shall be troublesome unto the Country by going abroad or otherwise shall escape away from the said house of Correction before they shall be from thence lawfully delivered that then the said Iustices shall set down such Fines and Penalties upon the said Master and Governors as the most part of them in their Quarter Sessions shall think fit and convenient C. 6. § 6. N. 1. All and every Temporal Iudge Iustices of Peace Oath and every other person c. that doth or shall receive any Fee of your Highness your Heirs and Successors viz. shall take the Oath of Allegiance before the Lord Chancellor c. Lord Treasurer Lord Admiral Lord Warden of the five Ports for the time being or one of them or before one of the Chief Iustices c. or before the Iustices of Assize of the same County where the Parties reside or other such persons as the Lord Chancellor c. shall thereunto Authorize § 26. N. 2. And viz. it shall be lawful to and for any two Iustices of Peace within any County City or Town-Corporate whereof one to be of the Quorum Justices to require any person or persons of the Age of eighteen years or above under the degree of a Baron or Baroness to take the said Oath § 26. N. 4. And if any person or persons whatsoever of and above the said Age Pope and under the said Degree c. shall stand and be presented indicted or convicted for not coming to Church or receiving the Holy Communion c. according to the Laws and Statutes of this Realm before the Ordinary or any other having lawful Power to take such Presentment or Indictment or if the Minister Pety-Constable and Church-Wardens or any two of them shall at any time hereafter complain to any Iustice of Peace near adjoyning to the Place where any person complained of shall dwell and the said Iustice shall find cause of Suspition that then any one Iustice of Peace within whose Commission or Power such person shall at any time hereafter be or to whom Complaint shall be made as aforesaid shall upon notice thereof require such person or persons to take the said Oath Imprisonment And that if any person or persons being of the Age of eighteen years or above § 26. N. 5. shall refuse to take the said Oath duly tendered to him or her according to the true intent and meaning of this Statute that then the persons authorized by this Law to give the said Oath shall and may commit the said Offender to the Common Goal there to remain without Bail or Mainprize until the next Assizes or general Quarter Sessions to be holden for the said Shire Division Limit or Liberty where the said Oath shall be again in the said open Sessions required of such person by the said Iustices of Assize or Iustices of the Peace then and there present or the greater number of them Oath And if the said person § 26. N. 6. c. shall refuse to take the Oath being tendered to him or her by the said Iustices of Assize and Goal-delivery in their own Assizes or Goal-delivery or the Iustices of Peace or the greater part of them in their general or Quarter Sessions every person so refusing shall incur the Danger and Penalty of Premunire mentioned in a Statute c. viz. 16 Rich. 2. Cap. 5. § 2. N. 6. except Women Covert who shall be committed only to Prison there to remain without Bail or Mainprize till they will take the said Oath Drapery For the preventing and reformation c. viz. of Deceits C. 7. § 2. N. 1. c. be it Enacted c. that all c. who shall unjustly falsely or deceitfully convey away imbezil purloyn sell or detain any part of the Wool or Yarn delivered by any Clothier Maker of Bays Says or by any other person c. making such Cloths or Stuffs to any such Sorter Carder Kember Spinster or Weaver of Wool or Yarn that in every such Case and Cases as well the Sorter Carder Kember Spinster and Weaver so offending as the Buyer c. Receiver c. of the same knowing the same being thereof lawfully convicted by Confession of the Party c. so offending or by one sufficient Witness upon Oath before two or more of the Kings Majesties Iustices of the Peace of the same County or Liberty where the same Offence c. shall be committed or if it be within a Town-Corporate before the Mayor Bayliff or Chief-Officer and one more of the Aldermen or most substantial persons of the said Town Justices Who shall by force of this Act have full Power and Authority to minister the same Oath § 2. N. 2. and finally to hear and determine all and every the Offences aforesaid Damages Shall give and make to the Party c. grieved § 2. N. 3. such recompence and satisfaction for such their damage and loss as by the said Iustices or Chief-Officers shall be ordered and appointed Fowl For the preventing c. viz. of Destruction of Corn C. 11 § 2. N. 1. Partridge and Phesants c. be it Enacted c. that all c. which c. doth or shall hawk or destroy or kill any Phesant c. or Partridges with any kind of Hawk c. or Dogs by colour of hawking between the first day of July and the last day of August and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of two sufficient Witnesses upon Oath before two or more Iustices of Peace of the said County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the Offence shall be committed or the Parties apprehended Days Provided that no Offenders shall be impeached or punished by vertue of this Act § 4. N. 1. unless he or they be accused as delinquent before the said Iustices of Peace within six Months next after the said Offence c. committed or done Imprisonment Be it therefore further Enacted c. that all c. which c. shall take § 8. N. 1. kill or destroy any Phesant or Partridge with setting Dogs and Nets or otherwise with any manner of Nets Snares or Engines and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of one sufficient Witness upon Oath before two or more Iustices of the Peace of the same County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the said Offence shall be committed or the Party apprehended § 8.
the said West Riding of the County of York consisting of all the Iustices of the Peace of the said West Riding for the time being two Masters ten Wardens twelve Assistants and Commonalty N. 6. And the said Wardens Masters and Assistants respectively Oath shall within Eight dayes after their first Choice and Election take the Oaths of Allegiance and Supremacy which any two Iustices of the Peace within the West Riding whereof one to be of the Quorum have hereby power to administer c. § 13. N. 2. And for want of such distress viz. in him that forfeits xx l. for Counterfeiting Forfeiture Seal c such person c. to be committed to the Common Goal of the County where he or they shall be found by Warrant under the Hand and Seal of any one of the Iustices of the Peace of the said County there to remain without Bail or Mainprise for the space of six months or until such person c. shall have paid the Fine c. Books And if any Iourneyman c. Printers or Founders of Letters for Printing C. 33. § 14. N. 4. shall refuse Imployment being offered to him or them by any Master Printer or Master Founder of Letters respectively or neglect it when he or they have undertaken it he or they so refusing or neglecting shall suffer Thrée months Imprisonment at the least without Bail or Mainprise upon Conviction of such his said refusal or neglect by Two Witnesses before any one or more Iustice or Iustices of the Peace who are hereby Impowered to hear and examine the said Offences and to commit the said Offender c. to the Common Goal of the County where he or they shall be apprehended License And if the said Books viz. found by Searchers c. so Imprinting § 15. N. 2. Binding or Stiching shall not be Licensed then to seize upon so much thereof as shall be found Imprinted together with the several Offenders and to bring them before one or more Iustices of the Peace who are hereby Authorized and required to Commit such Offenders to Prison there to remain until they shall be tryed and acquitted or convicted and punished for the said Offences Apprentice And for the second Offence viz. by Printers or Founders against this Act § 18. N. 2. they c. shall forever thence after be dissabled to use or exercise the Art or Mystery of Printing or of Founding Letters for Printing and shall also have and receive such further punishment by Fine Imprisonment or other Corporal punishment not extending to Life or Limb as by the Iustices of the Court of Kings-Bench or Iustices of Oyer and Terminer or Iustices of Assize in their several Limits or Iustices of the Peace in their several Quarter-Sessions shall be thought fit to be Inflicted Justices The which said Iustices of the Peace in their several Quarter Sessions N. 3. shall have full power and authority to hear and determine all and every Offence c. that shall be committed against this Act viz. of Printing c. or against any branch thereof upon Indictment or Information by any person c. to be taken before them in their Sessions of the Peace respectively and shall certifie into the Court of Exchequer as in other like Cases they are bound to do the Fines by them Imposed c. and shall and may also by vertue hereof Award Process and Execution for the taking or punishing such Offenders as in any other Case they lawfully may do by any the Laws and Statutes of this Realm Statuta 15 Car. 2. Wayes ANd c. the Iustices of Peace at the Sessions of the Peace to be holden next after Easter every year for the said respective Counties viz. Hertford 15 Car. 2. C. 1. Cambridge and Huntington from time to time shall and are hereby Impowered to nominate and appoint nine sufficient and able Persons residing Inhabiting within the said several and respective Counties to be Surveyers in the several Places in the said Highwayes for the year from thence next ensuing 16. 17. Car. 2. Cap. 10. § 4. N. 1. Forfeiture And be it further Enacted That if any § 8. N. 1. c. not having any lawful cause to be allowed as aforesaid shall neglect or refuse to take upon him or them the said Office of Surveyer being thereunto Nominated and Chosen according as by this Act is appointed or to do or perform his or their duty in the due and speedy Execution of this present Act the said Iustices of the Peace for the several and respective Counties where such Surveyer c. dwell at thier Quarter Sessions shall and may hereby have power to Impose c. such Fine c. not excéeding Ten pounds upon Each Person so refusing or neglecting as to them shall séem meet and to cause the same to be levied by Distress and Sale of his or their Goods c. Officer And in Case of refusal or if any c. so Chosen c. shall happen to dye § 9. N. 2. or shall for any lawful Impediment be discharged c. that then some other fit Person c. within that County shall be appointed by two or more Iustices in the said County living near the said Highway c. and the person c. so Chosen shall and are hereby upon notice thereof to him or them given under the Hands and Seals of the said Iustices by whom he or they shall be so Chosen to take upon him or them the said Office of Surveyer c. and under such and the like penalties as if he or they had been Chosen by the Iustices at their Sessions of the Peace in manner as aforesaid 16. 17. Car. 2. 10. § 4. N. 1. C. 2. § 2. N. 3. And viz. any Person c. by Warrant under the Hand and Seal of any one Iustice of the Peace directed to any Officer Woods such Officer shall have power to enter into and search the Houses Outhouses Yards Gardens or other places belonging to the Houses of all and every Person c. they shall suspect to have any kind of Wood under-Woods Poles or young Trées or Bark or Bark of any Trees or any Gates Stiles Posts Pales Rails or Hedgewood Broom or Furze § 3. N. 2. And if such Offender c. do not make recompence c. to the said owner Imprisonment c. and also pay the said Sum viz. set by the said Justice not exceeding x s. for Breaking Cutting or Stealing c. to the Poor c. 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 excéeding one month or to be whipped by the Constable or other Officer as in his Iudgment shall séem expedient C. 11. § 7. N. 1. Be it Enacted That c. two able
