incontinency or common harbourers and entertainers of Whores Rogues or Thieves or common Robbers of Orchards or have sold Ale or Beer without License and contrary to the command of the Justices of the Peace or are idle persons wandring up and down fare well and spend much in Ale-houses and having no known and visiblâ— estate to maintain it or that I S. hath begotteâ— a bastard child on the body of the said M. anâ— that the same is like to be chargeable to the Parish of Dale or that he had his hand in the sending away of L M. the reputed Father of a bastard child there left to the charge of your Parish These are therefore to authorize and require yoâ— and every one of you forthwith to cause to come and in case of refusal to apprehend and arrest the said I S. and M. and them to bring before me or some other Justice of the Peace of this County â—â— the end that they may find sufficient Sureties fâ—â— their appearance at the next General Sessions of the Peace to be held for the County of Gloucest and in the mean time to be of good behaviour towards our Lord the King and all the People of this Commonwealth And if they shall refuse â—â— do the same that then you carry c. as in the last to the end And hereof c. 3 Glouc. ss Another of the same W S. c. To c. These are to require you that immediately upon sight hereof you cause to come or bring before me I S. of c. to answeâ— to such matters as on the behalf of the Kings Majesty shall be objected against him by the complaint of M M. And also that you require him tâ— bring Sureties with him for his good appearing tilâ— the next General Sessions of the Peace to be held for the County of Glouc. And hereof c. 4 Glouc. ss For the reputed father of a bastard child W S. Esquire c. To the Constable of c. Whereas it is proved before me that M S. of c. single woman is with child of a bastard child and that I S. is the reputed Father of it These arâ— therefore to authorize and require you and everâ— of you that presently upon the receipt hereof yoâ— cause to come or bring the said I S. and M S. before me or some other Justice of Peace of this County to find sufficient Sureties as well for their appearance c. as in the last And hereof c. 5 Glouc. ss Against one indicted W S. c. To c. It appearing to me by the Records of the Sessions of the Peace for this County that I S. of your Parish of D. stands indicted there for selling Ale and Beer contrary to the command of the Justices of the Peace And that he hath not as yet appeared nor pleaded to the same indictment and that the same is still depending and in force against the said I S. These are therefore as in the last And hereof c. And thus may any Justice of Peace do upon any Indictment for such an offence as for which a man doth deserve to be bound to the good Behaviour as for Incontinency common Swearing common Drunkenness and the like 6 Glouc. ss Another very short for the good Behaviour W S. c. To c. I S. of your Parish of D. being duly convicted before me of such matter of misbehaviour as for which he ought to be bound with Sureties for his good behaviour These are therefore c. as in the rest This last Warrant may serve in any case or for any cause whatsoever for which a man is to be bound to the good Behaviour unless it be where the offender is to be bound for a limited time onely And then the Warrant may say I S. being convict before me of such an offence for which he is to be bound to the good Behaviour seven years These are c. as in the rest but say To the end he may be bound with Sureties c. for seven years c. And hereof c. A Warrant for the Peace upon a Supplicavit G M. one of the Justices of the Peace of our Soveraign Lord the Kings Majesty within the County of L. To the Sheriff of the said County the Constables of the Hundred of W. the Borsholdeâ— of the Town of M. and to all and singular the Kings Majesties Bailiffs 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 ouâ— said Soveraign Lord in these words reciting the whole Writ of Supplicavit which many times differs in form because it is sometimes directed to all the Justices of Peace sometimes to them and the Sheriff and sometimes to one Justice alone or reciting onely the effect of the Supplicavit thus Know ye that I have received the Commandment of our said Soveraign Lord to compel A P of M. in the said County Yeoman to finde sufficient Surety for his Majesties Peace by him to be kept towards C D. of the said Town of M. Tailâ—r And therefore on the behalf of our said Soveraigâ— Lord I