again and go wandering and will not Labour as they were wont in times past Process And to take and arrest all those that they may find by Indictment § 1. N. 5. or by Suspition to put them in Prison Bayl. And to take of all them that be not of good Fame § 1. N. 6. where they shall be found sufficient Surety and Mainprize of their good behaviour towards the King and his People and the other duly to punish to the Intent that the people be not by such Riotors or Rebells troubled nor endamaged nor the Peace blemished nor Merchants nor others passing by the high-ways of the Realm disturbed nor put in the peril which may happen of such Offenders 1 R. 3. 3. § 1. N. 2. Coron And also to Hear and Determine at the Kings Suit § 1. N. 7 all manner of Felonies and Trespasses done in the same County according to the Laws and Customs aforesaid Justices And that Writs of Oyer and Terminer § 1. N. 8. be granted according to the Statutes viz. 2 Ed. 3. Cap. 7. thereof made and that the Iustices which shall be thereto Assigned be named by the Court and not by the Party Enquest And the King will that all general Enquiries before this time granted § 1. N. 9. within any Seigniories for the Mischeifs and Oppositions which have been done to the People by such Inquiries shall cease utterly and be repealed Amerciaments And that Fines which are to be made before Iustices for a Trespass done by any Person be reasonable and just § 1. N. 10. having regard to the quantity the Trespass and the causes for which they be made Measures Item It is Accorded that they which shall be Assigned to keep the Peace Cap. 5. shall have Power to Enquire of Measures according to the Statute thereof made the five and twentieth year of the Reign of our Lord the King viz. 25 Ed. 3. St. 5. Cap. 9. Days Item That in the Commissions of Iustices of the Peace 36 Ed. 3. C. 12. and of Labourers Express mention be made that the same Iustices make their Sessions four times by the year that is to say one Sessions within the Utas of the Epiphany the second within the second week of Lent the third between the Feasts of Penticost and of St. John Baptist the fourth within the eight days of St. Michael 2 H. 5. Cap. 4. § 2. N. 2. 25. Ed 3. Cap 8. Enquest It is Assented c. that c. in all Enquiries within the Realm 42 Ed. 3. C. 4. § 1. N. 2. Commissions shall be made to some of the Iustices of the one Bench c. or Iustices of the Peace with others of the most worthy of the County c. Accountant And that he viz. that will Complain of Sheriffs C. 9. § 1. N. 4. Leavying of the Kings Debt c. have his Suit as well before Iustices of the Peace as before other Iustices Statuta Rich. 2. Peace ITem 1 R. 2. Cap. 2. Our Lord the King greatly desiring the Tranquillity and quietness of his People Willeth and straightly Commandeth that the Peace within this Realm of England be surely observed and kept so that all his Lawful Subjects may from henceforth Safely and Peaceably go and come and dwell according to the Law and Vsage of the Realm Pleading And that Iustice and Right § 1. N. 6. be indifferently Ministred to every Person Riot Commissions shall be awarded to arrest Rioters 2 R. 2. C. 7. and other persons Offensive to the Peace and to Imprison them A Repeat of the Statute of 2 Rich. 2. Cap. 7. touching Riots 2 R. 2. St. 2. C. 2 Justices A profitable Act not Printed 4 Inst 176. 3 R. 2. N. 39. Rot. Pat. Treason It shall be Treason to begin a Riot or Rumour 1 Ed. 6. 5 R. 2. C. 6. § 1. N. 2 Cap. 12. Cap. 7. § 1. N. 2. And in such case viz. where entry is given by Law not with strong hand nor with multitudes of people Force but only in peaceable and easy manner 15 Ric. 2 Cap. 2. 7 Ric. 2. Ca. 5. Iustices c. shall Examine Vagabonds Poor bind them to their good abearing or Commit them to prison Cap. 13. Item It is ordained and assented Riot and also the King doth prohibit that from henceforth no man shall ride in Harness within the Realm Contrary to the form of the Statute viz. 2 Ed. 3. Cap. 3. of Northampton thereupon made neither with Launcegay within the Realm the which Launcegayes be cleerly put out within the Realm as a thing prohibited by our Lord the King upon pain of Forfeiture of the said Launcegayes Armours and other Harness in whose hands or possessions they be found that bear them within that Realm Contrary to the Statutes and Ordinances aforesaid without the Kings special Lycene 20 Rich 2. Cap. 1. 12 Ric. 2. Ca. 2 Item Chancery It is accorded that the Chancellor c. and all others that shall be called to ordain name or make Iustices of Peace c. shall be firmly sworn that they shall not ordain c. for any gift or Brocage Favour or Affection Cap. 10. Item It is ordained and agreeed Justices that in every Commission of the Iustices of Peace there shall be Assigned but six Iustices with the Iustices of Assises 14 Ric. 2. Cap. 11. § 1. N. 2. And that the said six Iustices shall keep their Sessions in every Quarter of the Year at least and by three dayes if need be Dayes upon pain to be punished according to the Discretion of the Kings Counsel at the suit of every man that will Complain 25 Ed. 3. Cap. 8. and 2. H. 5. Cap. 4. § 2. N. 2 14 H. 6. Cap. 4. N. 4. § 1. N. 3. And they shall enquire diligently among other things touching their Offices if the said Majors Bayliffs Stewards Constables Enquest and Goalers have duly done Execution of the said Ordinances viz. 12 R. 2. Cap. 3. 4. 5. 6. 7. 8. 9. Of Servants and Labourers Beggars and Vagabonds and shall punish them that be punishable by the said pain of an hundred shillings by the same pain and they that be found in default and be not punishable by the same pain shall be punished by their Discretion § 1. N. 4. And every of the said Iustices shall take for their wages four Shillings the day for the time of their said Sessions Fees and there will be two shillings of the Fines and Amerciaments rising and coming of the same Sessions by the hands of the Sheriffs § 1. N. 5. And that the Lords of Franchises shall be contributory to the said Wages after their rate of their part of Fines and Amerciaments aforesaid Franchise § 1. N. 6. And that no
of Peace but only in the common Gaol Saving to Lords and other their Franchise in this Case Peace And that the Peace within the Realm be holden and kept so 7 H. 4. cap. â § 1. N. 4â that all the Kings Leige people and Subjects may from henceforth safely and peacably go come and abide according to the Laws and Vsages of the same Realm Games And the Iustices of Peace in every County of England C. 7. § 1. N. 6. and also the Mayor and Sheriffs and Bailiffs of Cities and Boroughs within the same Cities and Boroughs shall have power to inquire of all such deceitful makers of Heads and Quarels viz. of Arrows and to punish them as aforesaid Riot None shall be punished for repressing the late Riots Cap. 18. Justices Item It is ordained and established that if any Riot Assembly 13 H. 4. Cap. 7 or Rout of People against the Law be made in parties of the Realm that the Iustices of Peace three or two of them at the least and the Sheriff or Vnder-Sheriff of the County where such Riot Assembly or Rout shall be made hereafter shall come with the power of the County if need be to arrest them and shall arrest them 2 H. 5. cap. 8. and 19 H. 7. cap. 13. § 1. N. 2. And the same Iustices and Sheriff or Vnder Sheriff Record shall have power to record that which they shall find to be done in their presence against the Law 2 H. 5. cap. 8. § 1. N. 2. and 19 H. 7. cap. 13. § 1. N. 2. § 1. N. 3. And that by the Record of the same Iustices and Sheriff Sheriff or Vnder-Sheriff such Trespassers and Offenders shall be convict in the manner and form as is contained in the Statute of forcible Entries viz. 5 R. 2. Cap. 7. § 1. N. 3. and 15 R. 2. Cap. 2. § 1. N. 3. 2 H. 5. Cap. 8. § 1. N. 2. and 19 H. 7. Cap. 13. § 1. N. 3. § 1. N. 4. And if it happen that such Trespassers and Offenders be departed before the coming of the said Iustices Sheriff and Vnder Sheriff Enquest that the same Iustices three or two of them shall diligently enquire within a Month after such Riot Assembly or Rout of people so made and thereof shall hear and determin according to the Law of the Land 2 H. 5. Cap. 8. § 1 N. 3. and 19 H. 7. 13. § 1. N. 4. § 2. N. 1. And if the truth cannot be found in the manner as is aforesaid Certificat then within a Month then next following the Iustices three or two of them and the Sheriff or Vnder Sheriff shall certifie before the King and his Counsel all the Deed and Circumstances thereof 2 H. 5. Cap. 8. § 1. N. 4 and 19 H. 7. Cap. 13. § 1. N. 9. § 2. N. 2. Which Certificat shall be of like force as the Presentment of twelve Judgment upon which Certificat the said Trespassers and Offenders shall be put to Answer 2 H. 5. Cap. 8. § 1. N. 4. § 2. N. 3. And they which shall be found guilty Execution shall be punished according to the Discretion of the King and his Counsel 2 H. 5. Cap. 8. § 1. N. 5. § 3. N. 1. And if such Trespassers and Offenders do Traverse the matter so certified the same Certificat and Travers Travers shall be sent into the Kings Bench there to be tryed and determined as the Law requireth § 3. N. 2. And if the same Trespassers do not appear before the King and his Counsel or in the Kings Bench at the first Precept Process there shall be another Precept directed to the Sheriff of the County to take the said Trespassers and Offenders if they may be found and to bring them at a certain day before the King and his Counsel or into the Kings Bench. § 3. N. 3. And if they cannot be found that the Sheriff Notice or Vnder Sheriff shall make Proclamation in his full County next ensuing the delivery of the second Precept that they shall appear before the King and his said Counsel or in the Kings Bench or in the Chancery in time of Vacation within three weeks then next following § 3. N. 4. And in case the same Offenders come not as afore is said Attainder and the Proclamation made and returned they shall be Convict and Attainted of the Riot Assembly or Rout aforesaid notwithstanding any Article or Ordinance made to the contrary § 4. N. 1. And moreover that the Iustices of Peace 2 H. 5. C. 8. § 1. N. 6. dwelling nighest in every County where such Riot Assembly Justices or Rout of people shall be made hereafter together with the Sheriff or Vnder Sheriff of the same County and also the Iustices of Assises for the time that they shall be there in their Session in case that any such Riot Assembly or Rout be made in their presence shall do Execution of this Statute every one upon pain of an hundred pounds to be paid to the King as often as they shall be found in Default of the Execution of the same Statute Statuta Hen. 5. 2 H. 5. C. 4. ITem Forasmuch as the Servants and Labourers Apprentice of the Shires of the Realm do fly from County to County because they would not be Iustifiby the Ordinances and Statutes by the Law for them made to the great damage of Gentlemen and others to whom they should serve because that the said Ordinances and Statutes for them ordained be not Executed in every Shire Trades § 1. N. 2. Our Lord the King willing in this case to provide a Remedy by the Advise and Aâsent aforesaid and at the request of the said Commons hath ordained and established that the Statute of Labourers made at Canterbury viz. 12 R. 2. Cap 3. c. and all other good Statutes of Labourers made and not repealed be firmly holden and kept and put in due Execution Process § 1. N. 3. And moreover that the Iustices of Peace have power to send their Writs for such fugitive Labourers to every Sheriff of the Realm of England and to make Process as the Statute requireth to bring them before them to answer to our Soveraign Lord the King and to the parties of the Contempts and Trespasses made or done against the Ordinances and Statutes aforesaid in like manner as the Iustices have power to send to every Sheriff for the Felons before them Indicted Apprentice And also that all the Statutes and Ordinances of Labourers § 1. N. 4. Servants and Artificers before this time made and not repealed be Exemplified under the great Seal and sent to every Sheriff of the Realm of England thereof to make Proclamation in the full County and after this Proclamation so made that every Sheriff shall cause the said
Exemplification to him directed to be delivered to the Iustices of the Peace in his County named of the Quorum or to one of them to remain with such Iustices which be or shall be for the better putting of the foresaid Statutes and Ordinances in due Execution Sheriffs And in Shires where divers Commissions of the Peace be made § 1. N. 5 there shall be so many Exemplifications of the Statutes and Ordinances aforesaid made as be Commissioners of the Peace in the same Shires and sent to the Sheriffs to make Proclamation and to deliver the same as is aforesaid Justices And that the Iustices of Peace in every Shire named of the Quorum § 2. N. 1. be resident within the same Shire except Lords named in the Commission of the Peace and also except Iustices of the one Bench and of the other the cheif Baron of the Exchequer Serjeants at the Law and the Kings Atturney be attending and occupyed in the Kings Courts or otherwise in some other place occupyed in the Kings Service Days And make their Sessions four times by the year § 2. N. 2. that is to say in the first week after the Feast of St. Michael and in the first week after the Epiphany and in the first week after the Clause of Easter and in the first week after the Translation of St. Thomas the Martyr and more often if need be 36 Ed. 3. Cap. 12. and 25 Ed. 3. Cap. 8. and 14 H. 6. Cap. 4. § 1. N. 4. And that the same Iustices hold their Sessions throughout the Realm of England in the same weeks every year from henceforth 12 Rich. 2. § 2. N. 3. Cap. 10. § 1. N. 2. Apprentice And also the Iustices of Peace from henceforth have power to Examin § 2. N. 4. as well all manner of Labourers Servants and their Masters as Artificers by their Oaths of all things by them done contrary to their said Ordinances and Statutes and upon that to punish them upon their confession after the effect of the Statutes and Ordinances aforesaid as though they were Convict by Enquest Sheriffs And that the Sheriff in every Shire of the Realm of England § 2. N. 5. shall do well and duly his Office in this behalf upon pain to loose and to forfeit to our Lord the King twenty pounds Religion And moreover that the Iustices of the Kings Bench Cap. 7. § 1. N. 9. and Iustices of the Peace and Iustices of Assise have full power to enquire of all them which hold any Errors or Heresies as Lollards and which be their Maintainers Favourers and Sustainers Comon-writers of such Books as well of the Sermons as of their Schools Conventicles Congregations and Confederacies and that this Clause be put in Commssions of the Iustices of the Peace Riot Item Cap. 8. Whereas it is contained in the Statute made the thirteenth year of the noble King Henry Father to our Lord the King that now is viz. 13 H 4. Cap. 7 amongst other things that if any Riot Assembly or Rout of people against the Law be made in any part of the Realm then the Iustices of the Peace three or two of them at the least and the Sheriff or under Sheriff of the County where such Riot Assembly or Rout shall be made hereafter should come with the power of the said County if need were to arrest them and them should arrest 19. H. 7. Cap. 13. § 1. N. 2. And viz. 13 H. 4. Cap. 7. § 1. N. 2. the same Iustices Record Sheriffs or under Sheriffs should have power to record that which they find so done in their presence against the Law and viz. 13 H. 4. Cap. 7. § 1. N. 2. that by Record of the same Iustices Sheriff or under Sheriff such Trespassers or Offenders should be Convict in manner and form as is contained in the Statute of forcible entries 19 H. 7. Cap. 13. § 1. N. 2. 3. § 1. N. 3. And viz. 13 H. 4. Cap. 7. § 1. N. 4. Enquest if it happen that such Trespassers or Offenders were departed before the coming of the Iustices Sheriff or under Sheriff that the same Iustices three or two of them shall diligently enquire within a month after such Riot Assembly or Rout of people so made and the same hear and determin according to the Law of the Land § 1. N. 4. And viz. 13 H. 4. Cap. 7. § 2. Certificat N. 1 if the truth could not be found in manner as afore is said within a month then next ensuing the said Iustices three or two of them and the Sheriff or under Sheriff shall certifie before the King and his Counsel the Deed and circumstance of the same viz. 13 H. 4. Cap. 7. § 2. N. 2. which Certificat shall be of like force as the Presentment of twelve men upon which Certificat the said Trespassers and Offenders shall be put to Answer § 1. N. 5. And viz. 13 H. 4. Cap. 7. § 2. N 2. Judgement they which be found guilty should be punished according to the discretion of the King and his Counsel § 1. N. 6. And viz. 13. H. 4. Cap. 7. § 4. N. 1. Justices moreover that the Iustices of Peace dwelling neerest in every County where such Rout Assembly and Riot of people should be made hereafter together with the Sheriff or under Sheriff of the same Counties and also the Iustices of Assise for the time that they shall be in their Sessions in case that any such Riot Assembly or Rout be made in their presence shall make Execution of this Statute every one of them upon pain of 100 l. to be paid to the King as often as they shall be found in default of Execution of the same Statute § 1. N. 7. And forasmuch as many Riots Routs Process and Assemblies have been made in divers parts of the Realm since the making and proclamation of the same Statute viz. 13. H. 4. Cap. 7. because that the same Statute hath not been put in due Execution as our Soveraign Lord the King perceived by divers and grievous complaints to him made in this present Parliament § 1. N. 8. The same our Lord the King willing hereof to provide a better remedy Riot by the advice and assent aforesaid and at the suit of the said Commons hath ordained and established that if default be found in the said two Iustices of the Peace or Iustices of Assise and the Sheriff or under Sheriff of the County where such Riot Assembly or Rout shall be made touching the Execution that they ought to make by Virtue of the said Statute viz. 13. H. 4. Cap. 7. and whereof the said Statute maketh mention that then at the instance of the party greived the Kings Commission shall go out under his great Seal to enquire as well of the truth of the Case and of the Original matter
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
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
because the Statute 15 R. 2. 2. § 1. N. 3. is that the Justice shall Record the Force and Commit him and this is for the King as in the Case where a Constable Arrest one that would assault him he may Imprison him till he will find Sureties of the Peace per Curiam 5 H. 7. 6. faux Imprisonment Br. 42. and yet I heard Flowerdew Justice of Assize at Stafford in his Charge there say That it hath been often seen that a Justice of Peace who hath executed his Office in his own Case hath been punisht in the Star-Chamber 43 Eliz. 7. § 3. N. 1. Dalt 344. cap. 120. § 2. XX. Lambert 2. cap. 4. pag. 147. And as the Statute 8 H. 6. 9. § 2. N. 3. Costs saith that this ought to be done at the Costs of the party grieved so Marrow thinketh that unless these Costs be tendered before hand the Justice needeth not to stir about it But howsoever he being then a practicer in the Law might think it good to stand upon his Fee yet I advise our Justice of the Peace to go forward as having more regard of his Credits Oath and Duty Costs Br. 2. XXI Lambert 147. Neither ought the Justice to Stagger Droit or stay at at all about the right or wrong of his Title that entreth or holdeth forcibly for considering that 5 R. 2. 7. § 1. N. 2. doth without exception prohibit all Entry with Force howsoever the Entry be otherwise lawfull and seeing also that 8 H. 6. 9. § 3. N. 3. permitteth no forcible holding but only where three years possession have gone before and weighing moreover that both they and 15 R. 2. 2. § 1. N. 3. do together labor to repress force and Violence and have also made the Justice of Peace their Minister therein I see no cause why the Justice of Peace who perhaps shall want sufficient learning in the Law to discern of the right or title and yet may be both a fit person to remove the Force and able enough to restore the possession should be tyed to the discussion of the right or title of either of the parties and this I gather upon the opinion of all the Court 9 H. 6. 19. Entre 5. Forcible Entre Br. 18. which was the very next year after the making of the last of these Statutes where it is said that Acc. Sur Stat. Br. 7. is for the right only and must say Illicite ingressus est or ubi ingressus non datur per legem But the Indictment is for the Force in respect of the King to whom the party shall make Fine although his right be never so good and sound 22 H. 6. 18. Crompt 74. 164. b. 166. b. Dalt 197 198. cap. 77. 210. cap. 81. Justices XXII Lambert 148 149. And therefore the Justices of the Peace may boldly proceed in this business taking with him sufficient power of the Country by his Discretion and therein the Sheriff also if need do require as well for the Arresting of such as he shall find to Enter or hold forcibly against these Laws as also for the removing of the Force which they bring and for the conveying of them to the next Goal as persons thereof Convicted by his own Eye Testimony and Record Boult 123. cap. 29. § 8 9. Record XXIII Lambert 149 150. The Record of the Force Kent ss Record Memorandum quod 8. die mensis Januarii Anno Regni c. Questus est mihi S. L. uno Justiciar ' dicti Domini Regis ad pacem in dicto Comitatu conservand ' Assignat ' quidam A. B. de W. in dicto Com' Yeoman quod C. D. de W. predict ' nonnulli alii pacis dicti Domini Regis perturbatores ignoti in Domum Mansionalem ipsius A. B. in W. predict ' manu forti ingressi sunt ipsum A. B. inde Dissesiverunt ac eandem manu forti Armata potentia adhuc extra tenen ' ac proinde petit ' a me sibi in hac parte remedium Apponi Quae quidem querimonia petitione audita ego prefatus S. L. Immediate ad dictam Domum Mansionalem personaliter accessi ac in eadem Domo adtunc inveni prefatum C. D. quosdam E. F. G. H. c. Domum illam vi Armis manu forti Armata potentia viz. Arcubus sagittis Gladiis pugionibus Galeis loricis tenentes contra formam Statuti in Paliament ' Domini Rich. nuper Regis Angl ' secund ' Anno Regni sui XV. tent ' provisi ac contra form ' diversorum aliorum Statutorum ac propterea ego prefat ' S. L. predictos C. D. E. F. G. H. adtunc ibidem Arrestavi proximaeque Goalae dicti Domini Regis apud M. in dicto Comitatu duci feci ut de dicta manu forti tentione per visum Recordum meum convictos ibidem moraturos quousque Fines dicto Domino Regi pro transgressionibus suis predictis fecerint Dat' apud W. predict ' sub sigillo meo die Anno supradict ' per me prefat ' S. L. Dalt 391. cap. 129. Crompt 74. b. Imprisonment XXIV Lambert 150 151. The form of the Mittimus to the Goaler may be thus Kent ss G. C. one of the Justices of the Peace of our Soveraign Lord the Kings Majesty within his said County of K. to the Keeper of his Majesties Goal at M. in the said County and to his Deputy and Deputies there and to every of them Greeting Whereas upon Complaint made unto me this present day by A. B. of W. in the said County Yeoman I went immediately to the Dwelling House of the said A. B. in W. aforesaid and there found C. D. E. F. G. H. of W. aforesaid Laborers forcibly and with strong hand and Armed power holding the said house against the Peace of our said Soveraign Lord and against the form of the Statute of Parliament thereof made in XV. year of the Reign of our late King Richard the Second Therefore I send you by the bringers hereof the Bodies of the said C. D. E. F. and G. H. Convicted of the said Forcible holding by my own View Testimony and Record Commanding you in his Majesties Name to receive them into your said Goal and there safely to keep them untill such time as they shall make their Fines to our said Soveraign Lord for the said Trespasses and shall be thence delivered by order of the Law of the Land hereof fail you not upon the Peril that may follow thereof Given at W. aforesaid under my Seal the day and year abovesaid by me the said G. C. Crompt 74 b. 75. Dalt 391. cap. 129. Poult de Pace 38. § 15. XXV Crompt 62. § 16. The Queens Attorney viz. Sir Gilbert Gerard Amerciament exhibited a Bill in the Star-Chamber on 17 R. 2. 8. because the Sheriff and Justices of Peace of Stafford did not remove the
cap. 75. 366. cap. 122. 18 Ed. 4. 17. Condition Br. 162. XXXIII Lambert 2. cap. 2. pag. 121. Process The Precept of the Good Abearing Kent ss B. A. E. S. Two of the Justices of the Peace of our Soveraign Lord the Kings Majesty in the County of Kent to the Sheriff of the said County To the Constables of the Hundred of B. and to the Borsholders of the Town of E. in the said Hundred and to every of them Greeting Forasmuch as A. B. of E. aforesaid is not of Good Fame nor of honest Conversation but an Evil doer Rioter Barretor and perturber of the Peace of our said Soveraign Lord as we are given to understand by the complaint of sundry Credible persons therefore on the behalf of our said Soveraign Lord We Command you and every of you that you cause the said A. B. to come before us or some other of our Fellow Justices to find sufficient Surety and Mainprise as well for his Good Abearing towards our said Soveraign Lord and all his Liege People untill the next Quarter Session of the Peace to be holden in the said County as also for his Appearance then there and if he the said A. B. shall refuse so to do that then immediately without expecting any further Warrant you him safely convey or cause to be safely conveyed to our next Prison in the said County there to remain untill he shall willingly do the same so that he may be before the Justices at the said next General Sessions of the Peace to be holden in the said County then and there to Answer for his Contempt in this behalf and see that you certifie your doing in the Premisses to the said Justices at the said Sessions bringing then thither this Precept with you Witness the said B. A. and E. S. of B. c. the _____ day of _____ c. Crompt 236. b. in Latine XXXIV Lambert 122. ibid. Recognizance The usual Recognizance for the Good Abearing Memorandum quod 4. die Julii An. c. R. P. de E. in Com' predict ' Yeoman in propria persona sua venit coram nobis H. P. Kt. S. L. Esq duobus Justic ' dicti Domini Regis ad Pacem in dicto Comitatu conservand ' assignat ' assumpsit pro seipso sub poena vigint ' librarum H. J. de L. in Com' predict ' Yeoman J. F. de M. in eodem Com' Husbandman tunc ibidem in propriis personis suis similiter venerunt manuceperunt pro predict ' R. P. viz quilibet eorum seperatim sub poena Cent ' solid ' quod idem R. P. personaliter comparebit coram Justiciariis dicti Domini Regis ad pacem c. ad proximam generalem sessionem c. quod ipse interim se bene geret erga Dominum Regem cunctum populum suum praecipue erga J. B. de C. c. quod ipse non inferet nec inferri procurabit per se nec per alios Damnum aliquod seu Gravamen prefato J. B. seu alicui de populo ipsius Domini Regis de corporibus suis per insidias insultus seu aliquo alio modo quod in laesionem seu perturbationem pacis dicti Domini Regis laedere valeat quovismodo viz. uterque H. J. J. F. sub pena cent ' librarum predict ' R. P. sub pena ducent ' librarum quas quidem seperales summas Cent ' librarum uterque predict ' H. J. J. F. ut predicitur per se ac predict ' R. P. dict' ducent ' librarum Recognoverunt se debere dicto Domino Regi de terris tenement ' Bonis Catallis suis quorumblibet cujuslibet eorum ad opus ipsius dicti Domini Regis fieri levari si contingat prefatum R. P. in aliquo premissorum deficere inde legitimo modo convinci c. Dat. c. Dalt 370. cap. 123. Kilborns Precedents 192. Condition XXXV Lambert 122 123. Or by a single Recognizance with this Condition Endorsed under Written Conditio Recogn ' predict ' talis est quod si predict ' R. G. Imposterum se bene geret Pacem Domini Regis conservabit erga dictum Dominum Regem cunctum populum suum nullum Damnum Corporale c. extunc Recognitio predicta pro nullo teneatur alioquin in suo robore permaneat Dalt â71 cap. 123. Supersedeas XXXVI Dalt 365. cap. 122. A Supersedeas of the Good Behaviour by one Justice H. B. Serviens ad legem unus Justic ' Domini Regis c. Vicecom ' ac omnibus singulis Ballivis Ministris fidelibus dicti Domini Regis in eodem Com' eorum cuilibet salutem quia J. S. sufficient ' securitat ' de pace de bono Gestu suo erga dictum Dominum Regem precipue erga W.T. coram me invenit ideo ex parte dicti Domini Regis vobis cuilibet vestrum mando precipio firmiter injungens quod de ipso J. S. pro hujusmodi securitat ' c. inveniend ' capiend ' sive Arrestand ' omnino supersed ' si ipsum J. S. ea occasione ceperitis sive Imprisonaveritis tunc eum deliberari facias si ipse J. S. ea occasione non alia detineatur Teste c. XXXVII Dalt 366. cap. 122. And Mr. Crompton is of Opinion that these viz. Supersedeas of the Good Behaviour c. may be granted by any one Justice of the Peace with whom Rast Entr. 454. tit Peace But Mr. Lambert 123. thinketh it not in the lawfull power of any one Justice of Peace to grant such Supersedeas at this day but that it must be done by two Justices at the least and the one being of the Quorum nevertheless for that I find the old Precedents to run in the name of one Justice of the Peace alone I have drawn these accordingly perswading notwithstanding the Joyning of two Justices herein and one of the Quorum if they may conveniently XXXVIII Crompt 138. § 3. Justices And it seemeth that one Justice of Peace may Award such a Precept viz. for the Good Behaviour against another person by his discretion as well as two Justices may and the Statute 34 Ed. 3. 1. § 1. N. 6. is to the same effect by the words thereof otherwise perhaps Damage would happen to some of the Kings Subjects if the party be not Attacht before two Justices have made the Precept yet the common usage is to make such a Precept of the Good Behaviour in name of two Justices and it is good to keep this Ordinance Fitzh J.P. 7. XXXIX Dalt 371. The Condition of a Recognizance c. Condition The Condition of this Recognizance is such that if the above bounden R. G. shall personally appear before the Justices of our Soveraign Lord the King at the next General Sessions of the Peace to be
Pluries and an Attachment against the Sheriff if he doth not do his Office Oath II. F. N. B. 79. H. But by the Ancient Course of Law he must swear upon a Book before he can have this Writ and this before any Master of the Chancery but now they use to prosecute such Writs by their Friends who will Sue for them without making any Oath and this is ill done because they are many times sued for vexation more then for any good Cause and the Justices of B. R. will not grant any Writ for Surety of the Peace without making an Oath that he is in fear of bodily harm Nor the Justices of the Peace ought not to Grant any Warrant to cause a man to find Surety of the Peace at the request of any Person unless the Party who requireth it will make an Oath that he requireth it for safety of his Body and not for malice c. Lamb. 83. 84. Infrà 21. III. F. N. B. 80. C. But it is a Common opinion that the Surety that the Sheriff shall take of the Party that shall find Surety for the Peace must be taken by obligation that is to say to oblige the Party and his Sureties by Obligation that he keep the Peace and that he shall not Burn the Houses c. Supplicavit IV. F. N. B. 80. C. But now since the Statute 1 Ed. 3. 16. § N. that wills that certain Persons shall be assigned in the Chancery as for keeping of the Peace there are other Forms of Writs made for the ease of the People who would have Surety of the Peace of any Persons which Writs Issue out of the Chancery and some are directed to the Justices of Peace and to the Sheriff and some are directed to the Sheriff only and these Writs are in such Forms as this Rex dilectis fidelibus suis J. c. sociis suis Justiciariis nostris ad pacem nostram in Com' S. Conservand ' Assignatis salutem Or thus Custodibus pacis nostroe in Comitat ' S. c. vicecom ' ejusdem Comitat ' eorum cuilibet salutem Or thus Vicecom ' S. salutem Supplicavit nobis A. quod cum ipse de vita mutilatione membrorum suorum nec non de Incendio Domorum suarum per E. graviter manifestè Comminatus existat velimus pro securitate ipsius A. in hac parte provideri nos supplication ' predict ' annuentes vobis vel tibi precipimus firmiter injungentes quod predict ' E. coram vobis vel te corporaliter venire faciatis ipsum ad sufficientes manucaptores inveniend ' qui eum manucapere voluerint sub certa Poena sibi per te vel vos rationabiliter imponend ' pro quo nobis respondere voluerint vel volueris Or thus Ipsium E. ad sufficient ' securitat ' inveniend ' sub poena centum librarum ad opus nostrum solvend ' vel quilibet eorum sub poena c. quod ipse Damnum vel malum aliquid eidem A. de Corpore suo vel de domibus suis per hujusmodi Incendium non faciat nec fieri procurabit quovismodo Compellatis vel Compellas si hoc coram vobis vel te facere recusaverit tunc ipsum E. proximo Goal ' nostroe Committatis vel Committas in eadem salvo custodiend ' quousque hoc gratis facere voluerit cum securitatem illam sic receperitis vel ceperis nos inde in Cancellaria nostra sub sigillis vestris vel alicujus vestrum vel sub sigillo suo distincte aperte sine dilatione reddas certiores certificetis vel certifices indilate hoc Breve nobis remittentes vel remittens Registr 89. Dalt 182. Cap. 73. V. Lamb. 2. cap. 11. pag. 75. The Justice of Peace takes security as a minister when the Writ of Supplicavit F.N.B. 80 suprà 4. which in old-time was called Breve de minis as Regist 89. directed out of the Chancery is delivered into his hands for then he is only to direct his Precept to compel the party upon that Writ to find surety for the Peace 21 H. 7. 20 per finence VI. Lamb. 75 76. The form of which Precept or Warrant upon a Supplicavit is thus G. M. One of the Justices of Peace of our Soveraign Lord the King's Majesty within the County of K. to the Sheriff of the said Shire the Constables of the Hundred of W. the Borsholder of the Town of I. and to all and singular the Kings Majesties Bayliffs and other Ministers as well within liberties as without in the said County and to every of them Greeting Know ye That I have received the Commandment of our said Sovereign Lord in these words c. reciting the Supplicavit or the effect of it c. thus Know ye that I have received the Commandment of our said Soveraign Lord to compel A. B. of J. in the said County Yeoman to find sufficient Surety for his Majesties Peace by him to be kept towards C. D. of the said Town of J. Taylor and therefore on the behalf of our said Soveraign Lord I Command and Charge you joyntly and severally that Immediately upon the receit hereof you cause the said A. B. to come before me at my House in I. aforesaid to find sufficient Surety and mainprise for the Peace to be kept towards our said Sovereign Lord and all his Liege-people and especially towards the said C. D. and if he the said A. B. shall refuse thus to do that then you him safely Convey or cause to be safely Conveyed unto the next Goal of his Majesty in the said County there to remain until that he shall willingly do the same So that he may be before the Justices of the Peace of our said Soveraign Lord within the said County at their next General Sessions of the Peace to be holden at M. there to answer to our said Sovereign Lord for his Contempt in this behalf And see that you certifie your doing in the premisses to the said Justices at the said Sessions bringing then thither this Precept with you Given at I. aforesaid under my Seal the day of c. An. c. Dalt 350. cap. 121. VII F. N. B. 81. B. And sometimes the Writ of Supplicavit is made Returnable in Chancery at a certain day and if it be so done Certiorari then if the Justices do not certifie the Writ nor the Recognizance and the Surety that is taken the party who sueth the Writ of Supplicavit shall have a Writ of Certiorari directed to the Justices of Peace to certifie this Writ of Supplicavit and that which they have done thereon and the surety that is found c. and so the party shall have such a Certiorari to the Justices of Peace to certifie the surety taken on a Supplicavit though the writ of Supplicavit were not made Returnable in the Chancery VIII F. N. B. 81. C. And so if a Man
to be holden at M. in the said County as also for Our Peace to be kept towards Us and all Our Liege-people and chiefly towards the said A. B. that is to say That he the said C. D. shall not do nor by any means procure or cause to be done any of the said Evils to any of Our said People and especially to the said A. B. and if he the said C. D. shall refuse thus to do that then immediately without expecting any further Warrant you him safely convey or cause to be safely conveyed to Our next Prison in the said County there to remain until he shall willingly do the same so that he may be before Our said Justices at the said next General Sessions of the Peace to be holden at M. aforesaid then and there to answer unto Us for his Contempt in this behalf and see that you certifie your doing in the premisses to our said Justices at the said Sessions bringing then thither this Precept with you Witness the said G. R. at W. aforesaid the fourth day of August c. Or thus In the Name of the Justice himself Mutatis Mutandis E. W. Knight one of the Justices of the Peace of our Sovereign Lord the King within the said County to the Sheriff c. Greeting Forasmuch as A. B. c. hath personally come before me c. These be therefore on the behalf and in the Name of our said Soveraign Lord to Command you joyntly c. to come before me or one other of his Majesties said Justices of the Peace in the said County c. Given under my Seal at W. aforesaid XXV Lamb. 87. Process It is meet that the Precept for the Peace do expresly contain the Cause of the Peace within it for otherwise how can the Officer or Parties take knowledge that surety must be provided for it yea every Precept made by a Justice of Peace ought to comprehend the special matter upon which it proceedeth as the King's Writs and as for the form that is now commonly used to answer to such things as shall be objected and such like they were not fetched out of the old Learned Precedents but lately brought in by such as either knew not or cared not what they writ XXVI Lamb. 87 88. The Warrant of the Peace is the better also if it bear date of the Place where it was made for if a Man be to plead such a Precept for his excuse in an Action of false Imprisonment brought against him he ought in his Plea to shew the place where the Warrant was made 14 H. 8. 18. XXVII Lamb. 88. And this Precept may also be directed to any indifferent person by name though he be no Officer at all for so it seemeth to be permitted in the Oath of the Justice of the Peace and so is also 14 H. 8. 18. The which liberty the Justices in some Shires do use and take accustomably directing their Precepts to private Men of their own Election and Choice But yet I take our Kentish Course to be the safer way where we commonly write to the sworn Constables and Bursholders only XXVIII Lamb. 89. If such a Precept be made jointly to Twain yet the one alone may serve it If it be directed to the Sheriff then he may Command his Bayliff Under-Sheriff or other sworn and known Officer to serve it without writing any Precept But if he will Command another Man that is no Officer to serve it he must give him a written Precept for otherwise a Writ of false Imprisonment will lye for the Arrest And if it be directed to the Bayliff or to a Servant of a Justice of Peace or other Stranger they must serve it themselves for they can Command none other to do it neither by Word nor Precept by Marrow XXIX Lamb. 89. A sworn and known Officer needeth not to shew this Warrant when he doth serve it upon a Man 8 Ed. 4. 14. Officer False Imprisonment Br. 23. 20 H. 7. 13 c. For his Office doth after a sort Authorize him But if the Justice will set his Servant to serve it that Servant must shew the Warrant if the party demand it and otherwise the party may make resistance XXX Lamb. 89 90. A Justice of Peace saith Peace Return Br. 9. may make this Warrant returnable before himself and the Bayliff needs not to carry the party before any other Justice but Judge Fineux 21 H. 7. 20. saith That if a Justice of Peace do make a Warrant of the Peace Ex Officio that is without any Writ of Supplicavit Awarded then the party may chuse to appear before him or any other Justice in the Shire and that he shall punish the Bayliff in false Imprisonment if he do otherwise compel him 5 Co. 59. Infrà 37. otherwise it is in the Execution of a Writ of Supplicavit for he alone to whose hands it first cometh is Authorized to execute and return that Writ and thereupon Mr. F. N. B. 81. affirmeth That if such a Writ of Supplicavit be delivered to the Sheriff then he may both Execute it alone and also take Surety by Recognizance which otherwise being but a Conservator he could not do because the Writ doth so enable him yet 9 Ed. 4. 31. Littleton is to the contrary Dalt 166. cap. 69. XXXI Lamb. 90. The Officer ought also to require the party to come and find Surety of the Peace before that he do Arrest him by the opinion L. 5 Ed. 4. 13. 10. and in truth the Common Form of the Precept is And if he refuse c. then he shall convey him to the Goal and therefore if he yield to come and to find Surety the Officer may neither absolutely Arrest him nor take any Fee of him And this may be the cause that when one appeareth upon such a Warrant before the Justice of Peace the Justice needeth not demand Surety of him but may commit him if he do not offer Surety 4 H. 7. 9. Crumpt 142. Dalt 166. cap. 69. XXXII Lamb. 90 91. If a Bayliff do Arrest a Man for the Peace before that he have any Warrant and then afterwards do procure a Warrant for it this nevertheless is unlawfully done and will not excuse him in an Action of false Imprisonment But if the Bayliff do cause one by force of a Warrant to come and find Surety of the Peace and when the Party is brought the Justice will not bind him yet the Bayliff is excused 21 H. 7. 22. Crump 144. 14 H. 7. 9. XXXIII Lamb. 91. If Surety of the Peace be required at the hands of a Justice of Peace that dwelleth out of the County against a Man within the County the Justice may grant a Precept to be served in the County but when the party shall be thereupon warned and commanded to find Surety the Officer may not carry him out of the County to the Justice of Peace that made the Warrant by Marrow
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