and claiming also duty of their Tenants and Servants where none such duty is to go with them when such Assembly Riot or Rout shall be Riot And after the same divers of the said Servants and Persons oft times retreat and absent themselves by the agreement coviy § 1. N. 3. and counsel of the said Masters and of the said principal Rioters so that they may not be taken nor brought to answer to the Law as the Laws require Indictment And if any Indictments be had § 1. N. 4. it shall be made upon such Persons as so retreat and absent themselves and nothing founden against the said principal Rioters in deceit and fraud of the said good Statutes Acts and Ordinances thereof made to the great courage and boldness and comfort of the Evil Doers most Danger Ieopardy and Peril of your said well disposed Subjects and to the worst example that thereby may ensue if hasty remedy therein be not provided Riot It may therefore please your Highness of your most loving disoosition § 1. N. 5. that you bear and owe to the Common-weal of this your Land and to the great Surety of your Subjects of the same by the advice of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by authority of the same to Do Ordain Enact and Establish that whatsoever Person or Persons within the Realm of what Estate Degree or Condition he be that hereafter unlawfully raise Assemblies or lead your People within this your Realm without your Commandment or Authority of your Laws and commit any Riot that then if the Party greived or any other Person in the Kings behalf complain to the Iustices of the Peace within the County where such Riot is done or to any of them having authority to inquire of the same where such Riot or unlawful Assembly shall be made by Bill containing the Riot and the circumstance of the same and of what Town Shire Mystery or Condition every of the Persons against whom the same Complaint be made is dwelling or else if the said Roiters be Indicted thereof then thereupon the said Iustices and every of them have authority and power in the next general Sessions of the Peace within the same County to be holden after the Complaint so to them made or Indictment thereof had afore the same Iustices to do make Proclamation that the said Master or Masters Principal or Principals Leader or Leaders that unlawfully cause the said People to gather or rise that they appear Personally at the next general Sessions of the Peace after the said Proclamation so made § 1. N. 6. And every other Person or Persons Accessory that were present and attendant upon him or them by his or their commandment procuring or assent contained in the said Proclamation at the said Riot Rout and Assembly and every of them personally to appear at the said next Sessions of Peace next after the said Proclamation to be holden within the said County § 1. N. 7. At which day if the said Master or Masters War Principal or Principals Leader or Leaders or any other of the foresaid Offenders appear then he or they to be put to answer thereunto if it seem to the said Iustices reasonable and to be put to sufficient Bail by Recognizance before the said Iustices to appear personally from Sessions to Sessions unto the time the Complaint be discussed § 1. N. 8. And if he or they refuse so to do then he or they be committed to ward Imprisonment there to remain till they will § 1. N. 9. And if any of the Persons against whom such Complaint or Indictment is had or made dwell in any other County Process than in the same County where such Riot and Assembly is made that then the Iustices to or afore whom the same Complaint or Indictment is had or made do send a Transcript of the same Complaint or Indictments to some Iustices of the Peace in the County where such Person is dwelling desiring him to cause Proclamation to be made in the next general Sessions of the Peace in that County to be holden that the same Person or Persons appear at the next Sessions of the Peace in the Shire where the said Riot is done next after the same Proclamation to be holden § 1. N. 10. And if the same Person or Persons dwelling in a forreign Shire appear Leiu then like order to be had for he or them so appearing as is afore specified for and to them that been dwelling in the said Shire whereby the said Riot is supposed to be done § 1. N. 11. And if the same Person or Persons Notice or any of them against whom such Proclamation is made in the County where the said Riot is supposed to be done and they be dwelling at the time of the same Proclamation making in the same County make default and appear not at the said general Sessions to him or them limited in the large Proclamation and oft soones after that make default and appear not at the next general Sessions after that so that like Proclamation be made as is aforesaid and if any of the said Rioters against whom Proclamation is made in a foreign Shire where they be dwelling make default at the day and place in the said Proclamation to them limited then he or they in whether of the said Shires they dwell that so make default to stand and be adjudged and convict upon the same defaults of the said Riot and unlawful Assembly as if he or they were thereof convict by the due Order of the Law without he or they can make such lawful Excuse as the said Iustices shall think reasonable by their discretion § 1. N. 12. And thereupon such process to be awarded Process as is accustomed upon Condemnations of Trespass in your Common Bench at the Suit of the Party § 1. N. 13. And that the said Iustices of Peace have authority to hear and determine the rehearsed causes Justices as well upon Bill before them as by Indictments and upon the same Bill or Indictments to proceed and determine the same by Inquest according to the course of the Common Laws and the Party thereby and thereupon to stand convict as perfectly as if they were thereupon convict by due process of the Law War And if the said Master or Masters Principal or Principals § 1. N. 14 Leader or Leaders or any other afore rehearsed Offenders be convict upon the premises then he or they be committed to prison there to remain and abide without Bail or Mainprize by such time and space as shall be thought reasonable by the discretion of the said Iustices and then e're he or they depart out of their prison to pay their Fine sessed after the descretion of the said Iustices his or their behaviour and Offences considered Peace And that it
contrary thereof notwithstanding Apprentices And for the better Execution of this Act be it further Enacted C. 3. § 6. N. 1. c. that all c. appointed by this Act to have the imploying and disposing of any sum or sums of mony so given or to be given as aforefaid viz. for binding out Apprentices c. within any Town or Parish not Corporate shall c. once every year in the Easter week or within one Month next after Easter day make a true and perfect Account before four three or two Iustices of the Peace dwelling in or next to every of the said Towns or Parishes of all such sum and sums of mony as they or any of them have imployed in binding of Apprentices by vertue of this Act and of all Bonds and Obligations taken for the paiment thereof and also of all such sums of mony as then shall haypen to be remaining in their hands not imployed Poor Which houses viz. of Correction shall be purchased C. 4. § 2. N. 2. conveyed or assured unto such person or persons as by the Iustices of Peace or the more part of them in their Quarter Sessions of the Peace to be holden within every County of this Realm of England and Wales upon Trust to the intent the same shall be used and imployed for the keéping correcting and setting to work of the said Rogues Vagabonds or sturdy Beggers and other idle and disorderly persons Justices And be it further Enacted § 4. N. 1. c. that the Iustices of Peace of every County within the Realm of England and Wales at their Quarter Sessions of the Peace to be holden before their several Counties next after the erecting providing or building of the said house or houses and from time to time or the most part of them shall elect nominate and appoint at their Will and Pleasure one or more honest fit person or persons to be Governour or Masters of the said house or houses so to be purchased erected built or provided Process And be it further Enacted § 5. N. 1 c. that the said Iustices of Peace of every County within every of their several Divisions twice in every year at the least and oftner if there be occasion shall assemble and meet together for the better Execution of this Statute and that some four or five days before their Assembly and meeting the said Iustices or the more part of them shall by their Warrant command the Constables and Tything-men of every Hundred Town Parish Village and Hamlet within their several Divisions which shall be assisted with sufficient men of the same Places to make a general privy search in one Night within their said Hundreds Towns Villages and Hamlets for the finding out and apprehending of the said Rogues Vagabonds wandring and idle persons Poor And that such Rogues Vagabonds § 5. N. 2. wandring and idle persons as they shall then find and apprehend in the said search shall by them be brought before the said Iustices at the said Assembly or Meeting there to be examined of their idle and wandring Life there to be punished or otherwise by their Warrant to be sent or conveyed unto the said House c. of Correction within the said County or to his Deputy or assigned to be set to labor and work Constables At which days and times of Assembly and Meeting so to be held by the said Iustices of Peace § 5. N. 3. the Constables and Tything-men of every Hundred Parish Town Village and Hamlet shall then appear in every their several Divisions before the said Iustices of Peace at the said Assemblies or Meetings and there shall give Account and Reckning upon Oath in Writing and under the Hand of the Minister of every Parish what Rogues Vagabonds and wandring and disorderly persons they have apprehended both in the same search and also between every such Assemblies and Meetings and how many have been by them punished or otherwise sent unto the Houses of Correction which if the said