command and charge you joyntly and severally that immediately upon the receipt hereof you cause the said A B. to come before me aâ— M. aforesaid to find sufficient Surety and Mainprize for the Peace to be kept towards our said Soveraign 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 conveyeâ— to the next Gaol 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 the next General Sessions of the Peace to be holden at N. there to answer to our said Soveraign 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 with you this Precept Given at M. aforesaid under my Seal c. The Return upon the back of the Supplicavit may be thus The Execution of this Writ appeareth in a certain Schedule to the same Writ annexed Then may that Schedule be thus I G M. one of the Keepers of the Peace of our Lord the King in the County of L. certifie into the Chancery of our said Lord the King That by vertue of that Writ unto me by C D. in the same Writ named being first delivered personally before me such a day and year have caused to come A B. in the said Writ named and the same A. have compelled to find sufficient Surety and Manucaptors for the Peace according to the form of the said Writ In testimony whereof to this my present Certificate I have set
he shall continue with you and be in his good health you do hold him to work and punish him by putting fetters and gyves upon him and by moderate whipping of him And that you give him no more for his maintenance then what he shall deserve or earn by his labour And that you have the said I S. and this Precept at the said next Quarter Sessions A Mittimus of a vagrant or disorderly person 9 Glouc. ss W S. c. We have sent you herewithal the body of E C. of G. in this County being an idle dissolute and disorderly person and one that liveth idlie and wandreth begging about the Countrey and brought before us by the Constable of Dale whom you are hereby required to receive and him to keep in your Bridewel to work until he shall be from thence duly delivered by order and course of Law And in the mean time you are to keep him to work and see to it that he have no more for his maintenance then what he can get by his work And hereof c. A Mittimus for one thae runneth away and leaveth her Charge to the Town 10 Glou. ss W S. c. We have sent you herewithal the body of I L. of W. in the said County single woman being lately delivered of a child and one that is able to labour and thereby to relieve her self and her said child and hath notwithstanding lately run away and left her child upon the Parish to the charge of the same Parish contrary to the Statute in that behalf provided These are therefore to require you to receive her c. as in the last W S. c. We send you herewith the body of I S. of c. for that she being a poor woman able to work and having a great charge of children and like to charge the Parish she doth threaten to run away from her charge and leave it to the Parish These are therefore c. as in the last A Mittimus of the Mother of a Bastard-child 12 Glou. ss W S. We send you herewithal the body of I C. of W. in the said County single woman lately delivered of a Bastard-child likely to be chargeable to the Parish of W. aforesaid and for that the said I C. is able to labour and that thereby she may the better relieve her self and her said child These are to require you to receive the said I C. in your Bridewel there to be punished and set on work during the term of one whole year acccording to the Statute in that behalf provided Observations upon these three last Presidents These three last Mittimus being grounded upon 7 Jac. 4. it is good to advise upon them for the Statute doth not prescribe any way of Conviction unless it come under the general words of 39 Eliz. 4. that these be taken for idle and disorderly persons for that being proved before by two witnesses before two Justices one of them being of the Quâ—rum this is a Conviction of Law For a Mittimus for a forcible Entry see it in Chap. 6. CHAP. XXII About a Supersedeas The Form of Supersedeas 1 Glouc. ss W S. To the Sheriff Bailiffs Constables and other the Officers and Ministers of our Lord the King for the keeping of the peace within the County of Gloucest and every of them Forasmuch as A B. of c. hath personally come before me at Dale in this County and hath found sufficient sureties that is C D. of c. and E T. of c. either of which hath undertaken for the said A B. under pain of ten pounds a piece and he the said A B. hath undertaken for himself