Imprisonment and to makâ Fine to the King 8 H. 6. Cap. 9. § 1. N. 4. § 1. N. 5. And in the same manner it shall be done of them that make such forcible Entries in Benefices or Offices of holy Church 8 H. 6. Cap. 9. § 1. N. 5. Church 17 R. 2. C. 8. The Sheriffs and all other the Kings Officers Riot shall Suppress Riots and Imprison them and all others Offending against the Peace 4. Inst 51. 13 H. 4. Cap. 7. C. 9. § 1. N. 7. Wherefore it is Accorded c. Fish That the Iustices of Peace of all the Counties of England shall be Conservators of the said Statutes viz. 13 Ed. 1. St. 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. in the Counties where they be Iustices and that they and every of them at all times when they may attend shall Survey the Offences and Defaults attempted against the Statutes aforesaid § 1. N. 8. And also shall Survey and Search all the Wears in such Rivers Sewers that they shall not be very strait for the distinction of such Fry and Brood but of reasonable widenes after the old Assise used and accustomed § 1. N. 9. And that the same Iustices or any of them which shall find Default Process or Abuse against the Statutes aforesaid viz. 13 Ed. 1. St. 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. shall make due Punishment of them which be found in default after the Content of the same Statute §. 1. N. 10. And that the same Iustices Deputy shall put good and sufficient Vnder-Conservators of the same Statutes viz. 13 Ed. 1. St 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. under them which shall be sworn to make like Surveying Search and Punishment without any favour thereof to be shewed § 1. N. 11. And moreover that the same Iustices in their Sessions shall Enquire Enquest as well by their Office as at the Instance of the under-Conservators aforesaid of all Trespasses Misprisions and Defaults made against any of the Points aforesaid § 1. N. 12. And shall cause them which be thereof Indicted to come before them Process Imprisonment § 1. N. 13. And if they be thereof Convict they shall have Imprisonment and make Fine after the discretion of the same Iustices C. 10. Item Forasmuch as Theeves notoriously defamed Enquest and others taken with the manner by their long abiding in Prison after that they be arrested be delivered by Charters and favourable Enquests procured to the great hindrance of the People § 1. N. 2. It is Accorded and Assented Justices that in every Commission of the Peace through the Realm where need shall be two men of Law of the same County where such Commission shall be made shall be assigned to go and proceed to the deliverance of such Theeves and Felons as often as they shall think it expedient 18. H. 6. Cap. 11. 20 R. 2. p. 186. The King at his Parliament holden at Westminster in the Feast of St. Vincent the twentieth year of his Reign by the Assent of the Prelates Parliament Lords and Commons of his Realm of England assembled in the same present Parliament for the Quietness and Tranquillity of his People hath made certain Statutes and Ordinances in the form which followeth Cap. 1. First Peace whereas in a Statute made the seventh year of the Reign of the King that now is viz. 7 R. 2. Cap. 13. It is Ordained and Assented that no man shall ride Armed within the Realm against the form of the Statute of Northampton viz. 2 Ed. 3. Cap. 3. thereupon made nor with Launce-gays within the same Realm § 1. N. 2. And that the said Launce-gays shall be utterly put out within the said Realm as a thing prohibited by the King War upon pain of forfeiture of the same Launce-gays Armors or any other Harnes in the hands and possessions of them that bear them from henceforth within the same Realm against the same Statutes and Ordinances viz. 2 E. 3. Cap. 3. 7 Rich. 2. C. p. 13. without the Kings special Licence Riot Our Lord the King §. 1. N. 3. considering the great clamour made to him in this present Parliament because that the said Statute is not holden hath ordained and established in the said Parliament that the said Statutes viz 2 Ed. 3. cap. 3. 7. Rich. 2. cap. 13. shall be fully holden and kept and duly executed and that the said Lance-gayes shall be thereby put out upon the pain contained in the said Statute of Northampton viz. 2 Ed. 3. cap. 3. and also to make fine and ransom to the King Officer And moreover that no Lord Knight nor other § 1. N. 4. little nor great shall go nor ride by night nor by day armed nor bear Sallet nor Skull of Iron nor of other Armor upon the pain aforesaid Save and except the Kings Officers and Ministers in doing their Office Maintenance And moreover the King will and hath ordained § 1. N. 5. that the Statute made the first year of his Reign viz. 1 Rich. 2. cap. 7. Of Liveries of Hats shall be holden and kept upon the pain contained in the same Statute and upon pain to be imprisoned and make Fine and Ransome to the King Statuta Hen. 4. Justices JOyned thereto viz. to 1 H 4 Cap. 7. 2 H. 4. Ca. 21. § 2. N. 3. Of Liveries that the Iustices of the one Bench and of the other and the Iustices of Assises and of the Peace have power and authority to enquire hear and determine in this case by Record in their presence or by inquiry to be made from time to time Force And if such Disseisor be attainted of such Dissessin made in such forcible manner he shall have one years imprisonment 5 H. 4. Cap. 8. § 1. N. 3. and yeild to the party greived his double damages Justices And that in the Commissions of the Peace hereafter to be made 4 H. 4. Cap. 3. § 1. N. 2. this Article be put in that the Iustices of the Peace have power thereof viz. of Watches on the Sea-coasts to make inquiry in their Sessions from time to time and to punish them which be found in default after the tenor of the said Statute viz. 13 Ed. 1. St. 2. 3. cap. 4. Of Winchester Imprisonment Item because that divers Constables of Castles within the Realm of England be assigned to be Iustices of Peace by Commission of our Lord the King Cap. 10. and by colour of the said Commissions they take people to whom they bear evil will and imprison them within the said Castles till they have made fine and ransom with the said Constables for their deliverance It is ordained and established § 1. N. 2. that none be imprisoned by any Iustice
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
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. 1â § 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 Commonaltâ 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. 1â § 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
made 32 H. 8. cap. 7. § 4. N. 1. § 1. N. 6. And to commit the same Person or Persons to ward Imprisonment there to remain without Bail or Mainprise till that he or they shall have found sufficient Surety to be bound by Recognizance or otherwise before the Kings said Counsellor or Iustice of Peace or any other like Counsellor or Iustice of Peace to the use of our said Soveraign Lord the King to give due obedience to the Process Proceedings Decrees and Sentences of the Ecclesiastical Court of this Realm wherein such Suit or matter for the Premises shall depend or be § 1. N. 7 And that every of the Kings said Counsellors Justices or two Iustices of the Peace whereof the one to be of the Quorum as is aforesaid shall have full power and authority by vertue of this Act to take receive and record Recognizances and Obligations in any of the Causes above-written C. 24. § 2. N. 1. And be it also Enacted c. That no Person or Persons of what estate Deputy degree or condition soever they be c. shall have any power or authority to make any c. Iustices of Peace c. Lambert 25. § 2. N. 2. But that all such Officers and Ministers shall be made by Letters Patents under the Kings Great Seal Patents in the name and by the authority of the Kings Highness and his Heirs Kings of this Realm in all Shires Counties Counties Palatine and other places of this Realm Wales and the Marches of the same or in any other of his Dominions at their pleasure and wills in such manner and form as c. Iustices of the Peace c. commonly made in every Shire of this Realm any Grants Vsages Prescription Allowance Act or Acts of Parliament or aâ other thing or things to the contrary thereof notwithstanding Indictment And that in every Writ and Indictment § 4. N. 1. that shall be made in any such County Palatine or Liberty c. whereby it shall be supposed any thing to be done against the Kings Peace shall be made and supposed to be done only against the Kings Peace his Heirs and Successors and not against the Peace of any other Person or Persons whatsoever they be any Act of Parliament Grant Custome Vsage or Allowance in Eyre before this time had granted or used to the contrary notwithstanding Franchise Provided alwayes that § 5. N. 1. c. Iustices of Peace to be made and assigned by the Kings Highness within the County Palatine of Lancaster shall be made and ordained by Commission under the Kings usual Seal of Lancaster in manner and form as hath been accustomed any thing in this Act to the contrary thereof notwithstanding Corporation Provided also that all Cities Boroughs § 6. N. 1. and Towns Corporate within this Realm which have liberty power and authority to have Iustices of Peace c. shall still have and enjoy their liberties and authorities in that behalf in such like manner as they have been accustomed without any alteration by occasion of this Act any thing in this Act or in any Article therein contained to the contrary thereof notwithstanding Justices And it is Enacted c. That all such Iustices to be made § 16. N. 1. as is afore rehearsed in this Act shall have authority and power to keep and hold their Sessions of Peace c. from time to time only within the same Liberties and Franchises and in such places and in none other places by reason and authority of that Commission and to do and execute all other things within the same in as ample and large manner as any other Iustices of Peace c. in any Shire within this Realm may do and have authority to do any Act Grant Vse Custome and Allowance heretofore had made or used or any Article in this present Act made to the contrary notwithstanding Franchise Provided alwayes That all and singular Iustices of the Peace § 17. N. 1. c. hereafter to be made named and appointed by the Kings Highness his Heirs and Successors within any Liberty where any such Iustice of Peace c. have been made by any person or persons by virtue or authority of any Letters Patents of the Gift or Grant of our Soveraign Lord the King or his most noble Progenitors Kings of this Realm or otherwise shall sit and keep their Sessions c. only in such place and places as the Iustices of the said Liberties lately have commonly used within the said Liberties Corporation And that no Person or Persons within the said Liberties § 17. N. 2. or any of them shall be hereafter in no wise compelled by authority of this Act to appear out of the said Liberties before any other Iustices c. of the Peace then before such Iustices as shall be named and assigned to sit and be by the Kings Highness his Heirs and Successors within the said Liberties in form aforesaid Cinque Ports Provided always and be it Enacted § 20. N. 1. that Thomas now Bishop of Ely and his Successors Bishops of Ely and their temporal Steward of the Isle of Ely for the time being and every of them shall from henceforth be Iustices of Peace within the said Isle and shall use and exercise all manner of things within the same Isle that appertain or belong to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as ample and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding Eccles Persons Provided always and be it Enacted § 21. N. 1. that Cuthbert now Bishop of Durham and his Successors Bishops of Durham and their temporal Chancellor of the County Palatine of Durham for the time being and every of them shall from henceforth be Iustices of the Peace within the said County Palatine of Durham and shall exercise and use all manner of things within the same County Palatine that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as ââââple and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding § 22. N. 1. Provided alwayes and be it Enacted Justices That Edward now Arch-Bishop of York and his Successors Arch-Bishops of York and their temporal Chancellor of the Shire and Liberty of Hexam otherwise called Hextoldsham for the time being and every of them shall from henceforth be Iustices of Peace within the said Shire
had or made this Act or any thing therein contained to the contrary notwithstanding § 14. N. 1. Provided always and be it Enacted by the Authority abovesaid Days that Iustices of the Peace within any Shire of this Realm of England and Wales shall not be compelled by vertue of this Act to assemble themselves for the Execution of this Act for this present year before the next general Assizes to be holden within every such County before the Feast of St. Michael the Arch-Angel next coming but that they and every of them shall be compelled upon like pain mentioned in this Act to assemble themselves at the said general Assizes for the execution of the same for this present year only according to the Purport Tenor and True meaning of this Act any thing in this Act to the contrary notwithstanding § 15. N. 1. Provided always that this Act nor any therein contained Cinque Ports shall not in any wise extend nor be prejudicial or hurtful to the County Palatine and Dutchy of Lancaster or any Town-Corporate within the same County Palatine and Dutchy having Iustices of the Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be taxed or assessed upon any person or persons in any Sessions to be holden within the said County Palatine and Dutchy of Lancaster or Towns-Corporate parcel of the same Dutchy by vertue of this Act but that the same Issues Fines Forfeitures Amercements and Penalties shall and may be extracted returned certifyed or levyed from time to time in such manner and form to all intents and purposes as they have used to be extracted returned certifyed and levyed at any time before the making of this Act this Act or any thing therin contained to the contrary notwithstanding § 16. N. 1 Provided always and be it Enacted by Authority aforesaid Forfeitures that all Issues Fines Amercements and Forfeitures rising and growing by vertue of this present Act within any of the general Liberties Franchises or Temporal-Iurisdictions which been severally appointed and assigned to the Survey Order and Governance of the King our Soveraign Lords several Courts of the Augmentations of the Revenues of his Crown and of the general Surveyors of the Kings Lands shall be claimed and allowed and also collected and levyed by the Kings Bailiffs or other Officers of the same Liberties Franchises and Iurisdictions for the time being and shall be severally answered to the King in the same several Courts after and according to such sort and order as other Issues Fines Amercements and Forfeitures within the same several Liberties Franchises and Iurisdictions as this present time been or ought to be claimed allowed and answered any thing in this present Act to the contrary notwithstanding Wales Provided always § 17. N. 1. and be it further Enacted by the Authority aforesaid That the Iustices of Peace in every of the Shires in South Wales and North Wales and County Palatine of Chester according to their limitation shall and may certifie all the Estreats by them to be made in manner and form as is aforesaid to and afore such Chamberlain or Chamberlains Chancellor or Chancellors Auditor or Auditors in such place or places as by the Kings Majesty is or hereafter shall be appointed or assigned for hearing and determining of the Sheriffs accounts in every of the said Shires in Wales or County Palatine aforesaid any thing in this Act mentioned to the contrary notwithstanding Franchise Provided always That this Act or any thing therein contained § 18. N. 1. shall not in any wise extend to the County Palatine and County of Durham or to any Town Corporate within the same County Palatine or County having Iustices of Peace for and concerning the extracting returning certifying or leavying of any Issues Fines Forfeitures Amerciaments or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said County Palatine or County of Durham or within any Town Corporate situate and being within either the said County Palatine or County but that the same Issues Fines Forfeitures Amerciaments or Penalties and every of them may be assessed taxed extracted returned certified and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted retorned certified and levyed at any time before the making of this Act or should be assessed taxed extracted retorned certified and levyed if this Act had never been had or made this Act or any thing therein contained to the contrary notwithstanding Cinque Ports Provided always and be it Enacted That this Act § 19. N. 1. or any thing therein contained shall not extend to the Barons and Inhabitants of or within the Cinque Ports or their members or to any of them to compel or constrain them or any of them to assemble themselves with any of the Iustices of the Peace out of their said Ports and Members and the liberties of the same or for and concerning the Estreating of Fines Issues Forfeitures and Amerciaments to be set lost or assessed by vertue of this Act within the liberties aforesaid Appearance But that they and every of them shall and may assemble themselves together at such place and places within their liberties for the executing of this Act as to them shall be thought most convenient § 19. N. 2. and to divide themselves after such fashion as they shall think best and most requisite for the executing of this Estatute in this Act mentioned Amercement And may and shall take such Fines Issues Forfeitures § 19. N. 3. and Amerciaments and every of them as shall be set lost and assessed by vertue of this Act in such manner and form and to such uses purposes and intents as they or any of them lawfully should might or ought to have had before the making of this Act this Act or any thing therein contained to the contrary notwithstanding Franchise Provided alway that this Act or any thing therein contained § 20. N. 1. be not at any time hereafter in any wise prejudicial or hurtful to any person or persons Bodies Politick or Corporate to their Heirs or Successors or to the Heirs or Successors of any of them for or concerning any their lawful rights titles interest or claims of in or to any manner of Issues Fines Amerciaments Penalties or other Forfeitures in any wise to be assessed lost and forfeited before any Iustices of Peace at their Sessions hereafter to be holden or kept in any Shires City Borough or Town Corporate within this Realm of England by vertue and authority of this Act. But that every such Person or Persons § 20. N. 2. Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successors of every of them and their lawful deputies
in such behalf shall and may at all times hereafter assesse tax extract return levy claim have and enjoy all manner such Issues Fines Amerciaments Forfeitures and other penalties and every of them to all such uses and purposes and in like manner and form in every behalf as they or any of them have lawfully used to do and have or might have done and had at any time before the making of this present Act by vertue of any Grant to them or any of them heretofore made or granted or otherwise by vertue of any Custom or lawful Vsage thereof heretofore used in every behalf this Act or any therein contained to the contrary notwithstanding § 21. N. 1. 34 35 H. 8. C. 1. § 3. N. 4. This Act to continue to the latter end of the next Parliament Days And Viz. if any Printer c. or any Person Books c. be of any the Offences aforesaid viz. printing uttering or using Books or Religion in Interludes Prohibited c. Convicted by sufficient Witness before any two of the Kings Council or the Ordinary of the Diocess where any such offence shall be committed and two Iustices of the Peace of the same Shire where any such Ordinary shall sit within his Diocess for that purpose c. § 3. N. 5. Shall have for the first time Imprisonment Forfeiture c. for three months and also lose c. 10 l. c. § 19. N. 1. And be it further Enacted That if any Spiritual Person c. Preach Religion Teach Defend and Maintain any Matter c. Contrary to the godly Instructions or determinations which since viz. 1540. is or shall be set forth by his Majesty c. being thereof convicted before the Ordinary of that Diocess within the which the said offence shall be committed and two Iustices of the Peace c. shall before the first time be admitted to recant c. § 25. N. 2. And in case any such Iustices being so required Justices c. viz. by the Ordinary on notice of time and place of sitting c. having convenient and reasonable warning and knowledge in writing from the said Ordinary c. do not come to such place and at such time as shall be so appointed having no lawful and just Impediment to the contrary shall forfeit and lose to the Kings Highness for every such Offence 40 s. to be Estreated c. C. 3. § 1. N. 11. And the said Offender viz. in false measure of Coals Talwood Measures Faggots or Billets c. out of the said City Borough or Town to be punished by the discretion of two Iustices of Peace inhabiting within the Shire where the Offence shall be committed or done C. 14. § 2. N. 1. In Consideration whereof Records Viz. of the Incertainty where to have Records of Justices of Peace Goal-delivery Oyer and Terminer c. Be it Enacted c. that the Clerk of the Crown Clerks of Peace and Clerks of Assize c. where any such Attainder Outlary or Conviction viz. of Murder Robbery or other Felony c. shall so be had shall c. not only certify a Transcript c. before the King c. in his Bench at Westminster in the County of Midlesex there to remain of Record forever c. but also shall deliver a Transcript of every such Indictment whereupon the said person c shall fortune hereafter so to be convicted or Clerks attainted to the Ordinary to whom the body of the said person c. shall be committed § 4. N. 1. And be it Enacted Certificate c. that the said Clerk of the Crown in the Kings Bench c. shall at all such times as the Iustices of Goal-delivery or Iustices of Peace in every County within this Realm of England do write unto him for the names of such persons which be so attainted by Outlawry or Clerks attainted or convict and certified in the said Bench of our said Soveraign Lord the King shall incontinently without delay certify the said Names and Sirnames of the said persons with the Causes why and wherefore they were convict or attainted unto the Iustices of Goal-delivery or Iustices of Peace upon the pain c. to forfeit for every Name of such persons which shall be so written for and not certified by the said Clerk of the Crown in the Kings Bench to the said Iustices forty shillings 35 H. 8. Cap. 5. § 1. N. 6 Or viz. none to be arraigned for Offence against 31 H 8. Cap. 14. § 9. Religion N. 2. c. but on Presentment c. before the Iustices of Peace sitting in their Sessions or three of them at the least C. 17. § 7. N. 2. And if the Lord viz. that would inclose Wood of Common Woods c. and the said Tenants and Inhabitants or the most part of them cannot will not or do not assent consent and agree for and upon the severing dividing setting out meeting and bounding of the said fourth part of the said Woods and Vnder-woods Viz. to be left out c. or of as much thereof as shall amount to the full fourth part thereof that then two Iustices of the Peace not being of the Kin Allyance Council or Fee of or to the said Lord or Owner being thereto appointed by the more number of the Iustices of Peace of the Shire where the said Ground or Soyl lyeth in their open Quarter Sessions upon Request and Suit made unto them by the Lord or Owner or by his or their lawful Depuy or Deputies of the said Woods Vnder-woods Grounds or Soyl shall have full Power and Authority to call before them upon such Pains and Penalties as the said Iustices shall limit and appoint such twelve of the said Commons and Inhabitants nigh unto the same Woods or Vnder-woods as by the discretion of the said two Iustices shall be thought meet and convenient Common And upon or after the appearante of the same Lords Owners § 7. N. 3. Commons and Inhabitants or the most part of them the same Iustices shall open and declare unto the same Lord Owner Commons and Inhabitants the Cause of their Assembly and Appearance and that done shall by the Advise and Assent of the said Lord Owner Commons and Inhabitants or their lawful Deputy or Deputies or the most part of them effectually proceed to the severing dividing meeting and bounding of the said fourth part of the said Woods and Vnder-Woods or of so much thereof as shall amount to the fourth part thereof Justices And if the same Iustices Owners § 7. N. 4. Commons and Inhabitants or the most part of them cannot or will not agree upon the Division c. that then the said Iustices shall have full Power and Authority by this Act to sever divide and set out by meets and bounds the fourth part of the said Woods and Vnder-woods or so
or Commissioners to inquire of Felonies in the County where such Offences of Accessary c. shall be committed c. shall be as good and effectual in the Law as if the said principal Offence had been committed c. within the same County where the same Indictment against such Accessary shall be found § 4. N. 2. And that the Iustices of Goal-delivery or Oyer and Terminer Accessary or two of them of or in such County where the Offence of any such Accessary shall be hereafter committed c. upon suit to them made shall write to the Custos Rotulorum or Keepers of the Records where such Principal shall be hereafter attainted or convicted to certify them whether such Principal be attainted or convicted or otherwise discharged of such principal Felony who upon such Writing to them or any of them directed shall make sufficient Certificate in Writing under their Seal or Seals to the said Iustices whether such Principal be attainted and convicted or otherwise discharged or not 3 4 Ed. 6. p. 667. Acts made in the Session of this present Parliament Parliament holden upon Prorogation at Westminster the fourth day of November in the third year of the Reign of our most Dread Soveraign Lord Edward the sixth by the Grace of God King of England France and Ireland Defender of the Faith and of the Church of England and also of Ireland in Earth the Supream Head and there continued and kept to the first day of February in the fourth year of the Reign of our said Soveraign Lord as followeth Cap. 1. Where in the Parliament holden at Westminster in the seven and thirtieth year of the Reign of the most excellent Prince of Famous Memory King Henry the eighth viz. 37 H. 8. Cap. 1. § 2. N. 2. Patents it was Enacted that no person or persons should from the making of the said Act be nominated and appointed to the Office or Offices of Custos Rotulorum within any Shire of this Realm of England Wales or other the Kings Dominions Marches or Territories of the same but such as should have a Bill signed with the Kings hand for the same § 1. N. 2. Which Bill signed viz. 37 H. 8. Cap. 1. § 2. N. 3. Chancery should be a sufficient Warrant by Authority of the said Act to the Lord Chancellor of England and 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 had by another Bill assigned with his own hand appointed and ordained another person to have occupy and exercise the same Office of Custos Rotulorum § 1. N. 3. And Viz. 37 H. 8 Cap. 1. § 2. N. 4. Peace that the said person appointed and assigned to be Custos Rotulorum as is abovesaid should and might occupy exercise and enjoy the said 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 as by the same Act among other things more at large it doth and may appear § 2. N. 1. Since the making of which Statute viz. 37 H. 8. Cap. 1. § 2. Patents divers and many persons being in the said Offices of Custos Rotulorum in divers Shires of the Realm have departed this present Life and dyed so that there hath not come to the hands of the Chancellor of England or Lord Keeper of the Great Seal any Bill or Bills assigned with the Kings Majesties hand for the naming appointing or assigning of any new Custos Rotulorum in the same Shires and so the said Offices have remained void for a long time to the great let of Iustice § 2. N. 2. And also for that it shall be very tedious and much to the molesting of the Kings Majesty upon every avoidance of such Custos Rotulorum by death or otherwise Officer to move his Majesty for the signing of Bills for other persons to be elected named chosen and appointed to supply the said Offices of Custos Rotulorum being void § 2. N. 3. And for that the nomination and appointing of the said Office of Custos Rotulorum long before the making of the said Statute c. viz. 37 H. 8. Chancery C. 1. did appertain and belong to the Office of the Chancellor of England or Lord Keeper of the Great Seal for the time being § 3. N. 1. Be it therefore Enacted by the King our Soveraign Lord Prerog with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that the Chancellor of England or Lord Keeper of the Great Seal for the time being shall at all time and times hereafter and from time to time without any Bill or Bills to be assigned with the Kings hand name elect assign and appoint such person and persons to be Custos Rotulorum within every Shire of this Realm of England Wales and other the Kings Dominions Marches and Territories of the same or by any of them as by the discretion of the said Lord Chancellor or Lord Keeper of the Great Seal for the time being Deputy § 3. N. 2. shall be thought able and meet to have and exercise the same And that the said person or persons so to be appointed elected named and assigned by the said Lord Chancellor or Lord Keeper of the Great Seal for the time being shall and may occupy exercise and enjoy the same Office of Custos Rotulorum by himself or by his sufficient Deputy or Deputies Patents in as ample and large manner and form as if the said Act viz. 37 H. 8. Cap. 1. had never been had ne made § 4. N. 1. the before rehearsed Act or any thing therein contained to the contrary hereof in any wise notwithstanding Provided always and be it Enacted by the Authority aforesaid that all such as now have any of the said Offices of Custos Rotulorum by the Kings Letters Patents or Commission to them or any of them made shall and may enjoy Franchise have and exercise the said Offices by vertue of the same Letters Patents or Commission by himself § 5. N. 1. or his sufficient and able Deputy instructed in the Laws of this Realm any thing in this present Act had or made to the contrary notwithstanding Provided also that it be Enacted by the Authority aforesaid that the Arch-Bishop of York the Bishop of Durham the Bishop of Ely and every of their Successors the Chancellor of the Dutchy of Lancaster for the time being and all and every Person and Persons Corporations and Bodies Corporated to whom the Kings Majesty or any of his Noble Progenitors by his or their Letters Patents or Act
Clerk of the Peace within his or their particular Iurisdiction and after such Establishment no other or greater Fee or Fees then shall be so Established shall be Demanded or Received Games And moreover that the said Game-Keeper Cap. 25. 17. § 2. N. â c. viz. made by Lord of Royalty that is Esq c. or any other Person c. being thereunto Authorized by Warrant under the Hand and Seal of any Iustice of the Peace of the same County Division or Place may in the day time search the Houses Out-Houses or other places of any such Person c. by this Act prohibited to kéep or use the same as upon good Ground shall be suspected to have or kéep in his or their Custody any Guns Bows Grey-hounds Setting-dogs Ferrets Cony-dogs or other Dogs to destroy Hares or Conies Hayes Tramels or other Nets Lowbels Hare-pipes Snares or other Engines aforesaid and the same and every or any of them to Seize Detain and keep to and for the use of the Lord of the Mannor or Royalty where the same shall be so found or taken or otherwise to cut in pieces or destroy as things by this Act prohibited to be kept by Persons of their Degrées Forrest For remedy c. be it Enacted and Declared § 4. N. â that if any c. shall at any time enter wrongfully into any Warren or Ground lawfully used or kept for the breeding or kéeping of Conies although the same be not Inclosed and there shall take chace or kill any Conies against the will of the Owner or Occupier thereof not having lawful Title or Authority so to do and shall be thereof lawfully Convicted in manner hereafter following the Parties so Offending shall yield to the Party grieved treble Damages and Costs and suffer Imprisonment by the space of three Months and after till they shall find Sureties for their good abearing Damages Viz. None to take or kill Conies in the Night § 5. N. 3. c. upon pain that every Person so Offending and being thereof lawfully Convicted in manner hereafter following shall give the Party or Parties injured such Recompence or Satisfaction for his or their Damages and within such time as shall be appointed by the Iustice before whom such Offender shall be Convicted and over and above pay down presently unto the Overseers for the use of the Poor of the Parish where such Offence shall be Committed such Sum of Money not excéeding Ten shillings as the said Iustice shall think méet Imprisonment And if such Offender N. 4. c. do not make Recompence or Satisfaction to the said Party or Persons Injured and also pay the said Sum to the Poor in manner and form aforesaid then the said Iustice shall Commit the said Offender c. to the House of Correction for such time as the said Iustice shall think fit not exceeding One month Forrest And it is hereby further Enacted and Declared c. That if any § 6. N. â c. shall be found or Apprehended Setting or using any Snares Harepipes or other like Engines and shall be thereof Convicted in manner following the Person c. so offending shall be liable to the Penalties in the Immediate foregoing Clause of this Act in manner as aforesaid § 7. N. 2. Be it therefore further Enacted c. That if any shall at any time use any Casting Net Thief Net Drag Net Tramel Shove Net Fish or other Net whatsoever or any Angle Hair noose Troll or Spear or shall lay any Wears Pots Nets Fish-hooks or other Engines or shall take any Fish by any means or device whatsoever in any River Stew Pond Mote or other water as aforesaid or shall be aiding or assisting thereunto without the Licence or Consent of the Lord or Owner of the said Water and be thereof or of any other the Offence or Offences mentioned in this Act Convict by Confession of the Offender or by Oath of one sufficient Witness within One month after the Offence Committed before any Iustice of Peace of such County Riding Division or Place wherein such Offence as aforesaid shall be Committed which Oath the said Iustice of Peace is hereby Impowered to Administer every such Offender c. in stealing taking or killing Fish shall for every such Offence give to the Party c. Injured such Recompence or Satisfaction for his or their Damages and within such time as the said Iustice shall appoint not excéeding treble Damages N. 3. And over and above pay down presently unto the Overséers for the use of the Poor where the said Offence shall be Committed Poor such Sum of money not excéeding x s. as the said Iustice shall think méet N. 4. And in default of payment as aforesaid Process the same to be Levied by Distress and Sale of the Offenders Goods by Warrant under the Hand and Seal of such Iustice before whom the Offender shall be Convicted rendering the overplus if any be N. 5. And for want of Distress the Offender c. shall be Commited to the House of Correction for such time as the Iustice shall think fit Imprisonment not excéeding One month unless the Party offending shall enter into Bond with one competent Surety or Sureties to the Party injured not excéeding the Sum of Ten pounds never to offend in like manner § 8. N. 1. And be it further Enacted That it shall and may be Lawful for every Iustice of the Peace before whom such Offender as aforesaid shall be Convict to take Justices cut in Pieces and destroy all and every such Angles Speers Hairs Nooses Troles Wears Pots Fish-hooks Nets or other Engines whatsoever wherewith such Offender as aforesaid shall be taken or Apprehended § 9. N. 1. Provided alwaies and be it Enacted c. That if any Error c. shall find him or themselves agrieved by any Iudgment which shall happen to be given by any Iustice of the Peace by vertue of this Act it shall and may be Lawful for such Person or Persons so agrieved to appeal unto the Iustices of the Peace in their General Quarter-Sessions which shall happen to be held next after such Iudgment given who or the greater number of them are hereby Authorized and Impowered to give such relief and make such Order therein as shall be agréeable to the Tenor of this Act. N. 2. And such Iudgment Order or Determination as by the said Iustices shall be made upon the said Appeal Certiorari shall be final to all Intents and purposes whatsoever if no title to any Land Royalty or Fishery be therein concerned Cap. 26. 18. § 2. N. 1. And forasmuch as the Remedies and Provisions by those Laws Husbandry viz. 12 Car. 2. 34 15. Car. 2. 7. § 18. are found not large enough to obviate and prevent the Planting thereof viz. of Tobacco N. 2. Be it
shall use Imploy or Travel upon the Lords Day with any Boat Wherry Lighter or Barge Religion except it be upon Extraordinary occasion to be allowed by some Iustice of the Peace of the County or head Officer or some Iustice of the Peace of the City Borough or Town Corporate where the Fact shall be Committed N. 3. Vpon pain that every Person so Offending shall forfeit and lose the Sum of Five shillings for every such Offence Forfeiture N. 4. And that if any person Offending in any of the Premisses Dayes shall be thereof Convicted viz. for Trading on the Lords Day c. before any Iustice of Peace of the County or the Chief Officer or Officers or any Iustice of Peace of or within any City Borough or Town Corporate where the said Offences shall be Committed upon his or their View or Confession of the Party or proof of any one or more Witnesses by Oath which the said Iustices Chief Officer or Officers is by this Act Authorized to Administer the said Iustice or Chief Officer or Officers shall have Warrant under his or their Hand and Seal to the Constables or Church-wardens of the Parish c. where such Offence shall be Committed to Seize the said Goods cried shewed forth or put to Sale as aforesaid and to Sell the same and to Levy the said other Forfeitures and Penalties by way of Distress and Sale of the Goods of every such Offender distrained rendering to the said Offenders the overplus of the Monies raised thereby N. 5. And in default of such Distress or in Case of Insufficiency or Inability of the said Offender to pay the said Forfeitures or Penalties Imprisonment that then the party Offending be set publickly in the Stocks by the space of Two hours N. 6. And all and singular the Forfeitures or Penalties aforesaid viz. for Trading or Travelling Forfeiture c. on the Lords Day shall be Imployed and Converted to the use of the poor of the Parish where the said Offences shall be Committed saveing only that it shall and may be lawful to and for any such Iustice Mayor or head Officer or Officers out of the said Forfeitures or Penalties to reward any person c. that shall Inform of any Offence against this Act according to their Discretions so as such reward excéed not the third part of the Forfeitures or Penalties Statuta 29 30 Car. 2. Scotland BE it therefore Enacted 29 30 Car. 2. 2. § 1. N. 2. c. viz. because found necessary that the said two former Acts viz. 13 14 Car. 2. 22 18 Car. 2. 3. and either of them and every matter Clause and Clauses therein contained and all and every the Powers and Authorities thereby given shall be continue and remain in full force from henceforth for and during the space and time of Seven years and also from thence until the End of the first Session of the next Parliament Peace Be it further Enacted § 2. N. â c. that the said several Iustices of the Peace of the said respective Counties shall from time to time at the respective Quarter-Sessions take good and sufficient Security of the Person or Persons by them Imployed in the said Service for the preservation of the said respective Counties from Theft and Rapine to answer the Damages sustained by any person or persons by his or their neglect or default therein and to pay and satisfie the same within Four months after that proof thereof shall be made by the Oath of one or more Credible Witnesses before the Iustices of the Peace of the said respective Counties at the next Quarter-Sessions in the respective County Oath Which Oath or Oaths the said Iustice or Iustices are hereby Authorized to Administer N. 3. so as the Goods stoln be entred in one of the Books to be kept for that purpose within the space of xlviii hours after the same shall be stoln or gone Record And that Books shall be kept for that end in every Market Town of the said respective Counties and at such other Convenient places therein N. 4. and by such person or persons as the said Iustices of the Peace in the said respective Counties at their General Sessions of the Peace shall order or appoint Justices And be it further Enacted § 3. N. 1 c. that the said several Iustices of the Peace of the said respective Counties at the General Quarter-Sessions of the Peace for the said County respectively shall yearly or every two years at the furthest in open Court make choice thereof and appoint such Person or Persons as they shall respectively think fit for the said Counties respectively to be Imployed in the said Service Religion Provided that every Person and Persons employed for the preservation of the said respective Counties from Theft and Rapine § 4. N. 1. or as Treasurer for the said Service do receive the Sacrament of the Lords Supper according to the usage of the Church of England in some publick Church upon some Lords Day commonly called Sunday within the space of Thrée months after they shall enter upon such Imployment and deliver a Certificate thereof to the next Quarter-Sessions in the respective County where they shall be so Imployed and take the Oaths of Allegiance and Supremacy and make and subscribe the Declaration appointed to be made and subscribed in and by one Act in this present Parliament c. viz. 25 Car. 2. 2. c. under the Penalties and Forfeitures by the said Act appointed Statuta 30 Car. 2. 30 Car. 2. 3. § 4. N. 4. VIz. The Five pounds Penalty for not Burying in Woolen Drapery c. to be Levied by way of Distress and Sale thereof by Warrant of the Chief Magistrate in any Town Corporate or any Iustice of the Peace c. § 5. N. 1. And it is hereby further Enacted c. that the said Affidavit Oath viz. of Parties being Coffined in Woollen only shall be made or taken before some Iustice of the Peace or Master of the Chancery Ordinary or Extraordinary Mayor Baliff or other Chief Officer of the City County Borough Corporation or Market Town in the County where the said Party was Buried who are hereby Authorized and required to Administer the said Oath and to attest the same under their Hands upon such Affidavit gratis N. 2. And in Case no such Affidavit shall be brought to the Person Church c. where the said Party was Buried c. within the said Eight dayes that such Person c. shall forthwith c. cause notice thereof to be given in Writing under his Hand to the Church-warden or Overseers of the Poor of such Parish who shall within Eight dayes after such notice repair to the Chief Magistrate in any Town Corporate c. or else to any Iustice of the Peace who upon the