Constables or Tything-men shall neglect to perform as also to convey safely all such Rogues with all other idle and disorderly persons at the Charge of the Hundred as by the Iustices of Peace their Warrants shall be sent unto the houses of Correction in the same County that then they shall forfeit such further Fines Pains and Penalties as by the said Iustices of Peace or the most part of them shall be thought fit and convenient not exceeding the sum of 40 s. for every Offence § 6. N. 1. Be it therefore Enacted Poor c. that the said Masters or Governours of the said houses of Correction shall have such sums of mony yearly as shall be thought meet by the most part of the Iustices of Peace within the said County at the Quarter Sessions of the Peace the same to be paid Quarterly beforehand by the Treasurers appointed c. viz. 43 Eliz. Cap. 2. § N. during the time they the said Masters and Governours shall be imployed in the said Service the said Master and Governor giving sufficient Security for the continuance and performance of the said Service § 7. N. 1. And because great Charge ariseth upon many places within this Realm by reason of Bastardy Bastardy beside the great Dishonour of Almighty God Be it therefore Enacted c. that every lewd Woman which c. shall have any Bastard which may be chargeable to the Parish the Iustices of Peace shall commit such lewd Women to the house of Correction there to be punished and set on work during the term of one whole year § 7. N. 2. And if she shall Eftsoons offend again Imprisonment that then to be committed to the said house of Correction as aforesaid and then to remain until she can put in good Sureties for her good behavour not to offend so again § 8. N. 3. And if either such Man or Woman viz. having Children likely to charge the Parish being able to work Process and shall threaten to run away and to leave their Families c. the same being proved by two sufficient Witnesses upon Oath before two Iustices of Peace in that Division that then the said persons so threatning shall by the said Iustices of Peace be sent to the houses of Correction unless he or she can put in sufficient Sureties for the discharge of the Parish there to be dealt with and detained as a sturdy wandring Rogue and to be delivered at the said Assembly or Meeting or at the Quarter Sessions and not otherwise § 9. N. 1. Be it therefore Enacted Amercement c. that if they viz. the Masters of houses of Correction shall not every Quarter Sessions yield a true and lawful Account unto the Iustices of Peace of all such persons as have been committed to their Custody or if the said persons committed to their Custody or any of them
their respective Counties Cities and Towns Corporate and to seize the same any Act Statute c. notwithstanding C. 15. § 2. N. 2. Viz. None to be Silk-Thrower unless seven years Apprentice Drapery upon pain that every person so Offending contrary to this Act shall pay c. forty shillings for every month c. the one Moiety c. to the use of his said Majesty c. and the other c. to such c. as shall sue for the same in any of the Courts of Record within this Realm c. or before any the Iustices of Oyer and Terminer or the Iustices of the Peace at their Quarter Sessions of the Peace by Action of Debt Bill Plaint or Information c. § 6. N. 2. Be it further Enacted c. That every such silk winder and doubler Collusion who shall at any time hereafter unjustly or deceitfully and falsely Purloin Imbezil Pawn Sell or Detain any part of Silk delivered c. by any Silk-thrower or other person to them or any of them to wind or double that in every such Case c. as well the Winder or Iourneyman so offending as the buyer c. receiver c. of such Silk being thereof lawfully Convicted by confession of the party c. or by one Witness upon Oath before one or more of the Iustices of Peace of the County or Liberty where the same Offence c. shall be committed or if it be within any City or Town Corporate before the Mayor c. who by force of this Act are Impowered c. to minister the same Oath and finally to hear and determine all and every the Offences aforesaid and to give and make to the party c. Grieved such recompence and satisfaction for such their Damage and Loss and Charges thereabouts as by the said Iustice or Iustices or chief Officers shall be ordered and appointed § 7. N. 1. Provided that no more Damage be given Damages c. then the party grieved shall prove he is damnified and hath expended in looking after the same and if the party c. so offending shall not be able c. to make recompence c. within fourtéen days next after such Conviction c. as by the Iustice c. or chief Officers shall be ordered c. then the party c. so offending for the first Offence shall be apprehended and whipped or set in the Stocks in the place where the Offence is Committed or in some Market Town in the said County near unto the place c. as shall be limitted and appointed by the said Iustice or Iustices of the Peace or chief Officers and for the second Offence to incur the like or such further punishment by whipping or being put in the Stocks as the said Iustice or Iustices of the Peace or chief Officers shall in their Discretion think fit and convenient C. 18 § 12. N. 1. And for the better execution of this Act Merchants viz. against Exportation of Sheeps Wool Woolfels Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers Earth fulling Clay or Tobacco-pipe Clay c. Be it further enacted That all Iustices of Assize c. and Iustices of Peace shall Inquire of all the Premisses in their General Quarter Sessions and hear and determine the same C. 20. § 1. N. 2. Be it notwithstanding viz. 12 Car. 2. 24. § 13. Enacted c. that Purveyance c. as often as the Service of his Majesties Navy or Ordnance shall require any Carriages by Land c. upon notice given in Writing by Warrant under the Hand and Seal of the Lord High Admiral c. of two or more of the principal Officers or Commissioners of his Majesties Navy c. the Master c. the Lieutenants of his Majesties Ordnance for the providing of Carriages for the respective Service of the Navy or Ordnance unto two or more Iustices of the Peace dwelling near unto the place where the said Carriages shall be required the said Iustices of the Peace may and shall immediately Issue forth their Warrants unto such of the adjacent Parishes Hundreds or Divisions as they shall judge fit within their respective Counties and Divisions not being above Twelve miles distant from the place of Lading for the sending to a certain place and at certain times to be specified and appointed in the said Warrants such numbers of Carriages with Horses or Oxen sufficient for the said service as by the Lord High Admiral c. or by the Master or Lieutenant of his Majesties Ordnance c. or by the principal Officers or Commissioners of his Majesties Navy respectively c. shall be by writing under their Hands and Seals required Cap. 22. Whereas a great Number of lewd Scotland disorderly and lawless persons being Thieves and Robbers who are commonly called Moss-Troopers have successively for many and sundry years last past béen bred resided in and frequented the Borders of the two respective Counties of Northumberland and Cumberland and the next adjacent parts of Scotland and they taking the opportunity of large wast Grounds Heaths and Mosses and the many Intricate and Dangerous wayes and by-paths in those parts do usually after the most notorious Crimes committed by them escape over from the one Kingdom into the other respectively and so avoid the hand of Iustice in regard the Offences done and perpetrated in the one Kingdom cannot be punished in the other 29 30 Car. 2. 2. War And whereas since the time of the late unhappy Distractions § 2. N. 1. such Offences and Offenders as aforesaid have excéedingly more increased and abounded and the several Inhabitants of the said respective Counties have béen for divers years last past necessitated at their own frée and voluntary Charge to maintain several Parties of Horse for the necessary defence of their Persons Families and Goods and to the end the aforesaid evil and pernitious members might be apprehended and brought to Iudgment Taxes And whereas the most part of the Inhabitants of the said Counties N. 2. being more remote from the Borders then other persons and consequently not so much exposed to eminent dangers as others are therefore unwilling to contribute their proportionable parts of the aforesaid Charge and yet notwithstanding it cannot probably or possibly be Avoided but that those Inhabitants of the respective Counties who hold themselves most secure most certainly sustein much Damage and Detriment in their Goods and Estates in case the aforesaid Moss-Troopers be not timely suppressed but suffered to grow numerous strong and potent which they must needs do in case there be no restraint upon them Scotland Be it Enacted N. 3. c. That from and after the Feast of St. Michael the Archangel which shall be in the year of our Lord One thousand six hundred sixty and two for and during the term of Five years next ensuing the date of this present
habeat coram Justiciariis dictae Dominae Reginae ad pacem in Com' predict ' conservand ' assignat ' ad proximam Generalem Sessionem Pacis in eodem Com' tenend ' ad respondend ' dictae Dominae Reginae quare de Villa de M. in Com' predict ' ubi in hyeme Anno regni dictae Dominae Reginae nunc 26. morabatur quamquam in eadem Villa de M. servitium competens eidem B. per quendam A. B. de M. predict ' Yeoman oblatus fuisset ad serviend ' tamen extra predict ' Villam de M. in estate tunc proximè sequent ' recessit in predict ' Dominae Reg ' nunc contempt ' ipsius A. grave dampnum contra form ' Statut ' inde nuper edit ' provisi Dat' c. Dalt 82. see 5 Eliz. 4. § 23. N. 1. LXIX Crompt 238 239. Imprisonm Warrant ' ad deliberand ' Prisonar ' capt ' pro transgr ' tangent ' Statutum de servient ' H. G. Armig ' unus Justiciar ' Domini Regis nunc ad pacem in Com' pred' conservand ' assignat ' Vicecom ' Comitat ' predict ' ac custodi Goale dicti Domini Regis sive ejus locum tenenti eorum cuilibet salutem Quia S. W. de A. Staff ss in Com' predict ' Labourer venit coram me invenit sufficient ' securitatem essendi coram Justiciar ' dicti Domini Regis ad pacem in Com' predict ' conservand ' necnon ad diversas felonias c. in eodem Com' audiend ' terminand ' assignat ' ad proximam Generalem Sessionem Pacis in Com' predict ' tenend ' ad respondend ' tam dicto Domino Regi quam cuidam J. B. de A. Yeoman de diversis contemptibus transgressionibus contra form ' Statut ' de servient ' nuper editi provisi Ideo vobis cuilibet vestrum mando quod predict ' S. W. sine dilatione de custodia vestra deliberari facias seu aliquis vestrum deliberari faciat si ea de causa non alia in custodia vestra detineatur Datum c. 10 die Aug. Anno regni c. LXX A Mittimus to the House of Correction for disorderly Servants Process or other Idle persons Infra 79. I Have sent you herewithall the Body of E. C. in the said County Suff. ss being an idle dissolute and disorderly Fellow or one that will not keep his Service