under pain of twenty pound that he the said A B. shall well and truly keep the peace towards our Lord the King and all his people especially towards G F. of c. Yeoman and also that he shall personally appear before the Justices of the peace of the said County at the next general Sessions of the peace to be held for the same County Therefore I command you and every of you that you utterly forbear and surcease to arrest take â—mprison or otherwise by any means for the said cause to molest the said A B. And if you have for the said cause and none other taken or imprisoned him that then you do cause him to be delivered and set at liberty without further delay Given at Dale aforesaid under my Hand and Seal c. Another for the same 2 Glouc. ss 2. For the Peace W S. Esquire c. To the Sheriff of the County of Glouc. c. and to all Constables c. Forasmuch as I S. of c. hath come before me and found sufficient surety that he shall keep the peace towards our Lord the King and all his people especially towards I K. of D. aforesaid and that he shall personally appear before the Justices of the Peace of the said County at the next general Sessions of the peace to be holden for the said County Therefore I require and command you and every of you that you do altogether forbear and surcease to attach arrest or imprison him the said I S. or otherwise to molest him by any means for the said cause And if you have upon any Precept for the peace and for that cause and none other already taken and imprisoned him that then you do cause him to be delivered and set at liberty without further delay And this shall be your Warrant Given c. For a Felony There may be a Supersedeas in case of Felony where the prisoner is bailed thus Because A B. of c. hath come before us c. and put in sufficient bail to be before c. to answer the Felony wherewith he is charged c. Or thus 3 Glouc. ss W S. c. To c. Forasmuch c. I do therefore require you that from compelling and imprisoning the said A. and his Wife or either of them any security for the peace towards our Lord the King and all the People of this Common-wealth before you or any of you again to find you do supersede or cause to be superseded And if c. that then you do immediately them out of such prison in which they or either of them are detained deliver or cause to be delivered c. Observations upon these Warrants This last Supersedeas is good though it name â—either the sureties nor the sums wherein they are bound but it is held the better Form to express both 4 Glouc. ss Upon a Supplicavit against an Infant W S. To the Sheriff c. Know ye that I have received a Writ of our Lord the King in these words Charles c. reciting all the Writ word for word Forasmuch as C D. of c. and E F. of c. and the said A B. being the Infant against whom the Writ of Supplicavit was granted have personally
the form of the Statutes in that case provided And therefore I the aforesaid W S. the said I D. E F. G H. did then there arrest and cause to be sent to the next Gaol of his said Majesty for the said County within the Castle of Gloucest as convict of the said forcible detaining by mine own view and record there to abide till he shall make Fine to his said Majesty for his offences aforesaid Dated at Dale aforesaid under my Seal the day and year aforesaid The Record of a Riot upon the view of the Justices 2 Glouc. ss Memor That the first day of March we W S. and K L. Esquires two of the Justices of our Soveraign Lord the King now assigned to keep the Peace in the County of Gloucest at the complaint of I S. of W. in the County aforesaid Yeoman in our proper persons came to the dwelling house of the said I S. at W. aforesaid and there we found certain persons A B. c. and other evil doers and disturbers of the Peace of our Lord the King to the number of eighty persons in a warlike manner arrayed to wit with Swords Staves Bows and Arrows riotously and unlawfully gathered together and the same house so keeping to the great disturbance of the Peace of our said Lord the King and the terrour of his People and against the form of the Statutes in that case provided And therefore wee the said Justices of the Peace the bodies of the said A B. c. did then arrest and to the next Gaol of our Lord the King did then cause them to be carried by our Record of the Trespass aforesaid convict in our presence there to abide till they shall make their Fine to our said Lord the King for their trespass afore said In testimony whereof wâ— have put our Seals to this Record