warrants c. their Forms The Form of a Supersedeas by a Justice of Peace Sussex R. D. Esquire one of the Justices of Peace of our Sovereign Lord the King within the County of Sussex To the Sheriffs Bailiffs Constables and other of the Faithful Ministers of our Sovereign Lord within the said County and to every of them sendeth Greeting Forasmuch as L. T. of C. c. Husbandman hath personally come before me at D. c. and hath found sufficient Sureties that is to say W. C. and R. B. c. Yeomen either of which hath undertaken for the said L. T. under the pain of Twenty Pounds and the said L. T. hath undertaken for himself under the pain of Forty Pounds that he the said L. T. shall well and truly keep the Peace towards our Sovereign Lord and all his Leige People and especially towards R. M. of c. Baker and also that he shall personally appear before the Justices of the Peace of our said Sovereign Lord at the next General Sessions of the Peace to be holden for this County of Sussex Therefore on the behalf of our said Sovereign Lord I command you and every of you that you utterly forbear to Arrest Attatch Take or Imprison or otherwise by any means for the said occasion to molest the said L. T. and if you have for the said occasion and no other taken or imprisoned him that then you do cause him to be delivered and set at Liberty without farther Delay Given at D. in the County aforesaid under my Hand and Seal this 29 of January c. ☞ Note a Supersedeas of this Nature is held good though the Sureties are not named nor the Summ they are penally obliged in yet it is better to express them both for in such case if it shall appear the Sureties are not sufficiently Responsible nor bound in sufficient Summs better Sureties may be taken and accordingly all the Supersedeas issuing out of the Court of Chancery King's-bench and Common-pleas do mention the Names of the Sureties and the Summs they are obliged in for the Delinquents forth-coming to answer c. And further note that upon good Sureties taken for the good Behaviour a Supersedeas of good Behaviour may be granted as for the Peace Mutatis mutandis Crompt 237. Also a Supersedeas de capias indictamentum de Transgressione and so of an Exigent may be granted by the Justices of Peace out of the Sessions otherwise it would be Mischievous for the Party not only by Reason of his Imprisonment but also that he may be outlawed before the Sessions if so it were that the Justices of Peace might not take Sureties of him for his Appearance and all is no more than to appear and answer to the Indictment And these according to Crompton's Opinion Cromp. 234. may be granted by one Justice of the Peace and with him agree the Books of Entries However Lambert thinketh it not in the lawful Power of any one Justice of Peace to grant such Supersedeas at this Day but that it must run in the Names
of two Justices one to be of the Quorum Lam 508. However a great many Presidents run in the Name of one Justice of the Peace which seemeth to be the ancient Practice Notwithstanding the joining of two Justices of Peace herein and one of them of the Quorum is on all Hands concluded most Authentick and so Dalton is of the Opinion it ought to be The Form of a Supersedeas to deliver one out of Prison for Trespass or the like Wigorn. T. B. Armig. Vnus Just Dom. Reg. nunc ad Pacem in Com. Praed Conservand Constabut Ville de S. nec non custodi Gaolae dicti Domini Regis in Com. praed Salutem Quia M. B. de C. Labourer venit coram me invenit suffic securitat essendi coram Justic dicti Domini Regis ad Proximam Generalem Session Pacis in Com. praedict tenend ad respondend tam Domino Regi quam C. B. de quibusdam Transgr s seu Contemptibus c. per ipsum perpetratis ideo vobis cuilibet vestrum Mando quod praedict M. B. à custodia vestra sine dilatione deliberari faciatis alio mandato meo inde direct interim supersedere hoc Mandatum meum erit vobis cuilibet vestrum Warrant Datum apud V. tali Die c. Or you may begin it thus ss T. B. Armig. Justic Constabul Ville de S. nec non c. Supersedeas de Exig Fac. de Felonia Ebor. Gulielmus c. Vic. Com. Ebor. Salutem Quia D. C. de B. in Com. tuo Pistor venit coram F. E. invenit sufficien Manucaptor essendi coram Custod Pacis nostrae ac Just nostris ad diversas Felon c. ad General Session Pacis nostrae apud G. tali die tenend ad respondend nobis de quibusdam Feloniu unde indictatus est Ideo tibi praecipimus quod de ulterius Exigent praefat D. C. ad aliqu Comitat tuum vel Imprisonand sive ipsum ea occasione aliqualiter molestand omnino supersed habeas ibi tunc hoc breve Teste W. M. apud L. tali Die Anno. c. Supersedeas de capias pro fine Cantab. I. B. Armiger unus Justic Dom. Regis nunc ad Pacem in com praedict Salutem Quia L. C. de N. in dict com Tonsor venit coram me invenit sufficient Manucapt essendi ad proximam Generalem Sess Pacis in Comitat. praedict tenend ad faciend Finem cum dicto Dom. Rege pro quibusdam Transgres Contempt offensis unde indictatus existit Ideo tibi praecipio quod de capiend praef L. C. Imprisonand seu ipsam ea