J. W. and R. P. Fsque two Justices of the Peace of our Sovereign c. in the County of B. Greeting Know ye That we the said Justices of good and credible report to us made as well by men of Worship as by other honest persons That J. W. of c. is a man meet to keep a common Alehouse in the House where he now dwelleth have licensed allowed and admitted and by these presents do license allow and admit the said J. W. to keep a common Alehouse or Tippling-house at M. aforesaid for one whole year next ensuing the date hereof so that the said J. W. suffer not any unlawful Games to be used within his said House nor any evil rule or order to be kept within the same during his time of the said License for the using of which License accordingly we do you to wit that we have bound the said J. W. and two other sufficient Sureties in a hundred Shillings a piece by Recognizance to the Queens Majesties use In witness c. Dalt 378. cap. 124. infra License LXVI Dalt 379. ibid. or thus J. C. and M. D. two Justices of the Peace of our Sovereign Lord c. To all Bailiffs Constables and other the Kings Majesties Officers Greeting Know ye That we the said Justices have licensed and by these presents do license J. W. of c. to keep a common Alehouse in L. aforesaid for one whole year next ensuing the date hereof and have bound the said J. W. by Recognizance with Sureties to the Kings Majesties use that he shall maintain good rule and further to do and behave himself therein in all things according to the Laws and Statutes of this Realm c. License Cambr. ss LXVII Dalt 379. or thus We whose Names are hereunto under-written Justices of Peace of our Sovereign Lord the King within the County of Cambridge do license and allow J. W. of L. aforesaid for and during one whole year next ensuing the dâte hereof so as he doth not sufier any unlawful Games to be used in his House nor any evil rule to be kept there but do behave himself therein according to the Laws and Statutes of this Realm in that behalf made and provided In witness c. License LXVIII Dalt 379. cap. 124. A License to Brew and keep an Alehouse Derby ss Whereas A. M. of W. in the County of D. Husbandman hath come before us J. C. Knt. and F. B. Esq two of the Kings Majesties Justices of the Peace within the said County and bound himself in a Recognizance with sufficient Sureties to brew and sell and keep a common Alehouse according to the Statute made in the 5th year of the Reign of our late Sovereign King Ed. VI. Now know ye us the said J. C. and F. B. to have licensed the said A. M. to brew to sell and to keep a common Ale-house according to the said Statute Given under our Hands July 13. in the _____ year of c. West Presid 1 part sect 554. Victuals LXIX Dalt 361. cap. 121. A Warrant to convent all Victuallers c. to put in Sureties for observing Fish-days according to Proclamation To the High-Constables of the Hundred of R. and to either of them Fish These are in the Kings Majesties Name to command you to warn all the Inn-holders Taverners Cooks Alehouse-keepers Butchers and other Victuallers whatsoever within your Hundred personally to appear before us at L. on Thursday being the 20th day of this instant Febr. at the Sign of the Griffin there and to bring with them Sureties that shall enter into Bond with them to His Majesties use for the due observation of the Orders lately published for the restraint of killing dressing and eating Flesh in Lent or upon Fish days according to His Majesties Proclamation in that behalf and that you or one of you be then and there with us to deliver us a Note in writing of the Names Sirnames and Dwelling-places of every of them and of all other that victual without license within your Hundred as you will answer the contrary at your perils Dated at Westminster 1 Feb. c. LXX Dalt 360. cap. 121. Recogn For Alehouse-keepers to renew their Recognizance To the Bailiff c. R. H. Knt. one of His Majesties Justices c. These are in the Kings Majesties Name to require you That you direct your Precepts to every Petty-Constable within your Hundred requiring them that they warn all Alehouse-keepers and Victuallers within your said Hundred to be and personally to appear before us at L. upon Thursday c. then and thither bringing with them their Licenses And further That every of them bring with them a Certificate of their fitness and honest behaviour in keeping of their Alehouses and Victualling-houses under the hands of four at the least of the most substantial honest and discreet Inhabitants of the Parishes where they so keep or dwell and hereof fail you not c. LXXI Dalt 360. cap. 121. A Warrant for the suppressing of an Alehouse License Cambr. ss J. C. and E.H. Knts. two of the Kings Majesties Justices of the Peace within the said County of Cambridge to the Constables of B. and to either of them Greeting Whereas we are credibly informed that R. D. 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 in His Majesties Name to will and command you forthwith to repair to the House of the said R. D. and to charge him to cease from keeping any longer any Alehouse or Tippling-house and from common selling of Ale or Beer at his peril And withal that you cause his Sign to be pull'd down Hereof fail you not as you and either of you will answer to the contrary at your peril Given under our Hands and Seals at B. the _____ day of _____ in the year c. LXXII Dalt 361. cap. 1. Forfeitures A Warrant to levy money forfeited by Alehouse-haunters R. S. one of the Kings Majesties Justices of the Peace within the said County of C. to the Constables and Church-wardens of the Parish of W. and to every of them Greeting FOrasmuch as it hath been duly proved before me according to the Statute in that behalf provided that all and every the persons hereunder named Cambr. ss being Inhabitants within your Parish of W. upon the 12th day of this instant November have been and continued drinking and tippling in the House of G. W. of your said Town Inn-keeper or Alehouse-keeper c. contrary to the form of the same Statute These are therefore in his Majesties Name to charge and command you and every of you forthwith to levy by distress and sale of the Goods of every the said persons hereunder named the sum of three Shillings and four pence a piece which several
default of Goods to be commit without Bail or Mainprise until satisfaction of Tax to Poor inflicted Oath 3 Jac. 4. § 14. N. 2. Two Justices on refusal of Oath of Allegiance may commit without Bail or Mainprise until the next Assize or Quarter-Sessions Cap. 21. § 2. N. 3. Unlawful hunting Deer or stealing Conies Forest unless Sureties of Good behaviour for seven years be found to continue in prison without Bail or Mainprise until finding c. 7 Jac. 11. § 8. N. 4. Unlawful taker of Partridge c. with Nets Fowl c. imprison three months without Bail or Mainprise unless he pay 20 s. c. 21 Jac. 8 § 7. N. 2. Certiorari Party Indict to become bound with Sureties in ten pounds in open Sessions to prosecute before allowance of Certiorari c. Cap. 26. § 2. N. 1. Recognizance or Bail in anothers name Felony Nosm XLVI Lamb. 3. cap. 2. pag. 348. The form of Bailment Mainprise Memorand ' quod 20 die mensis Julii Anno regni Dom ' nostri Jacobi Kanc. ss c. venerunt coram nobis T. R. H. L. duorum Justiciar ' c. assignatorum apud H. in Com' predict ' A. B. C. D. de E. in dicto Com' Yeomen ceperunt in Ballium usque ad proximam Goalae deliberationem in dicto Com' tenend ' quendam F. G. c. Labourer captum detentum in prisona pro suspicione cujusdam feloniae c. assumpserunt super se scilicet quilibet predict ' A. B. C. D. sub pena 20 l. bonae legalis monetae Angliae predict ' F. G. assumpsit pro seipso sub pena 40 l. similis monetae de bonis catallis terris tenementis eorum quorumlibet cujuslibet eorum ad opus dicti Domini Regis haeredum successorum suorum levand ' si prefat ' F. G. ad eandem proximam Goalae deliberationem personaliter non comparebit coram Justiciariis dicti Domini Regis ad dictam Goalam deliberand ' assignatis ad standum recto de felonia predict ' ad respondend dict' Domino Regi tunc ibidem de super omnibus quae illi objicientur Datum sub sigillis nostris die anno primum supradict ' Dalt 387 388. cap. 127. XLVII Lamb. 348 349. The Liberate Imprisonm I. B. and T. L. two of the Justices of c. To the Keeper of his Majesties Goal in M. c. Greeting FOrasmuch as F. G. c. Labourer hath before us found sufficient Mainprise to appear before the Justices of the Goal-delivery Kent ss at the next general Goal-delivery to be holden in the said County there to Answer to such things as shall be then on the behalf of our said Soveraign Lord objected against him and namely to the Felonious taking of two Sheep for the suspicion whereof he was taken and committed to your said Goal we command you on the behalf of our said Soveraign Lord that if the said F. G. doth remain in your Goal for the said cause and for none other that 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 the pain that will fall thereon Given under our Seals this 20 of July c. Dalt 389. cap. 127. Crompt 238 b. 239. XLVIII 4 Ed. 3. 2. § 1. N. 4. Sheriff Such as shall be indicted or taken by the Keepers of the Peace shall not be let to Mainprise by the Sheriff nor by none other Ministers if they be not Mainpernable by the Law Lamb. 21. 23 H. 6. 16. § 1. N. 6. XLIX Kilb. Preced 2 Edit 28. Recognizance of Bail Recognizance Kanc ' ss Memorand ' quod 1 die Maii Anno regni c. A. B. de c. personaliter venit coram me C. D. uno Justiciar ' dicti Domini Regis ad pacem suam in Com' suo predict ' conservand ' assignat ' recognovit se debere eidem Domino Regi 10 l. legalis monetae Angliae de bonis catallis terris tenementis suis fieri levari ad opus usum dicti Domini Regis haered ' successorum suorum si defalt ' fieret in performatione conditionis indorsat ' Anno Dom. not necessary 2. Kanc ' ss Memorand ' quod 5 die Octob. Anno regni Recogn c. A. B. de c. G. H. de c. I. K. de c. personaliter venerunt coram nobis C. D. E. F. Justiciar ' dicti Domini Regis ad pacem suam in Com' suo predict ' conservand ' assignat ' recognoverunt se debere eidem Domino Regi modo forma sequent ' viz. predict ' A. B. 20 l. legalis monetae Angliae uterque predictorum G. I. 10 l. consimilis monetae de separalibus bonis catallis terris tenementis suis separaliter fieri levari ad opus usum dicti Domini Regis haered ' sucessorum suorum si defalt ' fieret in performatione conditionis indorsat ' Anno Dom. not necessary Appearance L. Kilb. Preced ibid. 30 31. A Condition for Felony or suspicion of Felony THe Condition of this Recognizance is such That if the within-bound A. B. do personally appear before his Majesties Justices of Goal-delivery at the next general Goal-delivery to be holden for the within-named County of Kent then and there to Answer to our Soveraign Lord the King for and concerning the Felonious taking and stealing of c. or for suspicion of his Felonious taking and stealing of c. wherewithall he standeth charged before c. and to do and receive c. and do not depart the said Court without license for the same that then this Recogn to be void or else it shall stand in full force 2. If it be to appear at the Sessions say Do personally appear before his Majesties Justices assigned to keep his Peace in the within-named County of K. at the next General Sessions of the Peace to be holden for the said County at T. in the County aforesaid then and there to Answer c. 3. If the Felon be in Prison say These are to charge and require you that immediately you bring before me the Body of A. B. now in your custody to be Bailed as Law requireth whereof fail not c. Given c. Bailiff Sheriff Franchise Officer Appearance I. LAmb. 390. The Bailiffs of Franchises and the Constables of Hundreds are to serve at the Sessions the one as Ministers the other as Jurors and therefore ought to give their attendance 27 H. 8. 24. § 14. N. 1. Oath II. Lamb. 4. cap. 4. pag. 428. Article in charge at Sessions if any Bailiff of Franchise Deputy or Clerk of the Shire or Under-Sheriff or other person have taken upon him to retorn any Enquest Jury
An Indictment against a Servant that stealeth his Masters Goods committed to his keeping Kanc. ss Juratores pro Domino Rege super sacramentum suum presentant quod cum A. B. de E. dicto Com' Mercer 20 die Septembr anno regni c. in domo mansionali ipsius A. B. apud E. predict ' in Com' predict ' deliberasset cuidam E. F. de E. predict ' in dicto Com' Mercer tunc serviens ipsius A. B. pro uno anno integro retento ac etatis 19 annorum existenti 10 l. in pecuniis numeratis de bonis ipsius A. B. ea intentione ut idem E. F. easdem salvo custodivet ad usum predict ' A. B. tunc Magistri sui idem E. F. dicto 20 die Setembr anno supradict ' Apprenticius dicti A. B. tunc non existens apud E. predict ' in Com' predict ' â dicto Magistro suo una cum predict ' 10 l. dicti A. B. tunc Magistri sui malitiose felonice discessit abiit aufugit ea intentione ad furand ' dictas 10 l. contra fiduciam in eo per prefat ' A. B. tunc Magistrum suum repositam collocatam ad inde dictum A. B. Magistrum suum predict ' defraudand ' contra pacem dicti Domini Regis ac contra formam diversorum Statutorum hujus regni Angliae in hujusmodi casu provisorum editorum 21 H. 8. 7. § 1. N. 2. 5 Eliz. 10. Corruption of Bloud see Coron Corporal Pain see Pain Judgment Costs see Damages Cottages see Poor Counterfeits see Forgery County-Courts see Justices Sheriffs Courts see Justices Coupers see Trades Coynage see Money Counsel see Pleading Cries see Fresh-Suit Crosss-Bows see Games Wars Crows see Fowl Cursing see Oaths Curriers see Leather Customers see Merchants Admiral Custus Rotulorum see Peace Cut-purses see Coron Cutting of Tongues Ponds c. see Coron Costs Damages I. 18 Eliz. 5. § 3. N. 3. And that if any such Informer viz. on penal Law c. shall willingly delay his Suit or shall discontinue or be Non-suited or have Verdict or Judgment against him then he shall yield c. unto the party Defendant his Costs Charges and Damages to be assigned by the Court in which the same Suit shall be attempted Days Lent Sabbath Limitation LAmb. 4. cap. 4. pag. 452. Enquiry in Sessions if any person other than by reason of Age Sickness Childing or License have within this year eaten Flesh in Lent or upon any Fish day observed by the custom of this Realm 2. 3 Ed. 6. 19. § N. 5 Eliz. 5. § N. II. Shepherds Clerks Cabinet 17. cap. 3. A Warrant to any forfeiture on 1. Car. 1. cap. 1. § N. W. S. Esquire c. to the Constables and Tythingmen of D. within this County and every of them or to the Churchwardens of D. and C. Whereas the persons undernamed all of your Parish of D. within this County have been lawfully convicted before me that the first day of May last past being the Lords-day did cause or maintain or keep an Assembly Meeting or Concourse at Sale in this County being out of their own Parish for Sports and Pastimes viz. for Foot-ball and for Wrestling or caused an Assembly Meeting or Concourse of People for a Bear-bating or for a Bull-bating or for a Common Play or for Cards and Dice or for Dancing c. contrary to the Acts of Parliament in that case provided by which either of them hath forfeited 3. s. 4. d. a piece for the use of the poor of your Parish to be levied by the Constables or Churchwardens by distress and sale of the Goods of the Offender and in default of Distress to be put in the Stocks three hours These are therefore to Authorize and Require you forthwith to levy the same Sum of 3. s. 4. d. of every of the said named persons and of their Goods respectively by distress and sale thereof rendring to them the overplus And in case of lack of distress that then you see that the same person or persons lacking distress be set publickly in the Stocks by the space of three hours and the same mony forfeited being by you received that you take care the same be by you employed to the use of the Poor of your Parish according to the said Act And hereof fail not c. Given under my Hand and Seal the tenth day of c. W. S. of Dale Husbandman I. S. of the same Yeoman K. L. of the same Labourer N. M. of Sale Yeoman III. Shepherds Clerks Cabinet 19. cap. 30. Warrant on 3 Car. 1. cap. 1. Ways § N. for the forfeiture W. S. c. To the Constables c. It being duly proved before me that I. S. of your Parish of D Glouc. ss a common Carrier c. the first day of c. Anno c. being the Lords day in your Parish of D. aforesaid did being then a common Carrier with his Horse c. Travel into and through your said Parish of D. contrary to the Statute in that case provided by which he hath forfeited twenty Shillings to the use of the poor of your Parish of D. These are therefore to Authorize and Require you forthwith to levy the same twenty Shillings of the Goods of the said I. S. by distress and sale thereof rendring to him the overplus And the same so by you received that you see it be employed to the use of the Poor of your Parish according to the intent of the same Statute and hereof c. Given under my Hand and Seal c. the tenth day of c. II. ibid. A Warrant against a Butcher for killing meat on the Lords day Cattel on 3 Car. 1. cap. 1. To the Constables and Tythingmen of D. and every of them or to the Church-wardens of D. c. W. S. One of his Majesties Justices for this County of G. Glouc. ss assigned to keep the Peace Greeting It being duly proved before me that I. S. of your Town Butcher did in D. aforesaid the first day of May last past being the Lords day kill or cause to be killed Victuals to wit one Calf or did sell Victuals contrary to the Act of Parliament in that case provided whereby he hath forfeited 6. s. 8. d. to the use of the Poor c. These are therefore to Authorize and Require you forthwith to levy the same 6. s. 8. d. c. and hereof you are not to fail c. Given c. III. ibid. To the Constables c. It being duly proved before me or some of his Majesties Justices c. that I. S. of your Parish did the first day of May last Glouc. ss being the Lords day at Dale aforesaid without reasonable cause carry Burthens viz. a Bushel of Wheat to a Mill there or do worldly Labour and Work viz. drive Cattel from one ground to another half a mile distant contrary to the Act of Parliament in
of higher degree or which are owners or Keepers of Forests Parks Chaces or Warrens being stockt with Deer or Coneys for their necessary use in respect of the said Forests Parks Chaces or Warrens as upon good grounds shall be suspected to have or keep in his or their Custody any Guns Bows Greyhounds Setting Dogs Ferrets Cony Dogs or other Dogs to destroy Hares or Coneys Hayes Tramels or other Nets Lowbells Harepipes Snares or other Engines for the taking and killing of Coneys Hares Pheasants Patridges or other Game and such Guns Bows Greyhounds Setting Dogs Ferrets Coney Dogs or other such Dogs as aforesaid Hayes Tramels or other Nets Lowbells Harepipes Snares or other Engins aforesaid as you or any of you shall so find to seise detein and keep to and for the use of the Lord of the Mannor or Royalty where the same shall be so foând or taken or otherwise to cut in pieces or destroy as things by the said Act prohibited to be kept by persons of their degree and what you shall do in the premises you shall make known unto me with all convenient speed hereof fail not at your Perils Given under my Hand and Seal at c. the 10th day of c. 2. This may be directed to any special person or persons as well as to the Officers XXV Pract. Precedents 162 163. An Indictment for Hunting in a Park and using a Net to take Deer on 13 Car. 2. cap. 10. Hertford ss Juratores pro Domino Rege supra sacramentum suum presentant quod R. F. de D. in Com' H. Yeoman c. 13 die Novembr An. Regni c. Circa horam undecimam in nocte ejusdem diei aggregat ' sibi quamplurimis aliis malefactoribus pacis dicti Domini Regis perturbatoribus ignotis vi armis viz. Gladiis c. clausum parcum cujusdam P.L. Armigeri apud J. in Com' predict ' injuste fregerunt intraverunt Damas ipsius F. adtunc ibidem in parco predicto cubant ' depascent ' cum duobus Canibus Leporariis Angl ' vocat ' Greyhounds uno rete vocat ' a Buckstall quod in parco predicto tenuerunt injuste venati sunt Chaceaverunt unam Damam adtunc ibidem cum Canibus predictis riotose ceperunt asportaverunt contra pacem dicti Domini Regis Coronam dignitatem suas ad Grave Damnum ipsius F. contra form ' Statut ' in hujusmod ' casu edit ' provisi Forestallers see Market-overt Forfeitures I. 18 H. 6. 11. § 1. N. 4. And if the Justice of Peace that hath not 20 l. per ãâã give not knowledge thereof to the Chancellor within a mouth after he hath notice of being in 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 Lambert 28. 31. Crompt 122. § 37. II. 5 Eliz. 13. § 8. N. 3. Justice of Peace Forfeits 100 l. not certifying Presentments of defaults of High-wayes at the next General Sessions III. 1 Jac. 9. § N. Is 40 s. of Constable omitting his Duty IV. 3 Jac. 4. § 5. N. Is 20 s. of Constable not presenting Recusant and 40 s. by Clerk of the Peace not Entring it V. 3 Jac. 4. § 8. N. Is 20 l. every Month of Recusancy VI. Lambert 2. cap. 2. pag. 111. Whether the Recognizance for the Peace be at the Suit of A. or by the meer motion of the Justices in the behalf of A. the King cannot release or pardon it before it be Forfeited c. but being once Forfeited then he and none other may pardon the Forfeiture VII Lambert 127. Menacing Affrays Assaults c. be breaches of the Peace and do draw after them the Forfeiture of a Recognizance knowledged for the keeping of the Peace VIII But what this Process viz. on 5 6 Ed. 6. 25. § N. against Alehouse-Keepers on Forfeit of Recognizance shall be I will not determine for I do not find that in any other Case though it appear that a man hath Forfeited his Recognizance the Justices of Peace can Award any scire fac ' or other Process to call him in upon it but rather to certifie the same into higher Courts that from thence Process may issue out to call the party to answer Lambert 56. IX Lambert 569. 570. I have heard that even in Cases where the Statutes do appoint a certain Forfeiture as 5 l. c. yet the practice is to mitigate the same by discretion if so be that the party will come in upon the Indictment and put himself in Gratiam Regis with or without confession of the fault c. so that the Fine shall be small where the fault was great and the penalty of the Law it self not small But this manner of doing in my mind is so void of sound Reason that I cannot recommend it to the Justices of Peace but do rather condemn it as a mockery of the Law against which practice 17 Ed. 4. 4. § N. of Tyles 33 H. 8. 6. § N. of Crossbows 5 6 Ed. 6. 25. § N. of Alehouses are made that Justices shall not assess less c. Forgery Collusion I. Crompt 56. b. Justices The Justices of Peace cannot Inquire of Forging of Deeds Escripts c. the second time which is Felony by 5 Eliz. 14 § 7. N. 1. Inasmuch as they have not the first Record whereby he was attainted of the first Forgery nor of this first act they cannot Inquire by 5 Eliz. 14. § 10. N. 1. Poult de Pace 44. b. § 9. Lambert 540. Dalt 276. cap. 107. II. Dalt 51 52. cap. 20. Coron Whereas one R. Smith was Indicted at the Sessions of Peace in the County of Oxford upon 5 Eliz. 14. § 7. N. 1. for Forging of a False Deed it was adjudged by the whole Court in the Kings Bench Ann. 30 Eliz. that the same Indictment was not well taken for although the Justices of Peace by their Commissions have power of Oyer and Terminer to hear and determine in Felonies and Trespasses and have in their said Commission an express clause ad audiend ' terminand ' and so are Justices of Oier Terminer yet it was resolved by the Court that forasmuch as there is a Commission of Oier and Terminer known distinctly by that name and the Commission of Peace is known distinctly by another name that the said Indictment taken before Justices of Peace at their Sessions was not well taken by 5 Eliz. 14. § 10. N. 1. and therefore it was quasht Crompt 120. b. § 7. III. Lambert 4. cap. 4. pag. 436. Inquiry on 33 H. 8. 1. § 2. N. 1. Collusion If any person have falsely and deceitfully gotten into his possession any mony or any other things of any other mans by colour of false Privy tokens or of counterfeit Letters in anothers name Crompt 83. IV.
Purificationis beatoe Marioe Virginis proxim ' futur ' post Dat' present ' nisi fecerint concesserunt pro se Heredibus Executoribus administraterbus suis per present ' quod Dictoe separales Summoe leventur ' recuperent ' de maneriis messuagiis terris tenement ' bonis catallis hereditament ' ipsorum J. S. W. S. R. D. hered ' executor ' assignator ' suorum ubicunque fuerint jnvent ' per present ' Dat' c. Another CAntebr Memorand ' quod c. Die c. Anno c D. E. de B. in Com' predicto Yeoman personaliter venit coram me N. D. Armig ' uno Justiciar ' Dicti Domini Regis ad pacem in Com' predict ' Conservand ' assignat ' recognovit se debere dicto Damino Regi x libr ' bonoe legalis monetoe Anglioe de bonis Catallis terris tenement ' suis fieri levari ad opus dicti Domini Regis heredum Successorum suorum si defecerit in Conditione indorsata Alias MEmorand ' quod c. Die c. Anno c. venerunt coram me M. D. uno Justiciar ' c. assignat ' T. F. de W. in Com' predict ' Yeoman J. S. de eisdem Villa Com' Husbandman Manuceperunt uterque eorum separatim manucepit sub pena v li. legalis monetoe Anglioe pro W. S. de W. predict ' Taylor predict ' W. S. assumpsit pro seipso sub pena x li. consimilis monetoe Anglioe quas quidem separales Summas recognoverint quilibet eorum ut predictum recognovit se debere dicto Domino Regi de terris tenement ' bonis Catallis suis fieri c. si predict ' W. S. defecerit in performatione Condition ' infrascript ' A Condition to keep the Peace THe Condition of this Recognizance is such that if the within Bounden J. S. shall personally appear before the Justices of our said Soveraign Lord the King at the next General Sessions of the Peace to be holden in the said County of C. to do and receive that which by the Court shall be then and there enjoyned him and that he in the mean time do keep the Peace of our said Soveraign Lord the King towards the Kings Majesty and all his Liege People and especially towards A. B. of C. aforesaid Yeoman that then c. Kilborns Presidents 176. Retorn LIX Lamb. 107. If the Surety were taken by virtue of a Supplicavit then must the Justice of Peace being in this Case but a Minister make return of the Writ and Certificate of his doing into the Court from whence the Supplicavit did proceed First let him note upon the Back of the Supplicavit thus Executio istius brevis patet in quadam Schedula huic brevi Annexa The Schedule thus EGo T. F. Miles unus Custodum pacis Domini Regis in Com' K. certifico in Canceliarioam dicti Domini Regis me virtute istius Brevis mihi per A. B. in eodem Brevi nominat ' primo deliberati personaliter coram me tali die loco venire fecisse T. R. in dicto Brevi nominatum ac eundem T. ad sufficientem securitatem manucaptores pacis inveniend ' secundum formam dicti Brevis viz. as the Writ which is of divers forms shall appoint Compulisse in cujus rei testimonium huic presenti Certificationi meoe sigillum meum apposui datum apud D. predict ' in Com' predict ' 25 Die Febr ' Anno c. Dalt 185. cap. 73. Certiorari LX. Lamb. 108. If a Certiorari be directed out of the Chancery to the Justice of the Peace for removing this Recognizance because it was not sent up together with the Certificate as there was no necessity that it should then that Writ also may be thus Answered Upon the Back of the Writ thus VIrtute Istius Brevis ego P. H. unus Custodum Pacis Domini Regis in Com' K. tenorem securitatis pacis unde infrà fit mentio Dicto Domino Regi in Cancellariam suam sub sigillo meo distinctè apertè mitto prout patet in Schedula huic Brevi consuta Crumpt 143. ab The which Schedule may be thus Reciting MEmorand ' quod XX die c. Anno c. the whole Recognizance to the End then in cujus rei Testimonium ego predict ' P. H. sigillum meum apposui dat' c. Dalt 185. cap. 73. Joyndre LXI Lamb. 108 109. If the Supplicavit be against divers and the Party will release his Prayer of the Peace against one of them then the release ought to be certified for him and the Writ must be served for the rest or else non est Inventus may be certified for him and the Writ may be certified for the rest Dalt 173. cap. 69. Retorn LXII Lamb. 109. And this Form may serve also where a Certiorari is brought to a Justice of Peace to remove a Recognizance of the Peace that was taken by him ex officio without any such Writ of Supplicavit as Registre 90. But if the Recognizance be not thus removed from the Justice of Peace then may he keep it till the Certiorari come to him for it On the other side if the Recognizance were taken by vertue of his Office then whether it were by his own Discretion or at the Suit and desire of another he must send or bring it in at the next Sessions to the Custos Rotulorum so that the Recognizor may be there Called and if he make default then the same default to be recorded as is appointed by 3 H. 7. 1. § 1. N. 26. Dalt 174. cap. 70. LXIII Lamb. 109. And although the Party that prayed the Peace Appearance do not then appear at those Sessions yet is not the default of the Recognizor discharged thereby 39 H. 6. 26. Surety Br. 10. and the Justices may then of discretion bind him over which also they ordinarily do in some places for two or three Sessions together by order among themselves Dalt 174. cap. 71. LXIV Lamb. 110. The Justice of Peace that of his own motion compelleth one to give Surety of the Peace until a certain day Release may by like discretion before that day release it Fitzh 10. and if it should fortune to be made to keep the Peace Generally without any day limited then would it be construed that it was to continue during the Life of the Party bound and then could no man release it by Fitzh 21 Ed. 4. 40. 9 Ed. 4. 3. Crumpt 139. b. § 15. 141. Dalt 175. cap. 71. LXV Lamb. 110. If at the Suit of A. the Recognizance should be taken to keep the Peace against A. only and none other then may A. release it either before the same Justice or any other that will certifie the release which Certificate being of Record will discharge it but to release it by Deed is nothing worth by Marrow
calling themselves Aegyptians that he shall lawfully seize by vertue of this Statute 22 H. 8. 10. § 5. N. 1. Crompt 178. and 195. § 13. XXXVII Lambert 366. That Justice of the Peace which seizeth the Goods of any Aegyptians Restitution and doth not Incontinently restore such part thereof as shall be proved before him to have been Craftily or Feloniously taken shall forfeit the double thereof to such Provers 22 H. 8. 10. § 4. N. 1. XXXVIII Crompt 129. § 32. If any Outlandish Person naming himself an Aegyptian or any such stranger commits any Murder Enquest Felony or Robbery and upon his Arraignment pleads not Guilty or any other plea tryable by the Country the Enquest in this Case shall be all of English 22 H. 8. 10. § 2. N. 3. And so shall the Enquest be where any of the said Aegyptians is Indicted of Felony for continuance within this Realm by the space of a month Contrary to 1 2 Ph. Mar. 4. § N. and 5 Eliz. 20. XXXIX 22 H. 8. 12. Where in all places throughout this Realm of England Vagabonds and Beggars have of long time increased Laborors and daily do increase in Great and Excessive Numbers by the occasion of Idleness the Mother and Root of all Vices whereby hath Insurged and sprung and daily Insurgeth and springeth continual Thefts Murders and other sundry hainous Offences and great Enormities to the high displeasure of God the inquietation and dammage of the Kings people and to the marvellous disturbance of the commonweal of this Realm 35 Eliz. 7. § 25. N. 1. XL. 22 H. 8. 12. § 1. N. 2. And whereas many and sundry good Laws strict Statutes and Ordinances have been before this time devised and made Contempt as well by the King our Soveraign Lord as also by divers his most noble Progenitors Kings of England for the most necessary and due reformation of the premises yet that notwithstanding the said numbers of Vagabonds and Beggars be not seen in any parts to be punished but rather daily augmented and increased into great Routs and Companies as evidently and manifestly it doth and may appear XLI 22 H. 8. 12. § 1. N. 3. Be it therefore enacted Justices c. That the Justices of the Peace of all and singular the Shires of England within the limits of their Commissions and all other Justices of Peace Mayors Sheriffs Bailiffs and other Officers of all and every City Borough Riding or Franchis whereof they be Justices of Peace Mayors Sheriffs Bailiffs or Officers and so being divided shall make diligent search and enquiries of all Aged Poor and impotent Persons which live or of necessity be compelled to live by Alms of the Charity of the People that be or shall be hereafter abiding within every Hundred Rape Wapentake City Borough Parish Liberty or Franchis within the limits of their Division and after and upon such search made the said Justices of Peace Mayors Sheriffs Bailiffs and other Officers that is to say every of them within their limits of their Authorities whereunto they be divided shall have Power and Authority by their Discretions to enable to beg within such Hundred Rape Wapentake City Town Parish or other Limits as they shall appoint such of the said Impotent persons which they shall find and think most convenient within the limits of their Division to live of the Charity and Alms of the People and to give in Commandment to every such Aged and Impotent Beggar by them enabled that none of them shall beg without the limits to them so appointed Records XLII 22 H. 12. § 1. N. 4. And shall also register and write the names of every such Impotent Beggar by them appointed in a Bill or Roll Indented the one part thereof to remain with themselves and the other part by them to be certified before the Justices of Peace at the next Sessions after such search had to be holden without the said Shires Cities Towns or Franchises there to remain under the keeping of the Custos Rotulorum Seals XLIII 22 H. 8. 12. § 1. N. 5. And that the said Justices of Peace Mayors Sheriffs Bailiffs and other Officers that is to say as they be divided shall have Power and Authority to make such and so many Seals to be Ingraved with the Names of the Hundreds Rapes Wapentakes Cities Boroughs Towns or places within the which they shall appoint and limit every such Impotent Person to beg and commit the said Seals to the custody of such of them or to the custody of such other as they shall think convenient License XLIV 22 H. 8. 12. § 1. N. 6. And shall make and deliver to every such Impotent Person by them enabled to beg a Letter containing the name of such Impotent Person and witnessing that he is Authorized to beg and the limits within which he is appointed to beg Seals XLV 22 H. 8. 12. § 1. N. 7. The same Letter to be sealed with such of the said Seals as shall be engraved with the names of the limits wherein such Impotent Person shall be appointed to beg in and to be subscribed with the name of one of the said Justices or Officers abovesaid Lieu. XLVI 22 H. 8. 12. § 1. N. 8. And if any such Impotent Person so authorized to beg do beg in any other place than within such limits that he shall be assigned unto that then the Justices of Peace Mayors Sheriffs Bailiffs Constables and all other the Kings Officers and Ministers shall by their discretions punish all such persons by Imprisonment in the Stocks by the space of two days and two nights giving them but only bread and water and after that cause every such Impotent Person to be sworn to return again without delay to the Hundred Rape Wapentake City Borough Town Parish or Franchis where they be Authorised to beg in License XLVII 22 H. 8. 12. § 2. N 1. And it is Enacted that no such Impotent Person as is abovesaid after the Feast of the Nativity of St. John Baptist next coming shall beg within any part of this Realm except he be Authorized by Writing under Seal as is abovesaid and if any such Impotent Person after the Feast of St. John be Vagrant and go a begging having no such Letter under Seal as is above specified that then the Constables and all other Inhabitants within such Town or Parish where such person shall beg shall cause every such Beggar to be taken and brought to the said Justice of Peace or High Constable of the Hundred XLVIII 22 H. 8. 12. § 2. N. 2. Pain And thereupon the said Justice of Peace or high Constable shall command the said Constables and other Inhabitants of the Town or Parish which shall bring before him any such Begger that they shall strip him naked from the middle upward and cause him to be whipped within the Town where he was taken or within some other Town
for the Mother nor reputed Father of any Bastard-Child Bail who refuseth to perform the order of the Justices according to the Statute 18 Eliz. 3. § N. CCCLXXX Crompt 154. b. Nor shall he be Bailed who is Collector for the Poor who refuseth to account c. 14 Eliz. 5. § N. Account CCCLXXXI Crompt 155. Nor shall Bail be received for the Collectors nor Governors of Poor nor for Guardians nor Collectors for the Houses of Correction who refuse to make account contrary to 18 Eliz. 3. § N. Pain CCCLXXXII Lambert 2. cap. 7. pag. 202. Any Justice of the Peace may appoint any person to be openly whipped naked until his or her body be bloody that shall be taken begging wandring or misordering him or her self as is declared by the Statutes 39 Eliz. 4. § N. and 1 Jac. 7. § N. to be a Rogue Vagabond or sturdy Begger c. Settlement CCCLXXXIII Lambert 202. 203. And shall cause such person so whipped to be forthwith sent from Parish to Parish by the Officers of every the same the next strait way to the Parish where such person was born if that may be known by the parties confession or otherwise and if not then to the Parish where such person last dwelt before that punishment by the space of one whole year there to labor or not being known where such person was born or so dwelt then to the Parish through the which such person last passed without such punishment 1 Jac. 7. Dalt 128. cap. 47. Pasport CCCLXXXIV Lambert 203. And such Justice under his hand and Seal shall make a Testimonial witnessing such punishment and the day and place thereof and mentioning the place to which such person is limited to go and by what time at his or her peril and in case such place of Birth or last dwelling be not known then such person shall by the Officer of the Village through which he or she last passed without punishment be conveyed to the House of Correction of the limit wherein that Village is or to the common Goal of that place or County there to remain in work till such person be placed in service for one years continuance or not being of able body till such person shall be placed in some Alms-House of that place or County 39 Eliz. 4. Dalt 126. cap. 47. Certificate CCCLXXXV Lambert 204. The form of which Testimonial may in efect be the same which was lately in use by the Statute 22 H. 8. 12. § 14. N. 1. Dalt 380. 381. cap. 124. 212. now repealed viz. Kilborns predicts 212. Kent ss John at Stile a sturdy Vagrant Begger of low personage red haired and having the Nale of his right thumb cloven was the sixth day of April in the second year of the Raign of our Soveraign Lord King James openly whipped at Dale in the said County for a wandring Rogue according to the Law and is Assigned to pass forthwith from Parish to Parish by the Officers thereof the next strait way to Sale in the County of Midlesex where as he confesseth he was born or dwelled last by one whole year c. If the case be such and he is limited to be at Sale aforesaid within ten days now next Ensuing at his peril Pasport CCCLXXXVI Lambert 204. 205. By the the occasion of this Testimonial or Pass I thought it serviceable to advertise that it is needful both in this and in all other testimonial Certificates safe Conducts and Pasports whatsoever to annote and specifie expresly some assured marks of the party as his Stature colour of hair complexion or if it may be some apparent scar or other note by which he may be infallibly distinguished and known from others lest as I have often found both himself take the benefit thereof and he also communicate the use of the same to others in abuse of him that made it Justices CCCLXXXVII Lambert 205. And by occasion also of this power given to one Justice for correction of Rogues I trust that I may without offence to any make publick use of those grave resolutions and advises that being in the hands of sundry men abroad are commonly ascribed to his Majesties Justices at Westminster and do tend much to the right Execution of this 1. Jac. 7. and the other Statute 39 Eliz. 4. concerning Rogues and the Poor which only of all our Laws have most Christianly and civilly given order in that behalf and are therefore with so much the more care and diligence to be put in ure amongst us as they will not only deliver us of the present burthen but also destroy the very brood of this unruly people Dalt 96. cap. 40. CCCLXXXVIII Lambert 205. § 1. A Rogue affirmeth that he was born in such a Town in such a County Lieu. then ought he to be sent thither if it may not otherways appear that he was born elsewhere and if he were not born there in truth then is he to be said an Incorrigible Rogue and is to be sent thence to the House of Correction in the County to which he is sent and if there be none there then to Goal until the next Sessions there to be dealt with according to the Statute Dal. 128. cap. 47. CCCLXXXIX Lambert 206. § 2. The same course is to be observed if it appear not where he was born Lieu. or if he untruly affirm that he was last dwelling in such a Town in such a County by the space of a year and was not CCCXC Lambert 206. § 3. If the Husband or Wife have a House Bar. Fem. and the Husband or Wife Rogue about they ought to be sent to the Town where that House is and so of an inmate Dalt 125. cap. 47. CCCXCI Lambert 206. § 4. The Wife and Children under seaven years of age being Vagrant must go and be placed with the Husband Bar. Fem. if the Husband be dead then with the Wife where she was born or dwelt and the Vagrant Children above seven years of age must be sent to the place of their birth and if the Vagrant Parents with their Children under seven years be placed at the place of birth of the Parents or at the place of last dwelling as the case shall fall out if afterwards the Parents or either of them die or runn away yet the Children once settled must remain there still and may not be sent to their place of birth tho after they grow above the age of seven years Dalt 96. 97. cap. 40. CCCXCII Lambert 206. § 5. The Wife being a Vagrant Rogue Bar. Fem. ought to be sent to the Husband tho he be but a Servant in another Town Dalt 98. cap. 40. 125. cap. 47. CCCXCIII Lambert 206. 207. The Rogue Bar. Fem. whose place of birth or dwelling cannot be known hath Wife and Children under seven years of age they must go with the Husband to the place where