nor follow any honest course of life These are therefore to will and require you to receive the said E. C. and him safely to keep until he shall be thence delivered by my self or some other of his Majesties Justices of the Peace of this County And in the mean time to hold him to such Works and to give him such punishment by putting Fetters or Gives upon him and by moderate Whipping him as in good discretion you shall find cause yielding him for his maintenance only so much as he shall deserve or earn by his labour and work and that at the next Quarter-Sessions you have the said E. C. together with this our Warrant and hereof fail you not at your peril Dated c. See 7 Jac. 4. LXXI A Mittimus to the House of Correction Departure of a Servant departed from his Master contrary to his reteiner WHereas I. F. of W. in the County aforesaid Labourer was lawfully reteined in Service with I. D. of W. aforesaid Suff. ss Yeoman and hath often departed from his said Service before his term expired without his Masters leave or license or any other reasonable cause contrary to the Laws and Statutes of this Realm These are therefore in his Majesties Name to will and require you to receive and take into your custody the said I. F. and him safely to keep until he shall thence be delivered by due order of Law And in the mean time to hold him the said I. to such Labour and Work and give unto him such punishment as by the Laws are required Giving and yielding him such and so much maintenance as he the said I. shall by his labour and work deserve or earn and that you have the said I. at the next Quarter-Sessions to be holden at W. aforesaid together with this Warrant unless he the said I. F. shall before that time in the presence of some Justice of the Peace find sufficient Sureties well and faithfully to serve his said Master according to his Covenants and hereof fail you not at your peril Given under my Hand and Seal at my house at I. this _____ day of c. To the Keeper of the House of Correction of W. LXXII A Warrant for a Servant which departs from his Master contrary to his reteiner Midd. ss FOrasmuch as I am informed that A. B. was reteined with D. of C. for divers years yet to come as his Servant and that contrary to his reteiner the said A. B. is departed from his said Master before the said term expired contrary to the Law in that behalf These are c. to require you immediately upon sight hereof to bring before me or some other of his Majesties Justices of the Peace of this County the said A. B. to answer the premisses unless he shall be content to serve his said Master willingly according to his said reteiner And hereof fail you not c. Deeds LXXIII Dalt 391. cap. 128. Indentures for Apprentices THis Indenture made the _____ day of _____ witnesseth That A. B. C. D. and E. F. Overseers for the Poor in the Town of H. in the County of C. and I. S. Churchwardens of the same Town by and with the consent of I. N. and M. D. Esqs two of his Majesties Justices of the Peace for the County of c. have by these presents put placed and bound I. H. being a poor Fatherless and Motherless Child as an Apprentice with R. W. of H. aforesaid Yeoman and as an Apprentice with him the said R. W. to dwell from the day of the date of these presents until the said I. H. shall come to be of the Age of 24. years according to the Statute in that behalf provided By and during all which time and term the said I. H. shall the said R. W. his Master well and faithfully serve in all such lawful business as the said I. H. shall be put unto according to his power will and ability and honestly and obedientially in all things shall behave himself towards his said Master his Wife and Children and orderly and honestly towards all the rest of the Family of the said R. W. And the said R. W. for his part promiseth c. during all the said term to find unto his said Apprentice Meat Drink Linen Woollen Hose Shoes and all other things needful or meet for an Apprentice c. In witness whereof c. Lamb. 330. supra Dalt 92. cap. 40. Justices LXXIV Dalt 331. cap. 117. There be sundry Precedents of
where the same Justice or high Constable shall appoint if it shall seem to the discretion of the said Justice of Peace or high Constable that it be convenient so to punish such Beggers to him brought XLIX 22 H. 8. 12. § 2. N. 3. And if not Imprisonment then to command such Begger to be set in the Stocks in the same Town or Parish where he was taken by the space of three days and three nights there to have only bread and water L. 22 H. 8. 12. § 2. N. 4. Lieu. And thereupon the said Justice or high Constable afore whom such Begger shall be brought shall limit to him a place to beg in and give him a Letter under Seal in form above remembred and swear him to depart and repair thither immediatly after his punishment to him executed LI. 22 H. 8. 12 § 3. N. 1. And be it further Enacted Ability c. That if any person c. Being hole and mighty in Body and able to labour at any time after the said Feast of Saint John be taken in Begging in any part of this Realm or if any Man or Woman being hole and mighty in Body and able to labour having no Land Master nor using any lawful Merchandize Craft or Mystery whereby he might get his living after the same Feast be Vagrant and can give no reckning how he doth lawfully get his living that then it shall be lawful to the Constables and all other the Kings Officers Ministers and Subjects of every Town Parish and Hamlet to Arrest the said Vagabonds and Idle persons and them bring to any of the Justices of the Peace of the same Shire or Liberty or else to the high Constable of the hundred Rape or Wapentake within which such persons shall be taken and if he be taken within any City or Town Corporate then to be brought before the Mayor Sheriff or Bailiff of every such Town Corporate LII 22 H. 8. 12. § 3. N. 2. And that every such Justice of Peace Pain high Constable Mayors Sheriffs and Bailiffs by their discretions shall cause every such Idle person so to him brought to be had to the next Market Town or other place where the said Justice of Peace high Constable Mayors Bayliffs and other Officers shall think most convenient by his or their discretions and there to be tyed to the end of a Cart naked and be beaten with Whips throughout the same Market Town or other place till his body be bloody by reason of such Whipping LIII 22 H. 8. 12. § 3. N. 3. Oath And after such punishment and whipping had the person so punished by the discretion of the Justice of Peace high Constable Mayor Sheriffs Bailiffs and other Officers afore whom such persons shall be brought shall be enjoyned upon his Oath to return forthwith without delay in the next and strait way to the place where he was born or where he last dwelled before the same punishment by the space of three years and there to put himself to labour like as a true man ought to do LIV. 22 H. 8. 12. § 3. N. 4. And after that done Pasport every such person so punished and ordered shall have a Letter Sealed with the Seal of the Hundred Rape Wapentake City Borough Town Liberty or Franchis wherein he shall be punished Witnessing that he hath been punished according to this Statute and containing the day and place of his punishment and the place whereunto he is limited to go and by what time he is limited to come thither within which time he may lawfully Beg by the way shewing the same Letter and otherwise not Proces LV. 22 H. 8. 12. § 3. N. 5. And if he do not accomplish the order to him appointed by the said Letter then to be Eftsoons taken and whipped and so as often as any default shall be found in him contrary to the order of this Statute in every place to be taken and whipped till he be repaired where he was born or where he last dwelled by the space of three years and there put his body to labour for his living or otherwise truly get his living without begging as long as he is able so to do Imprisonment LVI 22 H. 8. 12. § 3. N. 6. And if the person so whipped be an Idle person and no common Begger then after such whipping he shall be kept in the Stocks till he hath found surety to go to service or else to labour after the discretion of the said Justice of Peace Mayors Sheriffs Bailiffs High-Constables or other such Officers afore whom any such Idle person being no common Begger shall be brought if by the discretion of the same Justice of Peace Mayor Sheriff Bailiff High-Constable or other such head Officer it be so thought Convenient and that the party so punished be able to find surety or else to be ordered and sworn to repair to the place where he was born or where he last dwelled by the space of three years and to have like Letter and such further punishment if he Eftsoons offend this Statute as is above appointed to and for the Common strong and able Beggers and so from time to time to be ordered and punished till he put his body to labour or otherwise get his living truly according to the Law Justices LVII 22 H. 8. 12. § 3. N. 7. And that the Justices of Peace of every Shire Riding City Town and Liberty shall have power and Authority within the limits of their Commissions to enquire of all Mayors Bailiffs Constables and other Officers and persons that shall be negligent in Executing this Act. Constable LVIII 22 H. 8. 12. § 4. N. 1. And if the Constables and Inhabitants within any Town and Parish where any such impotent person or strong Begger doth happen to Beg contrary to the form of this Statute be negligent and take not every such impotent and strong Begger that so shall Beg against the form of this Statute and order and punish every such Begger as is above limited that then the Township or Parish where such default shall be shall lose and forfeit for every such impotent Begger that shall be suffered to beg within the said same Township or Parish not being taken ordered and punished according to the form of this Statute 3 s. 4 d. and for every strong Begger that shall happen to beg within any such Township or Parish not being taken and ordered as is above limited by this Statute 6 s. 8 d. the one half of all which forfeitures to be to the King c. And the other half to him that will sue for the same by any Bill of Information before the Kings Justices of his Peace in their General Sessions to be holden in the Shire or within any Liberty where such default shall happen Justices LIX 22 H. 8. 12. § 5. N. 1. And that all Justices of Peace within any Shire City Borough or