occasione aliqualit molestand omnino supersed habeas ibi tunc hoc praeceptum Teste me c. There are other Supersedeas's on several occasions but finding these Forms I thought good to set them down as a Light to further Matter of this Kind and for a Treatise of them more at large I refer you to Dalton Chap. 133. Crompton 234. CHAP. XXIII The Forms of Recognizances on several occasions to be taken by Justices of Peace and written by them or their Clerks c. The Form of a single Recognizance to be taken before a Justice of the Peace Surrey Memorand quod die Anno Regni Domini nostri Gulielmi tertii Dei Gratia Angliae Scotiae Franciae Hiberniae Regis Fidei Defensoris c. Venerunt coram M. D. W. C. Armiger Justiciar dicti Domini Regis ad Pacem in Com. S. conservand Assignat S. I. de B. in comitatu praedict Yeoman W. S. de eodem Textor ac D. R. de S. in comitat praedict Sutor Recognover se debere Dicto Domino Regi viz. quilibet Manucapt praedict decem Libr. Praedict S. I. in viginti Libr. bonae et legalis Monetae Angliae solvend eidem Domino Regi in Festo Purificationis Beatae Mariae Virginis proximo futur post dat present nisi fecerint concesserunt pro se Haered Executor Administ suis per presentes quod dicta separales summae levent recuperent de maneriis Mesuagiis Ter. Tenement Bonis Catallis Haereditament ipsor S. I. W. S. D. R. Haered Executor Assign suor ubicunque fuerint invent Dat. c. The Form of a Recognizance for the Peace Sussex Memorand quod Die Anno Regni Domini nostri Gulielmi Tertii Dei Gratia c. P. P. de E. in com praedict Auri faber in propria persona sua venit coram me T. L. Armig. uno Justic dicti Dom. Reg. ad pacem in dicto com conservand assign assumpsit pro seipso sub poena Quinquaginta Libr. W. I. de M. in com praed Yeoman T. N. de c. Agricultur tunc ibid. in propriis personis suis similiter vener manuceperunt pro praedict P. P. viz. quilibet cor separat sub poena vigint quinqu lib. quod idem P. P. personalit comparebit coram Justic Dom. Reg. ad pacem ad prox Generalem Sessionem pacis in com praedict tenend ad faciend recipiend quod ei per curiam tunc ibid. injungetur quod ipse interim pacem dict Dom. custodiet erga ipsum Dom. Reg. cunct populum suum praecipue versus N. M. Yeoman quod dampnum vel malum aliqu Corporale gravamen Praef. N. M. aut alicui de populo dicti Dom. Regis quod in Laesionem aut Perturbationem pacis ipsius Domini Regis seu praef N. M. cedere valeant quovis modo non faciet nec fieri procurabit Quam quidem sum Quinquaginta lib. praedict P. P. quilibet Manucapt praed praedictas separales summas viginti quinque Libr. se debere dicto Dom. Regi de Terris Tenementis bonis catallis suis quorumlibet cujuslibet eor ad opus dict Domini Regis Haered successor suor fieri levari ad quarumcumque manus devenerit si contigerit ipsum P. P. praemissa vel eorum aliquid in aliquo infringere inde Legitimo modo convinci In cujus rei Testimon ego praedict T. L. sigillum meum apposui Dat. apud c. ☞ Note here if the Justice only subscribe his Name to the Recognizance without putting his Seal it may be well enough And further that all Bonds Obligations and Recognizances that shall be taken by any Justice of the Peace or any other Person for any cause touching the King must be made and be taken in his Name and by these words Domino Regi c. under a Penalty to him that takes them as I have elsewhere said The Forms of Conditions of Recognizances to be set under the Recognizance or Indorsed The Form of a Condition to keep the Peace The Condition of this Recognizance is such that if the within bounden P. P. shall personally appear before the Justices of our said Sovereign Lord the King at the next General Sessions for the Peace to be held in the said County of Sussex
seemeth that he may be Indicted for they may inquire of all Trespasses where a Man may have his Action of the Case Crompt 121. a Num. 21 and 122. a Num. 29. A Justice of the Peace Certifying into the King's-bench that such a one broke the Peace in his Presence the Party shall be put to his Fine without a Traverse to the same Cromp. 132. a. A Justice of the Peace who is of the Quorum ought to be Resident in the County where he is a Justice of the Quorum 2 Hen. 5. Chap. 4. Cromp. 122. a. Num. 32. The Justices at Newgate sit by Virtue of 2 Commissions Goal Delivery and Oyer and Terminer 4 Eliz. Chap. 2. And where the same Persons are Justices of Goal Delivery and Oyer c. They may sit the same Day and Place and inquire by the same Jury yet the Entry of the Records must be several as the Indictment is Dalt 168. A Justice of the Peace commandeth one by his Precept under Penalty of 10 l. to be at the Quarter Sessions next ensuing it and he appeareth not no Scire Facias shall go forth more than if there had been a Subpoena however it seemeth he shall be Attached to be at the next Sessions upon Contempt Cromp. 123. a. Num. 9. CHAP. III. What one Justice of Peace may do by Power and Virtue of his Commission without requiring to be joyned with another or more in Acting in what relates to his Office HE may cause all such as are fit to Work in Harvest or Hay-time and after Licence them to go unto any other County He may Rate the Prizes of deceitful Malt to be sold by 2 Edw. 6. 