Jesuit For a Jesuit and his Receivers Essex ss Inquiratur pro Domino Rege si E. C. nuper de S. in Com. predicto Clericus natus apud S. predict ' in Com. predict ' atque infra Annum jam proximè preteritum factus professus Jesuita per Autoritatem à Sede Romana derivatam proditoriè apud S. predict ' in Comitatu predict ' sexto die Julij Anno Regni dicti Domini nostri Jacobi Dei Gratia Angl. Franciae Hiberniae Regis Fidei Defensoris c. à partibus transmarinis applicuit dicto sexto die Julij Anno supradicto nonnullis aliis diebus tunc proximè sequentibus apud S. predict ' in Comitatu predict ' proditoriè moram fecit ac remansit contrà formam cujusdam Statuti in Parliamento Dominae Elizab ' nuper Reginae Angl. tento apud Westm in Com. Middlesex Anno Regni sui vicessimo septimo in hujusmodi casu provisi ac editi ac contra Pacem dicti Domini Regis Coronam Dignitatem suas Et si W. B. de S. predict ' in dicto Comitatu Mercator scienter voluntariè felonicè Postea scil sexto die dicti mensis Julij Anno supradicto predict ' E. C. apud S. predictam in Comitatu predictis receptavit comfortavit dicto W. R. ad tunc ibidem ad largum extra Prisonam existentem ac prefat ' E. C. hujusmodi Jesuitam esse tunc ibidem sciente cognoscente contrà formam Statuti predict ' ac contra Pacem Coronam Dignitatem dicti Domini Regis nostri West Symbol 2 part 132. Sect. 212. CXXXVIII Lamberts Precedents 2 b. pl. 5. Religion For saying and hearing of Mass Essex ss Juratores super Sacrament ' suum present ' pro Dom. Rege quod J.R. nuper de C. in Com. pred' Clericus octavo die Aprilis An. Regni dicti Dom. nostri Jacobi Dei Gratia Angl ' Franciae Hiberniae Regis Fidei Defensoris c. apud C. predict ' voluntariè dixit celebravit unam Missam contra formam cujusdam Statuti in Parliamento Dominae Eliz nuper Reginae Angliae tento apud Westm in Com. Middlesex Anno Regni sui vicessimo tertio in hoc casu provisi editi contra Pacem dicti Domini Regis Coronam Dignitatem suam West Symbol 2 part 114. Sect. 140. Et quod Maria B. de C. praedict ' in Comitatu predict ' vidua dicto octavo die Aprilis Anno supradicto apud C. predict ' in Com. predict ' interfuit presens tempore dictae celebrationis Missae predictae ac eandem Missam sic ut prefertur dictam ad tunc ibidem voluntariè audivit contrà formam Statuti predicti ac contra Pacem Coronam Dignitatem dicti Domini Regis nostri Dyer 203. pl. 72. Certificate CXXXIX Kilborns Precedents 92 a. Certificate for receiving the Sacrament and the Oath on 25 Car. 2. cap. 2. Kent ss We A. B. Minister of the Parish Church of C. in the County of D. and E. F. Church-wardens of the same Parish and Parish Church do hereby certifie That M. N. of O. in the County of P. Gent. upon the Lords day commonly called Sunday the Tenth day of June immediately after Divine Service and Sermon did in the Parish Church aforesaid receive the Sacrament of the Lords Supper according to the usage of the Church of England In witness whereof we have hereunto subscribed our Hands the Tenth day of c. A. B. Minister of the Parish and Parish Church of C. E. F. Churchwarden of the said Parish and Parish Church H. J. of K. in the County of K. Gent. and L. M. of c. do severally make Oath that they do know M. N. in the above-written Certificate named and who now present hath delivered the same into this Court. And do further severally make Oath That they did see the said M. N. receive the Sacrament of the Lords Supper in the Parish Church of C. c. in the said Certificate mentioned and upon the day and at the time in the said Certificate in that behalf certified and expressed and that they did see the Certificate above-written subscribed by the said A. B. Minister of the said Church and E. F. Church-warden there And further That the said H. J. and L. M. do say upon their respective Oaths that all other matters or things in the said Certificate recited mentioned or expressed are true as they verily believe Religion CXL Kilborns Precedents 93 A Certificate of receiving the Sacrament according to the Act 25 Car. 2. 2. Kent ss Memorandum That at the Quarter-Sessions for the said County holden at C. in the County aforesaid upon Tuesday the 22 of July in the Year of our Lord One thousand six hundred seventy three and from thence adjourned to M. in the said County and there holden by the same Adjournment upon Munday the 28th of July aforesaid R. W. of the Parish of M. in the County aforesaid Esq did upon the said 28th of July in the said Court of Quarter-Sessions there deliver into the said Court a Certificate under the Hands of J. P. Clerk Minister of the Parish and Parish Church aforesaid and J. M. Churchwarden of the same Parish and Parish Church by which they certified That the said R. W. upon the Lords day commonly called Sunday the 18th day of May in the said year of our Lord 1673. immediately after Divine Service and Sermon did in the Parish Church aforesaid receive the Sacrament of the Lords Supper according to the usage of the Church of England Religion CLXI Kilborns Precedents 94. A Testimonial upon the receiving the Sacrament according to the Act 25 Car. 2. 2. K. ss Memorandum also That at the time and place of the said Delivery of the said Certificate A. B. C. D. and E. F. did upon Enquiry made by the said Court then and there severally make Oath that they did know the said R. W. in the said Certificate named and that they were present and delivered the same into Court and that they did see the said R. W. receive the Sacrament of the Lords Supper at the time day and place and in the manner in the said Certificate certified And that they did see also the said Certificate subscribed by the said Minister and Church-warden and that the said R. W. did upon the 20th day of May then last past and for several years before Inhabit and then did inhabit in the above named Parish of H. and County of Kent CXLII Westm Symb. 2 part 114 b. § 141. An Indictment upon 1 Eliz. 2. against a Priest for saying Mass in the Vestry of a Church c. Crompt 259. pl. 89. tit Religion 16. CXLIII Practical Precedents c. 189. Apprentice An Indictment for keeping a Servant that goeth not to Church 3 Jac. 4. § 33. N. 1. Warwick ss Juratores pro Domino Rege super
Borshoulders of the Hundred of A. and to every of them Kent ss Forasmuch as it hath been duly proved before me that A. B. Keeper of his Majesties Goal at C. in the County aforesaid did upon the 10. day of June last past permit D.E. to go at large contrary to the Warrant of his Commitment made by vertue of an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles and contrary to the Act aforesaid These are therefore in his Majesties Name to Charge and Command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said A.B. Ten pounds by him forfeited for his said Offence and that you do pay the Moneys so levied to the Church-Wardens of the Parish of T. in the said County for the relief of the poor of the Parish Given under our Hands and Seals the day of c. 2. The like Mittimus Mutatis Mutandis if the Keeper of the House of Correction suffer the Offender to go at large Escape XLVIII Kilb. Precedents 82. 83. the like Mittimus for suffering one at large to Joyn with the Offender in the Exercise of Religion To the Constable c. Kent ss Forasmuch as it hath been duely proved before us that A. B. Keeper of his Majesties Goal at C. in the County aforesaid did upon the 10. day of June last past permit E. F. being then a Person at large to joyn with D. E. a Person Committed to his custody by vertue of an Act of Parliament lately made Intituled an Act to prevent and suppress Seditious Conventicles in the Exercise of Religion differing from the Rights of the Church of England contrary to the Act aforesaid These are therefore in his Majesties Name to charge and command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said A. B. Ten Pounds by him forfeited for his said Offence and that you do pay the Moneys so levied to the Church-Wardens of the Parish of T. the Parish where the Offender did last inhabit in the said County for the relief of the Poor of the said Parish Hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like Mutatis Mutandis against the Keeper of the House of Correction if he offend in the like Case Dignity XLIX Kilb. Precedents 83. 84. A Warrant to levy the forfeiture of a Peer on the first Conviction 22 Car. 2. To the Constable and Borshoulders of the Hundred of A. and to every of them Kent ss Forasmuch as T. Lord C. a Peer of this Realm was this present day according to the form of An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made of being present in the Parish of V. in the said County at an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England contrary to the Act aforesaid These are therefore in his Majesties Name to charge and command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said T. Lord C. Ten pounds for the Offence aforesaid and that you do pay the Moneys so levied to the Church-Wardens of the aforesaid Parish of V. for Relief of the Poor of the said Parish hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like for the second Conviction c. and the like for a Peers suffering a Conventicle the first and second conviction L. Kilb. Precedents 868. Imprisonment A Mittimus for a Nonconformist c. on 17 Car. 22. § 5. N. 1. To the Constable and Borshoulders of the Hundred of A. and to every of them and to the Keeper of his Majesties Goal for the said County at M. in the County aforesaid Kent ss Forasmuch as it hath been duly proved before us viz. two Justices c. that A. B. Parson Vicar Curate Lecturer or other Person in holy Orders Stipendary or other Person who hath been possessed of any Ecclesiastical or Spiritual promotion who hath not declared assent to the Common Prayer pro ut the Act of 14 Car. 2. or Preacher in Conventicle upon the 12. day of c. or c. was within five Miles of D. a City Town Corporate or Borrough that sends Burghesses to Parliament or of any Parish Town or place wherein he or they have since the Act of Oblivion been Parson Vicar Curate Stipendary or Lecturer or taken upon them to Preach in a Conventicle contrary to the form of the Statute in that Case made and provided Intituled an Act for restraining Nonconformists from inhabiting in Corporations These are therefore in his Majesties Name to will and require you to take the said A. B. and him convey to the Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep for six Months without Bail or Mainprise hereof fail not at your perils Given under our Hands and Seals c. LI. West symââ 2 part 101 b. 102. sect 95. Church An Indictment for absence from Church c. 1 Eliz. 2. § 14. N. 1. supra Essex ss Juratores pro Domino rege super Sacrament ' suum presentant ' quod cum in statuto in Parliament ' Dom ' Eliz. Dei Gratia c. Anno regni sui primo tent ' apud W. in Com. M. inter alia inactitat ' ordinat ' existit quod post Festum Sancti Johan ' Bapt ' Anno Regni Dictae Dominae Reginae omnis singula persona sive personae Inhabitant ' in hoc Regno Angliae aut aliquo alio Dominiorum dictae Dominae Reginae diligenter fideliter habentes nullam legalem seu rationabilem Excusationem abessendi adnitentur adire suam Parochialem Ecclesiam vel Capellam consuetam vel super rationabile impediment ' aliquem usitatum locum ubi communes precationes Divina servitia in Actu illo mentionat ' Celebrat ' fuerint tempore talis impediment ' quodlibet die Dominico alijs diebus ordinarijs usitatis observari ut Feestivis Diebus tunc ibidem manâre secundum ordinem sobriè durante tempore Precium communium Predecationum aut aliorum divinorum Servitiorum ibidem utend ' ministrand ' sub pena punitionis per censuras Ecclesiae etiam sub pena quod quilibet persona sic offendens forisfaciat pro qualibet tali offensa 12. denarios levand ' per Gardianos Ecclesiae parochialis ubi talis offensa foret fact ' ad usum pauperum Inhabitent ' ejusd ' parochiae de bonis terris tenementis offend ' per medum districtionum pro
bring with them both Judgment and Mercy mingled together And will not hang four for stealing a Wether Innuendo predictos Justiciar ' ad predict ' Sessionem Goalae deliberationem injuste Crudeliter abjudicasse mandasse quatuor Prisonarum de Prisona predict ' per collum suspend ' quousque c. pro furatione Angl ' for stealing unius Ovis ubi revera Justiciarij predict ' ad predict ' Sessionem Goalae predict ' deliberationem non adjudicaverunt nec mandaverunt quatuor Prisonarum de Prison ' predict ' per collum suspendi pro furatione unius Ovis contrà Pacem dicti Domini Regis Coronam Dignitatem suas necnon contrà formam Statut ' in hujusmodi Casu edit ' provisi Smoak-mony see Taxes Soap see Measures Merchants Souldiers see War Spinsters see Drapery Stabbing see Coron Star-Chamber see Riots Statutes see Parliament Stealing see Coron Stewards see Leet Justices Stock see Poor Account Taxes Stocks see Imprisonment Stoln Goods see Coron Chattels Strays see Coron Chattels Striking see Affray Strangers see Alien Submission see Pope Subornation see Proof Oath Subpena see Process Subsidy see Taxes Suggestion and Suits see Information and Action sur Stat. Supremacy see Pope Oath Summons see Process Sunday see Days Religion Supplicavit see Peace Supervisors see Poor Ways Supersedeas Release I. LAmbert 65. Yea by good Opinion 2 H. 7. 1. a Supersedeas of the Peace made by one Justice of the Peace under his Seal being brought into the Sessions is a sufficient Record to prove that there is a Recognizance of the Peace taken by the same Justice and it is Warrant enough to call the Party bound thereupon and if he makes default to Record the same infra II. Lambert 95 96 97 98 99. Hereupon also it hapneth often that such Persons as break the Peace chusing rather to be bound by any other Justice than by him that maketh the Warrant do offer themselves and do become bound before some other Justice and do withal procure a Supersedeas from him to be discharged of any other Arrest to be made upon them Crompt 138 b. pl. 9. 2. Yea and many times hearing of such Precepts for the Peace and misliking to be bound in the Country they go up to Westminster and give Surety of the Peace there either in B. R. for a time only as the manner of that Court is or in the Chancery for ever or for a time as they use it and do thereupon procure a Supersedeas from the Court where they are bound to close the hands of the Country Justices c. Dalt 168 cap. 69. 3. If therefore a Justice of Peace will by a Supersedeas Discharge a Precept for the Peace Awarded by his fellow Justice by vertue of his Office and not by force of a Supplicavit which is of a higher nature and cannot be so Avoyded then shall he do well to take the Recognizance after the self same sort in all points as the form of the Precept T it peace 24. doth require Crompt 138 b. pl. 9. 4. But this Supersedeas sent by a Justice of Peace is sufficient although it neither name the Sureties nor contain the Sums in which they are bound yet is it the better form to express them both as well because the higher Courts use so to do as also that if the Bayliff Constable or other Officer to whom it is delivered be called at the next Sessions by the Suit of him that sought to have the Peace to shew how he hath Executed his Warrant and do come in and shew forth the Supersedeas then the Party that is bound may be called thereupon at the day that he appeareth to be limited unto him by the Supersedeas for it is under the Seal of a Justice and doth testifie that the Party is bound and hath found Surety to appear at a certain day supra Dalt 168. pl. 69. And if he make default that being recorded shall be sufficient to cause him to forfeit the Penalty of the Recognizance although the Justice that Awarded it shall omit to bring in the Recognizance it self according as he ought now to do by the Statute 3 H. 7. § N. and this may be gathered upon the Opinion 2 H. 7. 1. and may also be seen by this form of the Supersedeas here under written Dalt 365. cap. 122. 5. W. S. Esquire one of the Justices of the Peace of our Soveraign Lord the King within the County of Kent to the Sheriff Bayliffs Constables Borshoulders and other the faithful Ministers and Subjects of our said Soveraign Lord within the said County and to every of them sendeth Greeting forasmuch as A. B. of c. Yeoman âath personally come before me at A. c. hath found âufficient Surety that is to say E. D. E. F. c. Yeomen either of the which hath undertaken for the said A. B. under the pâin of 20 l. and he the sâid A. B. hâth undertaken for himself under the pain of 40. l. that he the said A. B. shall well and trulâ keep the Peace towards our sââd Soveraign Lord and all his Liege People and specially towards G. H. c. Yeoman and also that he shall personally appear before the Justices of the Peace of our said Soveraign Lord within the sâid County at the next General Sessions of the Peace to be âolden at M. there Therefore on the behalf of our said Soveraign Lord I command you and every of you that ye utterly forbear and Surcease to Arrest take Imprison or otherwise by any means for the said occasion to molest the said A. B. and if you have for the said occasion and for none other taken or Imprisoned him that then you do cause him to be delivered and set at liberty without further delay Given at A. aforesaid under my Seal this last day of July c. Dalt 364. cap. 121. Crompt 2â6 pl. 15. 6. This Supersedeas may also be in the name of the King under the Teste of the Justice of Peace thus Charles the Second by the Grace of God c. to the Sheriff c. Greeting Forasmuch as A. B. hath come before T. F. Knight one of our Justices of Peace within our said County and hath found c. we therefore command you and every of you that ye forbear c. Witness the said T. F. c. 7. Thus much of the Supersedeas issuing from a Justice of the Peace the which ought to withold and stay the proceedings of his fellow Justice in the said câuse insomuch that if any Officer by any of their Warrants having tâis Supersedeas delivered unto him will nevertheless urge the Party to find new Surety for the Peace he may refuse to give it and if he be committed to Prison for such his refusal he may as I think have his Action of false Imprisonment against the Officer upon the same Dalt 168. cap. 69. 8. I read 21 Ed. 4. 40. that
be enacted by the said Authority § 1. N. 15. that by the discretion of the said Iustices and as they see need every of the said Master or Masters Principal or Principals Leader or Leaders and other the said Offenders so convict be bound to the Kings peace from thence forth in such Sums of mony as shall be considered by the said Iustices and the said Surety to stand by the discretion of the said Iustices Riot And if it be so § 1. N. 16. that if the said Riot and unlawful Assembly be commited with the number of forty persons or above or with less number than forty and that by discretion of the Iustices it be thought heinous that then if the said Master or Masters Principal or Principals Leader or Leaders that have appeared and so thereof be convict that then they remain in Prison unto the time that they have found sufficient Surety to appear before the King and his Council at a certain day by the said Iustices to be limited Records At the which day or afore § 1. N. 17. the Keeper of the Gaol Rolls of the said Records shall do to be sent under his Seal the said whole Record of the convictiton to the King our Sovereign Lord and his Council to the intent that his Highness and his Council may award such Imprisonment and Fines of the said Master or Masters Principal or Principals Leader or Leaders as by his Highness and his said Council shall be thought convenient Damages And if the Party Complainant § 1. N. 18. as is aforesaid cannot prove the matter of his said Bill to be true then he to pay reasonable costs and damages of the Partie vexed as shall be thought reasonable by the discretion of the same Iustices and they to make against the same Complainant not proving the matter of his said Bill to be true such Process against him for the said Costs and damages as is afore limited against the said Rioters convict of the said Riot for the payment of their said Fines Imprisonment And if the said Complainant or Complainants have not sufficient whereof to restore the party and parties so vexed and troubled in form aforesaid § 1. N. 19. that then he immediately be committed to the common Goal by the said Iustices there to remain the space and time as shall be thought by the said Iustices convenient and reasonable Continuance And that this Act indure but unto the next Parliament § 1. N. 20. 1 Mar. 1. St 2. Cap 12. and 19 H. 7. Cap. 13 § 1. N. 4 1 Eliz. Cap. 16. Sheriffs And over that the Iustices of Peace in the same Counties C. 15. § 1. N. 10. and every of them shall have Authority upon complaint made by the Party so unlawfully grieved viz. by several Plaints in Sheriffs Courts in names of Persons unknown or never summon'd c. to examine the said Sheriffs Vnder-Sheriffs or their Clerks and Plaintiffs Process And if the said Iustices of Peace or one of them find by their examination default in the said Sheriffs Vnder-Sheriffs § 1. N. 11. or their Clerks in entring of the said Plaints deceitfully for his or their advantage as is before rehearsed contrary to this present Act that then the said Sheriffs Vnder-Sheriffs and their Clerks shall be convict and attaint of the same offence without further inquiry or examination Justices And the said Iustices of Peace that so shall take the Examination §. 1 N. 13. shall certifie the same Examination within a quarter of a year into the Kings Exchequer upon pain of 40 s. Sheriffs And viz. The Bailiffs of Hundreds for default in Summons § 1. N. 16. c. to be attaint and convict thereof by the Examination of the Iustices of Peace or any of them as before is rehearsed § 1. N. 17. And that the same Sheriffs Vnder-Sheriffs Amercement their Clerks and their Deputies for the time being shall make no Estreats to levye the said Sheriffs Amerciaments until such time that two Iustices of Peace whereof one shall be of the Quorum have had the veiw and oversight of their Books § 1. N. 18. And that the Estreats be indented betwixt the said Iustices of Peace Records and the said Sheriffs and Vnder-Sheriffs and sealed with their Seals the one part to remain with the said Iustices and the other part with the said Sheriffs or Vnder-Sheriffs to the intent they may understand if any deceit be or untrue demeaning in them in making of their Books § 1. N. 19. And that these Persons which shall gather the same Amercements as Bailiffs or other Officers be sworn by the said Iustices Officer that they take no more mony than is forfeited and contained in the Estreats sealed with the Seals of the said Iustices of Peace upon the same pain of forfeiture as before is rehearsed viz. 40 s. thereof the same gatherers to be convict by Examination of the same Iustices of Peace or one of them as before is rehearsed § 1. N. 20. Provided alway that the said Iustices of Peace shall be appointed and named at the general Sessions after the Feast of St. Michael the Arch-Angel by him that is Custos Rotulorum of the said Counties Justices or else by the eldest of the Quorum in his absence to have the over-sight and controulment of the said Sheriffs Vnder-Sheriffs and their Clerks and other of the said Officers and of the said Sheriffs Amercements § 1. N. 21. And the said Iustices of Peace Informant upon Suggestion or Information of the Party so grieved shall make like Process as in action of Trespass against the said Sheriffs Vnder-Sheriffs or their Clerks and other the aforesaid Officers misdealing as before is rehearsed for to appear before them to answer to the said Suggestion or Information C. 17. § 2. N. 4. And that the Iustices of Peace have authority by this present Act to hear and determine such matters viz. Of taking Eggs Hawks Swans Fowl c. as well by Inquisition as Information and proofs § 2. N. 10. Viz. None to take Hawks in their Warren c. Vpon pain of ten pounds Forest one half to the Party that will sue for the same by Action of Debt by Examination before the Iustices of the Peace Information or otherwise c. 19 H. 7. Ca. 5. § 1. N. 6. And if the said Mayor Sheriffs Bailiffs Constables Mony or other chief Officer or Governor refuse to take any such Coyn viz. Having the print of the Kings Coyn in payment as it is above rehearsed that then he so refusing the said payment to be compelled by the Iustice of Peace of the same County where such payment shall be so refused to accept and take the said payment and he so refusing the same to be further punished for the said refusing by the
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. â 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
whereof § 2. N. 1. be it ordained and Enacted by Authority of this present Parliament that if any person or persons of what estate or degree soever he or they be at any time after the first day of April next coming falsly and deceitfully obtain and get into his or their hands or possession any Mony Goods Cattel Iewels or other things of any other Person or Persons by colour and means of any such false token or counterfeit Letter made in any other mans name as is aforesaid that then every such Person and Persons so offending and being thereof lawfully convict by Witnesses taken before the Lord Chancellor of England for the time being or by Examination of Witnesses or Confession taken in the Star-Chamber at Westminster before the Kings most honourable Council or before the Iustices of Assize in their Circuits for the time being or before the Iustices of Peace within any part of the Kings Dominions in their general Sessions or by Action in any of the Kings Courts of Record Imprisonment Shall have and suffer such Correction and punishment by Imprisonment of his Body sitting upon the Pillory or otherwise § 2. N. 2. by any Corporal Pain except pains of death as shall be unto him or them limited adjudged or appointed by the Person or Persons before whom he shall be so convict of the said Offences or any of them Process And be it further Enacted by the Authority aforesaid § 3. N. 1. that as well the Iustices of Assize for the time being as also two Iustices of the Peace in every County whereof the one to be of the Quorum shall have free Power and Authority to call and convent by Process or otherwise to the said Assizes or general Sessions any person or persons being suspected of any of the Offences aforesaid and to commit him or them to Ward or let him or them to Bail till the next Assizes or general Sessions there to be examined and further to be ordered by their discretions as is abovesaid § 4. N. 1. Provided always and be it further Enacted by the Authority aforesaid Franchises that Iustices of Peace within every City Borough Town and Franchise within this Realm or other the Kings Dominions shall have like Iurisdiction Power and Authority at their general Sessions and otherwise to do and execute all and every thing and things in all points as other Iustices of Assizes in their Circuits or Iustices of the Peace in the Counties by Virtue of this Act be limited and appointed to do and execute for the Punishment and Correction of like Offenders as by this foresaid Act is specified and declared § 4. N. 2. Saving to the Party greived by such deceit Collusion such Remedy by way of Action or otherwise of and for the same Mony Goods Cattels Iewels or other things so obtained as he might have had if this Act had never been had ne made anything in the same contained to the contrary in any-wise notwithstanding § 5. N. 1. Provided alwayes France and be it further Enacted by the Authority aforesaid that the Kings Highness Council of his Town of Calice or three of them for the time being shall have such and like Authority for the Examination Bailment and Punishment of such Offender or Offenders and for such Offences hereafter to be committed and done within the Town and Marches of Calice and County of Guiânes as the aforesaid Iustices of Assize or Iustices of Peace have by force of this Act whithin their Iurisdictions and Authorities C. â § 16. N. 2. And that the same Iustices of Peace Games viz. before whom any is brought for using Cross-bow Hand-gun Hagbut or Demyhake not measure c. upon a due Examination and Proof thereof before him had or made by his disretien shall have full Power and Authority to send or commit the same Offender or Offenders to the next Goal there to remain till such time as the said Penalty or Forfeiture Viz. of 10 l. shall be truly contented and paid by the same Offender § 19. N. 1 And be it further Enacted Justices c. that it shall be lawful to all Iustices of Peace in their Sessions c. to inquire hear and determine every such Offence c. committed and done contrary to the tenor of this present Act. C. 9. § 10. N. 3 And that Iustices of Assize of Goal-delivery Iustices of Peace Games and Stewards of Franchises Leets and Law-days have Power to inquire of all the Premises viz. of Archery in their Sessions Leets and Law-days and hear and determine the same and also by their discretion examin all persons lacking and not having Bows Shafts and Arrows according to the form aforesaid § 14. N. 1. Be it further Enacted Process c. that it shall be lawful to all and every the Iustices of Peace in every Shire Mayors Sheriffs Bailiffs and other head-Officers within every City Town and Borough within this Realm from time to time as well within liberties as without as Need and Case shall require to come enter and resort into all and every Houses Places and Alleys where such Games viz. Bowling Coyting Cloysh Cayls half-Bowl Tennis Dicing Table or Carding or any unlawful now Game hereafter to be invented c. shall be suspected to be holden exercised used or occupyed contrary to the form of this Statute § 14. N. 2. And as well the Keepers of the same as also the persons there haunting Imprisonment resorting and playing to take arrest and imprison and them so taken and arrested to keep in Prison unto such time as the Keepers and Maintainers of the said Plays and Games have found Sureties to the Kings use to be bound by Recognizance or otherwise no longer to use keep or occupy any such House Play Game Alley or Place § 14. N. 3. And also that the persons there so found be in likewise bound by themselves or else with Sureties by the discretion of the Iustices Mayors Recognizance Sheriffs c. no more to play haunt or exercise from thenceforth in at or to any of the said places or at any of the said games Parliament Forasmuch as before this time divers and sundry good Laws Statutes Cap 10. Provisions and Ordinances have been made by the Kins Majesty our Natural Soveraign Lord and other his most Noble Progenitors for the Increase and Advancement of the Publick and Common-Wealth of this Realm of England and of his Highness Subjects of the same amongst which some special notable and profitable Laws Statutes Ordinances and Provisions be very requisite convenient and expedient for the same Common-wealth duly and diligently to be put in daily Exercise and Execution Process And such as have been and be Authorised to put in due and just Execution such special and notable Laws Statutes and Ordinances § 1. N. 2. and to correct and
to the intent that the Sheriff shall there answer the same to the Kings use § 3. N. 1. Provided always and be it Enacted by Authority aforesaid Fees that every of the said Iustices of Peace shall have for holding of every of their said Sessions as is aforesaid 4 s. for their Costs § 3. N. 2. And the Clerk of the Sessions by them to be appointed for the making and writing of the Process and Extracts of the Sessions Offices for every Sessions 2 s. to be paid by the hands of the Sheriff of the Kings part and Portion of the Pains Losses and Forfeitures and of the Issues Fines and Amercements aforesaid § 4. N. 1. Provided always that Iustices of Peace in Cities Corporat Boroughs and Towns Corporate not being Shires or Counties of themselves shall assemble once in the year with the Iustices of Peace of the Shire where such Cities Boroughs or Towns Corporate be and shall be limited to execute this Act within the City Borough or Town Corporate where they shall be Iustices of Peace and not elsewhere Indictment Provided also that no Information or Presentment § 5. N. 1. shall be had or taken by the said Iustices of Peace so divided by Authority of this Act but for such Offences Defaults or Contempts as be or shall be done within the limits of their Division Justices And be it further Enacted by Authority aforesaid § 6. N. 1. that the said Iustices of Peace so divided or two of them within the limits of their Division shall have full Power and Authority to examin inquire hear and determin by Information and Tryal as is aforesaid all Defaults and Contempts which after the Feast of the Nativity of our Lord next coming shall be done or committed by any Servants commonly called Yeomen or Grooms Husbandmen Labourers and Artificers or any of them against the tenor form and effect of the Statutes and Laws made for excessive Apparel and to correct and punish the Offenders therein being thereof Convict afore them as is aforesaid according to such Pains Forfeitures and Punishments as is limited by the said Laws and Statutes of Apparrel to be levyed paid and certifyed as is aforesaid Wales And it is further Enacted by the Authority aforesaid § 7. N. 1. that as well the Iustices of Assize as the Iustices of Chester and the Kings Iustices of North-Wales and South-Wales in all and singular their Circuits shall have full Authority and Power by the force of this present Act to inquire as well by Information as by Presentment before them of the Defaults Contempts Omissions Negligences Favours Affections Corruptions and other things whatsoever they shall be of all and singular the said Iustices of Peace which shall not diligently truly and duly see put and cause the said good Laws and Statutes Ordinances and Provisions to be put in due Exercise and perfect Execution according to the effects as well of the said Statutes heretofore made as of this present Act and to hear examin and determin the same as is aforesaid Amercement And to assess such Fines upon the said Iustices of Peace § 7. N. 2. and upon every of them being Convict of any Defaults Negligences and Offences as is aforesaid as to their discretion shall be thought expedient for the Quality and Quantity of their Offences Officers And be it Enacted by the Authority aforesaid that all Sheriffs § 8. N. 1. Bayliffs Constables Head-Boroughs and all and singular other Officers and Ministers whatsoever as well within Liberty as without shall be attendant aiding and assisting to all and singular the said Iustices of Peace in and for the due Execution of this Act upon Pain to make such Fines as by the said Iustices of Peace or two of them shall be assessed to the Kings use by their discretions Justices Provided always § 9. N. 1. that this Statute shall not bind any Iustice of Peace or of Quorum to assemble or execute any thing in this Act or in any other Shire City Borough or place then in such Shire City Borough or place where he shall be resident and dwelling at that time when such Assembly shall be made by vertue of this Act Appearance Provided also § 10. N. 1. that such Lords and others which being Iustices of Peace or Quorum be or shall be of the Kings Privy Council attendant upon his Royal Person or any Principal Officer of his Highness House attendant upon his Office and other which shall happen to be appointed in his Highness Service by his Majesties Commandment shall not be compelled to assemble with the Iustices of Peace or Quorum in any Shire City or Borough or otherwise bounden to do or exercise by Authority of this Act than they be bound to do afore the making of this Act any thing or things contained in this Act to the contrary notwithstanding Prerog Provided also that the Iustices of either Bench § 11. N. 1. Barons of the Kings Exchequer the Kings Attorny and Solicitor and all other Iustices Officers and Ministers being bound to attend at the Terms shall not during their such attendance be compelled to hold or keep any Sessions in the limits divided to them upon the Assembly of the Iustices of Peace as is aforesaid Days And to the intent that the said Iustices Barons § 12. N. 1. and all other Officers and Ministers aforesaid may the better be once in the year at every Assembly aforesaid it is therefore Ordained by Authority of this Act that the Quarter Sessions holden after Easter shall be yearly kept upon the Tuesday next after Low-Sunday in every Shire of this Realm Wales and other the Kings Dominions § 13. N. 1. Provided always Franchise that this Act or any thing therein contained shall not in any wise extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge nor to any Town-Corporate or Liberty within either of the said Counties Palatine having Iustices of Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said Counties Palatine or either of them or within any Town-Corporate situate and being within either of the said Counties Palatine § 13. N. 2. But that the same Issues Fines Forfeitures Amercements Amercements and Penalties and every of them may be assessed taxed extracted returned certifyed and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted returned certifyed and levyed at any time before the making of this Act or should be assessed taxed extracted returned certifyed and levyed if this Act had never béen
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
number of evil disposed persons did come and joyn themselves to the said small number whereby the same evil disposed persons took upon them such boldness that they would not be reduced to obedience without much blood shedding to the great danger of the Kings Majesties person where if the Kings loving Subjects durst have taken upon them to have suppressed them at the beginning such inconvenience of blood-shed should not have followed 1 Mar. 1. St 2. Cap. 12. § 7. N. 1. § 8. N. 2. Therefore it is also Ordained and Enacted by the Authority aforesaid Justices that if any persons above the number of two that at any time after the said twelfth day of February shall be unlawfully and of their own authority assembled together to the intent with force of Arms to do practice or put in ure any of the things above mentioned that then it shall be lawful to every Iustice of Peace and to every Sheriff in any County being within the Kings Dominions and to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate for the time he shall be in Office or any other person or persons having the Kings Commission or Letters from his Highness or his Privy Council as well to raise and assemble the Kings loving Subjects in manner of War to be arrayed in such great number as he or they then shall think meet or able to the intent by Violence and Strength to suppress apprehend and take the said persons that so shall be unlawfully assembled 1 Mar. 1. St. 2. Cap. 12. § 7. N. 2. § 8. N. 3. And that if the said persons so unlawfully assembled Process after such Commandment or Request by Proclamation or otherwise made shall continue together and not endeavour themselves to return towards their Habitations Houses or Places from whence they came in such short time as they may conveniently that then it shall be lawful to every Iustice of Peace Sheriff and also to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate and to every other Person having Authority as aforesaid after such Commandment or Request by Proclamation made and to such persons as shall be assembled with any Iustice of Peace or Sheriff or with any Mayor Bailiff or other Head-Officer of any City or Town Corporate and with every other person having Authority as is aforesaid to suppress apprehend and take those persons so unlawfully assembled which after such Request made shall continue together and not endeavour themselves to return towards their Habitations or Places from whence they came 1 Mar. 1. St. 2. Cap. 12. § 7. N. 3. Coron And that if the said persons so unlawfully assembled together or any of them shall fortune to be killed slain maimed or hurt § 8. N. 4. in or about the suppressing or taking of them that then every such Iustice of Peace Sheriff Mayor Bailiff and other Head-Officer and every other person having Authority as is aforesaid and all and singular persons by him or them assembled shall be free discharged and unpunishable as well against the King as against all and every other person and persons of for or concerning the killing slaying maiming and hurting of any person or persons so unlawfully assembled that shall fortune to be killed slain maimed or hurt about or by occasion of suppressing or taking of them 1 Mar. 1. St. 2. Cap. 12. § 7. N. 4. Copy-holder And furthermore be it Enacted by the Authority aforesaid § 9. N. 1. that all and every Copy-holder or Customary-Holder being Artificer Husband-man or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in that behalf they declaring their said Authority or being required by the immediate Lord or Lords of whom such Copy-holds or Customary holds then shall be holden to serve the Kings Majesty for any the causes above rehearsed and refuse so to do shall only during the Life of such person or persons so refusing forfeit and lose to his or their Lord or Lords of whom such Copy or Customary-holds then shall be immediately holden and should be holden during the Life of such person or persons so refusing in Case he or they had not so refused all their Copy-holds and Customary-holds 1 Mar. 1. St. 2. Cap. 12. § 8. N. 1. Seisure And that it shall be lawful to every such Lord or Lords § 9. N. 2. their Heirs or Assigns of whom such Copy-holds or Customary-holds shall be immediately holden and should have béen holden in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Copy-holds and Customary-holds so holden of them or any of them immediately and to retain the same during only the Life of every such Offender or Offenders in such manner and form as he or they should have had the Rents or Services of such Copy-hold or Customary-hold in Case such person or persons so refusing had not refused 1 Mar. 1. St. 2. Cap. 12. § 8. N. 2. âorfeiture And that all and every Farmer being a Yeoman Husbandman § 9. N. 3. Artificer or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in this behalf they declaring their said Authority or being required by their Land-Lord or Land-Lords for the time being to whom the Rents of such Farms shall be then rising coming or growing to serve the Kings Majesty for any the Causes above rehearsed and refuse so to do shall during only the Life of such Farmer or Farmers so refusing forfeit and lose to such Land-Lord and Land-Lords as should have had the Rents of such Farmers during the Life and Lives of such person or persons so refusing all their said Farms 1 Mar. 1. St. 2. Cap. 12. § 9. N. 1. Entrie And that it shall be lawful to every such Land-Lord and Land-Lords § 9. N. 4. their Heirs and Assigns to whom the Rents of such Farms should have been due during the Life of such person or persons so refusing in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Farms and to retein the same during only the Life of every such Offender or Offenders 1 Mar. 1. St. 2. Cap. 12. § 9. N. 2.