and to hold the said Slave to him his Executors or Assigns for the space of two years then next following and to order the said Slave as followeth that is to say to take such person adjudged a Slave with him and only giving the said Slave bread and water or small drink and such of meat as he shall think meet cause the said Slave to work by beating chaining or otherwise in such work and labor how vile soever it be as he shall put him unto 3 and 4 Ed. 6. 3. § 1. N. 2. Villenage CXLIV 1 Ed. 6. 3. § 2. N. 4. And if any manner of Slave either for loyterings or for the cause before rehearsed so adjudged shall within the space of the said two years here appointed run away depart or absent him from his said Master by the space of fourteen days together without License it shall not only be lawful to his said Master to pursue and search him again by vertue of this Act but also to punish such fault by chains or beating as is aforesaid Villenage CXLV 1 Ed. 6. 3. § 2. N. 5. And against the detainor if any man do willingly detain him knowing him to be a Slave as is aforesaid to have an Action of Trespass and recover thereby in dammages 10 l. besides the loss and charges of the suit for so detaining his said Slave Villenage CXLVI 1 Ed. 6. 3. § 2. N. 6. And further every such Master showing and proving by two sufficient witnesses the said offence and fault of his running away before two Justices of Peace of the same County whereof the one to be of the Quorum the same Justice shall cause such Slave or Loiterer to be marked on the Forehead or the ball of the Cheek with an hot Iron with the sign of an S. that he may be known for a Loiterer and a Runaway and shall adjudge the Loiterer and Runaway to be the said Masters Slave for ever Villenage CXLVII 1 Ed. 6. 3. § 2. N. 7. And if such Slave shall the second time run away or absent himself if the said Master shall prove the same second Running away with two sufficient witnesses before the Justice of Peace in their General and Quarter Sessions then every such fault and Running away to be adjudged Felony and such a Loiterer and Runnaway to be taken as a Felon and thereof being lawfully Indicted and attainted or otherwise condemned to suffer pains of death as other Felons ought to do CXLVIII 1 Ed. 6. 3. § 3. N. 1. Provided also and be it Enacted Clergy c. that no Clerk convicted shall hereafter make his purgation and upon such purgation be delivered and set at large otherwise than is in the Statute hereafter expressed CXLIX 1 Ed. 6. 3. § 4. N. 1. And be it further enacted Ordinary c. that every Clerk convict or hereafter to be convicted which should by the order of the Law enjoy the benefit of their purgation shall and may from henceforth find any man if they can who shall be bound with two sufficient Sureties to the Ordinary in the summ of 20 l. to the Kings Highness use to retain the said convict as his Slave and to keep the said person so convicted for the space of one year then next following that he shall not go abroad and at large and then the said convict shall be delivered to the said person so taking the same and being bound as is aforesaid to be his Slave for one whole year then next following by vertue of this Act in all such manner and form and to all such intents and purposes and with all such Orders Laws Conditions and penalties for Running away or other as is aforesaid of a Vagabond taken loytering and made a Slave burning in the brest only excepted and the Ordinary by the delivery of the said convict to such person being bound as is aforesaid to be of the keeping of the said convict clerely discharged and exonerated by vertue of this Act. CL. 1 Ed. 6. 3. § 5. N. 1. And if so be that the said Clerk so convict Bail cannot find any man to be bound as is aforesaid to whom he may be adjudged a Slave in the space of one year then at any time after the end of one year after his conviction it shall be lawful for the said Clerk convict to make his purgation as he might before this Estatute any thing in this present Act to the contrary notwithstanding CLI 1 Ed. 6. 3. § 6. N. 1. And where the Clerks convicted or attainted by the order of the Laws of this Realm cannot make their purgation Imprisonment and should perpetually by the same remain in prison Be it nevertheless enacted c. that if there be any manner of person who will at any time demand the same Clerk convicted or attainted and be bound to the Ordinary with two sufficient Sureties as is above written to keep the same as his Slave by the space of five years then next following that then the same shall be adjudged his Slave for like space with all such Orders Laws and Penalties for running away and other orders as is before expressed of a Vagabond adjudged to any man for a Slave the burning in the brest only excepted and upon the adjudgment delivered to such demandant the Ordinary from thenceforth of the keeping of such Clerk convicted or attainted clearely exonerated and discharged by vertue of this Act. CLII. 1 Ed. 6. 3. § 7. N. 1. And forasmuch as divers Women and Men go on Begging wayfaring Infant of the which some be impotent and lame and some able enough to labor which do carry Children about with them some four or five years of age or Younger or Elder which brought up in idleness might be so rooted in it that hardly they may be brought after to good thrift and labor CLIII 1 Ed. 6. 3. § 7. N. 2. Or if any Child above the age of five years and under the age of fourteen years Infant go idly wandring about as a Vagabond Infant CLIV. 1 Ed. 6. 3. § 7. N. 3. Be it Enacted c. that if any manner of person will take away such Child be it Male or Female of and from any such Begger being the Mother thereof Nourisher or Keeper whether they be willing or not or without any such Nourisher Mother or Keeper wandring and bring the said Child so taken away before one of the Constables of the Parish and two other honest and discreet Neighbours witnesses and before any Justice of the Peace there resiant and abiding and promise to bring the same Child up in some honest labor or occupation till he or she come to the age of twenty years the Woman Child or twenty four years the Man Child Infant CLV 1 Ed. 6. 3. § 7. N. 4. That then and immediatly the said Justice of Peace and Constable shall adjudge by virtue of this Act
the said Child unto the ages before specified to be Servants or Apprentices to the said person so taking and promising to be used and ordered in all points according as the Law and custome of this Realm is of Servants and Apprentices to what labor occupation or service soever the said Master shall appoint him or her during the said terme Infant CLVI 1 Ed. 6. 3. § 7. N. 5. And if it shall fortune such Child so adjudged to run away at any time one or more times from his or her Master or Mistres that then it shall be lawful for every such Master to take the said Child again and to keep and punish the said Child in chains or otherwise and use him or her as his Slave in all points for the time before rehearsed of the age of such Child that is to say till twenty the Woman Child and the Man Child twenty four Villenage CLVII 1 Ed. 6. 3. § 8. N. 1. Provided always that any Master either of the Men or of the Women so adjudged Slaves or of the Children adjudged Apprentices or Servants may Let set forth seal bequeath or give the service and labor of such Slaves or Servants so adjudged as is aforesaid to any person or persons to whomsoever he will upon such condition and for such terme of years as the said persons be adjudged to him for Slaves Servants or Apprentices after such like sort and manner as he may do of any other his moveable Goods or Chattels and they for the said space and time to be bound to all points and constructions to such lessee vendee donee or assignee as they were to their first apprehendors and Masters by virtue of this Statute Villenage CLVIII 1 Ed. 6. 3. § 9. N. 1. Provided always and be it enacted c. that if any such Slave or Slaves or Children so adjudged shall at any time after such Judgment maihem or wound their Masters or Mistresses in resisting their correction or otherwise or when they be manumitted and set again free or in the time of their service shall conspire with any other or by themselves go about to Murder and Kill or to Maihem Wound or Beat the said Master or Mistres or any that was their Master or Mistres or to burn their Houses Barns or Corn so that their intent come to an Act tending to the effect as lying in wait with Weapon or any such like shall be accounted Felony and they shall suffer therefore pains of Death as in case of Felony Villenage CLIX. 1 Ed. 6. 3. § 9. N. 2. Except that any such person or persons as be or had been Master or Mistres to any of them or he refusing any other will take such person so offending to their Slaves and then he or she so offending to be adjudged to the person so willing to take him or her so offending slave for ever and thereupon to be discharged of the Felony Villenage CLX 1 Ed. 6. 3. § 9. N. 3. The same Law and order to be had in all conditions if it should chance the Father Mother Nourse or other the bearer about of the Child or any other person or persons to steal away such Child adjudged Apprentice or Servant that is to be slave to such Apprentices or Servant's Master whose Apprentice or Servant was so stolen or inticed away for ever and the Master nevertheless to take and receive his said Apprentice or Servant again as if the said taking away had never been done CLXI 1 Ed. 6. 3. § 10. N. 1. Be it also Enacted Apprentice c. that although there be no man which shall demand such Loyterer or Loyterers as before expressed into their Service yet nevertheless the Justice of Peace in that City Borough Town or Hundred dwelling if any such be or else any other Justice of Peace of the same Shire and also there dwelling of his or their Office shall be hereafter bound by virtue of this Act not only to inquire of all such Idle-persons but also if they do espy any such Vagabonds or Idle-persons or if any such be detected unto them to examin him or her of the time of their Vagabondry CLXII 1 Ed. 6. 3. § 10. N. 2. Justices And if it shall appear to any Justice of Peace any such Man or Woman to have been a Vagrant and Vagabond or Idle-person by the space as is aforesaid to cause the same to be marked on the Breast with an V. made with an hot Iron CLXIII 1 Ed. 6. 3. § 10. N. 3. And also to inquire of him Lieu. the Town City or Village wherein he was born and then shall immediately give a Writing in Parchment seal'd with his Seal to the said Loyterer of the tenor and form which here ensueth CLXIV 1 Ed. 6. 3. § 10. N. 4. A. B. Justice of Peace in the County of S. to the Mayor or Cheif-Officer of the City of Z. if it be a City or to the Head-Borough Baily or Constable Certificate or Head-Officer of the Town of Z. if it be a Town or to the Constable or Tything-man of the Village of C. if it be a Village CLXV 1 Ed. 6. 3. § 10. N. 5. According to a most Godly Statute made in the first year of the Raign of our Soveraign Lord King Edward the sixth c. we have taken this Bearer J. K. Vagrantly Certificate and to the Evil Example of others without Master Service or Labor whereby to get his Living going loytering idly about and because the same saith he was born in C. in the County of S. whereof you are the Head-Officer or Constable we have sent him to you to be ordered according to the purport and effect of the same Statute CLXVI 1 Ed. 6. 3. § 10. N. 6. And with this Writing Constable shall deliver the same Loyterer to the Constable or other Head-Officer of the said City Town or Village wherein such Loyterer was taken to be safely by them conveyed to the next Constable and so from Constable to Constables and other Head-Officers till he or she be brought to the place the which he or she hath named themselves to be born in CLXVII 1 Ed. 6. 3. § 10. N. 7. And then to be delivered to the Head-Officer or Constables of that same City Borough or Town Village Lieu. Hamlet or Parish there to be nourished and kept of the same City Town or Village in Chains or otherwise either in the common Works in amending High-ways or other common works or from man to man in order till they which may bear be equally charged to be Slave to the Corporation of the said City or to the Inhabitants of the Town or Village that he or she was born in after all such Form Condition space of Years Orders Punishments for running away and all others as are expressed of a Common or Private Person to whom any such Loyterer is adjudged a Slave CLXVIII 1