Dated at W. aforesaid the day and year aforesaid The form of the Mittimus to the Gaol W S. one of the Justices of the Peace of ouâ— Lord the King within his said County of Gloucest 3 Glouc. ss To the Keepers of his Highness Gaol within the Castle of Glouc. within the same County and to his Deputy there Complaint being made to me this present first day of May of a forcible and riotous detainer of a House made by K L. c. and M N. of c. the which having viewed I find to be true against the Peace of our said Lord the King and the Statutes in that case provided Therefore I send you by the bringers hereof the bodies of the said K L. and M N. convicted of the said forcible holding or Riot by mine own view testimony and record commanding you in his Majesties Name them to receive and safely keep in your said Goal until such time as they shall make their Fines to our said Lord the King for the said trespasses and shall be thence delivered by order of the Law of the Land at your peril Given at W. aforesaid under my Seal the day and year aforesaid The Precept to the Sheriff to return a Jury 4 Glouc. ss W S. c. To the Sheriff of the said County of Glouc. I command you that you make to come before me at c. time and place twenty four honest sufficient and lawfull men of the neighbourhood of W. within this County whereof every one shall have forty shillings of Lands Tenements and Rents by the year at least above reptises or to enquire if A B. c. and other malefactors and disturbers of the Peace of our Lord the King in one Messuage and twenty acres of Land of C D. of c. with a strong hand upon the possession of the said C D. did enter or the same with force do yet hold and occupy to require upon their Oaths for our said Lord the King of a certain entry or detainer made with strong hand in the Messuage or dwelling House of A B. at W. aforesaid against the form of the Statutes in that case provided And you are to see that you return upon every one of the Jurors by you to be impannelled twenty shilling of issues at the same day of return And hereof you are not to fail under pain of twenty pounds which you know you are to bear if you be negligent in the premises Witness me the said W S. the first day of c. The Verdict of the Jurors 5 Glouc. ss An inquisition for our Lord the King taken at Dale in the County of Gloucest the first day of May by the Oaths of A B. C D. good and â—awfull men of the County before W S. one of â—he Justices of our said Lord the King to keep the Peace in the said County assigned and to hear and determine divers Felonies Trespasses and other evil deeds committed in the same County who say upon their Oaths that C L. of c. Yeoman was lawfully and peaceably seised in his demesne as of Fee of and in one Messuage c. with the appurtenances in Dale aforesaid and his possession and seisin aforesaid so continued until A B. c. and other unknown persons the first day of May by Force and Arms to wit with Swords and Staves Bows and Arrows into the said Messuage entred and the said C D. thereof disseised and with a strong hand him expelled and him the said C D. so disseised and expulsed from the said Messuage c. from the aforesaid first day of May until the day of the taking of this inquisition with the same strength and armed power have hitherto kept out and yet doth keep out to the great disturbance of the Peace of our said Lord the King and against the form of the Statutes in that case made and provided whereas none of them nor any other whose state they or any of them had or have or any thing in any parcel thereof had or have within three years last before his said Entry nor at any time before to the knowledge of the said Jurors Warrant for Restitution 6 Glouc. ss W S. c. To the Sheriff of the said County Greeting Whereas by a certain inquisition of the Countrey taken before me at Dale in the County aforesaid the day of c. upon the Oath of A B. C D. c. and according to the form of the Statute in that case of forcible entry provided It was found that A B. c. and others c. as it is in the Inquisition under those words in that case provided as by the said inquisition doth more fully appear of Record Therefore on the part of our said Lord the King I command and require you that you all together with the power of the County if need require go to the said Messuage and other the premises and the same with the appurtenances do cause to be resâ—ised and the said C D. to and in his full possession there of as he was in before the same Entry you cause