and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same that from and after the first day of April next coming no Iustice or Iustices of Peace shall let to Bail or Mainprize any such person or persons which for any Offence or Offences by them or any of them committed be declared not to be Replevised or Bailed or be forbidden to be replevised or Bailed by the Statute of Westminster 1 c. viz. 3 Ed. 1. Cap. 15. Coron And furthermore that any person or persons Arrested for Manslaughter or Felony § 3 N. 1 or Suspition of Manslaughter or Felony being Bailable by the Law shall not after the first day of April be let to Bail or Mainprize by any Iustices of Peace if it be not in open Sessions except it be by two Iustices of Peace at the least whereof one to be of the Quorum and the same Iustices to be present together at the time of the said Bailment or Mainprize § 3. N. 2. Which Bailment or Mainprize they shall certify in Writing Certificate subscribed or signed with their own Hands at the next general Goal-delivery to be holden within the County where the said person or persons shall be arrested or suspected § 4. N. 1. And that the said Iustices or one of them being of the Quorum Proof when any such Prisoner is brought before them for any Manslaughter or Felony before any Bailment or Mainprize shall take the Examination of the said Prisoner and Information of them that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to proove the Felony shall put in Writing before they make the same Bailment 2 3 Ph. Mar. Cap. 10. § 4. N. 2. Which said Examination together with the said Bailment Certificate the said Iustices shall certify at the next general Goal-delivery to be holden within the limits of their Commission 2 3 Ph. Mar. Cap. 10. § 1. N. 2. § 5. N. 1. And that every Coroner upon any Inquisition before him found whereby any person or persons shall be Indicted for Murder or Manslaughter Inquest or as Accessary or Accessaries to the same before the Murder or Manslaughter committed shall put in Writing the effect of the Evidence given to the Iury before him being material § 5. N. 2. And as well the said Iustices as the said Coroner Recognizance shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to proove the said Murder or Manslaughter Offences or Felonies or to be Accessary or Accessaries to the same as is aforesaid to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal thereof shall be then and there to give Evidence against the Party so Indicted at the time of his Tryal 2 3 Ph. Mar. Cap. 10. § 2. N. 4. § 5. N. 3. And shall certify as well the same Evidence Certificate as such Bond or Bonds in Writing as he shall take together with the Inquisition or Indictment before him taken and found at or before the time of his said Tryal thereof to be had or made 2 3 Ph. Mar. Cap. 10. § 2. N. 5. § 5. N. 4 And likewise the said Iustices shall certify all and every such Bond taken before them Bail in like manner as before is said of Bailment and Examination § 5. N. 5. And in Case any Iustice of Peace of Quorum or Coroner Justices shall after the first day of April offend in any thing contrary to the true intent and meaning of this present Act that then the Iustices of Goal-delivery of the Shire City Town or Place where such Offence shall happen to be committed upon due Proof thereof by Examination before them shall for every such Offence set such Fine on every of the same Iustices of Peace and Coroner as the same Iustices of Goal-delivery shall think meet and estreat the same as other Fines and Amercements assessed before Iustices of Goal-delivery ought to be § 6. N. 1. Provided always Coporation and be it further Enacted by the Authority aforesaid that Iustices of Peace and Coroners within the City of London and the County of Middlesex and in other Cities Boroughs and Towns-Corporate within this Realm and Wales shall within their several Iurisdictions have Authority to let to Bail Felons and Prisoners in such manner and form as they have been heretofore accustomed this Act or any thing therin contained to the contrary notwithstanding § 6. N. 2. And also shall take Examinations and Bonds as is aforesaid Proof upon every Bailment by them or any of them to be made § 6. N. 3. And shall certify every such Bailments Certificate Bonds and Examinations by them or any of them taken or made at the next Goal-delivery to be holden within the Shire City Borough or Town where their several Iurisdictions extendeth upon like Pain and Forfeiture as is before limited in this present Act. § 7. N. 1 And be it also Enacted Certirorari c. that no Writs of Habeas Corpus or Certiorari shall be hereafter granted to remove any Prisoner out of any Goal or to remove any Recognizance except the same Writs be signed with the proper hands of the Chief Iustices or in his absense one of the Iustices of the Court out of which the same Writs shall be awarded or made Officer Vpon Pain § 7. N. 2. that he that writeth any such Writs not being signed as is aforesaid to forfeit to our Soveraign Lord the King and the Queen for every such Writs five pounds Riot Be it therefore Enacted c. viz. because good and beneficial that all C. 16. N. 15. c the several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12. c. of Riots and all Clauses c. shall be revived c. until the last day of the next Parliament 2 3 Ph. Mar Cap. 21. § 10. N. 2. Husbandry The one half of which said Forfeitures viz. twenty shillings a month 2 3 Ph. Mar. Cap. 3. § 3 N. 2â that one Cow is not kept for every threescore Shere-sheep and one Calf for every six score shall be to the use of c. the King and Queens Majesties and the other half to the use of the Party that within one year after the Offence committed will sue for the same in any c. Courts of Record or before the Iustices of Peace in the same Shire where any such Cause of Forfeiture shall be had at the general Sessions who by Authority of this Act shall have Power to hear and determine the said Offences by Bill Information Presentment Action of Debt or Detinue in which Action or Suit no
to punish the Offender by Fine not exceeding one Hundred pounds and the Offender is to remain in Prison till he be discharged by order of the Exchequer both of the Fine and of the Imprisonment or discover the Person that set him on work to the End he may be legally proceeded against Merchants And further that in Case any Carman Porter Waterman or other Person § 7. N. 3. c. shall assist in the taking up or Landing Shiping off or carrying away any such Goods Wares or Merchandize viz. not Landed in the presence of an Officer of the Customes c. that then such Carman Porter Waterman or other person or persons so offending being apprehended by Warrant of any Iustice of the Peace for that County City or Borough which the said Iustices and every of them are hereby Authorized to Issue and to Examine Witnesses upon Oath concerning that fact and the same being proved by the Oath of two Witnesses the said Offender for such first Offence shall and may by such Iustice of the Peace be committed to the next Goal there to remain till he and they find sufficient Surety to be of the good Behaviour for so long time until he and they shall be thereof discharged by the Lord Treasurer Chancellor under Treasurer and Barons of the Exchequer Imprisonment And in Case he or they viz. Carmen Porters or Watermen c. so Convicted shall afterwards at any time Offend in like kind N. 4. viz. taking up Goods landed without presence of Customer c. that then he and they shall and may by any Iustice of Peace as aforesaid be committed to the next Goal there to remain for the space of two months without Bail or Mainprise or until he shall pay unto the Sheriff of that County the Sum of five pounds to the use of his Majesty or until he shall by the Lord Treasurer Chancellor under Treasurer or Court of Exchequer be thence discharged Poor Be it therefore Enacted C. 12. § 1. N. 4. c. That it shall and may be lawful upon complaint made by the Church-wardens or Overséers of the Poor of any Parish to any Iustice of Peace within forty dayes after any such person c. viz. Vagrant coming so to settle as aforesaid in any Tenement under the yearly value of ten pounds for any two Iustices of the Peace whereof one to be of the Quorum of the Division where any such person c. that are likely to be chargeable to the Parish shall come to Inhabit by their Warrant to remove and convey such person or persons to such Parish where he or they were last legally settled either as a Native Householder Sojourner Apprentice or Servant for the space of forty dayes at the least unless he or they give sufficient Security for the discharge of the said Parish to be allowed by the said Iustices Error Provided alwayes that all such persons who think themselves agrieved by any such Iudgment of the said two Iustices § 2. N. 1. may appeal to the Iustices of the Peace of the said County at their next Quarter Sessions who are hereby required to do them Iustice according to the merits of their Cause Husbandry And in such Case viz. of Harvest work c. if the person § 3. N. 2. c. shall not return to the place aforesaid viz. of last abode or shall fall sick or impotent whilest he or they are in the said work it shall not be accounted a settlement c. but that it shall and may be lawful for two Iustices of the Peace to convey the said person c. to the place of his or their Habitation c. under the pains and penalties in this Act prescribed Poor And if such person c. shall refuse to go N. 3. or shall not remain in such Parish where they ought to be settled c. but shall return of his own accord to the Parish from whence he was removed It shall and may be lawful for any Iustice of the Peace of the City County or Town Corporate where the said Offence shall be Committed to send such person c. to the House of Correction there to be punished as a Vagabond or to a publick work-house in this present Act hereafter mentioned there to be Imployed in Work or Labour N. 4. And if the Church-wardens and Overséers of the Poor of the Parish Justices to which he or they shall be removed refuse to receive such person c. and to the provide work for them as other Inhabitants of the Parish any Iustice of the Peace of that Division may and shall thereupon bind any such Officer c. to the Assizes or Sessions there to be Indicted for his or their contempt in that behalf § 5. N. 1. And for the said places within the Weekly Bills of Mortality in the said Counties of Middlesex and Surrey respectively Corporation there shall be elected and chosen by the major part of the Iustices of the Peace for the said Counties in their respective Quarter Sessions Assembled out of the most able and honest Inhabitants and Fréeholders of every of the said Counties of Middlesex and Surrey respectively a President a Deputy President a Treasurer and Assistants for the Corporation c. or Work-houses c. and that upon the vacancy by death or otherwise c. the power to Elect others in their Rooms be in the major part of the respective Iustices of Peace who in their General Quarter-Sessions from time to time shall accordingly supply such vacant places N. 2. And that at every Quarter-Sessions Account they shall require and take an Account in Writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation c. or Work-houses how and how many poor People have been Imployed and set to work in the year last past and what stock there was and is remaining § 6. N. 2. And it shall and may be lawful for the major part of the Iustices of Peace in their Quarter-Sessions Justices to signifie unto His Majesties Privy Council the Names of such Rogues Vagabonds Idle and Disorderly persons and sturdy Beggers as they shall think fit to be Transported to the English Plantations N. 3. And upon the Approbation of His Majesties Privy Council to the said Iustices of Peace signified what persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the End of this present Sessions of Parliament to any of the English Plantations beyond the Seas there to be disposed of in the usual way of Servants for a term not excéeding seven years § 7. N. 3. With which Tax viz. made by Justices of Liberty or County for stock for the Poor if
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 puâative 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
such Offender to the Goal or House of Correction there to remain without Bail or Mainprise until the next General Quarter-Sessions Assizes Goal delivery great Sessions or sitting of any Commissioner of Oyer and Terminer in the respective County Limit Division or Liberty which shall first happen Indictment When and where every such Offender shall be procéeded against by Indictment c. and shall forthwith be Arraigned N. 2. c. Process And if such c. shall be lawfully Convicted c. either by Confession or Verdict or if such Offender shall refuse to plead the General Issue N. 3. then the respective Iustices of the Peace at their General Quarter-Sessions c. are hereby enabled and required to cause Iudgment to be Entred c. that such Offender shall be Transported beyond the Seas to any of his Majesties Forreign Plantations Virginia and new-England only excepted there to remain seven years Ouster le nere And shall forthwith under their Hands and Seals make out Warrants to the Sheriff N. 4. c. of the same County where such Conviction or refusal to plead or to confess as aforesaid shall be safely to Convey such Offender to some Port or Haven nearest or most Commodious to be appointed by them respectively and from thence to Imbark such Offender to be safely Transported c. Process And the said respective Court shall then also make out Warrants to the several Constables N. 6. Headboroughs or Tythingmen of the respective places where the Estate real or personal of such c. shall happen to be Commanding them thereby to sequester c. the profits of the Lands and distrain and fell all the Goods of the Offender c. for the reimbursing of the said Sheriff all such reasonable Charges as he shall be at and shall be allowed him by the said respective Court Forfeiture Provided alwayes and be it further Enacted That in case the Offender § 7. N. 1. c. shall pay into the hands of the Register or Clerk of the Court or Sessions where he shall be Convicted before the said Court or Sessions shall be ended the Sum of one Hundred pounds that then the said Offender shall be discharged from Imprisonment and Transportation and the Iudgment for the same Certificate Be it further Enacted That the Lieutenants § 10. N. 2. c. and also the Sheriffs and Iustices of the Peace c. or any of them joyntly or severally c. with such other Assistance as they shall think meet or can get in readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Iustice of the Peace c. of his particular Information and Knowledge of such unlawful Méetings or Conventicles held c. and that he with such Assistance as he can get together is not able to supprese or dissolve the same shall and may c. repair unto the place where they are so held c. and by the best means they can to dissolve and dissipate or prevent all such unlawful Méetings and take into their Custody such of those Persons so unlawfully Assembled as they shall judge to be the readers and seducers of the rest c. Force Provided also and be it Enacted c. That the Iustices of the Peace § 15. N. 1. c. shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial enter into any House or other place where they shall be Informed any such Conventicle c. is or shall be held § 16. N. 1. Provided That no dwelling House of any Péer Priviledge c. whilest he or his Wife shall be there resident shall be searched c. but by Immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one of the Deputy Lieutenants or two Iustices of the Peace whereof one to be of the Quorum of the same County c. N. 2. Nor shall any other dwelling House of any Peer or other Person whatsoever be entred into with force Justices c. but in presence of one Iustice of the Peace c. except in London c. § 17. N. 1. Provided also and be it Enacted Imprisonment c. That no Person shall by vertue of this Act be Committed to the House of Correction that shall satisfie the said Iustices of the Peace c. that he or she or in Case of a Feme Covert that her Husband hath an Estate of Frée-hold or Copy-hold to the value of Five pounds per Annum or personal Estate to the value of Fifty pounds 16 17 Car. 22. § 1 N. 4. Viz. Coals to be xxxvi Bushels Guildhal Measure Measures or cxii l. Aver du Pois weight c. upon pain of Forfeiture of all the Coals which shall be otherwise Sold or exposed to Sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any c. in any Court of Record or by way of Complaint made unto the Lord Mayor of London for the time being and the Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to Sale or any of them who are hereby Impowred and required to call the Parties before them and to hear and Examine such Complaint upon Oath which by vertue of this Act is to be Administred by them or any two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly N. 6. And the said Lord Mayor of London and the Court of Aldermen for the time being and the Iustices of Peace of the several Counties respectively Fuel or any thrée or more of them whereof one to be of the Quorum are hereby Impowred to set the Rates and Prices of all such Coals as shall be sold by Retail as they from time to time shall Iudge reasonable allowing a Competent profit to the said Retailer beyond the Price paid by him to the Importer and the ordinary Charges thereupon accrewing § 2. N. 2. And in Case of refusal viz. by Woodmonger c. to sell at Prices set Process the Officer appointed by the Lord Mayor or by the Justices to enter c. taking a Constable to force entrance and the said Coals to Sell or cause to be Sold at such Rates c. § 4. N. 2. And if any Action shall be Commenced against any Iustice of Peace Constable or other Officer or Person for any thing done by colour of this Act Pleading the Defendant in every such action may plead the General Issue and give the
special matter in Evidence N. 2. And if the Verdict be found for him or the Plaintiff become Non-suited Damages shall recover his Damages and double Costs of Suit for his unjust vexation in that behalf C. 3. § 3. N. 1. Be it further Enacted that every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter Inquest deliver and cause to be delivered unto the Iustices of Peace sitting at the same Sessions the names of all Persons of such Estates viz. xx l. per Annum in England and viij l. per Annum in Wales as are by the true meaning of this Act to be Returned for Iury-men to the end the Estates of such Persons may be enquired after and such Persons approved by the said Iustices of Peace or the greater number of them then present to be Persons of such Estates to be retornable for Iury-men for the year then next ensuing N. 2. And the said Iustices shall have power to add such Persons having Estates of the respective values before mentioned Justices as they shall find to be omitted by the Sheriff amongst the Names by him delivered and such a Competent number and no more of such Persons as aforesaid shall be retornable to serve of Iuries for the year next Ensuing as the said Iustices or the greater number of them as aforesaid shall think fit Statuta 17 Car. 2. Religion VIz. Non-Conformist Parson not to come within five miles of City 17 Car. 2. 2. § 3. N. 4. Town Corporate or Borough that sends Burgesses to Parliament or of place where he was Vicar or Preacher c. before he or they have taken and subscribed the Oath aforesaid viz. against taking Arms against the Kings Commissioner before the Iustices of the Peace at their Quarter-Sessions to be holden for the County Riding or Division next unto the Corporation City or Borough Parish Place or Town in open Court which said Oath the said Iustices are hereby Impowred there to Administer Forfeiture Vpon Forfeiture c. of xl l. c. one third c. to the King N. 5. c. the other third c. to the use of the Poor c. and the other third c. to such c. as shall or will sue for the same c. before any Iustices of Peace in their Quarter-Sessions c. Imprisonment Provided also and be it further Enacted § 5. N. 1. c. That it shall be Lawful for any two Iustices of the Peace of the respective County upon Oath to them of any Offence against this Act which Oath they are hereby Impowered to Administer to Commit the Offender for six months without Bail or Mainprise unless upon or before such Commitment he shall before the said Iustices of the Peace swear and subscribe the aforesaid Oath and Declarations viz. of Conformity and against taking Arms c. Statuta 18 Car. 2. Cattle VIz. any Constable c. may seize Cattle alive or dead fat or lean Imported 18 Car. 2. 2. § 1 N. 4. c. and kéep the same during the space of Eight and Forty hours in some publick or convenient place where such seisure shall be made within which time if the owner c. or any for them c. shall make it appear unto some Iustice of the Peace of the same County where the same shall be so seised by the Oath of two credible Witnesses which Oath the said Iustice of Peace is hereby Impowered and required to Administer that the same were not Imported from Ireland or from any other place beyond the Seas not herein after excepted after the said second day of February then the same upon the Warrant of such Iustice of the Peace shall be delivered without delay 20 Car. 2. 7. § 5. N. 3. Scotland Be it therefore Enacted c. That the said Act C. 3. § 1. N. 2. viz. 13 14 Car. 2. 22. and every Clause c. therein contained and all and every the Powers and Authorities thereby given be continue and remain in force until the end of seven years from the Expiration or Determination of the forementioned Act 29 30 Car. 2. 2. Clergy And be it further Enacted § 2. N. 1. c. That the benefit of Clergy shall be taken away from great known and notorious Thieves and Spoil-takers in the said Counties of Northumberland Cumberland or either of them during the continuance of this present Act who shall be duly Convicted for theft done or committed within the said Counties or either of them Ouster le nere Or otherwise That it shall and may be lawful to and for the Iustices of the Assize and Commissioners of Oyer and Terminer or Goal Delivery N. â before whom such Offenders shall be Convicted within the said Counties or either of them to Transport or cause to be Transported the said Offenders and every of them into any of his Majesties Dominions in America there to remain and not to return c. C. 4. § 1. N. 3. None to be Buried but in Woollen only Drapery c. upon pain of the Forfeiture of the Sum of Five pounds c. to be levied by the Church-wardens and Overseers of the Poor c. by Warrant from any Iustice of the Peace or Mayor Alderman or Head Officer of such City Town or place Corporate respectively within their several Limits by Distress and Sale of the Goods of the Party Interred contrary to this Act c. or in default thereof by Distress and Sale of the Goods of any that had a hand in the putting such Person into such Shift Shirt Shéet or Coffin contrary to this Act or did order or dispose the doing thereof Statuta 19 Car. 2. 19 Car. 2. 3. § 3. N. 2. ANd if any c. shall presume to build Contrary London c. viz. against the rules for Rebuilding the City of London and be Convicted of the same by the Oaths of two or more Credible Witnesses to be taken before the Lord Mayor for the time being or any two or more of the Iustices of the Peace for the said City who are hereby Impowered to Administer the same Oaths that then and in such Case the said House so irregularly built c. shall be déemed as a Common Nusance C. 4. § 1. N. 2. For remedy c. be it Enacted Poor c. That the Iustices of the Peace of the respective Counties viz. where Poor Prisoners have no Work c. at any their General Sessions or the major part of them then there Assembled if they shall find it needful so to do may provide a stock of such Materials as they find convenient for the setting Poor Prisoners on work in such manner and by such wayes as other County Charges by the Laws and Statutes of the Realm are and may be levied and raised and
2. c. That it shall and may be Lawful to and for any Iustice of the Peace of any County City Town or Liberty within c. viz. England Wales or Berwick by Warrant under his Hand and Seal to require the Sheriff Goaler or Kéeper of any Prison within his respective Iurisdiction to bring without delay the body of any Person being in Prison for Debt c. viz. on 14 April 1671. or Damages and petitioning such Iustice to be discharged to some Convenient place within the Distance of one mile from the said Prison N. 3. And shall certifie the Cause and Causes of the Imprisonment before the same Iustice Certificate § 2. N. 1. And in Case such Prisoner coming before such Iustice Oath shall take an Oath to this effect c. I A. B. upon my Corporal Oath solemnly profess and declare before Almighty God that I have not any Estate real or personal in Possession Reversion or Remainder of the value of Ten pounds in the whole or sufficient to pay the Debt or Damages for which I am Imprisoned N. 2. And that I have not directly or Indirectly sold leased Collusion or otherwise conveyed disposed of or entrusted all or any part of my Estate thereby to secure the same to receive or expect any profit or advantage thereof or defraud or deceive any Creditor or Creditors whatsoever to whom I stand Indebted § 3. N. 1. Then after the taking of such Oath Poor the said Iustice shall remand the Prisoner to Prison and shall give a Certificate thereof in Writing under his Hand and Seal to the same Prisoner to be served upon such Person c. his or her Executors or Administrators or to be left at the place of the usual abode of such Person c. at whose Suit the Prisoner standeth Charged and Imprisoned thereby appointing as well the said Person c. as the said Prisoner to appear before the Iustices at the next General Quarter-Sessions of the Peace to be holden for the same County City Town or Liberty N. 2. When if it shall appear upon Oath Execution which Oath the said Iustices are Impowered to Administer that the said Certificate was so served or left xl dayes or more before the said Sessions and that the said Oath taken by the said Prisoner be not disproved by good Testimony of any Credible Person c. upon Oath to be Administred by the said Iustices by vertue of this Act then the said Iustices being satisfied therewith shall direct their Warrant under their Hands and Seals commanding the said Sheriff Goaler or Kéeper of the Prison to set at Liberty and Discharge the said Prisoner if Imprisoned for the Causes aforesaid and no other without paying any thing for Fée or Chamber Rent N. 3. Which Warrant shall be a sufficient Discharge to the same Sheriff Escape Goaler or Kéeper of Prison and no Action of Escape or other Action shall be brought against them or any of them for the same in any wise § 4. N. 1. Provided also and be it Enacted c. That viz. after xl dayes Process and Oath not disproved then if such Creditor c. will not be satisfied therewith Poor that the said Prisoner c. may be set at Liberty or will Insist to have the said Prisoner continued in Goal that then the said Creditor c. shall at his and their own proper Costs and Charges allow and pay Wéekly a reasonable maintenance to the said Prisoner c. such as the said Commissioners of the Peace or any three of them in their respective Divisions shall order and appoint not exceeding xviii d. a-Week § 8. N. 1. Provided and be it Enacted c. That in Case any Sheriff Sheriff Goaler or Kéeper of Prison shall refuse or delay to bring or discharge or set at Liberty any Prisoner according to the Order of the Iustice or Iustices to be made in manner as aforesaid every such Sheriff c. shall forfeit and pay to such Prisoner detained contrary to such Order the Sum of One hundred pounds to be recovered by Action of Debt in any Court of Record and shall be also subject to any Fine and punishment as the said Iustices shall order or Award § 9. N. 5. Nor viz. Sheriffs Goalers or Keepers of Prisons c. shall not take nor receive any other or greater Sum c. viz. of Persons Arrested for Debt Fees for each Nights lodging or other Expenses then what is reasonable and fitting in such Cases or shall be so adjudged by the next Iustice of the Peace or at the next Quarter-Sessions § 10. N. 2. Nor shall demand take or receive of the said Person c. any other or greater Fée or Fées whatsoever for his her or their Commitment Imprisonment Release or Discharge or for his or their Chamber Rent then what is allowable by Law until the same shall be settled by thrée Iustices of the Peace whereof one to be of the Quorum of each particular County City and Town Corporate in their several Precincts and for the City of London and Counties of Middlesex and Surrey the two Lord Chief Iustices of the Kings-Bench and Common-Pleas and the Lord Chief Baron or any two of them and the Iustices of the Peace of the same in their several Iurisdictions Poor And likewise that the said Lord Chief Iustices Lord Chief Baron § 11. N. 1. and Iustices of Peace in their several Iurisdictions and all Commissioners for Charitable uses do their best endeavours and diligence to Examine and find out the several Legacies Gifts and Bequests bestowed and given for the benefit and advantage of the poor Prisoners for Debt in the several Goals and Prisons in this Kingdom and to send for any Deeds Wills Writings and Books of Accounts whatsoever and any Person c. concerned therein and to Examine them upon Oath and to make true discovery thereof which they have full Power and Authority hereby to do and the same so found out and ascertained to order and settle in some manner and way that the Prisoners hereafter may not be defrauded but receive the full benefit thereof according to the true Intent of the Donors Fees And that these Accounts of the several Legacies § 12. N. 1. Gifts and Bequests given and bestowed upon the several Prisoners for Debt within this Kingdom and the several Rates of Fées and the future Government of Prisons be signed and Confirmed by the Lord Chief Iustices and Lord Chief Baron or any two of them for the time being and the Iustices of the Peace in London Middlesex and Surrey and by the Iudges for the several Circuits and Iustices of Peace for the time being in their several Precincts and fairly written and hung up in a Table in every Goal and Prison before the first day of November 1671. and likewise be registred by each and every
supra Justices XXXIV Cromp. 124. § 24. The Justices may hold Sessions annually between Michaelmas and Christmas and between the Feast of the Annuntiation and St. John Baptist to inquire of the Branches of the Statute of Labourers and of the good execution thereof and punish the Offenders by 5 Eliz. 4. § 37. N. 1. Lamb. 593. 594. 609. supra Process XXXV Cromp. 149. b. A Justice of the Peace of the County or within a City or Vill Corporate may Award all the Writs of Capias that are necessary to any Sheriff or chief Officers of places or other Counties from whom a Servant or Apprentice of Husbandry or any Arts Sciences or Occupation mentioned in 5. Eliz. 4. is unlawfully departed is returnable before themselves when they please and upon their appearance they may commit them until they find sureties well and honestly to serve their Masters from whom they departed as appears by the Statute 5 Eliz. 4. § 47. N. 1. Lamb. 517. supra see 2 H. 5. 4. Cromp. 185. b. Bail XXXVI Crompt 154. b. The Servant that departs out of the Service of his Master against the Statute 5 Eliz. 4. nor he that refuseth to serve for the Wages limited nor who promiseth to serve and doth not serve according to the said Statute nor Artificers nor Labourers or c. that depart before the Work they undertook to do be finished unless for Lawful cause nor he that is Committed because he gave or received Wages against the Statute shall not be Bailed Justices XXXVII Crompt 168. The Justices of Peace or the greater number of them shall assemble yearly at Easter Sessions and there rate the Wages of Servants c. for that year and certifie it into the Chancery before the 12 of July next after on pain of 10 l. every Justice that is negligent in doing thereof according to the Statute 5 Eliz. 4. § 15. 1. Lamb. 609. supra XXXVIII Crompt 175. b. § 3. A Parson Vicar or Curate shall make a Testimonial to Servants that depart from their Masters and shall have two pence only for making thereof and for Registring thereof 5 Eliz. 4. § 39. N. 2. Lamb. 504. Action XXXIX Cromp. 184. Justices of Peace may Award execution to the informer or to him that will sue by Action of Debt or Bill of complaint for the Moity of forfiture by the Statute of Labourers made 5 Eliz. 4. § 39. N. 2. Lamb. 504. XL. Cromp. 185. By these Cases of F. N. B. 169. 168. 38. H. 6. 14. Trades Labourers 19. 44. 56. 14. Com. 259 c. It appears what the Law was before the making of the Statute of 5 Eliz. 4. whereby another Law is given for the Retainer Departure c. of Servants Retained in Husbandry and for Apprentice and others XLI Cromp. 185. b. Process The Justice of Peace may Award Writs of Capias in any County to take Servants where c. who flee into other Counties from their own Masters to bring before them at such time as they will Assign Cromp. 149. b. Lamb. 517. supra XLII Cromp. 185. b. Nota Imprison If any Serving-man depart without cause from his Master he shall be Imprison for 23 Ed. 3. 2. § N. as to the departure of Servants is general 38 H. 6. Labourers 9. but 5. Eliz. 4. § 11. N. 1. extends not to such Servingmen but to Servants in Husbandry c. Dalt 81. XLIII Crompt 184. b. 189. b. He is no Apprentice if he be not retain Deeds by Indenture and by the name of an Apprentice expresly Hill 3 H. 8. Rot. 379. Dalt cap. 40. and cap. 31. pag. 81. XLIV Dalt 78. cap. 31. Process Also it seemeth that if the first Justice of Peace to whom complaint was made viz ' on 5 Eliz. 4. § 5. N. 5. shall find the default to be in the Apprentice that then the said Justice of Peace may send him to the House of Correction as an idle or disorderly person by the Statute 7 Jac. 4. and needeth not to trouble the Sessions with him yet quere Dalt 359. XLV Dalt 78. ibid ' Any one Justice of Peace may allow of the cause of putting away of a Servant or of the departure of a Servant within his Term Justices But otherwise of an Apperntice for an Apprentice cannot be discharged but by four Justices of Peace at the least and in open Sessions as aforesaid or else by the agreement of the Master and the Apprentice and under his Masters hand in Writing And yet one that is retained as an Apprentice may be seised by his Lord as a Warde by reason the Lords Title is more antient Crom ' 259. Laboures 143. Br. 27. 30. XLVI Dalt 78. ibid ' And yet one Justice of Peace as it seemeth may make his Warrant to attach a Servant or Apprentice Process departed out of Service or refusing to serve to be before the Justices at their Sessions there to answer their defaults Dalton 259. 360. cap. 121. and it seemeth that any one Justice of Peace may send such idle or disorderly Servants to the House of Correction and that by the Statute of 7. Jac. 4. § 8. N. 3. Dalton 385. cag XLVII Dalt 80. cap. 31. The Reason of this Law viz ' 5 Eliz. 4. § 27. Corporat N. 2. seemeth to be for that such as be to be bound Apprentices in Corporate Towns c. If their Parents be of Competent Livelihood then their Master shall not only be the better secured c. but such Apprentices also in likelihood shall have better means to set up their Trades after their time expired and concerning such whose Parents have not 40 s per Annum they are fitter to be bound Apprentice to Husbandry c. in the Country Lamb. 360. Crompt 200. b. XLVIII Dalt 80. cap 31. But concerning this Certificate Certificate on 5 Eliz. 4. sect 27. N 2 it seemeth not much in use at this day neither is this Certificate so of the substance of the matter or so material that for want thereof the Indenture for Binding of such an Apprentice shall be void For the Justice of Peace cannot be compelled to Certifie c. But if the Parent have 50. s per Annum it sufficeth And so were the opinions of Sir Humfrey Winch and Sir William Jones in the Court of K. B. Pasch 21 Jac But Sir Henry Hobard Lord Chief Justice of the K. B. Trades did not then deliver his opinion therein directly yet he seemeth to me to hold that the Parents of such an Apprentice ought to have 40 s per Annum and also ought to procure such a Certificate from the Justice of Peace Trades XLIX Dalt 80. cap. 31. By the Common-Law no man may be prohibited to Work in any Lawful Trade for the Law abhoreth Idleness 11. Co. 53. b. Trades L. Dalt 80. cap. 31. A Woman cannot be restrained to use the Trade of
Inhabitantes nunc tempore nuper Belli viz. a 24 die Junii Anno Regni dicti Domini nostri Jacobi Dei Gratia Angliae c. usque 31 diem dicti mensis Junii Anno supradicto predictas vigilias apud Sandgate predict ' modo forma predictis facere custodire voluntarie pretermiserunt neglexerunt ac in eisdem vigiliis tunc ibidem sicut prefertur faciendis custodiend ' voluntariam fecerunt defaltam in dicti Domini Regis contemptum ac hujus Regni sui Angliae discrimen non modicum necnon contra form ' Statuti in Parliement ' dicti Domini Henrici nuper Regis Angliae quarti tento Anno Regni sui quinto predicto in hujusmodi casu provisi ac editi West Symb. 2. part 134. § 220. XXVI Crompt 266 b. 267. pl. 104. An Indictment against Inhabitants for not answering for Robbery Staff ss Inquiratur pro Domino Rege quod cum in Statuto in Parliament ' Domini Edw. nuper Regis Angliae primi progenitoris Domini Regis nunc apud Winton Anno Regni sui 13. tent ' edit ' inter caetera ordinat ' sit pro eo quod de die in diem Roberiae Homicidia Incendia Latrocinia plus solito tunc fiebant quam antea solebant felones non potuissent esse attinct ' per sacrament ' Juratorum qui magis voluntarie permittebant felonias fieri gentibus extraneis felones evadere absque poena quam malefactores indictari ubi major pars fuerunt gentes de eadem patria vel ad minus si Malefactores fuerunt de alia patria eorum receptores fuerunt de visu ubi hujusmodi malefacta fiebant hoc faciebant pro eo quod sacramenta eisdem Jurat ' non ministrabantur nec in patria ubi feloniae illae fiebant quoad restitutionem Damnorum poena ante nunc non fuit provis ' pro Concealiament ' negligentiis suis idem nuper Rex pro posse hujusmodi felonias debilitand ' decrescend ' stabilivit poenam in illo Casu ita quod exinde pro timore poenae plus q. pro pavore sacrament ' nullis feloniis extunc parcerent nec aliquas felonias extunc concealarent quod proclamatio fieret in omnibus Comitat ' Hundred ' mercat ' feriis omnibus aliis locis ubi multitudo Gentium foret assemblat ' sic quod nulli per ignorantiam se possint excusare quod quaelibet patria extunc sic possint custodiri quod instanter post Roberiam felonias fact ' recens insecutio fieret de Villa in Villam de patria in patriam etiam inquisitiones fierent si necesse foret in Villis per ipsum qui Dominus vel Superior esset in Villa postea in Hundred ' in Franchesia in Comitat ' aliquando in duobus tribus vel quatuor Comitat ' in Casu quando feloniae factae fuerunt in marchiis confiniis Comitat ' ita ut malefactores potuissent esse attincti si patria de corporibus hujusmodi malefact ' non respondere poena talis esset quod quaelibet patria scilicet homines in Patria Commorantes responderent de roberiis factis Damnis sic quod totum Hundred ' ubi Roberia facta fuit cum Franchesiis quae essent infra precinctum ejusdem Hundred ' responderet de Roberiis factis si Roberia foret in divisis duorum Hundred ' in hujusmodi casu responderent inde ambo Hundred ' simul cum Franchesiis quae forent infra precinct ' Hundred ' predict ' longioris temporis spacium non haberet patria post Roberiam felonias fact ' quam Dimidium Anni nunc 40 dierum infra quod faceret emend ' de Roberia vel de Malefactis vel responderent de corporibus malefactorum prout in Statut ' predicto plenius continetur Accum quidem Malefactores ignoti tertio die Maii Anno c. apud N. in Com' predict ' quae quidem Villa est infra Hundred ' de H. vi armis viz. Gladiis Baculis Cultellis in quendam O.C. Insultum fecerunt Centum libris de denariis ipsius O. ibidem invent ' felonice ab eodem O. spoliaverunt ceperunt asportaverunt contra pacem c. qui quidem O. immediate post feloniam spoliationem predict ' factas scilicet quarto die Maii Anno c. supradict ' apud N. predict ' per totam eandem Villam Hutesium Clamorem de Roberia predicta fecit notitiam ibidem inhabitantibus ejusdem Villae de Roberia illa dedit post Roberiam illam dimidium Anni nunc 40 dies jam preterierint ibidem tamen Inhabitantes emend ' de Roberia predict ' fact ' O. huc usque non fecerunt nec Corpora felonum malefactorum predict ' ceperunt neque de Corporibus eorum hucusque responderunt sed malefactores felones illos evadere permiserunt in dicti Domini Regis contempt ' ipsius O. Grave Damnum contra form ' Statut ' predicti c. 3. Brownl 224. XXVII Kilb. Precedents 161 162. The Examination of a Person Robbed on the Highway praying an Hue and Cry The Examination of A. B. of C. in the County of O. Gent. taken by E. F. Esq one of the Justices of Peace of the County of K. on the Second day of October Anno Domini 1679. upon his Oath Kent ss This Examinant saith that as he was Riding on Saturday the first day of April last past from the Town of A. in the County of B. to C. in the same County he was assaulted in the Common Highway leading from one of the said Towns to the other at or neer a place called K. at about a 11 of the Clock in the Forenoon of the same day by two Footmen who there seised upon him this Examinant and carrying him into a certain Wood Robb'd him and bound him And this Examinant further saith that he is since informed that the said place and Wood are both in the Parish of A. aforesaid and so within the Hundred of A. D. in the said County And this Examinant further saith and deposeth that the said Theeves did then feloniously take from him and Rob him of 10 l. 17 s. in Mony and one Cloth Sadle with Stirrups and Girts worth in all 10 s. and two Leather Purses two Knives c. in all worth 5 s. And this Examinant further saith and deposeth that he then did not nor yet doth know the parties that Committed the said Robery or either of them R. W. 2. Another Kent ss A. B. of C. in the County of O. did upon the present tenth day of October in the 31 Year of the Reign of our Sovereign Lord Charles the Second c. personally come before me E. M. Esq one of his Majesties Justices of the Peace for the said County of O. Inhabiting in the
Waterman or Servingman other then of a Nobleman or of him that may dispend 200 l. by the year playing within the precinct of his Masters House have plaid out of the Christmas at any of the said unlawfull Games or in the Christmas out of the house or presence of their Master shall be Inquired in Sessions 33 H. 8. 9. § N. 12 R. 2. 7. 10. Crompt 79. Dalt 63. cap. 23. War IV. Lambert 476. the Act 33 H. 8. 9. § 20. N. 1. For Archery must be proclaimed at the several Sessions of the Peace Crompt 123. b. § 14. Ability V. Crompt 78. b. Inquiry at Sessions on 33 H. 8. 9. § 3. N. if every one of the age of 7 years and within LX having no Impediment except spiritual men the Justices of the one Bench or of the other and Barons of the Exchequer use Shooting in Long Bows and have a Bow and Arrows ready Item 2. Whither the Fathers and Governors educate their Children in Shooting and have in their houses for every one of the age of 7 years untill he come to 17. a Bow and two Arrows and they may provide and abate the Mony out of their Wages otherwise he shall forfeit 6 s. 8 d. for every Month that they fail 33 H. 8. 9. § 3. N. Item 3. If every man above the age of 17 years and within 60 years having no Impediment nor being a spiritual man c. hath a Bow and four Arrows and occupieth it he that fails shall Forfeit 6 s. 8 d. for every Month 33 H. 8. 9. § 3. N. 5. Item 4. If any under 24 years of age shoot at Pricks he shall Forfeit 4 d for every Shoot 5. None under 17 years if his Father or Mother hath not 10 l. in Land or that his Goods amount to the value of 40 Marks shall shoot in any Bows of Yew bought for him on Forfeit of 6 s. 8 d. Archers VI. Crompt 79. Item 6. If Butts be made and continued in every place by the Inhabitants the Forfeit is 20 s. for every month fayling and the inhabitants must exercise Shooting on Festival days â 474. by 33 H. 8. 9. § 4. N. 4. Item 7. You shall Inquire if any for Lucre keep any place of Bowling Tennis Dicing or other unlawfull Games he shall Forfeit 40 s. for every day and every person haunting this shall forfeit for every time 6 s. 8 d. Bowls VII Crompt 79. If any Bowl in any open place out of his Garden or Orchard he shall forfeit 6 s. 8 d. for every time VIII Crompt 79. At the Assizes at Stafford Lent 29 Eliz. before Manwood Cheif Baron and Windham Justices of Assize there divers that were taken by L. one of the Justices of the Peace there were Indicted thereof and he that kept the house where they played also and he that kept the house was fined to 5 l. and every one that plaid 20 s. and because they were present in Court they were Committed to Prison till they paid their Fines and there were above 20 of them that plaid in the said house at one time Dalt 64. cap. 23. IX Crompt 131. Imprisonment Justices of Peace and head Officers who find or know any person using unlawfull Games against 33 H. 8. 9. § 14. N. 1. may Commit such Offenders to Prison without Bayl or Mainprise until they be bound by obligation to the use of the King that they will not use such unlawful Games and so see a Conviction by view of the Justices as to Imprisonment c. as it seemeth Quaere Crompt 154. b. 155. a. 172. ab 175. b. § 21. 197. b. § 27. X. Crompt 192. b. All Informations Plaints Actions and Suits Dayes against such as keep Common Houses of unlawfull Games and against such as play therein against 33 H. 8. 9. § 17. N. 2. shall be Commenced within the year after the Offence Committed otherwise no advantage or Suit thereof shall be taken as appears by the said Statute Prohibition XI Dalt 64. cap. 23. But Inquire what Games shall be said to be unlawfull c. Quaere of Dancing of the Morrice or other open Dancings Bear-baytings Common Playes and Fencings all these seem to be prohibited by 39 Eliz. 4. § N. Dayes XII 1 Car. 1. cap. 1. § 1. N. 5. And that any one Justice of the Peace of the County or the cheif Officer c. of any City c. wherere such Offence viz. Bear-bayting Bull-bayting Interludes Common Playes and other unlawfull Pastimes on the Lords day shall be Committed upon his or their View or Confession of the party or proof of any one or more Witness by Oath which the said Justice c. shall administer shall find any person offending in the premises the said Justice c. shall give Warrant under his or their hand and Seal to the Constables and Churchwardens of the Parish c. where such offence shall be Committed to levy the said Penalty viz. 6 s. 4 d. c. by Distress and Sale c. Dalt 63. cap. 23. Warren XIII Lambert 95. Every person finding or seeing any to offend 39 H. 8. 6. § 16. N. 1. 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 the first bringer or conveyer Dalt 64. cap. 24. In this Case and such other the Justice of Peace having as it seemeth the whole matter committed to himself alone ought to be wary and circumspect c. and upon the offence sufficiently proved it is necessary that in his Mittimus or Precept to the Goaler there be conteyned the names of the parties with the manner of the offence and how long he is to be kept in Prison for it Ability XIV Lambert 472. If any person have Shot in used or kept any Hand-gun but such as is in Stock and Gun one yard long or any Hagbut or Demihake not being three quarters of a yard long 33 H. 8. 6. Lamb. 295. XV. 471 472. Inquiry at Sessions If any not having 100 l. per Annum have carryed in his Journey any Cross-bow bent or Gun charged unless it be to the Musters 33 H. 8. 6. Crompt 88. Warren XVI Lambert 472 473. Inquiry if any person have Shot at large other then at a Butt or Bank of Earth in place convenient at any thing with any Gun in any City Bourough or Market Town or within a quarter of a Mile of any of them or have commanded his Servant to Shoot in Cross-Bow or Gun at any thing other then a Butt or Banck of Earth or if any person not having 100 l. per An.