Statutes of this Relam have not been put in due Execution and partly also by reason of the multitude of the same the extremity of some whereof have been occasion that they have not been put in ure 5 Eliz. 3. § 1. N. 6. CXCVI. 3 4 Ed. 6. 16. § 1. N. 2. Therefore and for divers good considerations it is Enacted c. that the Statute Villenage c. viz. 1 Ed. 6. 3. § 2. N. 3. concerning idle persons and Vagabonds in certain cases to be made Slaves c. and all and every Article matter proviso branch and sentence therein contained shall be from henceforth utterly repealed made frustrate void and of none effect 21 Jac. 28. § 11. N. 28. 69. CXCVII 3 4 Ed. 6. 16. § 2. N. 1. And that the Statute Continuance c. viz. 22 H. 8. 12. And every matter article proviso branch and sentence therein contained to be from henceforth revived made good and stand in full strength and vertue and shall continue and remain a perfect Act of Parliament for ever CXCVIII. 3 4 Ed. 6. 16. § 3. N. 1. And be it therefore Enacted Justices c. that all Justices of Peace and every of them within the limits of their Commission and the Mayors Sheriffs Bailiffs and other Officers within their several rules and offices shall within their several limits assemble together and make their several division according to the purport and effect of this Act at the next general Quarter Sessions of the Peace to be holden after the Feast of Easter next to come for the due speedy and diligent Execution of the same Act viz. 22 H. 8. 12. CXCIX 3 4 Ed. 6. 16. § 3. N. 2. And that if any such aged or impotent person after the Feast of Easter next to come Ability shall offend contrary to this Estatute that then the said offender shall be used and punished as in the same Estatute c. viz. 22. H. 8. 12. § N. is provided CC. 3 4 Ed. 6. 16. § 3. N. 3. And that before the Feast of Easter Pain no punishment shall be put in Execution against any such Impotent Lame and Aged person but only by the discretion of the next Justice of Peace of the same Shire where such offender shall be apprehended any thing in said Act viz. 22 H. 8. 12. to the contrary notwithstanding CCI. 3 4 Ed. 6. 16. § 4. N. 2. Be it Enacted Husbandry c. that such common laborers viz. in Husbandry being persons able in body using loytering and refusing to work for such reasonable wages as is most commonly given in the parts where such persons shall dwell shall be for every such times as he or they refuse to labor having reasonable wages as is aforesaid adjudged Vagabonds and shall be punished as strong and mighty Vagabonds in such manner and form as is declared in the said Act viz. 22 H. 8. 12. § N. Cottages CCII. 3 4 Ed. 6. 16. § 4. N. 4. Be it Enacted c. that all and singular Mayors Sheriffs Bailiffs Constables or other Head-Officers of any City Town or Village to which such resort is or shall be shall before the Feast of the Purification of our Lady next following see all such Idle Impotent Maihmed and Aged persons who otherwise cannot by their discretions be taken for Vagabonds which were born within the said City Town or Village or have been there most conversant and abiding by the space of three years and now decayed bestowed and provided for of the Tenantries Cottages or other convenient Houses to be Lodged in at the costs and charges of the said Cities Towns and Boroughs and Villages there to be relieved and cured by devotion of Good people of the said City Borough Town or Village 1 Ed. 6. 3. § 13. N. 2. Continuance CCIII 3 4 Ed. 6. 16. § 9. N. 1. And be it further Enacted c. that all and every Statute and Act of Parliament made for punishment of Vagabonds Slaves Aged and Impotent persons or any of them and every Article Sentence Clause or Proviso therein contained other than this pre-present Act and Statute made and the said Act c. viz. 22 H. 8. 12. shall be from henceforth utterly void repealed and of no effect or force Records CCIV. 3 4 Ed. 6. 16. § 11. N. 2. And the said Judgment viz. 1 Ed. 6. 3. § 7. N. 3. 4. shall be entred by the Clerk of the Peace in the said Sessions in form following Memorandum that at the Sessions of the Peace holden at or on the day c. one J. B. of the Town of J. had delivered to him according to the form of the Statute in that case provided B. D. esteemed to be of the age of seaven or eight years to be ordered according to the form of the said Statute Infant CCV 3 4 Ed. 6. 16. § 12. N. 1. And if it shall fortune such Child so adjudged to run away at any time once or more times from his or her Master or Mistres that then it shall be lawful for every such Master or Mistres to take the said Child again and to keep and punish the said Child in the Stocks or otherwise by discretion or otherwise at the liberty of such Master or Mistres to have a Warrant from any Justice of Peace in the same Shire where the Child so runs away for such Child running away or going away as is provided by the Statute of Laborers viz. 12 Ric. 2. 3. for such Servants as depart away from their Master or Mistres without a reasonable cause before the end of their terme 1 Ed. 6. 3. § 7. N. 5. Justices CCVI. 3 4 Ed. 6. 16. § 13. N. 1. And that every Justice of Peace shall by force of this Act have Authority and power to make such warrant against every such person so going and runing away in like form as they or any of them may do against any Servant departing out of his Masters service without License or reasonable cause and by force of the same Warrant the Child so running or going away to be taken and ordered in every degree as is provided by the said Statute c. viz. 12 Ric. 2. 3. as is aforesaid Apprentice CCVII. 3 4 Ed. 6. 16. § 14. N. 1. And be it further Enacted c. that if and as often as it shall chance the Father Mother Nource or other bearer about of the Child or any other person or persons to steal or intice away any such Child adjudged for a Servant as is aforesaid that then and so often it shall be Lawful for the Master or Mistres of the same Child to be at his or their liberty to take an action upon the Statute of laborers viz. 12 Ric. 2. 3. against every such person so stealing or Inticing away such Child as he or they might have by reason of the said
the time being shall have power to put other discreet persons learned in the Law in such Commissions though they have not Lands or Tenements to the value aforesaid by his Discretion War And if it be found by Enquiry before Iustices of Peace and proved C. 19. § 2. N. 5. that they viz. Souldiers have so mustred of Record and departed from their Captains aforesaid viz. within the term of retainer without Licence as afore is said viz. under Seal of Captain for Sicknes c. that then they shall be punished as Felons Sheriffs And that the Iustices of Assises in their Sessions 23 H. 6. C. 10. § 2. N. 13. c. and Iustices of Peace in their County shall have power to enquire hear and determin of Office without special Commission of and upon all them viz. Sheriffs Bailiffs Coroners c. that do contrary to these Ordinances in any Article or point of the same Fees And the Iustices of the Kings Bench and of the Common-place C. 11. § 3. N. 1. Iustices of Assises and Goal-delivery and Iustices of Peace in every County shall have power to enquire hear and determin of all the said Defaults as well by Enquiry at the Kings Suit as by Action at the Suit of the Parties viz. for undue levying of Wages of Knights of Shires of Parliament Attorney And if any Person or Persons usurp 33 H. 6. C. 7. § 3. N. 8. or presume to be Atturneys in Courts of Record in the said Counties viz. of Norfolk or Suffolk or City viz. of Norwich otherwise then before is specified viz. by Election of the Justices c. and that found by Enquisition taken before the Iustices of Peace in the said City or Counties which shall have power by Virtue of this Ordinance to enquire thereof in their Sessions or in any other manner lawfully proved that then he or they that so presume if they be thereof lawfully Convict shall forfeit twenty pounds c. Statuta Ed. 4. Sheriffs BVT that the said Sheriffs and their Vnder Sheriffs 1 Ed. 4. C. 2. § 3. N. 4. Clerks or Bailiffs and their Ministers shall bring present and deliver all such Indictments viz. of Felony Trespass c. or Presentments taken before them or any of them in their Towns or Law-days aforesaid to the Iustices of Peace at their next Sessions of the Peace that shall be holden in the County or Counties where such Indictments and Presentments shall be taken before the Iustices of such County or Counties for the time being Indictments And that the said Iustices of Peace shall have Power and Authority to Award Process upon all such Indictments as the Law doth require § 3. N. 6. and in like form as if the said Indictments and Presentments were taken before the said Iustices of Peace in the said County or Counties and also to Arraign and deliver all such Person or Persons so Indicted and Presented before the said Sheriffs Vnder Sheriffs their Clerks Bailiffs and their Ministers or any of them in their Towns or Law-days Amercement And all such Person or Persons which be Indicted or Presented of Trespass § 3. N. 7. shall make such a Fine as shall seem lawful by their Discretions Drapery And that every Iustice of Peace for the time being of every County of this Realm throughout the same County out of Cities 4 Ed. 4. C. ◠§ 6. N. ◠Boroughs and Towns where any Mayor Master Warden Bailiff or Bailiffs is or be and shall have Power and Authority by this Ordinance to hear and determin the Complaints of every such Cloath-maker and Labourer as well for Non-paymnt of the said Labourers wages as of the said Forfeiture and Dam ageseby due Examination of the Parties in this behalf thereupon for nonpayment of the said Duties and Forfeiture and for the said Damages to comit the said Offenders in this behalf to the next Goal within the same County there to remain till the said Duties Forfeitures and Damages be fully paid to the said Labourer or Cloath-maker § 6. N. 4. And also that every of the said Iustices of Peace Justices c. upon the Information or Complaint of any other Person which is not grieved in this behalf shall have power by the said Authority within his Iurisdiction to cause the Party to come before him against whom such Information or Complaint shall be made for Offending this Ordinance and to examin