10. The condition c. That if the within bounden I S. shall personally appear before the Justices of the Gaol-delivery to be holden in the said County of Glouc. at the next Assizes and Gaol-delivery there or before the Justices of the Peace of the County of Glouc. at the next general Sessions of the Peace to be held in the same County to do and receive that which by the Court shall be then and there enjoyned him and shall not depart thence without leave of the Court. And that in the mean time he be of good Behaviour and do keep the Peace of our Lord the King toward his Highness and all his People c. that then c. Another to the same purpose 11. The Condition c. That whereas the within bounden I S. hath now lately dangerously hurt one L M. of c. so as the said L M. is thereby in danger of death If therefore the said I S. shall make his personal appearance before the Justices of the Gaol-delivery at the next General Gaol-delivery to be holden in the County of Gloucest then and there to make answer to the premises and to do and receive that which then by the same Court shall be enjoyned him That then c. Another 12. The Condition c. That if the within bounden I S. shall personally appear c. then and there to make answer to such matters as on the behalf of our Lord the King shall be objected against him by I D. of c. concerning c. then shew the matter briefly and conclude as in the rest before That then c. So in the Condition for the Peace and good Behaviour they may be made after the same manner by changing onely that which is to be changed But if the Condition be annexed to the Recognisance as it must be to the latter sort of Recognisances above named that conclude thus Under the Condition following viz. then must they run in this manner For the Peace 13. That the said I S. shall personally appear at the next general Sessions of the Peace to be holden for the said County and in the mean time that he shall keep the Peace towards our said Lord the King and all other the people of this Common-wealth of England and chiefly towards L M. For the good Behaviour 14. That the said I S. shall personally c. as in the last and in the mean time that he shall be of good Behaviour towards our Lord the King and all c. as in the last Where divers Recognisances are to be taken at once some have â—sed to put them all in one Roll of Parchment together after this form 15 Glou. ss For Ale-house keepers 15. Md. That at Dale in the County of Glouc. the first day of May c. I S. Victualler of c. came before me W S. Esquire c. and did acknowledge that he did owe to our Lord the King and his Successors by way of Recognisance twenty pounds of lawfull c. And G H. of c. and I K. of c. did then also acknowledge to owe to our said Lord the King ten pounds a piece of lawfull English money by way of Recognisance to be levied of each of their c. under this Condition following viz. That the said I S. being licensed to keep an Ale-house in the Town of Dale for one year now next following shall not during the said term suffer within his said house any play at unlawfull Games but shall there use and maintain good order and rule And then write under this 16. G H. of I. c. did then and there acknwledge to owe to our said Lord the King ten pounds and N O. of c. and P Q. of c. did then and there acknowledge to owe to our said Lord the King five pounds a piece in manner as aforesaid and under the condition aforesaid And so for the rest Observations upon this Warrant I cannot warrant the latter end of these Recognisances to be good but am rather inclined to believe they are all of them but the first naught And therefore do advise the Justices of the Peace and their Clerks to make them at length and to decline this form Another form for the Peace or good Behaviour 17. Memorand That A B. of C. c. D E. of F. c. G H. of I. c. such a time and place came before me W S. Esquire c. and became Manucaptors and undertook for T O. of c. That he should keep the Peace or be of good Behaviour towards our Lord the King and all his People and especially towards I D. every of the Manucaptors under pain of ten pounds a piece and T O. under pain of twenty pounds and that the said T O. shall appear before the Justices of the Peace c. The Form of the Release of the Peace Memorandum quod primo die Julii c. prafatus E F. xenit noram me praefato T P. gratis remisit relaxavit quantum in se est praedictam securitatem pacis per ipsam coram me versus supraâ—â—â—inatum B C. petitam In cujus egâ— Testimonium