of Life and Death was Found not Guilty of that Felony and after was Indicted for the Escape but here considering the Prisoner was found not Guilty for the first Felony therefore his Escape from the Constable was holden not to be Felony and so I have known the Jury directed by the Judge of Assize Rescous XXXVI Dalt 272. cap. 106. By some Opinions if a stranger shall disturb the Arresting of a Felon it is no Felony except the Felon were taken and Arrested and after Rescued 9 H. 4. 1. Coron 333. Stanff 33. yet Fitzh J. P. 114. saith that such disturbance before Arrest is Felony Process XXXVII Lambert 294 295. Such Justice of Peace as Committed for any offence any person to Prison refusing to defray the Charges for conveying him thither may give his Warrant to the Constable to Sell such of the Offenders Goods as will satisfie the same Charges and if the Offender have no Goods the Parish where he was apprehended shall be Taxed according to this Act and the Goods of every person Assessed refusing to pay the same by Warrant from the said Justice of Peace or any other neer adjoyning to the Constable c. shall be distrained and Sold for levying the same Taxation 3 Jac. 10 § 1. N. 3. XXXVIII Lambert 218. The Mittimus of the Prisoner for-Felony after his Examination taken c. Kent ss J. S. Knight one of the Justices c. to the Keeper of his Majesties Goal at M. in the said County c. Greeting I send you herewithal the Body of A. B. late of C. Laborer brought before me this present day and charged with the Felonious taking of 20 Sheep which also he hath confessed upon his Examination before me and therefore these are on the behalf of our said Soveraign Lord to Command you that immediately you receive the said A. B. and him safely keep in your said Goal untill he shall be thence delivered by due order of his Majesties Laws Hereof fail you not as you will answer for your Contempt at your own Peril Given at c. XXXIX 2. Inst 591. Hereupon it appeareth that the Common Warrant or Mittimus to answer to such things as shall be Objected against him is utterly against the Law Poor XL. And it was toucht 10 Ed. 4. 18. pl. Surety Br. 26. that Stocks were ordained in the Vills for the taking of Vagrants who would not serve c. Indictment Indictments Traverse Process Pleading Action Appeal Information Aprovement I. Lambert 20. 21. Justices And whether the Authority and power of these Wardens were then also with this alteration 1 Ed. 3. 16. § N. any thing increased or no I will not affirm but I find 3 Ed. 3. Coron 360. That an Indictment of Murder was found before one Warden of the Peace only and that thereupon he wrote his Letter or Precept to the Sheriff to apprehend the person Indicted who took and brought him before the Justices in Eyer and that they also thereupon proceeded to the Arraignment and Tryal of him II. 4. Ed. 3. 2. § 1. N. 6. Certiorariâ And the Justices assigned to deliver the Goals shall have power c. of those that shall be Indicted before the Keepers of the Peace and the said Keepers shall send their Indictments before the Justices c. III. 25 Ed. 3. 3. cap. 9. § 1. N. 2. Ordinary The King will that his Justices shall not Impeach the Ordinaries nor their Ministers because of such Indictments of general Extortions and Oppressions unless they say and put in certain in what and in what manner c. IV. 11 H. 4. 9. § 1. N. 4. And if any Indictment be made Enquest viz. by denomination of Party or without due Retorn of Enquest by Sheriff c. that the same Indictment be void c. Poult de Pace 172. § 7. V. 1 H. 5. 5. § 1. N. 1. Addition That in Appeals and Indictments where Exigent shall be awarded Additions shall be made of their Estate or Degree or Mystery and of the Towns or Hamblets or places and Countries of which they were or be or in which they be or were conversant Lambert 480 481. 1 Ed. 4. 2. § 1. N. 4. Sheriffs viz. That no Process shall be made by them but that Sheriffs and their Under-Sheriffs Clerks or Bayliffs and their Ministers shall bring present and deliver all such Indictments and Presentments taken before them or any of them in their Turns or Law dayes c. to the Justices of Peace at their next Sessions of the Peace that shall be holden in the County where such Indictments and Presentments shall be taken c. Lambert 496. Poult de Pace 169. b. 171. a. § 6. VII 3 H. 7. 1. § 1. N. 14. That if any man be slain or Murdered Accessory and therefore the Slayers Murderers Abettors Maintainers and Comforters of the same be Indicted that the same Slayers c. and all accessaries of the same be Arraigned and determined of the same Felony and Murder at any time at the Kings Suit within the year after the same Felony and Murder done and not tarry the year and day for any Appeal to be taken for the same Felony or Murder VIII 6 H. 8. 6. § 1. N. 3. and Justices of B. R. to command all Justices of Goal Delivery Justices of Peace Justices and all other Justices and Commissioners to proceed upon all the Bodies and Indictments so removed and remanded from B. R. after the course of the Common Law as if never removed c. Amendment IX 37. H. 8. 8. § 1. N. 4. That these words Vi and armis viz. cum Baculis Cultellis Arcubus Sagittis or such other like shall not of necessity be put or comprised in any Inquisition or Indictment Crompt 102. § 20. Lambert 494. Dalt 401. cap. 131. Days X. Lambert 4. cap. 4. pag. 479. This also is generally true That all Bills Informations and Indictments grounded upon penal Statutes wherein the Prince only is to reap the Forfeiture ought to be commenced within two years next after the Offence committed and if the Suit be given to any other person for himself and the Prince that ought to commence for the Prince within two years and for every common person within one year next after the Offence done and otherwise it is meerly void unless shorter time be limited by that special Statute upon which the Information Indictment or Presentment is made and framed as it is by 13 Eliz. 5. of Husbandry and 39 Eliz. 1. Amendment XI Lambert 479 480. All Indictments forasmuch as they be in Nature of Declaration ought to contain Certainty and therefore as saith Mr. Marrow five principal things be most commonly requisite in Presentments before the Justices of Peace 1. The Name Surname Addition of the party Indicted 2. The Year the Day and Place in which the Offence was done 3. The Name
c. IV. Lamb. 431. Scavage Enquiry in Sessions if any Officer have in any Town taken scavage or shewage that is to say any thing for the shewing of Ware or Merchandize that be truly Customed to the King before 19 H. 7. 8. § N. V. Kilb. Presidents 118. Officer A warrant against those who abuse the Officers of the Customs on 14 Car. 2. 11. § N. To the Constables and Borsholders of the Hundred of A. in the said County and to every of them and to the Keeper of his Majesties Goal for the said County at M. in the County aforesaid Kent ss FOrasmuch as it hath been made appear unto me that A. B. and C. D. persons appointed by His Majesty for managing the Customs Officers of the Customs or their Deputies c. have lately been forceably hindered afronted abused beaten or wounded to the hazard of their Lives in the due Execution of Offices in the said place by E. F. G. H. Armed with Clubs c. on board of the Ship called c. or on the Land or Water c. and J. K. c. acting in their Aid and Assistance these are therefore in His Majesties Name to require you the said Constables and Borsholders and every of you that you some or one of you do take the said E. F. G. H. and them convey to his Majesties Goal aforesaid and them there deliver to the aforesaid Keeper of the same together with this precept requiring also you the said Keeper to receive them into the said Goal and them there safely to keep till the next Quarter Sessions there to be dealt withal as by the Statute in that behalf lately made is appointed hereof fail not at your Perils Given under my Hand and Seal the x day c. Anno c. VI. Kilb. Presidents 119. Customs A Warrant against taking up uncustomed Goods 14 Car. 2. 11 § N. Kent ss FOrasmuch as complaint hath been made unto me that A. B. Carman Porter Waterman c. at E. in the County aforesaid hath assisted in the taking up Landing Shipping off or Conveying away c. of Goods Wares or Merchandizes prohibited or whereof the Custome Subsidy or other duty are payable to the King without the presence of any of the Officers of his Majesties Customes thereunto appointed or at hours and times not appointed by law or Goods passing by Certificates Wast Cochet or otherwise without the presence of or notice given to one of his Majesties Officers these are therefore in his Majesties Name to will and require you and every of you that you some or one of you apprehend the said A. B. and him bring before me to answer the Premisses and farther to do and receive as by the said Statute in that behalf lately made is appointed hereof fail not at your Perils Given under my Hand and Seal the Tenth day c. Anno c. VII Kilb. Presidents 120 121. A Mittimus upon the precedent Warrant 14 Car. 2. 11. To the Constable and Borsholders of the Hundred of A. in the said County and to every of them and to the Keeper of his Majesties Goal of the said County at C. in the County aforesaid Kent ss FOrasmuch as it hath been duely proved before me That B. C. hath assisted in the taking up c. of Goods c. Prohibited c. without the presence of any of the Officers of his Majesties Customes thereunto appointed c. These are therefore in his Majesties Name to require you the said Constable and Borsholders and every of you that you some or one of you do convey the said B. C. to his Majesties Goal aforesaid and him there deliver 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 until he shall find sufficient Surety to be of Good behaviour for so long time until he be thereof discharged by the Lord Treasurer Chancellor under Treasurer or Barons of the Exchequer or otherwise by due course of Law Hereof fail not at your perils Given under my Hand and Seal the Tenth day c. Anno c. VIII Upon the second like Offence upon 14 Car. 2. 11. § N. Kent ss FOrasmuch as it hath been duly proved before me that C. D. hath assisted in the taking up c. of Goods c. Prohibited c. without the presence of any of the Officers of his Majesties Customes thereunto appointed c. and forasmuch as the said C. D. hath once before Offended in the like kind and hath been duely Convicted thereof These are therefore in his Majesties Name to require you the said Constable and Borsholders and every of you that you some or one of you do convey the said C. D. to his Majesties Goal aforesaid and him there deliver 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 two months without Bail or Mainprise or until he shall pay the Sheriff of this County the Sum of Five Pounds for the use of his Majesty or until he shall by the Lord Treasurer Chancellor or under-Treasurer or Court of Exchequer be thence discharged or by due Course of Law hereof fail not at your Perils Given under my Hand and Seal the Tenth day c. Anno c. Market Overt Fairs Toll Property Forestalling Ingrossors Regrators Forestallers I. LAmb. 345 562. He that is Convicted before the Justices of the Peace for offending the Statute 5 6 Ed. 6. 14. § 4. N. 1. made against Forestalling c. shall be Committed to the Goal for two months without Bail or Mainprise Crumpt 155. b. Dayes II. Lamb. 443. Inquiry in Sessions if any have within these two years Forestalled Regrated or Ingrossed unlawfully 5 6 Ed. 6. 14. § 1. 2 3. Crumpt 79. b. 124. a. 193. III. Lamb. 444 445. Inquiry in Sessions if any Person have within these two years bought Corn in any Fair or Market for Change of his Seed having then sufficient for his House and for sowing his Ground for a year and did not bring thither if he might so much as he did so buy and did not the same day Sell it after the Price then going 5 6 Ed. 6. 14. § 8. N. 1. Crumpt 80. IV. Lamb. 446. Enquiry in Sessions if any Person have within these two years bought Oxen Ronts Steers Kine Heifers Calves Sheep Lambs Goats or Kids living and sold any of the same again alive before he hath kept them five weeks 5 6 Ed. 6. 14. § 9. N. 1. Crumpt 81. V. Lamb. 446. Enquiry in Sessions if any Person have Regrated Ingrossed or got into his hands any Oaken Bark to the Intent to sell the same again 1 Jac. 22. § 19. N. 1. VI. Lamb. 446. Enquiry in Sessions if any have Forestalled any
For a Justice of Peace hath no Authority but in the County where he is a Justice 13 Ed. 4. 8. Coron 37. and therefore it may be doubted also whether such a Warrant be good or no. XXXIV Lamb. 92. But if it fall out that he refuse to come and put in such Surety then may the Officer by virtue of his Warrant convey him to Prison for the words of the Commission § 5. are And if he shall refuse then c. And if he add resistance to this refusal and make assault upon the Officer then may that Officer justifie the beating or hurting of him 21 H. 7. 39. per Fineux Dalt 167. cap. 69. 3 H. 7. 3. per Brian False Imprisonment Br. 21. XXXV Lamb. 93. To this Arrest for the Peace all Lay Persons under the degree of Lords or Peers of the Realm be subject and Ecclesiastick persons if they be not attendant upon Divine Service may be Arrested for the Peace also by Marrow Release XXXV Lamb. 93 94. For as it seemeth to some that any Justice of Peace may upon his offer take the Surety and deliver him so it may be some doubt whether he may be delivered upon the Death or Release of the party without the help of a Sessions or Goal Delivery Dalt 167. cap. 69. 176. cap. 71. Priviledg XXXVI Lamb. 94. It appeareth 4 Ed. 4. 16. pl. And by the opinion of Brian 2 H. 7. 2. 4. That if such an Imprisoned person had a suit hanging in the Common Place aforehand he might by a Writ of Priviledge be discharged of the Imprisonment if the Party at whose suit he was Arrested for the Peace were not ready in Court at the day of the Return of the Writ when he should be called to pray there again the Surety of the Peace against him and he saith that it had been alwayes their common Course so to do but other there were of a contrary opinion and it seemeth a hard Case that without any sufficient notice of such a removing of the Party a man should be defeated of his Surety for the Peace Crumpt 141. b. 142. b. 143. Dalt 167. cap. 69. 186. cap. 73. XXXVII Lamb. 94 95. But now if the party shall yield to find Surety of the Peace then may he be at his Liberty if the Precept proceed ex officio Justices and without the Writ of Supplicavit to go to any other Justice of the Peace to offer his Surety for such is the opinion of Fineux 21 H. 7. 20. suprà 30. Tho Mr. Brook Peace Br. 9. and Faux Imprisonment Br. 11. liketh better to give the Election thereof to the Officer 5 Co. 59. b. and I do remember that a Justice of the Peace was by Order in the Star-Chamber thrust out of the Commission only because he refused to accept Surety of the Peace offered unto him upon a Warrant Awarded by one his Fellow Justice to whom the party as he alledged durst not go to give it for fear that he would Execute upon him the malice that he bare against him Crumpt 140. b. 144. Jurisd 31. Dalt 166. cap. 69. XXXVIII Lamb. 95. But here again the Officer had need be advised lest he find much trouble in following the Party whither he shall please to lead him for as there may be just Causes to yeild unto the request of a man that shall dislike to be brought before that Justice which gave out the Warrant either for some matter of private displeasure or for the great distance of his Dwelling or for other Reasons so yet without good Allegation made I allow not that the Officer shall be drawn out of the Division and Limit where both he and the party do Dwell for in so doing the Officer and not the Offendor may seem to be punished by the Service Dalt 166. cap. 69. XXXIX Lamb. 95. 96. Hereupon also it happeneth often Supersedeas that such Persons chusing rather to be bound by any other then by him that maketh the Warrant do offer themselves and do become bound before some other Justice and do withal procure a Supersedeas from him to be discharged of any other Arrest to be made upon them yea and many times hearing of such precepts and misliking to be bound in the Country they go up to Westminster and give Surety of the Peace there either in the Kings-Bench for a time only as the manner of that Court is or in the Chancery forever or for a time as they use it and do thereupon procure a Supersedeas from the Court where they are bound to close the hands of the Country Justices Crumpt 138. b. § 9. 144. b. 145. b. Dalt 168 169. cap. 69. XL. Lamb. 96. If therefore a Justice of the Peace will by a Supersedeas discharge a precept for the Peace Awarded by his fellow Justice by Vertue of his Office and not by force of a Supplicavit which is of a higher Nature and cannot be so Avoided then shall he do well to take the Recognizance after the self same sort in all points as the Form of the former Precept doth require for as it is good reason that having taken Surety for the Peace he may by his Supersedeas save the party from finding other Surety for the self same Cause So is it not reasonable that he should proceed otherwise then according to the first Precept and thereby discharge a matter of Record that was made by one of equal Authority with himself Fitz-herb 9. Crumpt 138. b. § 10. Infrà 99. XLI Lamb. 96 97. Supersedeas But this Supersedeas sent by a Justice of Peace is sufficient although it neither name the Sureties nor contain the Sums in which they are bound yet is it the better form to express them both as well because the higher Courts use so to do as also that if the Bayliff Constable or other Officer to whom it is delivered be called at the next Sessions by the Suit of him that sought to have the place to shew he hath Executed his Warrant and to come in and shew forth the Supersedeas then the Party that is bound may be called thereupon at the day that appeareth to be Limitted unto him by the Supersedeas for it is under the Seal of a Justice and doth testifie that the party is bound and hath found Surety to appear at a certain day and if he make default that being recorded shall be sufficient to cause him to forfeit the Penalty of the Recognizance altho the Justice that Awarded it shall omit to bring the Recognizance it self according as he ought now to do by 3 H. 7. 1. § N. and this may be Gathered upon the opinion 2 H. 7. 4. Surety Br. 13. Priviledg Br. 52. and may also be seen by this Form of the Supersedeas under-written XLII Lamb. 97 98. W. S. Esq one of the Justices of the Peace of our Soveraign Lord the King within the County of K. to the Sheriffs
Bayliffs Constables c. and other the faithful Ministers and Subjects of our said Soveraign Lord within the said County and to every of them sendeth Greeting Forasmuch as A. B. of c. Yeoman hath Personally come before me at A. c. and hath found sufficient Surety that is to say C. D. E. F. c. Yeoman either of the which hath undertaken for the said A. B. under the pain of XX li. and he the said A. B. hath undertaken for himself under the pain of XL li. that he the said A. B. shall well and truely keep the Peace toward our said Soveraign Lord and all his Liege People and specially towards G. H. c. Yeoman and also that he shall personally appear before the Justices of the Peace of our said Soveraign Lord within the said County at the next General Sessions of the Peace to be holden at M. there therefore on the behalf of our said Soveraign Lord I Command you and every of you that ye utterly forbear and surcease to Arrest take Imprison or otherwise by any means for the said occasion to molest the said A. B. and if you have for the said occasion and for none other taken or Imprisoned him that then you do cause him to be delivered and set at Liberty without further delay given at A. aforesaid under my Seal this Day of c. Anno c. This Supersedeas may also be in the Name of the King under the Test of the Justice of Peace thus Charles by the Grace of God c. to the Sheriff c. Greeting Forasmuch as A. B. hath come before T. F. Knight one of our Justices of the Peace within our said County and hath found c. we therefore Command you and every of you that ye forbear c. Witness the said T. F. c. XLIII Lamb. 99. Thus much of the Supersedeas Issuing from a Justice of the Peace the which ought to with-hold and stay the Proceeding of his fellow Justices in the said Cause in so much that if any Officer by any of their Warrants having this Supersedeas delivered unto him will nevertheless urge the Party to find new Surety for the Peace he may refuse to give it and if he be Committed to Prison for such his refusal he may as I think have his Action of False Imprisonment against the Officer upon the same XLIV Lamb. 99. I read 21 Ed. 4. 40. Peace Br. 17. that a Supersedeas proceeding out of the Chancery will discharge a Surety of the Peace taken before the Justices of B. R. much more then will a Supersedeas sent out of the Chancery or B. R. discharge a Precept for the Peace that is awarded from an Inferior Justice of the Peace and if the Justice of the Peace to whom a Supersedeas out of such an High Court shall be delivered will not thereupon surcease an Attachment may be Awarded against him for his contempt and he may be Imprisoned and Fined for it Crumpt 139. § 12. XLV Lamb. 99 100. It is good Counsel therefore F. N. B. 238. E. where he willeth the Justice of Peace after such a Supersedeas received to forbear to make any Warrant to Arrest the Party and if they have Awarded it then to make their own Supersedeas to the Sheriff and other Officers thereby Commanding them to surcease to put it in Execution XLVI Lamb. 100. Recognizance If the Justice of Peace deal in taking of the Recognizance of the Peace as a Judge and by vertue of his Commission § 5. then the number of the Sureties the Sum of the Bond their sufficiency in Goods or Lands the time how long the Party shall be bound and such other Circumstances are referred wholly to his own Consideration and if he be deceived in the ability of the Sureties he may compel the Party to put in others by Marrow for the Avoiding of which deceit also the Justices of C. B. 7 H. 6. 25. Did Examine the Ability of the Sureties upon their Oaths XLVII Lamb. 100 101. The Common manner is to take two Sureties besides the Party himself and good reason it is that those should be such as have their names registred in the Book of Subsidy for albeit that here and there some may be sufficient that were not Assessed to the King yet it standeth not well together that he should become bound to the King in X or XX li. that was not in the Subsidy found worth any thing at all and the Case may be such that Sureties only not the principal Party shall give the Bond for if the Peace be prayed against a Wife or an Infant under the years of Discretion they shall be bound by their Sureties only as was the Monk or Cannon 36 H. 6. 23. Surety Br. 9. Moign Br. 15. Dalt 171. cap. 69. XLVIII Lamb. 101. But if the Justice of Peace shall Command the Peace as a Minister in Execution of the Writ of Supplicavit Supplicavit then must he behave himself as the Writ it self directeth him and that hath not been alwayes after one manner for some Commandeth him to take sufficient Manucaptors in any pain or Sum to be reasonably set by himself so that he will be answerable for it at his own Peril and some willeth him to take sufficient Security in a Sum certainly prescribed unto him as C li. in all or every of them in XX li. as at large Register 89. Dalt 185. cap. 73. XLIX Lamb. 101 102. A Justice of the Peace saith Marrow Bail may take this Surety by a Gage or pledge which shall not be forfeited thereby but pawned only so that the Party shall under a certain pain keep the Peace which pawn he shall forfeit if he break the Peace Dal. 171. cap. 69. L. Lamb. 102. And by the Opinion of Marrow a Justice of the Peace may also take his Surety by an Obligation made to himself by the name of Justice of the Peace for so shall it be saith he ad usum Domini Regis but if it were made unto him without his name of Justice of the Peace then it could not be to the use of the King unless it had the words ad usum Domini Regis on the other side F. N. B. 81. D. holdeth that such an obligation taken to the King by a Justice of the Peace is nothing worth for a man cannot be bound to the King but only by matter of Record unless he will after come into a Court of Record and Confess it to be his Deed and pray that it may be Enrolled there 9 Ed. 4. 31. But the new Statute 33 H. 8. 39. § N. hath made a plain Law in these Cases that all Obligations and Specialties made for any Cause touching the King shall be in his own name by the words Domino Regi and to no other Person to his use The safe way therefore is to take his Surety by Recognizance as is commonly used and that also by the
11 H. 7. 2. § 1. N. 10. And that the Lord of every Leet within this Realm and the Sheriff in his Tourn Leet have Authority to enquire thereof in his Leet and Tourn and the Lord of the Leet to have for every default found as is abovesaid 1 s. 8 d. and the Sheriff to enquire in his Tourn of such escapes within the Jurisdiction of his own and to have 1 s. 8 d. for every such default found in his Tourn 19 H. 7. 12. § 1. N. 11. XXV 11 H. 7. 2. § 1. N. 11. And that the penalty limited by this Ordinance be forfeited by any Officer or any other person Forfeiture for non punishment of Vagabonds and other misruled persons within every City where Mayor and Aldermen be that the profit of every such penalty be unto the Alderman of that Ward where such forfeiture is had or made to his own profit 19 H. 7. 12. § 1. N. 12. XXVI 11 H. 7. 2. § 1. N. 12. And also it is ordained and enacted Distress c. that it shall be lawful to every man intituled to have the penalty to distrain for it in like wise as the Lord of any Leet may do for Amerciaments and Fines had and assessed in the same Leet 19 H. 7. 12. § 1 N. 13. Women XXVII 11 H. 7. 2. § 1. N 14. Provided always that deminution of punishment of Vagabonds and Beggars aforesaid may and shall be had for women great with Child and men and women in extream Sickness by him that hath authority to do the said punishment 19 H. 7. 12. § 1. N. 17. Alen. XXVIII 22 H. 8. 10. For as much as before this time divers and many outlandish people calling themselves Aegyptians using no Craft nor Feat of Merchandise have come into this Realm and gone from Shire to Shire and place to place in great Company and used great subtlety and crafty means to decline the people bearing them in hand that they by Palmestry could tell Mens and Womens fortunes and so many times by Craft and Subtlety have deceived the people of their mony and also have committed many and hainous Felonies and Robberies to the great hurt and deceit of the people that they have come among 1 2 Ph. Mar. 4. Forfeiture XXIX 22 H. 8. 10 § 2. N. 1. Be it therefore c. ordained c. that from henceforth no such person be suffered to come within this the Kings Realm and if they do then they and every of them so doing shall forfeit to the King c. all their Goods and Chattels and then to be commanded to avoid the Realm within fifteen dayes next after the commandment upon pain of imprisonment 39 Eliz. 3. § N. Lamb. 437. Seisure XXX 22 H. 8. 10. § 2. N. 2. And it shall be lawful to every Sheriff Justice of Peace and Escheator to seize to the use of our Sovereign Lord his Heirs and Successors all such goods as they or any of them shall have and thereof to make account to our said Sovereign Lord in his Exchequer Enquest XXXI 22 H. 8. 10. § 2. N. 3. And if it shall happen any such Stranger hereafter to commit within this Realm any Muder Robbery or any other Felony and thereof be Indicted and Arraigned and to plead not Guilty or any other plea tryable by the County that then the Enquest that shall pass between the King and any such party shall be altogether of English-men albeit that the party so indicted pray medietatem Linguae according to the Statute Anno 8 H. 6. viz. 8 H. 6. 29. § N. or of any other Statute thereof made Exile XXXII 22 H. 8. 10. § 3. N. 1. Provided always that the Aegyptians now being in this Realm have monition to depart within sixteen dayes after Proclamation of this Statue amongst them shall be made upon pain of Imprisonment and forfeiture of their goods and Chattels and if they then so depart that then they shall not forfeit their Goods nor any part thereof this present Statute notwithstanding Restitution XXXIII 22 H. 8. 10. § 4. N. 1. Provided always that every such person or persons which can prove by two Credible persons before the same party that seizeth such Mony Goods or Chattels of the same Aegyptians that any part of the same Goods Mony or Chattles were craftily or Feloniously taken or stolen from him shall be incontinently restored unto the same Goods Mony or Chattels whereof he maketh such proof before the same party that so seizeth the same Mony Goods or Chattels upon pain to forfeit to the same party that maketh such proof the double value of the same by action of debt bill or otherwise in any of the Kings Courts to be sued upon which action and suit he shall not be admitted to wage his Law nor any protection or Essoin to be allowed any thing in this Act to the Contrary notwithstanding Seisures XXXIV 22 H. 8. 10. § 5. N. 1. Provided always and be it further Enacted that if any Justice of Peace Sheriff or Escheator which by Authority of this Act have power to take or seize any Goods or Chattells of any Aegyptians at any time hereafter do seize or take the Goods or Chattels of any such Aegyptians that then every such Justice Sheriff or Escheator doing the same shall have keep and retain to his own use the moity of all such Goods so by him seized and of the other moity so by him taken or seized shall make answer and accompt to the King in his Exchequer according to the tenor of this present act any thing in the same act contained to the contrary hereof notwithstanding and that upon any account hereafter to be made for the said other moity of the same Goods the accountant shall pay no manner of fees or other charges for his account or discharge to be had in the Kings Exchequer nor elsewhere XXXV Lambert 2 Cap. 7. pag. 195. 196. Seisure Every Justice of the Peace may within one month after the arrival seize all the Goods of any Outlandish persons calling themselves Aegyptians that shall come into this Realm and may also keep the one moity thereof to his own use making account to the King in the Exchequer for the other moity And every person that can prove by two Credible Witnessess before him that so seizeth that any of those Goods were craftily or feloniously taken from him shall be incontinently restored thereto before the party that so seizeth them upon pain of the double value thereof to be forfeited to such Prover 22 H. 8. 10. § But note that after the Month the offence is made Felony and then it seemeth the King is to have the Goods wholly 1 2 Ph. Mar. 4. § N. XXXVI Lambert 364. 365. And every Justice of the Peace is allowed to retain to his owe use the one moity of all strangers Goods Seisure
and is allowed to beg for his fees by the space of six Weeks and in case he can get no Master to work with in the said term then he is assigned to pass directly to Dale in the County of Kent where he saith he was born or last dwelled for the space of three years and he is allowed fourteen days next after the said six weeks for his passage thither or such number of days as to him shall be limited by the discretion of the maker of the said Letter in witness whereof the Seal of the Prison from which he was delivered thereunto is set and in such Shires where their is no Goal the Sheriff thereof for the time being shall cause a Seal to be Engraven with the name of the Shire and shall order and use the same Seal to and from such persons delivered as is aforesaid after like manner and form as the Goaler or Keeper of the Goal is limited and appointed to do by this act 27 H. 8. 25. 26 § 6. Fees LXXXVI 22 H. 8. 12. § 19. N. 1. And it is also Enacted that every Clerk of the Peace of the Shire within the which such person shall be delivered and every Common Clerk of every City Borough or Town Corporate within the which any such person shall be delivered shall make for every such person as shall be so delivered where they be such Officers the said Letter in form abovesaid without any fee taking for the same and shall deliver every such Letter to the Goaler or Keeper of the Prison from the which such person shall be delivered And if there be no Goaler there then to the Sheriff of the Shire where such deliverance shall be had within one day next after the end of the Sessions where any such deliverance is had upon pain to lose and forfeit for default of every Letter 12 d. to the King our Soveraign Lord. Escape LXXXVII 22 H. 8. 12. § 19. N. 2. And that the Goaler or Keeper of the Prison from the which the said person shall be so delivered and in case there be no Goaler then the Sheriff of the Shire where any such deliverance shall be had shall not suffer any such person to go abroad to beg for his fees nor depart out of Prison except it be to service or labour unless the same Goaler or Sheriff first deliver to the said person the said Letter containing his Name Sealed with the Seal of the Prison from the which he shall be delivered or else with the Seal Engraved with the Name of the Shire if there be no Prison upon pain for every default to lose 12 d. to our said Soveraign Lord. License LXXXVIII 22 H. 8. 12. § 20. N. 1. And it is Enacted that if any person c. So being delivered out of Prison at any time after the said Feast do beg not having the said Letter Sealed in form abovesaid or beg contrary to the Tenor of the same Letter that then he shall be taken ordered and whipped in every behalf like as is above appointed for strong Beggers and that to be done and executed by such as is above limited to do the same upon strong Beggers and in such wise and upon such pain as is afore limited for Non-Execution of the punishment of strong Beggers LXXXIX 22 H. 8. 12. § 21. N. 1. Charity Provided alway that it be lawful to every person c. Being bounden by reason of any Foundation or Ordinance to give or distribute any Mony in Alms and also to every person c. At Common Doles used at Burials or Obiits to give and dispose in Alms any Mony to every person c. Coming to such Alms or Doles after like manner and form as they have been accustomed to do in that behalf afore the making of this Act without any danger or penalty of this Estatute any thing contained in this present Estatute to the contrary hereof notwithstanding XC 22 H. 8. 12. § 22. N. 1. Provided also that it be lawful to all Masters and Governors of Hospitals Abbe to lodge and Harbor any person or Persons of Charity or Alms according to the Foundation of such Hospitals and to give Mony in Alms in as large manner and form as they are bounden or own to do any thing in this Statute to the Contrary hereof notwithstanding XCI 22 H. 8. 12. § 22. N. 2. And this Act to endure unto the last day of the next Parliament 35 Eliz. 7. § 25. N. 1. Continuance XCII 23 H. 8. 15. § 2. N. 1. Suits Provided always that all and every such poor person c. being Plaintiff c. in any of the said Actions Bills or Plaints which at the Commencement of their Suits or Actions be admitted by discretion of the Judge c. Where such Suits or Actions shall be persued or taken to have their process and Counsel of Charity without any Mony or fee paying for the same shall not be compelled to pay any costs by vertue and force of this Statute but shall suffer other punishment as by the discretion of the Justices or Judge afore whom such suits shall depend shall be thought reasonable any thing c. notwithstanding XCIII 27. H. 8. 25. 26 Where in an act Lieu. c. viz. 22. H. 8. 12. § 1. N. 3. Among other things it was Ordained Established and Enacted that every strong and valiant Begger and Vagabond after he were whipped for his Vagaboncy and Idleness should depart from the place where he was whipped directly unto such Town Hundred and County where he was born or were he had dwelled by the space of three years next before there to continue and abide And also that aged Poor and Impotent people should in likewise repair into every Hundred within the said Counties there to remain and continue according to the meaning and purparty of the said Act upon pains limited in the same c. XCIV 27 H. 8. 25. 26. § 2. N. 1. Taxes And forasmuch as it was not provided in the said Act viz. 22 H. 8. 12. how and in what wise the said poor people and sturdy Vagabonds should be ordered at their repair and at their coming into their Counties nor how the Inhabitants of every Hundred should be charged for the relief of the same poor people nor yet for the setting and keeping in work and labour of the aforesaid valiant Vagabonds at their said repair into every Hundred of this Realm XCV 27 H. 8. 25. 26. § 2. N. 2. It is therefore now Ordained Constable c. That all and every the Mayors Aldermen Sheriffs Bailiffs Constables House-holders and all other head Officers and Ministers of every City Shire Towns and Parishes of this Realm at the repair and coming thither of such Poor Creature or sturdy Vagabond as is contained in the said Act viz. 22 H. 8. 12. shall most Charitably receive the same and order the same in manner
as many of the said Poor folks as by their discretion they shall think good a sufficient Licence under the seal appointed for the limit to go abroad to beg get and receive the Charitable Alms of the Inhabitants of the Country out of the said Parishes Cities and Towns so charged License CCXXXVII 2 3 Ph. Mar. 5. § 7. N. 3. In which Licence the places Towns and Parishes to which such Poor folks are by that License Licensed to resort shall in the same License be named limited and appointed be it one Hundred or more in the said County at the said discretion of the same Justices Lieu. CCXXXVIII 2 3 Ph. Mar. 5. § 7. N. 4. And if any of the said Poor folks so Licensed shall transgress the limits to them appointed and resort to beg at other places than is in the said License named the party so transgressing and offending to be taken for a Valiant Begger and punished according to the Statute c. viz. 22 H. 8. 12. and his or their License to be taken from them Corporation CCXXXIX 2 3 Ph. Mar. 5. § 8. N. 1. And be it further Enacted that where any of the said Cities Boroughs Towns-Corporate or Parish so surcharged is situate and standing in one County or two Counties of this Realm or situate and standing in one and immediatly adjoyning to another County of the Realm as the City of Bristow and Towns of Ludlow and Stanford stand that in those Cities the said Mayor Head-Officers and Inhabitants of every such City Borough Town-Corporate and Parish shall make Certificate unto the Justices of the said Counties adjoyning to the same Cities Boroughs Towns-Corporate and Parishes and the same Justices of the said adjoyning County or Counties to do give License and follow the order above remembred according as other Justices of the Counties in which the Parish surcharged standeth is limited and Authorized to do CCXL 2 3 Ph. Mar. 5. § 9. N. 1. And be it Enacted Corporation that in all Cities Boroughs and Towns-Corporate within which be divers Parishes the Mayors and Head-Officers of every the same Cities Boroughs and Towns-Corporate shall consider the state and Ability of every such Parish and if the same Mayor and Officers shall understand by their discretion that the Parishioners of every one of the said Parishes is of such Wealth and Honor that they have no poverty amongst them or be able sufficiently to releive the poverty of the Parish where they inhabit and dwell and also to help and succor poverty elsewhere further that then the said Mayor and Officers with the assent of two of the most honest of the Inhabitants and substantial of every such wealthy Parish shall consider the neediness of the Inhabitants of the other Parish or Parishes within the same City or Town-Corporate and move induce and perswade the Parishioners of the Wealthier Parish Charitably to contribute somewhat according to their ability towards the Weekly relief succor and consolation of the poor and needy within the other Parish or Parishes aforesaid where need is CCXLI. 2 3 Ph. Mar. 5. § 10. N. 1. And be it also Enacted that all and every such Poor folks as by any such License Notice are to be Licensed and authorized to resort out of the limits liberties and franchises of all and every such City Borough and Town-Corporate into any the said Counties to beg get and gather the Charitable Alms of good people shall at all times when the same go abroad to beg weare openly upon him or them both on the breast and the back of his or their uttermost Garment some notable Badge or Token to be assigned unto him by the Mayor or Head-Officers of the same City Borough and Town-Corporate or Parish with the assent of the Justices of Peace that shall grant the same License upon pain to be taken for a valiant begger and to be punished as afore is remembred and shall also carry his License with him upon like pain CCXLII. 2 3 Ph. Mar. 5. § 10. N. 2. This act to endure to the latter end of the first Session of the next Parliament Continuance 1 Eliz. 18. § 3. N. 5. CCXLIII 2 3 Ph. Mar. 5. § 12. N. 1. Provided always and be it Enacted London c. that all and every summ and summs of mony from henceforth to be collected or gathered within the City of London or the liberties of the same by vertue of this Act shall be paid over to the Governors of the Hospital called the Hospital of Christ-Church within the said City of London for the time being and shall be by them from time to time distributed and bestowed for the relief of the Poor of the said City according to their Wisdoms and discretions any thing in this Act mentioned to the contrary notwithstanding 14 Eliz. 5. § 27. N. 1. CCXLIV 5 Eliz. 3. § 1. N. 2. Be it Enacted c. that the Statute Continuance c. viz. 22 H. 8. 12. and also the Statute c. viz. 3 4 Ed. 6. 16. and every Article Clause Branch Sentence and other things contained in them and either of them other then such things as shall be by this present Act otherwise ordained and provided for shall stand and remain and be in their full force and effect and shall be also from henceforth justly and truly put in Execution according to the true meaning of the said several Statutes and every of them 14 Eliz. 5. § 1. N. 6. CCXLV 5 Eliz. 3. § 2. N. 7. And if the said Mayors Bailiffs Forfeiture Head-Officers Parson Vicar Curate and Church-warden or any of them fail in the doing and Executing of the premisses in form above declared viz. 2 3 Ph. Mar. 5. § 3. he or they so making default to forfeit for every such default 40 s. to be imployed to the use of the Poor of that Parish where he or they do inhabit to be levyed by the Collectors of the same Parish by way of distress or otherwise as is appointed by this Act for levying of like forfeitures Officer CCXLVI 5 Eliz. 3. § 3. N. 2. viz. None shall refuse but justly Execute Office of Gatherer c. upon pain to forfeit 10 l. the one moity thereof to the Church-wardens of the Parish where he or they shall be Elected Collector and the other moity thereof to the use and relief of the poor of the said parish to be levyed by the Church-wardens where they or he dwelleth of the Goods of the said Gatherer c. so refusing by distress or else by action of Debt Bill Plaint or Information to be brought or pursued by the said Church-wardens of the said parish where they shall dwell in any Court of Record or in the Court of any Lord of any Mannor within the said parish where the said Gatherer shall be so chosen in which suit