him in and upon the matter contained in the same Information or Complaint § 6. N. 6. And that every of the said Iustices of Peace Process c. within his Iurisdiction upon every of the said Informations or Complaints shall have full power to make like Process against the Party upon whom any such Information or Complaint as before is rehersed shall be made to cause him personally to appear before him thereupon to be examined as Iustices of Peace have upon Information or Complaint made to them for surety of the Peace without any Fee or Reward to be taken or had by any of the said Iustices c. 12 Ed. 4. C. 9. § 6. N. 14. And the Iustices of Peace in every place Corporate Corporation and the Iustices of Peace in every other place having Iustices of Peace within them shall have power to hear and determin every such Forfeiture viz. of Escheator not having twenty pound a year or Letting to Farm c. upon Presentment thereof had before them in their Sessions § 6. N. 15. In which Presentment like Process shall be had as is used upon Indictments of Trespass Process done with Force and Arms against the Kings Peace 17 Ed. 4. C. 4. § 1. N. 13. And also that the Iustices of Peace for the time being within any County of this Realm and every of them shall have full power to enquire Masons hear and determin by their discretions as well by Examination or otherwise the Defaults Offences and Trespasses which shall happen to be comitted contrary to this Ordinance viz. of Tile-makers as well at the Kings Suit as at the Parties which shall fell himself greived in that behalf § 1. N. 14. And if it be found or may appear Justices to the Iustices of Peace or any of them by Examination or otherwise by their Discretion that any Person or Persons hath offended contrary to this Ordinance that then the same Iustices before whom it shall be found or appear shall assess upon the Offenders in this behalf no less Fine than for every M. of plain-Tile set to sale contrary to this Ordinance V s. and for every C. of Roof-tile VI s. VIII d. and for every C. of Corner-tile or Gutter-tile II s. sold contrary to this Ordinance c. § 1. N. 15. And that the same Iustices shall have full power to call before them or any of them at any time and place
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
think meet and conferring together respecting Plenty or Scarcity of the Time and other Circumstances necessarily to be considered shall have Authority by vertue thereof within the limits and Precincts of their several Commissions to limit rate and appoint the wages as well of such and so many of the said Artificers Handy-Craftsmen Husbandmen or any other Laborer Servant or Workman whose wages in time past hath been by any Law or Statute rated and appointed § 15. N. 3. As also the wages of all other Laborers Artificers Fees Work-men or Apprentices of Husbandry which have not been rated 39 Eliz. 12. § 2. N. 1. § 15. N. 4. As they the same Iustices Days Mayor or Head-Officers within their several Commissions or Liberties shall think meet by their Discretions to be rated limited or appointed by the year or by the day week month or otherwise with meat and drink or without meat and drink § 15. N. 5. And what wages every Workman or Labourer shall take by the Great for Mowing Reaping or Threshing of Corn and Grain Husbandry or for Mowing or making of Hay or for Ditching Paving Rayling or Hedging by the Rod Pearch Lugg Yard Pole Rope or Foot and for any other kind of reasonable Labor or Service § 15. N. 6. And shall yearly before the twelfth day of July next after the said Assessments and Rates so appointed and made Certificate certify the same ingrossed in Parchment with the Considerations and Causes thereof under their Hands and Seals into the c. Court of Chancery 39 Eliz. 12. § 3. N. 1. § 17. N. 1. And be it further Enacted Justices c. that if all the said Iustices of Peace resiant within the Counties where they are or shall be Iustices of Peace and Mayors and Head-Officers do not before the tenth day of July c. yearly appear and assemble at the said general Sessions or within six weeks next after the said general Sessions and limit and rate the wages c. or be negligent or remiss in the Certificate thereof c. that then every Iustice of Peace c. in whom any such default or negligence shall be found being within the said County c. at the time of the said Sessions or at the times of the said rates of wages to be set within six weeks next after every such Sessions and not visited with any such Sickness as he could not travail thither without peril and danger of his Life or not having any other lawful and good Excuse to be allowed by the Iustices then assembled for the rating and taxing of wages or by the more part of them upon a Corporal Oath c. by some credible person assessed c. in the Book of Subsidy to the clear value of five pounds c. or by such other person as the most part of such Iustices shall allow c. shall for such default or negligence forfeit c. ten pounds c. 39 Eliz. 12. § 2 N. 4. Apprentice Provided always and be it Enacted c. that in the time of Hay § 22. N. 1. or Corn-harvest the Iustices of Peace and every of them c. shall and may cause all such Artificers and Persons as be meet to labour by the descretions of the said Iustices c. to serve by the day for the Mowing Reaping Shearing Getting or Inning of Corn Grain and Hay according to the Skill and Quality of the Person Women And be it further Enacted c. that two Iustices of Peace § 24. N. 1. c shall and may by vertue hereof appoint any such Woman as is of the age of twelve years and under the age of Forty years and unmarried and forth of Service as they shall think meet to serve to be retained or serve by the year or by the week or day for such wages and in such reasonable sort and manner as they shall think meet Husbandry And be it further Enacted §. 35. N. 1. that if any person shall be required by any Housholder having and using half a Plowland at the least in Tillage to be an Apprentice c. and shall refuse so to do that then upon Complaint of such House-Keeper made to one Iustice of the Peace of the County where the said Refusal is or shall be made c. they shall have full Power and Authority by vertue hereof to send for the same person so refusing Justices And if the Iustice § 35. N. 2. c. shall think the said person meet and convenient to serve as an Apprentice in that Art Labor Science or Mistery wherein he shall be so then required to serve that then the said Iustice c. shall have Power c. if the said person refuse to be bound as an Apprentice to commit him unto Ward there to remain untill he be contented and will be bounden to serve as an Apprentice should serve according to the true intent and meaning of this present Act. Apprentice And if such Master shall mis-use or evil intreat his Apprentice § 35. N. 3. or that the said Apprentice shall have any just cause to complain or the Apprentice do not his Duty to his said Master then the said Master or Apprentice being grieved and having cause to complain shall repair unto one Iustice of Peace within the said County c. who shall by his wisedom and discretion take such order and direction between the said Master and his Apprentice as the Equity of the Cause shall require Process And if for want of good Conformity in the Master § 35. N. 4. the said Iustice of Peace c. cannot compound and agree the matter between him and his Apprentice then the said Iustice c. shall take Bond of the said Master to appear at the next Sessions then to be holden within the said County c. to be before the Iustices of the said County c. if the said Master dwell within any such Apprentice And upon his appearance and hearing of the matter before the said Iustices § 35. N. 5. c. if it be thought meet unto them to discharge the said Apprentice of his Apprentice-hood that then the said Iustices or four of them at the least whereof one to be of the Quorum c. shall have Power by Authority hereof in Writing under their Hands and Seals to procure and declare that they have discharged the said Apprentice of his Apprentice-hood and the Cause thereof Justices And if the Default shall be found to be in the Apprentice § 35. N. 7. then the said Iustices c. with the Assistance aforesaid shall cause such due Correction and Punishment to be ministred unto him as by their Wisdom and Discretions shall be thought meet Fees And in Consideration of the Pains and Travail of the said Iustices of Peace § 38 N. 1. c. shall take and sustain
shall be delivered to any of the Church-wardens and Overseers of the Poor of any Parish c. where such Offender c. shall dwell and Warrant by them viz. the two Justices made to the said Overseers and Church-wardens for the levying of the said Forfeiture it shall and may be lawful to and for the said Church-wardens and Overseers for the time being or any of them or for the Successor c. of them c. to levy the sum c. which by the said Certificate and Warrant shall appear to be forfeited by way of Distress and Sale c. Imprisonment And in defect of such Distress § 5. N. 2. it shall be lawful to and for the said two Iustices of Peace to commit the Party c. so certified to have offended to the Common-Goal there to remain without Bail or Mainprize until Payment shall be made of the said sum c. Pleading And that if any Action c. shall § 5. N. 3. c. hereafter happen to be brought or commenced against any person c. for taking of such Distress c. or for or about any matter or thing concerning the same that then it shall and may be lawful to and for every such person c. against whom such Action c. shall be brought c. to plead the General Issue and give in Evidence and to be allowed double costs in every respect and degree as by the Statute c. viz. 7 Jac. Cap. 5. is already Provided and Enacted Forfeitures And be it further Enacted § 12. N. 1. c. that all Penalties and Forfeitures for want of length breadth and weight of Cloth c. limited by any former Act now in force or by this present Act shall be distributed into three equal parts whereof one third part shall be unto the said Overseers and Searchers finding and certifying the said Default of length breadth and weight as aforesaid to be recovered by them at or in the General Quarter Sessions of the Peace to be holden for the County City or Town-Corporate where the Offence therein shall happen to be done or committed by Action of Debt Bill Plaint or Information wherein no Essoyn Protection Previledge or Wager of Law shall be allowed Bankrupts And be it further Enacted C. 19. § 7. N. 1. c. that if any Bankrupt shall upon his or her Examination or Examinations to be taken before the said Commissioners executing the said Commission be found fraudulently or deceitfully to have conveyed away his or her Goods Chattels Lands Tenements Offices Fees Rents or Annuities or other Estate or any part thereof to the value of twenty pounds or above to the end and purpose to hinder the Execution of this Statute or of any other the aforesaid Statutes viz. 13 Eliz. Cap. 7. 