10. He may compel one fit in his Discretion to be bound Apprentice by 5 Eliz. 4. He may it seems give Directions to Watchmen Keepers and Searchers of infected Persons Crompt 126. b. He may cause to be Whipped Trespassers in Orchards Corn Hedges or Woods not able to give any Satisfaction And it seems he may hear and determine by Examination or otherways by his Discretion the Offences committed in Tile-making One Justice of Peace may command Vagrant Persons to Prison if they will not serve He may upon his View of forceable detainer Record it by 15 Rich. 2. Chap. 2. Dalt 81 82. He may Punish Deceit in Cloth by Tenters c. He may cause High-ways to Markets to be enlarged and cleansed of Trees and Bushes 13 Edw. 1. Chap. 5. He may Punish Keepers of Places for unlawful Games and the Players at those Games He may Punish Prophane Swearing in his Presence made out by Testimony or Conviction by the Party 's own Confession He may Punish Offences in Watermen and Transporters of Corn. He may Punish Defaults of Collectors of Sheriffs Amercements and of Bayliffs of the Hundreds Soldiers that Purloin their Horse or Harness He may prevent a Riot stay it and Commit them that are concerned in Acting of it One Justice of the Peace upon Complaint may Commit till the Assizes or Sessions any Popish Recusant Convicted above 18 Years of Age under the Degree of a Baron so for refusing the Oath of Allegiance 7 Jacobi 1. Chap. 6. He may cause to be set in the Pillory in the next Market-town Persons Convicted of Breaking the Assize of Fuel and not able to pay the Forfeiture with a Billet or Faggot bound to his Body 7 Edw. 6. C. 7. Quaere whether one alone can Commit him He may cause an Unlicensed Ale-house-man openly to be Whipped after Conviction where there is no sufficient Distress to pay the Penalties 3 Caroli 1. 3. He may upon View or Proof by two Witnesses Warrant the Levying 20 l. Forfeiture for an Unlicensed Ale-house to be given to the Poor One Justice may demand the Peace against an other Man Lamb. 81. And he may Punish Persons going or riding Armed contrary to the Statute of 2 Edw. 3. A Justice may inquire of Felo de se hid or cast into the Sea where the Coroner cannot have the View of the Body 3 Inst 55. And he may send Writs for Fugitive Labourers by 2 H. 5. C. 4. St. 1. He may take an Information out of the County against an Offender in the County 1 Cro. 213 So a Recognizance to Prosecute by Assent of the Parties out of the County but cannot use Coercive Power Ibid. A Justice of the Peace Inhabiting in the Hundred where one was Robbed may if he be at York or London take the Party's Oath being but an Examination and no Act of Jurisdiction A Justice of Peace in London ought to send Felons to the Common Goal not to the Counters 1 Co. 120. He may take an Indictment of Barretry without a special Commission 2 Cro. 32. A Justice in open Court may alter the Panel or a Jury Sworn only for the King 2 Co. 59. One Justice of the Peace is sufficient to certify carrying of Corn from one Place to another to sell against the Statute of Fore-stalling joyned with the Customer He may Bind a Cheater to his good Behaviour c. Dalt 63. 7 Jacobi 1. He may Convict of Drunkenness by 12 Jacobi 1. C. 7. He may Seize the Goods of Gipseys within a Month after their Arrival c. By the 22 Hen. 8. C. 10. He may Record a Riot in his View and Commit the Rioters or bind them to their good Behaviour but single or alone proceed no further Dalt 195. He may punish Spoilers of Fish-ponds and cause their Nets to be cut and burnt 17 Rich. 2. He may take the Claim of a Horse Stolen 31 Eliz. 12. He may Examine and Bind over unlawful Hunters in the Night time c. 1 Hen. 7. C. 7. The like of taking or killing Conies in the Night-time 22 23 Caroli 1. He may compel a Vintner to draw a Man Wine who demands it and offers Payment 24 Hen. 8. Dalt 242. He may Convict of the Breach of the Lord's day against Stat. 29 Caroli 2. And may allow of Cause for Travelling in a Boat on the Lord's-day according to the said Statute CHAP. IV. The Power of two Justices of the Peace Acting joyntly within the Compass of their Jurisdiction by Virtue of their Commission and Office c. TWO Justices of the Peace upon View of a Riot or Rout may Record the same and with the Sheriff or under Sheriff 13 Hen. 4. C. 7. Crompt 16. Num. 9. to inquire by a Jury and fine the Rioters Dalt 195. Quaere Two Justices on Complaint that a Servant departed before his Term ended c. Are to Examine and Commit if they see Cause See more of Labourers and Servants of a Constable c. They may Bind one to the Quarter-Sessions to Answer his Offence against a Penal-law Lamb. 187. Vide Dalt They may Allow and discharge an Ale-house-keeper at Discretion There must be two Justices of the Peace for appointing Overseers for Woolen-cloth for a Year c. So to convene Persons fit to discover any Offence in the