no protection or wager of Law shall be allowed or admitted for the party defendent Church wardens CCXLVII. 5 Eliz. 3. § 4. N. 1. And be it further Enacted c. that if the said Church-wardens or either of them shall refuse to sue for the said forfeiture or within two months next after the same cause of forfeiture shall be given shall not sue or take the remedy for the recovery thereof in such manner and form as before this present Act is limited and appointed that then the same Church-wardens so making default of suit shall forfeit and lose 20 l. of Lawful mony of England the one moity thereof to him or them that will sue for the same by action of debt bill plaint or information in any Court of Record or in the Court of any Lord of any Mannor within the Parish where the said Church-wardens shall dwell and the other moity to the use of the Poor of the said parish in which suit no Essoyn Protection or wager of Law shall be admitted or allowed for the party defendent Incumbent CCXLVIII 5 Eliz. 3. § 5. N. 2. Be it Enacted c. that every Parson Vicar Curate or Minister of every parish within this Realm shall yearly forevermore upon the Sunday before Midsummer in the Pulpit or some other convenient place in the Church give knowledge and warning at the end of some of the Morning service to the Parishioners then and there present to prepare themselves on the Sunday next after Midsummer day then next following to come to the Church and there to elect and chuse Collectors and Gatherers for the Poor according to the tenor of this Act. Incumbent CCXLIX 5 Eliz. 3. § 5. N. 3. And if the Parson Vicar Curate or Minister shall make default in giving of the said knowledge that then he or they so making default to forfeit and lose 40 s. towards the reparation of the said Church Church-wardens CCL 5 Eliz. 3. § 5. N. 4. And the Church-wardens of the said Parish to sue and distrain for the same in such form as before is appointed for the other forfeitures Account CCLI 5 Eliz. 3. § 6. N. 1. And further be it Enacted c. that the said Gatherers or Collectors for the Poor so to be chosen as is aforesaid shall make their Just account Quarterly to the Mayors or Chief-Officers of the said Cities Boroughs and Towns Corporate and in every Parish of the said Country to the Parson Vicar or Curate and Church-wardens of the Parish at which account such of the Parish as will may be present Account CCLII 5 Eliz. 3. § 6. N. 2. And when they go out of their Office they shall deliver or cause to be delivered forthwith upon the end of their accounts all such surplusage of mony as then shall remain of their Collection undistributed to be put in their Common Chest of the Church or in some other safe place to the use of the Poor at the oversight and discretion of the Mayor Officers and others before mentioned CCLIII 5 Eliz. 3. § 6. N. 3. And if the said Collectors or any of them do refuse to make their said account within the eight days next after request made to them for the same Account then the Bishop of the Diocess or the Ordinary of the place Chancellors or their Commissaries together with a Justice of Peace and the Church-wardens of the said parish or one of them shall have Authority by vertue of this Act upon complaint to them made to commit the said person or persons so refusing to Ward there to remain without Bail or mainprise until he or they so refusing shall make their said accounts before such persons as the said Bishop Ordinary Chancellors or Commissaries and Justices of Peace shall appoint and to make Immediate payment of the summs wherewith by determination of the said account they shall be charged CCLIV 5 Eliz. 3. § 7. N. 3. And if the person or persons Ordinary so sent for viz. 5 6 Ed. 6. 2. § 5. N. 2. of his or their froward or wilful mind shall obstinately refuse to give weekly for the relief of the poor according to his or their abilites that then the Bishop or Ordinary of the Diocess Chancellors or Commissaries shall have full power and Authority by vertue of this Act to bind the said obstinate and wilfull persons so refusing unto the Queen by recognizance in the the summ of 10 l. which conditition thereupon to be Indorsed that the said obstinate person so refusing shall personally appear before the Justices of Peace of the County where the same person shall then inhabit and dwel if it be out of any City Borough or Town-Corporate and if it be within any City Borough or Town-Corporate then before the Mayors Bailiffs or other Head-Officers of every such City Borough or Town-Corporate at the next General Sessions to be holden before the said Justices within the said County or at the next Court to be holden before the said Mayors Bailiffs or other Head-Officers within every such City Borough or Town-Corporate and that the same obstinate person shall not from thence depart without the License of the said Justices if he dwell out of any City Borough or Town-Corporate of the said Mayor Bailiff or other Head-Officers if he dwel within any such City Borough or Town-Corporate CCLV. 5 Eliz. 3. § 7. N. 4. And if any such obstinate person shall refuse to be bound as is aforesaid that then the said Bishop Ordinary Imprisonment Chancellor or Commissary shall have Authority by this Act to commit the said Obstinate person to prison there to remain without Bail or mainprise until the said obstinate person shall become bound as is aforesaid CCLVI. 5 Eliz. 3. § 8. N. 1. And further be it Enacted Justices c. that the said Justices or such of them as shall be at the said Sessions or the Mayor Bailiffs or other Head-Officers of every such City Borough or Town-Corporate if the said obstinate person do appear before them shall Charitably and gently perswade and move the said obstinate persons to extend his or their Charity towards the relief of the poor of the parish where he or she inhabiteth and dwelleth CCLVII 5 Eliz. 3. § 8. N. 2. And if he or she shall obstinately and wilfully stand in the same Taxes and will not be perswaded therein by the said Justices Mayor Bailiff or other Head-Officers that then it shall and may be lawful to and for the said Justices if it be out of any City Borough or Town-Corporate for the Mayor Bailiff or other Head-Officers of the same City Borough or Town-Corporate with the Church-wardens where the said obstinate person shall inhabit or one of them to sesse tax and limit upon every such obstinate person so refusing according to their Good discretions what sum the said obstinate person shall pay weekly towards the relief of the Poor
having Licence of the next two Justices of the Peace Licence to the place where they first hapned to Land or where they first entred into this Realm shall and may pass according to the purport of their Licence and intent of this Act of Parliament any thing herein contained to the contrary in any wise notwithstanding CCCIII. 14 Eliz. 5. § 10. N. 1. Be it also further provided that no Licence recited in this Statute shall give any manner liberty Licence or be of any manner force but only in the Shire whereof the grantor or grantees of such Licence shall be Justice or Justices of Peace CCCIV. 14 Eliz. 5. § 10. N. 2. Wherefore if the said party Licenced will have any further passage without the danger of this law Licence than the Shire where his first Licence is granted it shall be lawful for him to procure and get in every other Shire where he intendeth to pass one other Licence from two Justices of the Peace of the said Shire and so from Shire to Shire to the end of his Journy CCCV 14 Eliz. 5. § 10. N. 3. Be it also provided that this Act Husbandry nor any thing therein contained do in any wise extend to any Cockers or Harvest Folks that travail into any Country of this Realm for harvest work either Corn Harvest or Hay-Harvest if they do work and labor accordingly CCCVI 14 Eliz. 5. § 10. N. 4. Neither yet to any that hapneth to be robbed or spoiled by the way Robbery CCCVII 14 Eliz. 5. § 10. N. 11. Neither yet to any Serving-men Apprentice that be of honest behavior that be turned from their Masters or whose Master or Mistres shall be dead for the space of six months next after such turning away or death of such Master or Mistres so as every such Serving-man hath a testimonial from his Master or Mistres or from two Justices of the Peace of the same County declaring such turning away or such death of his Master or Mistres CCCVIII 14 Eliz. 5. § 11. N. 1. Provided always that it shall be lawful to the Lord Chancellor or Lord Keeper of the Great Seal of England Licence for the time being to make Licence under the said Great Seal as heretofore hath been accustomed and that the said Licence and Licences shall as largly extend as the contents of them will bear any thing herein to the contrary in any wise notwithstanding CCCIX 14 Eliz. 5. § 12. N. 1. Provided always and be it further Enacted Ouster le mers c. that this present Act or any thing therein contained shall not extend to make frustrate or void any safe Conduct Pasport or Licence made and granted or to be made and granted by the Lord Deputy of Ireland or by the Lord Governor of the Towns and Garrisons of Berwick or Carlile for time being or any other Chief Captain or Governor of any Castle or Fortress of the Queens Majesties or by any other in his or their absence having the said charge of the said Towns and Garrisons or by any of the Guardians of the three Marches towards Scotland or by any General Lieutenant or other Chief-Officer appointed by the Queens Majesty to have the charge and conduct of any Army Garrison or Power of men levyed or to be levyed by her Highness order and appointment and for the special service and affairs of Her Majesty her Heirs or Successors or by any Private Captain upon the dispersing of any Army only to any Souldier or Souldiers or any other person or persons whatsoever within this her Realms of England and Ireland passing by vertue thereof about his or their lawful business and affairs but that he or they shall and may quietly without any let or disturbance enjoy the benefit effect and true meaning thereof in as large and ample manner and form as heretofore hath been used and accustomed any thing in this present Act mentioned to the contrary in any wise notwithstanding Infant CCCX 14 Eliz. 5. § 13. N. 1. Provided always that this present Act or any thing therein contained shall not in any wise extend to the punishment of any such person or persons as by this Statue are limited for Rogues unless the same be of the age of fourteen years or above but that they and every of them under the age shall be punished with whipping or stocking as heretofore hath been used and appointed by the Laws and Statutes in that case provided and now repealed this Act or any thing therein contained to the contrary hereof in any wise notwithstanding Constable CCCXI. 14 Eliz. 5. § 14. N. 1. And it is further Enacted c. that if within any Town or Parish where any such Vagabond or Rogue shall happen to beg or make his abode contrary to the form of this Statute if the Constable or Tything-men be negligent and do not his or their best endeavour for the apprehension of such Vagabond or Rogue which there shall beg or make abode contrary to the form in this Statute limited or shall willingly suffer the said Vagabond or Rogue to escape from the punishment or order in this Statute prescribed that then the said Constable or Tything-men in whom such default shall be shall lose and forfeit for every such Vagabond and Vagrant person that shall be so suffered to beg or make abode within his Authority contrary to the form of this Statute 6 s. 8 d. Cottages CCCXII 14 Eliz. 5. § 14. N. 2. And forasmuch as Charity would that Poor Aged and Impotent persons should as necessarily be provided for as the said Rogues Vagabonds and sturdy Beggers repressed and that the said aged impotent and Poor people should have convenient Habitations and abiding places throughout this Realm to settle themselves upon to that end that they nor any of them should hereafter beg or wander about Justices CCCXIII. 14 Eliz. 5. § 14. N. 3. It is therefore Enacted c. that the Justices of Peace of all and singular the Shires of England and Wales within the limits of their Commissions and all other Justices of the Peace Mayors Sheriffs Bailiffs and other Officers and all and every City Borough Riding and Franchise within this Realm whereof they be Justices of the Peace within the limits of their Authority shall at or before the said Feast of Saint Bartholomew next coming divide themselves and so being divided shall within every of their several divisions and Authorities make diligent search and enquiry of all Aged Poor Impotent and decayed persons born within their said divisions and limits or which were there dwelling within three years next before this present Parliament which live or of necessity be compelled to live by Alms of the Charity of the people that be or shall be abiding within the limits of their Commissions and Authorities CCCXIV 14 Eliz. 5. § 14. N. 4. And shall upon that search made Records make a Register-Book
containing the Names and Surnames of all such Aged Decayed and Impotent Poor people as be within their said limits and Authorities which shall always remain with the said Justices Mayors Bailiffs or other Head-Officers or any one of them CCCXV. 14 Eliz. 5. § 14. N. 5. And when the number of the said Poor people forced to live upon Alms be by that means truely known Cottages then the Justices Mayors Sheriffs Bailiffs and other Officers shall within like convenient time devise and appoint within every of their several divisions meet and convenient places by their discretions to settle the same Poor people for their Habitations and abidings if the Parish within the which they shall be found shall not or will not provide for them CCCXVI. 14 Eliz. 5. § 14. N. 6. And shall also within like convenient time number all the said Poor people within their said several limits Apportionment and thereupon having regard to the number set down what portion the weekly charge towards the relief and sustentation of the said Poor people will amount unto within every their said several divisions and limits CCCXVII 14 Eliz. 5. § 14. N. 7. And that done they the said Justices Taxe Mayors Sheriffs Bailiffs and other Officers within every their several Commissions Authorities Divisions and limits shall by their good discretions Tax and assesse all and every the Inhabitants dwelling in all and every City Borough Town Village Hamlet and Place known within the said limits and divisions to such weekly charge as they and every of them shall weekly contribute towards the relief of the said Poor people CCCXVIII 14 Eliz. 5. § 14. N. 8. And the names of all such Inhabitants Taxed shall also enter into the said Register-Book Record together with their Taxation CCCXIX. 14 Eliz. 5. § 14. N. 9. And also shall by their discretions within every their said divisions and limits appoint to see Collectors Officers for one whole year to be appointed of the said weekly portion which shall Collect and gather the said proportion and make delivery of so much thereof according to the discretion of the said Justices Mayors Sheriffs Bailiffs and other Officers to the said Poor people as the said Justices Mayors Sheriffs Bailiffs and other Officers shall appoint them CCCXX 14 Eliz. 5. § 14. N. 10. And also shall appoint Overseers of the said Poor people by their discretions Overseers to continue also for one whole year CCCXXI. 14 Eliz. 5. § 14. N. 11. And if they do refuse to be Overseers then every of them so refusing Officer to forfeit 10 s. for every such default CCCXXII 14 Eliz. 5. § 15. N. 1. And be it further Enacted London c. that the Mayor of the City of London and the Mayor Sheriffs Baliffs and other Head-Officers of every other City Borough or Town-Corporate or his or their sufficient Deputy or Deputies within their Cities Boroughs and Towns-Corporate and the Constables or Tythingmen of all and every Hundred Rape and Wapentake within all and every such abiding place and places within their Hundreds limits and precincts as shall be appointed to settle the Poor people in shall once every month next after the said places so appointed be inhabited with the said Poor people according to the intent of this present Act of Parliament make a view and search of all the Aged impotent and Lame persons within the precinct of their Jurisdictions Lieu. CCCXXIII 14 Eliz. 5. § 15. N. 2. And all such person and persons as they shall find not being born within that division nor within the said Cites Boroughs or Towns-Corporate then shall they presently see the same Poor people not there born nor dwelling within the said three years except Leprous people and Bedrid people to be conveyed on Horseback in Cart or otherwise as shall seem best to their discretions to the next Constable and so from Constable to Constable the directest way till the said person and persons be brought to the place where he or she was born or most conversant by the space of three years next before Hospitals CCCXXIV 14 Eliz. 5. § 15. N. 3. And there to be put in the abiding place or one of the abiding places of that County appointed or to be appointed for the Habitation of the Poor people of that County there to be provided kept and nourished of Alms as is aforesaid upon pain of 20 s. every of the said Officers that is neglecting Vagabonds CCCXXV 14 Eliz. 5. § 16. N. 1. And be it further Enacted c. that if any of the said Poor people upon the appointment of the said Justices or other Officers refuse to be bestowed in any of the abiding places before mentioned but covet still to hold on their trade of Begging or after they be once bestowed in the said abiding place or places do depart and beg then the said person or persons so offending for the first offence to be accounted a Rogue or Vagabond in the first degree of punishment set forth by this Act in all points Pain CCCXXVI 14 Eliz. 5. § 16. N. 2. And if he she or they do the second time offend they to be esteemed as a Rogue or Vagabond in the last degree of punishment set forth by this Act in all points Forfeiture CCCXXVII 14 Eliz. 5. § 17. N. 1. And it is further Enacted c. that if any manner of person or persons appointed and Elected to be Collectors as is aforesaid shall refuse the said Office or shall after he hath agreed to it neglect the same he shall forfeit and lose for every offence to the use of the Poor of the same place 40 s. of lawful mony of England to be levyed by distress or recovered by Action Bill Plaint or Information in any Court of Record or Lords Court by the High-Constables or Tything-men aforesaid in which suit no Essoyn Protection nor Wager of Law shall be allowed or admitted to the party Defendent Constable CCCXXVIII 14 Eliz. 5. § 17. N. 2. And if the said High-Constables shall be remiss or negligent to sue or shall refuse to sue the said Collectors and every of them within two months next after such refusal or negligence in or by the said Collector that then the said High-Constables or Tything-men shall forfeit and lose 5 l. of lawful mony of England to the use of the Poor of the same place Justices CCCXXIX 14 Eliz. 5. § 17. N. 3. To be sued for by and in the name of two of the next Justices of the said place or places being out of the Cities Boroughs and Towns Corporate Corporation CCCXXX 14 Eliz. 5. § 17. N. 4. If within then by Mayor Bailiffs or other Head-Officers of the said Cities Boroughs or Towns-Corporate in any Court of Record or Lords Court by Action of Debt Bill Plaint or Information in which no Essoyn Protection or Wager of Law shall be
their general Quarter-Sessions Imprisonment CCCCLVII Lambert 602. The Justices of Peace or the more part of them may at any Quarter-Session give order for the erecting of Houses of Correction and for stocks of Mony and all other things necessary for the same or for the Government thereof and they may Banish or condemn to the Gallies such Rogues as shall appear to be dangerous 39 Eliz. 4. § N. and may brand them in the left Shoulder with a hot Burning Iron with a great Roman R. thereon 1 Jac. 7. CCCCLVIII Lambert 603. The Assignment and revocation of the Pensions for disabled Souldiers and Mariners Sessions must be made by the more part of the Justices of the Peace at the Quarter Sessions and they may there set fine upon the Treasurer that shall willingly refuse to pay any of the same Pensions 43 Eliz. 3. Crompt 94. CCCCLIX Lambert 369. If there be no nomination of Overseers of the Poor yearly according to the Statute Overseers 43 Eliz. 2. § N. Every Justice of Peace dwelling within the division shall forfeit to the Poor 5 l. CCCCLX Lambert 558. Clergy is taken from the dangerous Rogue Clergy that after he hath been Branded with a Roman R. and placed in labor shall be taken Begging again 1 Jac. 7. CCCCLXI Crompt 97. Every Authority given or to be given by any Baron of the Realm or by any of higher degree Games to Players of Enterludes shall be void and they shall be in the degree of Rogues ordained by a Statute 39 Eliz. 4. 1 Jac. 7. § N. CCCCLXII Crompt 97. And Glassmen Trades who go about the Country and sell Glasses shall be taken and punisht as Rogues 1 Jac. 7. § 3. N. 1. 39 Eliz. 4. § 15. N. 2. CCCCLXIII Crompt 97. Dangerous Rogues shall be in open Sessions of the Peace burned in the left Shoulder with a hot burning Iron Pain of the bredth of an English Shilling with a great Roman R. upon the Iron and to be so throughly burned upon the Skin and Flesh that the said Letter be seen and remain for a perpetual marke during his life and thereupon to be sent by the said Justices to the place where he abode if he hath any and if he hath none then to the place where he last abode by the space of a year if it can be known by his confession or otherwise and if that cannot be known then to the place where he was born to be placed in labor as a true Subject ought to be and after such punishment if any such Rogue so punisht offends in Begging or wandring against 39 Eliz. 4. or against the said Statute 1 Jac. 7. he shall be adjudged a Felon and shall suffer as a Felon and shall be tryed in the County where any such offender shall be taken and shall lose Clergy CCCCLXIV Crompt 97. Every one after two Months next after the end of this present Session of Parliament Beggers shall take or cause to be taken such Rogues Vagabonds and sturdy Beggers who come to their Houses to Beg Gather or receive any Alms and carry him or cause him to be carried to the next Constable or Tythingman on pain of forfeiture for every default 10 s. to be levyed and imployed as is limited by the said Statute 39 Eliz. 4. And for default to be levyed and imployed by the Lord of the Leet or his Officer where such offence is committed as the said persons authorized by the said Statute may have levy and imploy the same 1 Jac. 7. CCCCLXV Crompt 97. a. b. If the said Constable and Tythingman Constable do not cause such Rogue c. to be punisht according to the said Statute 39 Eliz. 4. and to be conveyed according to the purport of the said Statute he shall forfeit 20 s. for every such default to be levyed and imployed as by the said Statute is limited 1 Jac. 7. to continue to the end of the next Parliament not to prejudice John Dutton c. CCCCLXVI Crompt 97. b. See 39 Eliz. 4. touching Rogues Continuance Vagabonds who shall be said so c. and divers matters concerning them and how he shall be punisht continued until the end of the first Session of the next Parliament and then 43 Eliz. 2. § N. continued until the end of the first Session of the next Parliament which was 1 Jac. 7. whereby it was ordained that 39 Eliz. 4. should remain in force as long as 1 Jac. 7 § 8. N. 1. continued in its force 21 Jac. 28. § 1. N. 37. 61. Taxes CCCCLXVII Crompt 97. b. All Statutes concerning the punishment of Rogues made before 39 Eliz. 4. are thereby repealed but by 1 Jac. 7. § 8. N. 1. the Statute 14 Eliz. 5. concerning Rogues c. is revived and to stand in force until the end of the first Session of the next Parliament as to rating taxing levying receiving and imploying of Goal mony 21 Jac. 28. § 1. N. 13. 61. Justices CCCCLXVIII Dalt J. P. cap. 40. pa. 91. Any one of those Justices who may appoint Overseers for the Poor may also send to the House of Correction or common Goal such as will not imploy themselves in work being thereunto appointed by the Overseers according to the Statute 21 Jac. 28. Justices CCCCLXIX Dalt 40. pag. 91. Two or more Justices of Peace whereof one to be of the Quorum dwelling in or near the Parish or division c. shall yearly within one month after Easter under their hands and Seals appoint four three or two substantial Householders in every Parish to be Overseers of the Poor within the same Parish who shall joyn with the Church-wardens therein 21 Jac. 28. Account CCCCLXX Dalt 356. cap. 141. A warrant for Overseers to give up their accounts Infrà 481. To the High-Constables of the Hundred of c. Kent ss These are in His Majesties Name to charge and command you forthwith to give warning to the Church-wardens and other the Overseers of the Poor of every Parish within your Hundred that they do personally appear before us at N. at the sign of c. there upon Tuesday the _____ Day of _____ next coming by nine of the clock in the forenoon of the same day to yield up and to make a true and perfect account in writing subscribed with their names or Marks of all such summs of mony as they have received or rated and sessed and not received for and towards the relief of the Poor of their several Parishes and also of such stock to set their Poor on work as is in their hands or in the hands of any their said Poor to work and of all other things concerning their said office and hereof that they fail not at their and every of their perils Dalt 90. 94. cap. 40. and further we require you that you give warning to the pety Constables of every Town within your said Hundred that
their Sessions are bound to take notice of this tender and refusal And after they have there made the Party a second tender of the Oath Indictment and he refuseth it by which he incurs a Praemunire the Indictment against him to Convict and Attaint him of Praemunire must contain all the special Matter viz. That he stood Convicted or Indicted of Recusancy or that he had not received the Sacrament twice within the year next before or that passing through the Country and unknown being examined upon Oath he confessed or denied not c. as the Case is and that the Oath was tendred to him by the Bishop or two Justices of Peace Quorum unus c. and he refused it And that it was again tendred to him in open Court and he again refused it For in this Case the Mittimus is the ground upon which he must be proceeded against at the Assizes or Sessions But if the first tender and refusal be not expressed in the Mittimus or Warrant of Commitment there although there was a tender and refusal of the Oath before the Bishop or two Justices yet the Justices of Assize or Justices of Peace in their Sessions can take no notice of it but they must there tender him the Oath without reference to any prior tender which they may do by force of the General words any other person whatsoever 3 Jac. 4. § 14. N. 3. And if he refuse he incurs a Praemunire and in this Case the Indictment may be short and general scil That he was tendred the Oath in open Court and refused it c. And so it must be in all Cases where in truth there was never any prior tender and refusal 12 Co. 131 132. See 7 Jac. 6. § 26. N. 2. Whereby the power of the Justices of Peace is in some particular Cases enlarged in reference to this Oath of Allegiance Infrà Oath LXVII The Laws c. 179. Abr. 186. Vnto which Oath to take the said Person shall subscribe his or her Name or Mark 3 Jac. 4. § 15. N. 6. If a man refuse to take any word of this Oath 't is a refusal of the whole 1 Bulstr. 198. Lord Vauxes Case Proof LXVIII The Laws c. 190. Abr. 199. To the satisfaction of the said Justice of Peace 3 Jac. 4. § 27. N. 2. In this Case the Justice of Peace is sole Judge whether the Excuse the Party makes for his Absence be sufficient and sufficiently proved and the same cannot be brought into question elsewhere by the Party Justices LXIX The Laws c. 196. 197. Abr. 211. Where any Bishop or Justices of the Peace 3 Jac. 4. § 41. N. 1. The Justices of Peace have a twofold power given them by this Act in reference to the Oath of Allegiance 1. Out of Sessions and so any two Justices of Peace Quorum unus c. may tender the Oath to any Person by 3 Jac. 4. § 13. N. 2. Eighteen years old or above other than Noble men or Noble women 2. In their General or Quarter-Sessions and there they may by 3 Jac. 4. § 14. N. 2. 3. They may tender the Oath to any such Person who hath before refused it or to any Person whatsoever of or above that Age other than Noble men or Noble women Now whether the six Privy Counsellors here mentioned 3 Jac. 4. § 41. N. 1. may require the Oath of Noble men and Noble women in all Cases where the Justices of Peace may require the same of any Subject either in or out of Sessions Or only in such Cases where they may require it out of Sessions seems to be a Question For if the Power here given 3 Jac. 4. § 41. N. 1. to the six Privy Counsellors be the same with that of the Justices of Peace in their Sessions they may by force of this Act tender it to any Noble man or unmarried Noble woman whatsoever above Eighteen years old for the Justices of Peace in their Sessions by 3 Jac. 4. § 14. N. 2. may tender it there to any other Person whatsoever But if it be meant of the Power given the Justices of Peace out of Sessions 3 Jac. 4. § 13. N. 1. then the six Privy Counsellors can tender it by force of this Act 3 Jac. 4. § 41. N. 1. to such Noble men or unmarried Noble women only who stand Convicted or Indicted of Recusancy for not coming to Church or who have not received the Sacrament twice within the year next before or who passing through the Country unknown shall upon Examination confess or not deny their Recusancy or that they have not so received the Sacrament For the Solving of which Doubt it is to be considered 1. That the Bishop and not the Justices of Assize are here joyned with the Justices of Peace And these words 3 Jac. 4. § 41. N. 1. where any Bishop or Justices of Peace seem to bear this Construction viz. Either the one or the other indifferently may require the Oath and that can be intended only of the Power given out of Sessions for in Sessions the Bishop hath nothing to do But had the Justices of Assize been here added scil in all Cases where the Bishop Justices of Assize or Justices of Peace may require this Oath it had been clear that the Power here 3 Jac. 4. § 41. N. 1. given the six Privy Counsellors was as Extensive as that which 3 Jac. 4. § 14. N. 3. is given the Justices of Assize or Justices of Peace in their Sessions and they might have required the Oath of any Noble man or unmarried Noble woman whatsoever of competent Age. So if the Justices of Peace only had been here named it had been clearly intended of the Justices of Peace in either Capacity either in or out of Sessions But Bishop 3 Jac. 4. § 41. N. 1. seems here to be a Restrictive word and to give the Privy Counsellors no more power in respect of the Nobility than the Bishop had in reference to any other Subjects 2. These words In all Causes where c. 3 Jac. 4. § 41. N. 1. seem to be Restrictive likewise and Exclusive of some Causes but the power of Justices of Peace in Sessions 3 Jac. 4. § 14. N. 3. extends to all Causes and Persons under the degree of Nobility whatsoever which therefore cannot be here intended 3 Jac. 4. § 41. N. 1. but only some particular Causes Ejusdem generis which can be no other than the Causes before mentioned 3 Jac. 4. § 13. N. 1. wherein the Bishop or two Justices out of Sessions may deal scil where the Party was before Convicted or Indicted or had not received the Sacrament or passed unknown and confessed c. And yet as 't is reported 1 Bulstr. 197. the Lord Vaux's Case Pasch 10 Car. 1. is to the contrary For 't is said there he was Committed to the Fleet by the Privy Council for refusing the Oath of Allegiance
bound by Obligation with two sufficient Sureties unto the King his Heirs or Successors according to this Act 3 Iac. 4. § 19. N. 1. 11. Lambert 408 409. If any have said or sung Mass or have willingly heard Mass 23 Eliz. 1. § 4. N. 1. 12. If any Person have used or put in ure any Bull Writing or Instrument of Absolution or Reconciliation or of other sort gotten from the Bishop of Rome or See of Rome or from any Person claiming Authority from the same Crompt pl. 14 b. 17 b. 18 a. 13. Or have by colour of any such taken upon him to absolve or reconcile any persons or have published any such Bull or Instrument 14. Or if any Person have received such Absolution or have procured abetted or counselled any such Offender to the intent to uphold such offence 15. If any Person have after such offence aided comforted or maintained such Offender to the Intent to uphold the Authority of the said See of Rome Crompt 14 b. 16. If any Person to whom such Bull or Instrument hath been offered or perswaded hath not within six weeks next after signified the same to some of the Kings Privy Council or to the Kings Privy Council or to the Lord President of the North or of Wales Crompt 14 b. 168 b. 17. If any Person have brought hither from the Bishop or See of Rome or from any Person Authorized or claiming to be Authorized by any of them any Agnus Dei Crosses Pictures Beads Graile or such like Superstitious things and have the same delivered or caused or effected to be delivered to any the Kings Subjects to use or wear in any wise and if any Person have to such intent received or taken the same and have not apprehended the offender thereof nor within three days after disclosed him to the Ordinary or to some Justice of the Peace nor within one day delivered the thing to some Justice of the Peace 13 Eliz. 2. § 8. N. 1. Crompt 14 b. 15 a. Dalt 105. cap. 45. 18. If any Person being at liberty or out of hold have since 8 May 27 Eliz. wittingly and willingly received aided or maintained within any part of his Highness Dominions any Jesuit Seminary Priest or such other Priest Deacon or Religious or Ecclesiastical person being born within this Realm or any his Highness Dominion's and at any time since Midsummer 1 Eliz. made ordained or professed by any Authority derived challenged or pretended from the See of Rome knowing him to be a Jesuit Seminary Priest or other such Priest Deacon or Religious or Ecclesiastical Person 27 Eliz. 2. § 4. N. 1. Crompt 45. Certification CIX Lambert 367. 368. That Justices of Peace which doth not within fourteen days after matter uttered to him concerning any Agnus Dei c. signifie the same to one of the Kings Privy Council shall incur the pains of 13 Eliz. 2. § 5. N. 1. And that Justice of the Peace which aâter discovery made unto him by any Person that any Jesuit Seminary or other Ecclesiastical or Religious Person professed by any Authority from the See of Rome is abiding within any the Kings Dominions shall not within Twenty Eight days then next following give information thereof to some of the Kings Privy Council or to one of the Presidents in Wales or in the North shall forfeit for every such offence CC Marks 27 Eliz. 2. CX Lambert 368. Certificate Those Justices of Peace that neglect to certifie at the next General or Quarter-Sessions the Oaths taken in the submission of any Person reconciled to the See of Rome returning into this Realm shall lose xl l. 3 Jac. 4. § N. CXI Lambert 412 413 414. Religion Inquiry in Sessions if any Person being above the Age of sixteen years and not having lawful and reasonable excuse to be absent have not repaired and resorted unto his or her Parish Church or Chapel accustomed or upon let thereof to some usual place where Common Prayer is to be used upon every Sunday and other Holy-day and have not there orderly and soberly abiden during the time of such Common Prayer Preaching or other service of God and how long such Person hath forborn so to repair and resort 1 Eliz. 2. § 4. N. 1. 23 Eliz. 1. § 5. N. 1. Crompt 13. Dalt 104 105. cap. 45. 2. If any Person have after one Month after the making of this Statute willingly maintained retained relieved kept or harbored any Servant Sojourner or stranger not repairing to some Church Chapel or usual place of Common Prayer to hear Divine Service by the space of one Month together not having a reasonable excuse other then such as harboreth his Father or Mother not having other sufficient maintenances or the ward of any person or any person committed to the Custody of any by Authority or have retained or kept in service fee or livery any not repairing to some Church as before by the space of a Month together knowing the same 3 Iac. 4. § N. 3. If any conformed Popish Recusant have not within the first year after he hath conformed him or her self and after the said first year once in every year following at the least received the blessed Sacrament of the Lords Supper in the Parish Church where he or she have most usually abiden within the said year and if there were no Parish Church in the Church next adjoining And if he or she have received the said Sacrament as aforesaid and after have eftsoons offended in not receiving the same as is aforesaid by the space of a year 3 Iac. 4. § N. 4. If any Popish Recusant or other Seditious Sectary which is by any the Statutes 35 Eliz. 1. 2. to be abjured this Realm and all his Majesties Dominions have either refused to make such abjuration or making it have not gone to such Haven within such time as was to him therefore appointed and have not from thence departed this Realm or after such departure have returned unto any his Majesties Dominions without his special licence 35 Eliz. 1. § 2. N. 1. 35. Eliz. 2. § 8. N. 4. 5. If any Person have kept or maintained any Schoolmaster which resorteth not to the Church or is not allowed by the Bishop or Ordinary of the Dioces 23 Eliz. 1. § 6. N. 1. Crompt 16. CXII Lambert 598. 599. Justices The Justices of Peace may in their open Quarter-Sessions enquire of hear and determine all offences except Treason and Misprision of Treason committed against 23 Eliz. 1. § 9. N. 2. made for retaining the Kings Subjects in their due Obedience Supra Lambert 607. or 3 Iac. 4. § 2. They may also in their open Quarter-Sessions Enquire of such as do extol the usurped Authority of the See of Rome against 5 Eliz. 1. § 3. N. 1. and the Clerk of the Peace must read that Act at every of the Quarter-Sessions Abjuration CXIII Lambert 605 606 607. The abjuration of a Seditious
full Term next after the Forty days on pain of C l. by every Justice of Peace before whom it s taken and that doth not make such Certificate 5 Eliz. 1. CXXIX Crumpt 169. Accessory Enquiry at Sessions if he that hath received any Agnus Dei Pictures Beads Crosses or such like superstitious and vain things mentioned in 13 Eliz. 2. § 7. N. 2. to be used or worn in any manner within any of the Kings Dominions contrary to the said Statute and doth not deliver it to a Justice of Peace of the same County within a day after the receit thereof And also if he doth not apprehend him who so offered it if he be of power to do so Or if he be not of such Power if he doth not disclose his name and place of his habitation or of abode which he hath endeavoured to know to the Ordinary of the same Dioces or to a Justice of Peace of the same County within three days after such offer he shall incur the pain of 16 R. 2. 5. § 2. N. 6. of Praemunire Dalt 105. cap. 45. CXXX Crompt 193 b. Church It must be enquired within the year and day of such who being above Sixteen years old absent themselves from Church for a month or for a year contrary to 23 Eliz. 1. § 8. N. 1. CXXXI Lambert 582. Oath The Abjuration of a seditious Sectary being made in the open Quarter-Sessions of the Peace ought to be certified from thence to the Justices of Assize at the next Assizes 35 Eliz. 1. § 2. N. 3. Submission CXXXII Dalt 104. cap. 45. Any one Justice of Peace may require the submission and declaration of Conformity to his Majesties Laws of Recusants and Sectaries within three Months after their Conviction c. and in default of such Submission may require them to abjure the Realm which Abjuration notwithstanding shall be in open Sessions 35 Eliz. 1. § 2. N. 1. Lambert 333 334. Supra Religion CXXXIII Dalt 105. cap. 45. Also this repairing to Church 1 Eliz. 2. § 14. N. 1. 23 Eliz. 1. § 5. N. 1. 3 Jac. 4. § 27. N. 1. every Sunday must be as well to Evening Prayer as to Morning Prayers for it ought to be an intire Day and an intire Service and so Sir Richard Hutton one of the Justices of C. B. did deliver it in his Charge at Cambridge Lent-Assizes 1 Car. 1. and therewith agreed Sir Robert Bartlet at Summer Assizes 9 Car. 1. Dalt Edit 1666. pag. 134. cap. 52. Licence CXXXIV Dalt 379. cap. 124. A Licence for a Recusant to travel c. Supra not sufficient Whereas R. C. of L. in the County of C. being a Recusant Convicted hath confined himself to L. aforesaid being the usual place of his abode according to the Statute made in the Five and thirtieth year of the Reign of our late Soveraign Lady Queen Elizabeth 35 Eliz. 2. § 12. N. 1. Know ye that we c. five of the Kings Majesties Justices of the Peace within the said County do by the Consent of the Right Reverend Father in God Nicholas by Gods Providence Lord Bishop of Ely at the request of the said R.C. for the dispatch of his urgent and necessary business grant and give licence to the said R. C. to travel out of the Precincts or Compass of Five miles limited by the said Statute at all times until the first day of November next coming Rome and at the said first day of November to return again to L. aforesaid In Witness c. 3 Jac. 5. § 6. N. 4. CXXXV Lambert Precedents 1 pl. 2. An Indictment for extolling the Authority of the Pope Juratores super Sacrament ' suum present ' pro Dom. Rege quod J.S. de C. in Com. predict ' Clericus xx die mensis Aprilis An. Regni Serenissimi Dom. nostri Jacobi Dei Gratia Angliae Franciae Hiberniae Regis Fidei Defensoris c. apud D. in Comitatu predict ' scienter consideratè malitiose directè palam in presentia multorum dicti Domini Regis nostri nunc subditorum affirmavit defendit Autoritatem Papae Romani Ecclesiasticam in hoc Regno Angliae preantea usurpatam Hiis expressis verbis Anglicanis seqentibus viz. I swear by the blessed Mass and will avow that our holy Father the Pope of Rome is the Supream Head of the Church of England In magnam derogationem Regiae Autoritatis Prerogative dicti Domini Regis nostri ac contra Coronam Dignitatem suam nec non contra formam diversorum Statutorum in hujusmodi casu editorum provisorum Quod A. B. de D. predict ' in Comitatu predict ' Wax-chandler sciens predict ' J.S. dicta verba locutum esse ac dicti Papae Autoritatem modo forma ut prefertur defendisse ipsum J. S. apud D. predict ' postea scil secundo die dicti Mensis Aprilis An. supradicto consolatus est comfortavit ex industria ex proposito ad eam intentionem ut idem A. B. promoveret efferret prefatam dicti Papae Autoritatem usurpatam in pernitiocissimum aliorum exemplum ac contra Coronam Dignitatem dicti Domini Regis nostri nunc ac etiam contra formam diversorum Statutorum in ejusmodi casu provisorum editorum West Symbol 2 part 131 b. Sect. 210. Rome CXXXVI Lambert Precedents 1 b. pl. 3. A Presentment for absolving from the Kings Obedience Inquiratur pro Domino Rege si A. B. de C. in dicto Comitatu Clericus sexto die Mensis Maij Anno Regni Domini nostri Jacobi Dei Gratia Angliae Franciae Hiberniae Regis Fidei Defensoris c. apud C. predict ' in Comitat ' praedict ' voluntariè proditoriè conatus est procuravit absolvere persuadere seducere quandam Johannam W. de C. predict ' in Comitatu predict ' viduam à naturali obedientia subjectione sua Quam eadem Johanna erga dictum Dominum nostrum Regem gerere debet ad obediendum pretensae Autoritati Sedis Romanae tunc ibidem proditoriè prae se ferens asserens se habere potestatem fa cultatem id faciendi tunc ibidem proditoriè dicens eidem Johanni in his Anglicanis verbis sequentibus Mother Jone you shall have a black Soul I tell you if you do not the sooner forsake the King Innuendo predict ' Dominum nostrum Regem nunc and his Heirs and yield your self to the obedience of our Mother Church the holy See of Rome ac contra Pacem dicti Domini nostri Regis Coronam Regalem Dignitatem suam ac contrà formam Statuti in Parliament ' Dominae Elizab. nuper Reginae Angl. tento apud Westm in Com. Middlesex Anno Regni sui vicessimo tertio in hujusmodi casu provisi ac editi West Symbol 2 part 132. Sect. 211. CXXXVII Lambert Precedents 2. pl. 4.