â—â— praefat T P. c. Dat. c. CHAP. XXI Of a Mittimus What it is A Mittimus is an Order of Commitment of the person of a man to Prison by a Justice of Peace to an inferiour Officer for the time the Law appointeth for some offence by him done And as touching this in general you may obserâ—â— these things 1. In every Mittimus care must be had to set down these two things First the offence Secondly the true manner and time of punishment 2. That there is very little difference between a Mittimus and a Warrant of Commitment This is to the Officer to take and carry a man to Prison and that to deliver him to the Gaoler which doth imply a taking and carrying both are to carry to Gaol It may be easie therefore to change the form and the one President may serve for a light by which to make the other 3. The Title and form of one of these hereafter set down may serve to direct all the rest 4. By these forms hereafter set down any other may be easily drawn with very little alteration 5. If the Mittimus be for a Felony and the Felon hath confessed it upon his examination the Mittimus must say so for then he is not bailable Divers Forms of Mittimus A Mittimus for Felony to the Gaol 1 Glouc. ss W S. and I S. Esquires two of the Justices c. To the Keeper of the Gaol within the Castle of Glouc. or his Deputy there being We send you herewithal the bodies of A B. and C D. charged before us with the felonious using and practising of Witchcraft upon the body of a child of K L. or charged before us by T C. of K. in the County of G. with robbing him on
this Cabinet and Fitz. Nat. Brev. 242 c. Or the Justice of Peace may deliver the same into the Kings Bench without Certiorari he being a Judge of Record Of a Record or a Certiorari It may be done on the back of the Writ thus I W S. c. one of the Justices of the Peace of our Lord the King in the County of Gloucest The tenor of the security of the Peace of which there is mention in this Writ or whereof there is mention herein to our said Lord the King into his Chancery under my Seal distinctly and openly do send as appeareth in the Schedule to this Writ annexed Then write the Recognisance verbatim Md. that the first day of May c. came before me c. in witness whereof I the said W S. have put to my Seal Dated c. And let him set his Seal and then file all this to the back of the Cerciorare Write upon the back of the Supplicavit thus The execution of this Writ appeareth in the Schedule to the Writ annexed And put his name to it A Binding by Supplicavit Then the Schedule may be thus and filed to the back of the Writ I W S. c. certifie in the Chancery to our Lord the King That I by vertue of this Writ to me first delivered by A B. in the Writ named caused to come before me the first day of May T R. in the same Writ named and have compelled him to find sufficient security and manucaptors according to the form of the said Writ as the Writ doth appoint In witness whereof I have put my Seal to this present Certificate Dated at C. aforesaid in the County aforesaid the said first day of May. And herewith the Justice may if he will send the Recognisance or he may keep it till it be sent for by Certiorari For Swearing For Swearing I W S. Esquire one of the Justices c. do certifie to the Clerk of the Peace for the County of Glouc. that the persons whose names are hereunto subscribed were since the last Quarter Sessions convicted before me for swearing one profane oath a piece Given under my Hand and Seal this c. By these forms you may the better see how to make other Certificates The Certificate of a Riot see Dalt Just of P. Chap. 130. CHAP. XXVI Indictments of Treason of several sorts and the nature of the Judgements thereupon For counterfeiting a Protection and putting to it the Great Seal taken from other old Letters Patents Juratores c. Praesentanâ— quod A B. nuper de C. in Com. H. Husbandman D E. praedict Yeoman machinantes quomodo populum Domini Regis nunc subtilissime possent decipere vel defraudare Dominum Regem de his quae ad ipsum Regem pertinent Regalia sua ut de feodi Magni Sigilli hujusmodi exhaeredare veram Legem Angliae à toto tempore usitatam approbatam subvertere adnullare 10o. die Janu. Anno c. apud R. in Com. S. deceptive falsâ— proditoriè quasdam falsas Literas Patentes ad similitudinem scrip Cancellar Domini Regis contrefect quasi essent Literae Patentes de protectione ipsius Regis sub nomine J C. Clerici Hanaperii Domini Regis ac unius Clericorum Cancellariae praedictae script hunc tenorem continent viz. C. Dei gratia c. reciting the Letters Patents verbatim Ae cum idem A B. D E. dictas falsas Literas Patentes sic ut praemitt contrafecissent non habentes Magnum Sigillum Domini Regis deceptivè falsò proditoriè machinant qualiter ipsi falsas fictas Literas Patentes hujusmodi subtilius possent sigillare Magnum Sigillum Domini Regis contrafacere dicto 10o. die Janu. Anno supradict apud H. in Com. praedict quoddam Magnum Sigillum Domini Regis super quasdam Literas Patentes ipsius Domini Regis praeantea pend debite impositum acceperunt assumentes sibi Regiam potestatem ipsum Regem regali sua authoritate quantum in eis fuit privant adtunc ibidem cum quodam cultello arripuerunt illud dictis falsis fictis contrafactis Literis Patentibus deceptivè proditoriè apposuerunt annexerunt easdem literas sigillaver sigill ill subtiliter recludendâ— quasi sic non fecissent sic Magnum Sigillum Dom. Regis adtunc ibidem proditoriè contrafecer cum praemissa sic fecissent dictas falsas contrafactas Literas Patentes ut praedicitur sigillat 7o. die Martii Anno c. apud Villam de N. in Com. M. ac in diversis aliis locis ejusdem Com. tanquam Literas Patentes ipsius Domini Regis de protect deceptivè falsò proditoriè publicaverunt diversas pecuniar summas de diversis ligeis Domini Regis receperunt colore dictarum falsarum fictarum contrafact Literarum Patent in deceptionem Domini Regis ac populi sui praejudicium exhaeredationem dicti Domini Regis manifestam contra pacem ejusdem Domini Regis Coronam Dignitatem suas ac contra formam Statut. in hujusmodi casu edit provisi Judgement to be drawn and hanged for a man and for a woman to be burned An Indictment for clipping of Gold and Silver and uttering the same Juratores c. quod E B. de Civitat Lincoln Pedlar die anno c. ac diversis diebus antea postea apud Civitat praedict 40 pec auri vocat P. ac 400 pecias argenti voc Groats bonae legalis monetae Angliae cunagii dict Domini Reg. pro lucri causa falso felon proditoriè totondit filavit iâ—a quod per tonsionem filationem illas quaelibet pecia auri inde de 12 d. in suo debito pondere diminuebatur quaelibet argenti inde de unâ— obulo in debito suo pondere diminuebatur monet ill in forma praedict tonsam filat diversis li geis dict Dom. Regis apud Civitat praedict in Com. praedict falsò felon proditoriè exposuit utteravit contra formam Statut. c. ac contra Pacem c. Judgement ut supra For a Jesuite and his Receiver High Treason in the Jesuite and Felony in the Receiver without Clergy Inquiratur pro Domino Rege Si A B. nuper de C. in Gomitatu praedicto Clericus natus apud D. in Comitatu praedicto atque infra annum jam proxime praeteritum factus profâ—ssus Jesuita per authoritatem à Sede Romana derivatam proditoriè apud D. praedict in Comitatu praedict septimo die Apr. anno Regni dicti Domini nostri Caroli Dei gratia Angliae Scotiae Franciae Hiberniae Regis fidei defensoris c. duodecimo à partibus transmarinis applicuit dicto septimo die anno supradicto nonnulliis aliis diebus tunc proximè sequentibus apud D. praedict in Comitatu praedict proditoriè moram
appeared before me the said W S. and the said C D. and E F. have undertaken for the said A B. who is within the age of 21 years to wit either of the said manucaptors in twenty pounds a piece which each of them have acknowledged to owe to our said Lord the King by way of Recognisance to be levied on their lands and tenements goods and chattels to the use of our said Lord the King to wit that the said A B. no damage or ill shall do or procure to be done to any of the people of this Commonwealth in their bodies or burning of their houses and especially to T R. Therefore I require you and every of you to forbear c. as in the rest This may also be to stay proceedings of Arrest or Imprisonment against a man upon good Behaviour or upon a Capias upon an Indictment for Trespass or the like thus 5 Glouc. ss W S. To c. Forasmuch as I S. of c. came before me this first day of c. at Dale in this County and hath found sufficient Manucaptors to be at the next General Sessions of the Peace to be held in this County before the Justices of the Peace there to answer to our Lord the King of certain trespasses contempts and offences whereof he is indicted Therefore I command you c. as in the rest CHAP. XXIII Of a Liberate 1 Glouc. ss W S. c. To the Keeper of the Gaol in the Castle of Gloucest Forasmuch as I S. of c. hath before us found sufficient mainprise to appear before the Justices of the Gaol-delivery at the next general Gaol-delivery to be holden