appear gratis to avoid an Attachment of his Body 3 Ed. 4. 16. Jours Br. 2. 16 And this is the Reason it s Entred ipse non venat Dalt 404 405. cap. 132. 3. Jacobus c. Vicecom ' c. salutem Pluries Precipimus tibi sicut pluries tibi Precipimus quod non omittas c. Ad quem diem A. B. Armiger Vicecom ' Comitat ' predict ' Retorn ' quod predict ' C. D. Non est inventus in c. ipse non venit ideo Precept ' est quod Exigi facias c. Dalt 406. cap. 132. Exigint 4. Jacobus c. Vicecom ' c. salutem Precipimus quod Exigi facias C. D. A. in Com. tuo Yeoman quodque secundum legem consuetudinem Regni nostri Angliae Utlagatur si non comparuerit si comparuerit tunc eum Capias Salvo Custodiri facias Ita quod Habeas Corpus ejus Coram Justiciariis Pacis nostrae nec non Justiciarijs nostris ad diversas Felon ' Transgr ' alia Malefacta in eodem Comitatu tuo perpetrat ' audiend ' terminand ' Assignat ' ad Generalem Sessionem Pacis Comitatus tui proximè post Festum Sancti Mich ' Archangeli proximum futur ' tenend ' ubicunque in eodem Comitatu teneri contigerit ad respondendum Nobis de diversis Transgr ' Contempt ' Offensis de quibus ipse Indictus existit habeas ibi tunc hoc breve Teste c. H. apud Staff 8. die Sept. Anno Regni c. Dalt 406. cap. 132. Ad quem diem A. B. Armiger Vicecomes Com. predicti Retorn ' quod ad Com. Staff tentum apud Stafford quinto die Maij Anno Regni Domini Regis nunc secundo hic ad quatuor alios Com. tunc proximè sequent ' Ibidem tent ' predict ' C. D. exactus âuit non comparuit ideo Utlagatus fuit XXXV Crompt 233 And he must shew the days when the Counties were as it seemeth Process Br. 149. Dayes 2. Note Where the Process Issueth upon an Endictment of Felony then the first Process shall be a Capias and then a Capias alias and then an Exigent and the Entry of the Process shall be ut supra mutatis mutandis 3. Nota That an Entry must be made in the Roll with the Clerk of the Peace which shall be a Warrant of every Process that shall be Awarded as it seemeth And 2 R. 3. 12. it appears that the Writ must be Warranted by the Roll See Dyer 211. 4. And a Man that hath day to appear by the Roll or is to have corporal Penance or is to loose an Inheritance if he doth not come there he shall be received to appear notwithstanding the Writ be not retorned served which see Kell 166 b. pl. 10. H. 7. 11 b. Jours 29. Br. 93. XXXVI Dalt 329. Cap. 117. Recites Crompt 148 Supra Monstr And I once received a Warrant brought me by one Thomas Evans a Pursevant or Messenger of his Majesties Chamber Anno 1607. under the hand of the Right Honourable Thomas Lord Ellesmore Late Lord Chancellor of England for the apprehending of one James Malin for a matter of Contempt and the said Warrant was in general words scil to Answer to such Matters as were to be objected against him without any special Cause therein mentioned infra 2. Also I saw another Warrant 3 Jac. granted under the hand of Popham Chief Justice to bring one Edmonds of Barnwel by Cambridge before him to answer to such Matters as he had to object against him on the Kings Majesties behalf without any special Cause or Matter therein set down Libr. Intr. 83. 3. But it is not safe for a Justice of Peace to grant out his Warrant with a blank for about 30 Eliz. one wrote to Sir J. R. a Justice of Peace to send him a Precept or Warrant with a blank that he mâght put therein one whom he would Attach upon Suspition of Felony and the Justice of Peace did so granting a Warrant with a blank where he neither knew the Parties Name nor the Matter and for this the Justice was fined in the Star-Chamber as Crompt Jurisd 34. Laches XXXVII Dalt 330. cap. 117. Also the Justices of Peace in divers Cases do use to grant their Warrant against a Man for his neglect or other default as for refusing to pay down rates and the like and such Warrant may be either to attach the Offender to be at the next Sessions there to answer c. or else to bring the Offender before the said Justice or any other Justice c. who finding Cause may bind such an Offender to appear at the next Sessions to answer the said default Lambert 187. Supra 2. And wheresoever any Statute doth give Authority to the Justices of Peace to cause another Person to do a thing there it seemeth they have Power given them of congruity to grant their Warrant to bring such Person before them that so they may take Order therein Lambert 512 supra Suggestion XXXVIII Dalt 330. 331. cap. 117 But I find it much controverted 14. H. 8. 16. Peace Br. 6. Commission Br. 3. Crompt 147 b. Lambert 188. 189. supra Whether a Justice of Peace may grant a Warrant to Attach Persons suspected of Felony or against Offenders upon a Penal Statute unless such Persons or Offenders be first thereof Indicted for that the Justice of Peace as he is a Judge of Record so it is said he must have a Record whereupon he doth Award his Process or Precept 2. For the first Some hold that the Justice of Peace may grant his Warrant to Attach Persons suspect of Felony for that it seemeth in the first assignavimus in the Commission § 13. and by 5 Ed. 3. 14. § N. that any one Justice of Peace may cause the Constables to Arrest and imprison Offenders suspect of Felony c. and how shall the Justice of Peace cause this to be done but by his Warrant or Commandment 3. Again If a Felony be done there is no doubt but that every Private Man without a Warrant may Arrest whomsoever he suspecteth of it being a Man of Evil Fame c. but if the Offender being pursued shall resist Quaere who shall be aiding to a Private Man whose Goods are stoln and who suspecteth another to have stoln them either to search for his Goods or to apprehend the Party suspected if the Justice of Peace by his Warrant shall not command the Constable to aid him therein If it be objected that the Constable may do all this of his own Authority upon request to him made by the Party Robbed be it true yet we find by common Experience that the Constables without the Justices Warrant therein are for the most part both very fearful and also remiss herein as neither knowing their own Authority nor the Danger 4. Besides this is no new thing for
there is such a President in the old Book of Justices of Peace Impress 1561 fol. 41. yea it is the common Practice at this day and it seemeth to be very serviceable and of two Evils the less is to be chosen scil that an Offender or suspected Person should be Imprisoned for a time though sometimes wrongfully than that one which hath committed a Felony should escape unpunished 5. Next Indictment For the Justices of Peace to bind one or to grant a Warrant against Offenders upon any penal Statute to appear at the Sessions to answer to their Offences or fault though such Statute be within the Power of the Justices of Peace yet such Warrant or binding over of such Offenders may seem not Warranted unless it be specially so appointed in the Statutes But such Offenders ought first to be Indicted and thereupon Process from the Sessions is to be Awarded against them untill they come in c. 6. And yet there be sundry Precedents of Attachments made from one Justice of Peace against Labourers c. but these may seem also to have been Warranted c. by 25 Ed. 3. 6. § 1. N. 1. which Statute is now repealed by 5 Eliz. 4. § 2. N. 1. Lambert 187. supra 7. Also it is usual by way of prevention to bind by Recognizance such as do Tramel for Larks that they shall destroy no Partridges As also to bind by Recognizance Butchers and all Victuallers that they shall not kill nor dress any Flesh in Lent time contrary to the Laws and for these purposes the Justices of Peace do grant out their Warrants to convent the said Persons before them for Victuallers viz. Taverners Inholders Alehouse-keepers Keepers of Ordinary Tables and other Victuallers I have known sundry Proclamations which seem to Warrant the Justices of Peace therein but for the other what Law or Warrant there be for it I know not untill the Offender be Convicted XXXIX Dalt 332. cap. 117. Officer The Officer to whom any Warrant shall be directed and delivered ought with all speed and secrecy to seek and find out the party and then to execute his said Warrant 2. And an Officer giveth sufficient notice what he is when he saith to the Party I Arrest you in the Kings Name c. and in such Case the Party at his Peril ought to obey him though he knoweth him not to be an Officer And if he have no lawful Warrant the Party grieved may have his Action of false Imprisonment against him XL. Dalt 333. cap. 117. Notice Where there be two or three known by the Name of J. S. of D. Yeoman and upon a Warrant or other Process granted out against one of them another of them is Arrested an Action of false Imprisonment will not lye against the Officer for this for the Officer is not bound at his Peril to take notice which of them is the Offender c. and perhaps no particular Offence is mentioned in the Warrant Yet see L. 5 Ed. 4. 51 84. pro contra 11 H. 4. 90. Crompt 174. supra ideo Quaere 2. Where a Warrant is granted out against J. N. the Son of W. N. and the Officer thereupon Arresteth J. N. the Son of T. N. although in truth he be the same Person that Offended and against whom the Complaint was made yet this Arrest is tortious and the Officer Subject to an Action 10 Ed. 4. 12. Faux Imprisonment Br. 38. 3. The Officer upon any Warrant from a Justice of Peace for the Peace or Good-behaviour or in any other Case where the King is a Party may by force break open a Mans house to Arrest the Offender c. XLI Dalt 334. cap. 117. Examination If a Justice of Peace shall grant his Warrant to one to apprehend another for Murder Robbery or Felony it shall be safe for the Justices upon delivery of the said Warrant to take upon Oath the Examination of the said Party that requireth the Warrant or at least to bind him over by Recognizance to give Evidence at the next Goal-delivery c. against the Offender lest that afterwards when the Offender shall be brought by the Officer before the Justice upon his said Warrant or else happen to yield himself to the said Justice then the Party that procured the Warrant be gone Lambert 210 211. Proof 1. 2. For by credible report I am informed that one having procured a Warrant from a Justce of Peace in Suffolk against another for Robbery done upon the Highway and the Justice upon the delivery of his Warrant not having bound over the Complainant to give Evidence nor taken his Examination c. that at the next Assizes and Goal-delivery the Party charged with the Robbery came and offered himself to the said Justice of Peace who immediately acquainted Sir Thomas Fleming then Lord Chief Justice and Judge of Assize there with the whole matter but the said Judge much blamed the said Justice of Peace for not having bound over the said Complainant at the first when be granted him the Warrant and charged the said Justice of Peace at his Peril presently to send for the Party Complainant to come to give Evidence c. and further directed the said Justice of Peace presently to bind over the Party charged with good Sureties for his Attendance and Appearance Dalt 352. cap. 121. Arrest XLII Dalt 335. cap. 118. If the Constable or other Officer upon a Warrant received from a Justice of Peace shall come unto the Party and require or charge or command him to go or come before the Justice c. this is no Arrest or Imprisonment and upon a Warrant for the Peace the Officer ought first to require the party to go before the Justice before he may Arrest him Lambert 93. supra Dignity 2. But the Justices of Peace are not to grant their Warrants for the Peace or the like against any Noble-man And yet if a Capias or Attachment shall be Awarded against a Baron or Peer of the Realm from the Kings Justices at Westminster for a Contempt Or in Case of Debt or Trespass the Officer without any offence of Law may execute the same for that the Officer is not to dispute the Authority of the Court. 3. Ecclesiastical Persons also may be Arrested and that by a Warrant from the Justices of Peace in some Cases Venire Fac. XLIII Dalt 405. cap. 132. The Venire Facias is thus Carolus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensoris c. Vicecom ' Com. Cantabr ' salutem Precipimus tibi quod non omittas propter aliquam libertatem in Balliva tua quin Venire Facias A. B. de C. in dicto Com. tuo Yeoman Coram R. M. Milite M. D. Armiger ' duobus Justiciar ' nostris ad Pacem conservand ' nec non ad diversas Felonias Transgr alia Malefacta in dicto Com. perpetrata audiend '
hath forborn so to repair and resort 1 Eliz. 2. § 14. N. 1. 23 Eliz. 1. § 5. N. 1. 3 Jac. 4. § 27. N. 1. XII Crompt 12. Ab. Ecclesiastical Persons As also you shall enquire if such Ecclesiastical Person who should say Common Prayer and Minister the Sacraments in any Cathedral or Parish Church or other place hath not within this year and day said and used the Matins Even-Song Celebration of our Lords Supper and the Administration of every of the Sacraments and all their common and open Prayers in such order and form as is mentioned in the Book of Common Prayer Authorized by Parliament and none other or otherwise supra 1 Eliz. 2. § 4. N. 1. 2. By the said Statute 23. Eliz. 1. § 8. N. 1. Justices of Peace may Enquire within the year and day of these Articles but they cannot hear and determine them but the Justices of Oyer and Terminer or of Assize may by 23. Eliz. 1. § 9. N. 1. hear and determine 3. But see if a Justice of Peace cannot Award Process upon the Endictment untill he appear and pleads to the Endictment Process and then for Tryal send the Record in B. R. to the intent it should be tried by Nâsi prius Or if he shall send the Endictment in B. R. immediately without Awarding Process because they have no Authority by the Statute 23 Eliz. 1 § 8. N. 1. but only to Enquire 4. It seemeth that he being Indicted hereof Amerciament shall make a Fine by the Discretion of the Court though no Fine is given in the case aforesaid by the said Statute 1 Eliz. 2. § 4. N. 5. because it is a contempt in as much as 1 Eliz. 2. § 3. N. 1. saith that he shall be bound to say and use c. ut supra Quaere the intent of the Statute in this point Fines pro c. Br. 21. 5. Every Priest though he be no Vicar Parson Encumbent or Stipendary Chaplain nor obliged nor bound by his Cure to serve c. is within the purview of 1 Eliz. 2. § 4. N. 1. by reason of the first Clause 1 Eliz. 2. § 3. N. 1. which is that all and singular Ministers in any Cathedral or Parish Church or other place c. which may be intended a Minister local and enducted and at length by the Opinion of all but one Dyer 203. pl. it was held That he shall be within the Statute and that by reason of this Clause 1 Eliz. 2. § 4. N. 1. That if any manner of Parson Vicar or other whatsoever Minister c. Whereby the meaning of the Parliament appears that the superstitious Service in the Church should be abolisht and the true Service planted in lieu thereof 6. And under this Term Minister every Priest is included and by this that he is Sacerdos he is bound ex Jure Divino to Celebrate the Lords Supper and the Orisons of the said Supper 7. And also it was held by all the Justices That this Term Clerk is sufficient to prove him a Priest or a Minister Pope XIII Crompt 13. Ab. § 8. Enquiry at Sessions if any hath sung or said Mass being thereof convict he shall forfeit CC Marks and shall be Imprisoned a year and thence untill he hath paid the said Sum 23 Eliz. 1. § 4. N. 1. 2. And if any one voluntarily hath heard Mass he shall forfeit C Marks and shall be Imprisoned for a year 23 Eliz. 1. § 4. N. 2. 3. See 5 6 Ed. 6. cap. 1. § 6. N 1. that none is bound to be present at any Common Prayer that is not according to the Book upon pain of Imprisonment c. see the Statute c. And by consequence such are not to be called before the Ordinary nor to be Indicted Church XIV Crompt 16. Ab. If any hath quarrelled by words only or chided or brauled in any Church or Church-yard being proved by two lawful Witnesses before the Ordinary of the Place where the Offence was commited he shall be suspended if he be a Lay-man ab ingressu Ecclesiae if he be a Clerk then from the Administration of his Office as long as the Ordinary shall think convenient according to the fault 5 6 Ed. 6. 4. § 1. N. 1. 2. If any one hath struck or laid violent hands upon any other in any Church or Church-yard he shall be deemed Excommunicate Ipso facto and shall be Excluded out of the Congregation of Christ 5 6 Ed. 6. 4. § 2. N. 1. 3. If any Maliciously strike any Person with any Weapon in any Church or Church-yard or draweth any Weapon there to such intent the Offender being thereof Convict by twelve or his own Confession or by two lawful Witnesses before the Justices of Peace in their Sessions he shall have one of his Ears cut off and if he hath no Ears he shall be markt in the Cheek with a hot Iron having the letter F. therein in token that he is a Fray-maker and shall stand also Excommunicate Ipso Facto 5 6 Ed. 6. 4. § 3. N. 1. Process 4. Nota That an Endictment only without Answer thereto made or Process of Utlary thereupon ended is no sufficient conviction in Law to have the Corporal Penance appointed by the said Statute 5 6 Ed. 6. 4. § 3. N. 1. Dyer 275 b. per Curiam Crompt 9 b. § 48. But whether he shall be said Excommunicate Ipso Facto without proof or due Tryal or without Sentence or proof of Witnesses before the Ordinary was doubted per Curiam Church 5. The King defends and commands that Fairs nor Markets hence-forward shall not be held in Church-yards for the honour of Holy Church 13 Ed. 1 Stat. 2 3 Winchester 6. § 1. N. 3. Lambert 414. 415. Scholars XV. Crompt 16. Enquiry at Sessions if any hath kept or maintained any School-Master who doth not resort to the Church as is mentioned 23 Eliz. 1. § 6. N. 1. or that is not allowed by the Ordinary of the same Dioces where such School-Master shall be kept he shall forfeit 10 l. for every Month for keeping of such School-Master The Laws c. 64. 65. Abr. 68. Lamberts Precedents 3. pl. 7. infra 2. And every School-Master presuming to Instruct youth contrary to this Act being thereof convict shall be disabled to be an Instructor of Youth and shall be Imprisoned for a year without Bail or Mainprise 23 Eliz. 1. § 7. N. 2. see 1 Jac. 4. § XVI West Symb. 2. part 114 b. sect 141. Endictment Inquiratur per Domina Regina si G. C. nuper de E. in Com. E. Clericus 26 Die Martij c. apud E. predict ' in Com. E. predict ' in quodum loco ibidem vocat ' the Vestry-house Juxta Ecclesiam Parochialem de E. predict ' in Com. E. predict ' voluntariè usus fuit privato alio Ritu Ceremonia forma modo Celebrationis Coenae
be of like force as the verdict of 12. Men c. 13 H. 4. 7. § 3. N. 1. And if such Offenders do traverse the matter so certified then the Certificate and Traverse shall be sent in B. R. to be tryed and determined as Law requireth infra 13 H. 4. 7. § 4. N. 1. And that the Justice of Peace Dwelling most nighest in every County or Under-Sheriff shall do Execution of this Statute every one upon pain of one C l. to be paid to the King as oft as they shall be found in default 2. Whereupon 19 H. 7. 13. § 1. N. 9. Addeth that if the said Riot Rout or unlawful Assembly be not found by the said Jury by reason of any Maintenance or imbracery of the said Jury then the same Justices and Sheriff or Under-Sheriff shall also Certifie the Names of the Maintainers and Imbraceors in that behalf if any be with their Misdemeanors that they know upon pain of every of the said Justices and Sheriff or Under-Sheriff to forfeit 20 l. if they have no reasonable excuse for not Certifying the same Lambert 366. 19 H. 7. 13. § 1. N. 10. which Certificate so made shall be of like force as a Verdict c. 19 H. 7. 13. § 1. N. 11. And every Person duly proved to be a Maintainer or Imbraceor in the same shall forfeit 20 l. to the King and shall be committed to ward there to remain by the Discretion of the Justices 3. Hereunto also 2 H. 5. 8. § 2. N. 5. adjoyneth further that the Kings Liege People being sufficient to Travel shall be assistant to these Justices Sheriffs or Under-Sheriffs when they shall be reasonably warned to ride with them in Aid to resist such Riots Routs and Assemblies upon pain of imprisonment and to make Fine and Ransom to the King 2 H. 5. 8. § 2. N. 1. Provided always that the said Justices Sheriff or Under-Sheriff shall do their said Offices at the Kings Costs in going tarrying and returning by payment thereof to be made by the Sheriff by Indenture between him and them of the said payment Lambert 365. 2 H. 5. 8. § 2. N. 2. And that such Rioters attainted of great and heynous Riots shall have one whole years Imprisonment at the least without being let out of Prison by Bail Mainprise or in any other manner during the year aforesaid 2 H. 5. 8. § 2. N. 3. And that Rioters attainted of petty Riots shall have Imprisonment as best shall seem to the King and to his Counsell 2. H. 5. 8. § 2. N. 4. And that the Fines of such Rioters attainted shall be by the same Justices Increased and put in greater Sums than they were wont to be put in such Cases before that time in Aid and supportation of the Costs of the Justices and other Officers aforesaid in this behalf 4. Now by 2 H. 5. 9. § 2. N. 1. If it be witnessed by two Justices of the Peace and the Sheriff by letters under their Seals to the Lord Chancellor of England that any Murders Manslaughters Batteries Robberies Assemblies of People in great number in manner of Insurrection or other Rebellious Riots have been done and that such Offenders have withdrawn themselves to the intent to Avoid the Execution of the Common Law then 2 H. 5. 9. § 1. N. 3. The Lord Chancellor may make a Writ of Capias and 2 H. 5. 9. § 1. N. 6. if need be a Proclamation c. Which Statute 2 H. 5. 9. Was made to endure to the next Parliament and so discontinued but it was revived by 8 H. 6. 14. § 1. N. 15. and made perpetual which 8 H. 6. 14. § 1. N. 11. moreover ordaineth that before this Writ of Capias shall be awarded two Justices of the Peace and the Sheriff of the Shire where such Riot is supposed ought to witness that the common Voice and Fame runneth in the said County of the same Riots 8 H. 6. 14. § 2. N. 1. XIV Lambert 313 314 315. Forasmuch as the Power given by 17 Rich. 2. 8. § N. for repressing of great Assemblies and Riots was delivered with such conjunctive and general words viz. To the Sheriffs and other the Kings Ministers that it was often doubted not only who were ment by the word Ministers but also whether the Sheriff and any of those Ministers apart might perform the Service or that they ought all to joyn together therein Crompt 62. § 15. infra 2. Therefore this Statute 13 H. 4. 7. § N. cleareth those Questions and putteth express Power into the Hands of any three or two Justices of the Peace and of the Sheriff or Under-Sheriff not only to Arrest such Riotors but also to Convict them of their Offences by recording of that which they should see to be done against the Peace Dalt 217. cap. 85. 3. And this Authority of Assembling the Power of the County and of Arresting and Imprisoning the Rioters was once before this time namely 2 Rich. 2. 7. committed to some but it was by and after even in the self same year of the same King 2 Rich. 2. St. 2 cap. 2. resumed as a thing overhard to be born that a Free-Man should be Imprisoned without an Indictment or other Tryal by his Peers as 9 H. 3. 29. Magna Charta speaketh untill that the Experience of greater Evils had prepared and made the Stomack of the Commonwealth able and fit to digest it 4. Now whereas here 13 H. 4. 7 § 1. N. 1. is mention of the Power of the County by virtue of those words Master Marrow thinketh that the Justices of the Peace Sheriff or Under-Sheriff ought to have the aid and attendance of all Knights Gentlemen Yeomen Laborers Servants Apprentices and Villains and likewise of Wards and of other young Men that be above the Age of sixteen years because all of that Age are bound to have Harness by the Statute of Winchester 13 Ed. 1. St. 2. cap. 6. § 1. N. Dalt 113. cap. 46. 5. But by 13 H. 4. 7. § 1. N. 1. Women Ecclesiastical Persons and such as be decrepit or do labor of any continual infirmity shall not be compelled to attend for the Statute 2 H. 5. 8. § 2. N. 5. which also worketh up-the same Ground saith That Persons sufficient to travel shall be assistant in this service 6. And on 13 H. 4. 7. § 1. N. 1. It is referred to the Discretion of these Justices Sheriff or Under-Sheriff how many or how few they will have to attend upon them in this business and how or in what sort also they shall be armed weaponed or otherwise furnished for it Crompt 62 b. pl. 20. 7. But be it that Information be made to these Justices and Sheriff or Under-Sheriff that certain Persons be riotously assembled at Dale and they do thereupon gather People to suppress them and when they come to the Place they find no Riot there yet are they Excusable for this Assembly oâ Power so made by them
the Churchwardens Constables Borsholders and Inhabitants of the said Parish of A. did not chuse Surveyors of the Highways aforesaid for this present year of our Lord c. but made default of such Choice against the form of the Statute in that behalf lately 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 collect and gather the Sum of 5 l. by Distress and Sale of Goods of the said Churchwardens Constables Borsholders and Inhabitants rendring to the Parties so distrained the Overplus if any be and that you do imploy and bestow the moneys so levied collected or gathered in such manner as by the Statute aforesaid is directed and appointed hereof fail not at your perils Given under our viz. two Justices Hands and Seals the 10 day of c. Anno c. XVII Kilb. Precedents 154. Taxes A Warrant for not paying a Tax for the Highways on 14 Car. 2. 6. § 12. N. 1. To the Surveyors of the Highways in the Parish of A. in the County aforesaid and to every of them Kent ss Forasmuch as upon your Complaint it appeateth unto us that the several Persons here under named have not paid unto you the several Sums here under specified and severally added to their several Names Assessed on them for the repairing and amending and enlarging of the Publick and Common Highways in the said Parish according to the form of the Statute in that behalf 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 collect or gather by Distress and Sale of the respective Goods of the said respective Persons double so much Money as was so as aforesaid respectively Assessed on them rendring to the Parties so distrained the Overplus if any be and that you do imploy and bestow the Moneys so levied collected or gathered in such manner as by the Statute aforesaid is directed and appointed hereof fail not at your perils Given under our Hands and Seals the 10 day c. Anno c. A. B. of A. aforesaid 2 s. C. D. of A. aforesaid 3 s. c. Laborers XVIII Kilb. Precedents 155. A Warrant for not sending in Teams on 14 Car. 2. 6. § 4. N. 4. To the Surveyors of the Highways in the Parish of A. in the County aforesaid and to every of them Kent ss Forasmuch as upon your Complaint it appeareth unto us viz. two Justices that the several Persons here under named were by you charged to send each of them a Team to work in the Highways in the Parish aforesaid according to the form of the Statute in that Case lately made and provided and yet nevertheless they neglected so to do by the space of such number of days as are here under mentioned and severally added to their several Names 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 collect and gather by Distress and Sale of the respective Goods of the said respective Persons the respective Sums of Money here under added to their respective Names being Moneys by them respectively forfeited for their said Neglects according to the Statute aforesaid rendring to the Parties so distrained the Overplus if any be and that you do imploy and bestow the Moneys so levied collected or gathered in such manner as by the Statute aforesaid is directed and appointed hereof fail not at your perils Given under our Hands and Seals the 10 day c. in the year c. A. B. of C. one day 10 s. C. D. of H. two days 20 s. c. Laborers XIX Kilb. Precedents 156. A Warrant for not working on 14 Car. 2. 6. § 4. To the Surveyors of the Highways in the Parish of A. in the County aforesaid and to every of them Kent ss Forasmuch as upon your Complaint it appeareth unto us that the several Persons here under named were by you Charged to come to labour in the Highways in the Parish aforesaid according to the form of the Statute in that Case lately made and provided and yet nevertheless they neglected so to do by the space of such number of days as are here under mentioned and severally added to their several Names 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 collect and gather by Distress and Sale of the respective Goods of the said respective Persons the respective Sums of Money here under added to their respective Names being Moneys by them respectively forfeited for their said Neglect according to the Statute aforesaid rendring to the Parties so Distrained the Overplus if any be and that you do employ and bestow the Moneys so levied collected or gathered in such manner as by the Statute aforesaid is directed and appointed hereof fail not at your perils Given under our Hands and Seals the 10 day of c. Anno c. A. B. of A. aforesaid one day 1 s. 6 d. C. D. of A. aforesaid two days 3 s. c. XX. Kilb. Precedents 157. Common A Licence to dig in another Parish for Materials 14 Car. 2. 6. § 7. N. 1. Kent ss Forasmuch as by the Information of the Surveyors of the High-ways in the Parish of A. in the County aforesaid it appeareth unto us that there is not sufficient Gravel Chalk Sand Cynders and Stones within the said Parish to repair their Common and Publick Highways we viz. two Justices do therefore according to the form of the Statute in that Case lately made and provided hereby allow and approve that the said Surveyors or either of them and such Person and Persons as they or eâther of them shall appoint shall and may dig take and carry away Gravel Chalk Sand Cynders or Stones out of any Wast or Common of any Parish Town Village or Hamlet Neighbouring to the Parish aforesaid or upon the Sea-Coast without paying any thing for the same for the repairing and amending of the High-ways aforesaid so as they fill up the place within one Month next after their digging aforesaid if required by the Owner of the Soil Given under our Hands and Seals the 10. day c. Anno c. XXI Kilb. Precedents 158. An Order what Dammages to pay c. 14. Car. 2. 6. § 8. N. 1. Dammages Kent ss Whereas by Information of the Surveyors of the High-ways in the Parish of A. in the County aforesaid it appeareth unto us that there being not sufficient Gravel Chalk Stones Cynders and Sand or other Materials for to amend and repair the aforesaid High-ways within the Common or Wast Grounds of the said Parish they did according to the form of the Statute in that Case lately made and provided enter into the Ground of B.C. in the Parish aforesaid neer
therefore Enacted c. That Justices c. all Iustices of the Peace within their several Limits and Iurisdictions shall and do a month before every General Quarter-Sessions to be holden for their respective Counties Issue forth their Warrants to all High-Constables petty-Constables and Tythingmen within their several Limits thereby requiring the said High-Constables petty-Constables and Tythingmen and every of them to make diligent Search and Inquisition what Tobacco is then Sown Set Planted Growing Curing Cured or made within their several and respective Limits and Iurisdictions and by whom and to make a true and Lawful Presentment in writing upon Oath at the next General Quarter-Sessions to be holden for such County of the Names of all such Persons as have Sowen Set Planted Cured or made any Tobacco and what the full Quantity of Land is or was Sown Set or Planted therewith and who are the Immediate Tenant or Tenants or present Occupiers of the Land so Sown Set or Planted who are and shall be déemed Planters thereof to all Intents and purposes Husbandry Which said Presentment upon Oath shall be received and filed by the Clerk of the Peace of the said County in open Sessions § 3. N. 1 and after such receipt and filing shall be a sufficient Conviction in Law to all Intents and purposes of all such Persons as shall be so presented for the Sowing Setting Planting Improving to Grow making or Curing Tobacco either in Séed Plant Leaf or otherwise contrary to the said recited Acts viz. 12 Car. 2. 34. 15 Car. 2. 7. § 18. or either of them unless such Person or Persons so presented having notice given to him or them of such Presentment made by the delivery of a Copy of such Presentment to him or them or by leaving a Copy of such Presentment at his or their dwelling House or Houses or usual place of abode in the presence of one or more Credible Witnesses Ten dayes at the least before the next Quarter-Sessions shall at the Quarter-Sessions next after such notice shall be given to him or them Traverse such Presentment and find sufficient Sureties for the prosecuting and trying such Traverse at the Quarter-Sessions to be holden for the said County next after such Traverse shall be entred or made Process And it is hereby further Enacted That all Constables Tythingmen § 4. N. 1. Bayliffs and other publick Officers shall and do within their respective Iurisdictions from time to time as often as occasion shall require within Fourtéen dayes after Warrant from two or more of the Iustices of the Peace within such County Town City or Place to them calling to their Assistance such Person and Persons as they and every of them shall find convenient and necessary pluck up Burn Consume Tear in pieces and utterly destroy all Tobacco Seed Plant Leaf Planted Sowed or Growing in any Field Earth or Ground Forfeiture And if any such Tobacco shall be suffered or permitted to Grow or be unconsumed in Séed Plant or Leaf in any Township Tything Parish § 5. N. 1. Hamlet or place by the space of Fourteen dayes after the receipt of such Warrant or Warrants by the said Constables Tythingmen Bayliffs or other publick Officers of the respective Townships Tythings Parishes or Hamlets as aforesaid that then such Constables Tythingmen Bayliffs or other publick Officers respectively shall for every such Offence forfeit and pay the Sum of Five shillings for every Rod Pearch or Pole of Ground so Set Planted or Sowed with Tobacco and so proportionably for a greater or lesser Quantity of Ground one moiety thereof to the Kings Majesty and the other moiety thereof to him or them that shall sue for the same to be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts of Record at Westminster Process And it is hereby further Enacted That in Case any c. shall refuse or neglect to Aid or Assist being thereunto required any Constable Bayliff § 6. N. 1. or other publick Officer in the due Execution of this Act that every such person c. for every such Offence upon Conviction thereof made before two of the Iustices of the said County where such Offence shall be Committed shall forfeit and pay the Sum of Five shillings to be Levied by Warrant from the said Iustices by Distress and Sale of the Offenders Goods and in Case no Distress can be found then every such Offender shall be Committed to the Common Goal of the said County there to remain for the space of One wéek without Bail or Mainprise Process And if any person c. whatsoever shall forceably resist any Constable § 7. N. 1. Baliff or other publick Officer or other person c. whatsoever in the due Execution of this Act That then every such person for every such Offence upon Conviction thereof made before two Iustices of the Peace of the said County where such Offence shall be Committed shall forfeit and pay the Sum of Five pounds to be Levied by Warrant from the said Iustices by Distress and Sale of the Offenders Goods and in Case no Distress can be found then every such Offender shall be Committed to the Common Goal of the said County there to remain for the space of Thrée months without Bail or Mainprise Pleading And be it further Enacted c. That if any Action Plaint § 8. N. 1. Suit or Information shall be Commenced or Prosecuted against any c. for what he or they shall do in Pursuance or Execution of this Act or either of the recited Acts viz. 12 Car. 2. 34. 15 Car. 2. 7. § 18. such Person c. so Sued in any Court whatsoever shall or may plead the General Issue Not Guilty and upon any Issue joyned may give this Act and the said recited Acts or either of them and the special matter in Evidence N. 2. And if the Plaintiff or Prosecutor shall become Nonsuit or forbear further prosecution or suffer Discontinuance or if a Verdict shall pass against him Costs the Defendant c. shall recover their Costs for which they shall have the like remedy as in Case where Costs are given by Law to the Defendants Statuta 25 Car. 2. 25. Car. 2. 2. § 2. N. 2. ANd that all and every such Person c. viz. Officer or Patentee under the King c. to be admitted after the first day of Easter Term Patents c. viz. 1673. not having taken the said Oaths viz. of Supremacy and Allegiance in the said Courts aforesaid viz. B. R. or Chancery shall at the Quarter-Sessions for that County or place where he or they shall reside next after such his Admittance c. into any of the said respective Offices or Imployments aforesaid take the said several and respective Oaths as aforesaid Statuta 29 Car. 2. 29. Car. 2. 7. § 2. N. 2. ANd that no person c.
And the Estreats made by the Clerk of the Peace of Forfeits for defaults of Amending High-ways are a sufficient Warrant to the Constables to levy the same by Distress to the use of the Church-wardens of the Parish where the fault was towards the Amendment of the High-ways Lambert Constable c. 30 31. pl. 28. Dalt 94. 95. cap. 40. 2 and 3 Ph. and Mar. 8. § N. and 5 Eliz. 13. X. Lambert 600. Two Justices of Peace may at their Quarter-Sessions Justices enquire of and determine the Offences of not Amending the High-ways 2 and 3 Ph. and Mar. 8. § N. and 5 Eliz. 13. 18 Eliz. 10. Crompt 125. XI Lamb. Precedents 17 b. pl. 48. Reparation An Endictment for a common Bridg that is in decay Kent ss Juratores pro Domino Rege presentant super Sacrament ' suum quod Pons publicus communis situs in alta Regia via super Flumen de Medway infra Parochiam de A. in Com. predict ' vulgariter dict' Ailford Bridge est per aliquot Annos jam proxime lapsos fuit valde ruinosus in maximo decasu ob defectum reparationis adeo ut subditi dicti Domini Regis in super trans vel ultrà dictum Pontem per se vel cum eorum Equis Bigis aut Carriagiis ire redire aut transire sine magno vitae discrimine non audent aut possunt ad commune nocument ' omnium vicinorum compatriatarum in dicto Comitat ' habitantium quorum interest ratione negotiorum suorum illac transire Et ulterius quod prorsus nescitur quae personae quaeve terrae tenementa aut corpora corporata Politica eundem Pontem aut aliquam inde parcellam ex Jure aut ex Antiqua consuetudine reficere reparare debent aut consueverunt 9 H. 3. 15. 22 H. 8. 5. XII Lamb. Precedents 20. pl. 55. Laborers An Endictment for not working upon the High-ways Kent ss Laborers Juratores pro Domino Rege super Sacrament ' suum presentant quod ubi die Martis in septimana Paschae ultim ' preterit ' scil 7. die mensis Aprilis Anno Regni Domini nostri Jacobi c. A. B. tunc Constabularius Villae de C. in dicto Com. D.E. F.G. tunc Guardiani Ecclesiae parochialis de C. predict ' in Com. predict ' existentes vocatis ad se multis alijs Parochianis dictae Parochiae de C. tunc ibidem elegerunt quosdam J. S. R. N. duas honestas ejusdem Parochiae personas in Supervisores pro uno Anno integro tunc proxime Sequenti pro emendatione reparatione altarum regiârum viarum infra dictam Parochiam de C. ducentium a Villis Mercatorijs ad Villas Mercatorias ac etiam tunc ibidem Nomina verunt appunctuaverunt sex dies viz. 1 2 3 4 5 6. dies mensis Maij tunc proximè sequent ' pro dicta emendatione dictarum Viarum nominatim pro emendatione illius viae Regiae ibidem quae est inter c. atque de eisdem sex diebus sic per eos ut prefertur nominatis appunctuatis dederunt paulum postea scil die Dominico dictae Paschae tunc proxime sequenti publicam notitiam in dicta Ecclesia Parochiali Quid am tamen T. W. tunc ad huc Parochiani de C. predicta in Com. predict ' existens ac tunc habens occupans in dicta Parochia de C. in Com. predict ' unam integram Carucatam Terrae Arabilis Anglice dictum a Plough-land nullum dictis primo secundo quarto die dicti mensis Maij Anno supradicto prorsus invenit aut misit currum instructum Anglice dictum A Wain or Cart furnished equis bobus aut alijs animalibus necessarijs secundum morem Patriae ibidem nec ullus habiles homines erga emendationem reparationem dictarum viarum aut earum aliquam sive aliquam inde percellam sed inde tunc ibidem voluntarie fecit defaltam in dicti Domini Regis contemptum ac contra formam diversorum Statutorum in hujusmodi casu provisorum editorum West Symb. 2 part 133 b. Sect. 218. Reparation XIII West Symbol 2 part 155 b. Sect. 344. An Endictment for not repairing the Pavement of a High-way which ought to be repaired by a Bishop Kent ss Juratores pro Domino Rege super Sacrament ' suum presentant quod pars Regiae viae apud S. in Com. predict ' in quantitate viginti pedum jacent ' existent ' ex opposito certis terris sive tenementis Domini Episcopi Cestriae ibidem est ruinosa pro defectu reparationis paviament ' ibidem ad grave commune nocument ' populi Domini Regis quod predict ' Episcopus debet facere reparare predict ' paviament ' ex suis proprijs expensis juxta formam Statut ' c. Reparation XIV West Symb. 2 part 156. Sect. 346. An Endictment against a Bishop and Church-wardens for not repairing of a ruinous and broken Bridge Kent ss Juratores pro Domino Rege super Sacrament ' suum presentant c. quod communis Pons apud S. adeo ruinosus confractus existit pro defectu reparationis ejusdem Pontis quod homines per predictum Pontem itinerantes absque magno periculo non possunt itinerare ad Grave Commune Nocumentum populi Domini Regis Et quod Dominus Episcopus Cestriae Guardiani Ecclesiae Parochialis beatae Mariae Virginis de S. predict ' pro tempore Existent ' debent reparare sustentare manutenere predict ' Pontem ex suis proprijs Custagijs expensis viz. predict ' Episcopus ex parte occidentali ejusdem Pontis prefati Guardiani ex parte orientali XV. West Symb. 2. part 156. Sect. 347. Nusance An Endictment for stopping and inclosing the King's Highway with Hedge and Ditch Suff. ss Juratores pro Domino Rege super Sacrament ' suum presentant quod A. B. de c. 6 die Apr. c. Vi Armis c. Regiam viam apud c. tam Fossat ' quam sepi injustè obstupavit inclusit quae quidem via jacet in vico vocat ' c. extendit se usque Regiam viam apud Hospitalem Sancti Cornelij ita quod homines neque pedestres neque equestres per predictam viam transire possunt quod predicta via debet a tempore quo non extat memoria solebat esse Communis via quousque A. B illam in forma predict ' fecillet contra pacem c. ad grave damnum commune nocument ' Ligeorum dicti Domini Regis c. infra XVI Kilb. Precedents 153. Officers A Warrant for not chusing Surveyors of Highways on 14 Car. 2. 6. § 2. N. 1. To the Surveyors of the Highways in the Parish of A. in the County aforesaid and to every of them Kent ss Forasmuch as