in the said County there to answer the things that shall be objected against him touching the felonious stealing of two sheep for the suspicion whereof he was committed to your Gaol These are to require you in case he be there detained in prison for this and no other cause that you forthwith deliver him and let him go at large Given under our Hands c. 2 Glouc. ss W S. c. To the Keeper c. I S. being by me committed to your custody in your Gaol till he put in sureties for the peace or good behaviour as the case is These are c. as in the last Observations on this If one Justice of his own head commit a man to Gaol or Bridewel he may again deliver him and he need not shew the cause or if it be for the peace or good behaviour to tell the Keeper that he hath taken Sureties we think it safe for a Keeper to have this from a Justice always when he delivers his prisoner By these other Liberates may be made Of a Release I have seen a Release of the Peace by a Justice of Peace that took it and Presidents of Releases of the Peace and good Behaviour but I understand not of what use they are for the party must appear onely the Release of the Peace c. is an evidence that the Prosecutor is not afraid of him and therefore the Court will not probably continue him bound CHAP. XXIV Of a License and Testimonial 1 Glouc. ss To sell Ale W S. and I S. Two of the Justices c. Know all men by these presents That we do hereby license I M. of c. to keep a common Ale-house in L. aforesaid in the house there where he now dwelleth for one whole year next ensuing the date hereof so that he do not during that time suffer any unlawfull Games to be used nor any evil rule or disorder to be done in the same house Dated c. So to brew and sell Beer and keep a common Alehouse c. 2 Glouc. ss To travel on the Lords day W S. c. To all c. I S. of c. where he now liveth having informed me that he had a Father living at D. in the County of S. where he lieth now very sick and he hath a desire to visit him Now know ye that for this cause I do hereby license him to travel upon the next Lords day the direct way to him willing and requiring you not to molest him for the same so he behave himself orderly in his travel Dated c. 3 Glouc. ss Describe him To convey a Rogue I S. a sturdy vagrant beggar of low personage red haired c. and about twenty years was this first day of May openly whipped at W. in the said County according to the Law for a wandring Rogue and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straight way to P. in the County of W. where as he confesseth he was born or dwelled last for one whole year if the case be so and he is limited to be at P. aforesaid within ten days now next ensuing at his peril Given at W. under the Hands and Seals of W S. Esquire one of c. and I D. the Constable of W. aforesaid 4 Glou. ss For one that hath suffered shipwrack c. Soldier c. W S. c. one c. To all Constables Tythingmen c. Forasmuch as I am credibly informed that I S. the bearer hereof of low personage c. hath been at Sea and there the first day of May last suffered ship-wrack and hath not wherewith to relieve himself in his travel to the place of his birth or last dwelling These are to desire you to suffer him to pass the next way to the said place where he is limited to be within forty days next after the date hereof and not to trouble but rather to relieve him The like may be for a poor Souldier 5 Glouc. ss To travel W S. and I S. two of the Justices c. To all c. The bearer hereof I S. of c. having shew the cause of his travel desired our Testimonial or License for his safe travel to the City of B. shew whither he is to go wherefore we as much as is in us do license him to travel the direct way from H. in the County of G. to the said City so as his journey be not continued longer then twenty days next after the date hereof and pray you to suffer him to pass in peace so as he demean himself orderly And by these a Testimonial may be made for other things as for a Labourer in Harvest-time to go into another Countrey to work or a Servant departing at the end of his year CHAP. XXV Of a Certificate A Certificate of the Presentment or Verdict of the Jury may be made into the Kings Bench the like may be made of the Record of a Force viewed by the Justice These Certificates and the like may be made by the Justice of Peace by way of a Letter inclosing therein the Presentment of the Jury or the Record of the Justice except the same be removed by Certiorari the forms whereof see in the end of