1 Jac. Cap. 15. c. or thereby to defraud delay or hinder his or her Creditors of the same and shall not upon his or her Examination discover unto the said Commissioners and if it lye in his or her Power deliver unto the said Commissioners all that Estate Goods and Chattels so fraudulently and deceitfully conveyed away as aforesaid or by him or her his or her means kept or detained from the said Commissioners or that cannot make it appear unto the said Commissioners that he or she hath sustained some casual loss whereby he or she is disabled to pay what he or she then owed shall or may be indicted for such fraud or abuse at the Assizes or General Sessions to be holden before the Iudges of Assize or Iustices of Peace of the County or Place where he or she shall become Bankrupt § 7. N. ◠Coron And if upon such Indictment or Indictments the Bankrupt be thereof convicted he or she so convicted shall be set upon the Pillory in some publick place for the space of two hours and have one of his or her Ears nailed to the Pillory and cut off C. 20. § 1. N. 2. And that if any c. shall c. offend herein Oath viz. in prophane swearing or cursing either in the hearing of any Iustice of Peace of the County or of any Mayor Iustice of Peace Bailiff or Head-Officer of any City or Town-Corporate where such Offence is or shall be committed or shall thereof be convicted by the Oaths of two Witnesses or by the Confession of the Party before any such Iustice of Peace c. where such Offence is or shall be committed to which end every Iustice of Peace and every such Head-Officer shall have Power by this Act to minister the same Oath that then every such Offender shall for every time so offending forfeit and pay to the use of the Poor of that Parish where the same Offence is or shall be committed the sum of twelve pence § 1. N. 3. And it shall also be lawful for the Constable Process Church-wardens and Overseers of the Poor of that Parish by Warrant from such Iustice of Peace or Head-Officer to levy the same c. by Distress and Sale c. § 1. N. 4. And in discharge of such Distress the Offender Infant if he or she be above the Age of twelve years shall by Warrant from such Iustice of the Peace or Head-Officer be set in the Stocks by three whole hours but if the Offender be under the Age of twelve years and shall not forthwith pay the said sum of twelve pence then he or she by Warrant of such Iustice of Peace or Head-Officer shall be whipped by the Constable or by the Parent or Master in his presence § 2. N. 1. And be it further Enacted Pleading that if any such Offender shall commence any Suit in Law against any Officer or other for such distraining Sale of Goods whipping or setting in the Stocks the Defendant c. may plead the general Issue and give the special Matter in Evidence c. and if it be found against the Plaintiff or that the Plaintiff be nonsuit the Defendant c. shall be allowed good costs to be taxed by the Court. § 3. N. 1. Provided nevertheless Days that every Offence against this Law shall be complained of and Proved as abovesaid within twenty days after the Offence committed C. 21. § 4. N 1. And be it further Enacted Corn. c. that if the Horse-bread which any of the said Hostlers or Inholders shall make be not sufficient lawful and of due Assize according to the Price of Grain and Corn as abovesaid or that if any of them shall offend in any thing contrary to this Act then the Iustices of Assize Iustices of Oyer and Terminer Iustices of the Peace in every Shire Liberty or Franchise within this Realm Sheriffs in their Turns and Stewards in their Leets and Law-days shall have full Power and Authority to inquire hear and determine the said Defaults and Offences of the said Hostlers and
due Imployment of such Charitable Gifts according to the true intent and meaning of the Donors thereof except Gifts to the aforesaid Vses made in any Colledge Hall Frée-School or Hospital which have Visitors of their own and also to Hear and Determine all Offences Defaults and Defects in Surveyors or others concerning the Premisses Error Provided that if any Person be agrieved with such Order §. 15. N. 1. they shall have Liberty to appeal to the Court of Chancery as in the Case of a Decrée made upon the Statute viz. 43 Eliz. 4. of Charitable Vses Certiorari And be it further Enacted c. That § 16. N. 1. c. no Certiorari shall be allowed to remove any Information Indictment Presentment Order or other Procéedings in the Quarter Sessions of for or concerning any matter or thing in this Act unless the Party or Parties against whom any such Information Indictment Presentment Order or other Proceeding shall be had by Vertue of this Act shall before the Allowance of such Certioraries become bound to the Person or Persons prosecuting in the Sum of xl l. with sufficient Sureties as the Iustices of Peace at their said Quarter Sessions of the Peace shall think fit with Condition to pay unto the said prosecutors within one month after the Conviction of such parties Indicted their full Costs and Damages to be ascertained upon their Oaths and that in default thereof it shall be lawful for the said Iustices to proceed to Tryal of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding C. 7. § 7. N. 1. And be it further Enacted c. That it shall and may be lawful Leather to and for the Masters and Wardens of the Cordwainers Sadlers Girdlers and Curriers of the City of London c. and to and for all Iustices of the Peace Mayors and Chief Officecs of Corporations within this Realm c. Wales c. as well by Land as by Water to search for and seize any Leather or raw Hides wrought or unwrought cut or uncut packed up or unpacked intended or purposed to be Transported by any person c. Into any parts beyond the Sea or into Holland other then Calves skins and Shéep skins c. C. 9. § 2. N. 6. And the said two Iustices viz. next Parish of Poor and maimed Officer in the late Wars c. upon the Examination of the truth of such Certificate Poor viz. of Captain or Commission Officer c. which the said two Iustices are hereby Impowered to take upon Oath of the Party and of such Witnesses as he shall produce shall by Warrant unto the Treasurer Assign him relief until the next Quarter Sessions to be holden for that County or Liberty at which time a yearly Pension shall be by the said Iustices or the major part of them granted in manner and form and with power of Revocation or Alteration as by the said Statute viz. 43 Eliz. 3. § N. is further declared and directed C. 10. § 4. N. 1. And be it further Enacted c. that the several Constables and other Officers Taxes who are hereby Authorized to take the Account of the aforesaid Hearths Stoves within their particular Limits as aforesaid shall at the next Quarter Sessions after the last day of May to be holden for their respective Counties deliver all such Accounts in Writing as they shall receive reform or take by their own view unto the Iustices of the Peace in their respective Quarter Sessions of the said Counties together with a true note of the Names of all such Persons who shall refuse or neglect to give unto them an account under their Hands of such Hearths and Stoves within their respective Houses Edifices Chambers and Lodgings as aforesaid § 5. N. 1. And be it further Enacted That the said Iustices of the Peace shall cause all the said Accounts of the several Hearths and Stoves Account within the respective Counties to be Inrolled by the Clerk of the Peace of the said respective Counties Ridings in York-Shire and Divisions in Lincolnshire and also a Duplicate thereof in parchment under the Hands and Seals of thrée or more of the Iustices of Peace of the respective Counties and Places aforesaid who are hereby required to sign the Sum to be returned into His Majesties Court of Exchequer within one month next after such Account delivered unto them at their respective Quarter Sessions aforesaid N. 2. Vpon pain that the Clerk of the Peace of every such County Riding Forfeiture or Division respectively offending therein shall forfeit to his Majesty his Heirs and Successors the Sum of two Hundred pounds for the first month and for the second month he shall so neglect every such Clerk of the Peace shall forfeit and lose his or their Place and Office and the same shall become void accordingly c. § 18. N. 1. Provided always and be it hereby Enacted Poor That if the Church-wardens and Overséers of the Poor of the Parish together with the Minister of the same or any two of them whereof the Minister to be one shall in Writing under their Hands yearly Certifie their belief that the House wherein any Person doth Inhabit is not of greater value then of twenty shillings per Annum upon the full Improved Rent and that neither the Person so Inhabiting nor any other using the same Messuage hath useth or occupieth any Lands or Tenements of their own or others of the yearly value xx s. per Annum nor hath any Lands Tenements Goods or Chattels of the value of Ten pounds in their own possession or in the possession of any other in trust for them that then in such Case upon such Certificate made by the two next Iustices of the Peace and allowed for which Certificate and Allowance no fée shall be paid the person on whose behalf such Certificate is made c. shall not be returned by the Constable or other Officer and the said house is hereby for that year discharged of and from all the Duties by this Act Imposed Merchants Be it Enacted c. That where any Officer C. 11. § 6. N. 5. c. viz. in Execution of this Act against concealing of Customes c. shall be by any person c. Armed with Club or any manner of Weapon forcibly hindered afronted abused beaten or wounded c. either on Board any Ship or Vessel or upon the Land or Water in the due execution of their Office all and every person c. so refusing afronting abusing beating or wounding the said Officer c. or their Deputies or such as shall act in their Aid or Assistance shall by the next Iustice of Peace or other Magistrate be committed to Prison there to remain till the next Quarter Sessions Process And the Iustices of Peace of the said Quarter Sessions N. 6. shall and are hereby Impowered
Books and Amerciaments and the Estreatr of the said Amerciaments are to be made by Indenture between them and the Sheriff or Under-sheriff and to to be sealed with their Seals and they may upon suggestion make Process as in an Action of Trespass against the Offenders of that Statute viz. 11. H. 7. 15. § 1. N. 17. to answer before them Cromp. 200 b. III. Lamb. 4. cap. 3. page 380. The Justices of Peace be so necessary Justice as without them though all others should appear no Sessions can be kept And yet if any of them be absent their fellow Justices cannot amerce them as the Justices of Assize may do for inter pares non est potestas IV. 27 H. 8. 24. § 9. N. 1. That the King c. Fines shall have all manner of Fines Issues Amerciaments and Forfeitures c. assessed by or upon any Stewards Bailiffs or any other Ministers or Officers of any Franchises or Liberties for non exicution misexicution or insufficient returns of such Writs Warrants Precepts or other Process which to them or to any of them or to any their Deputies shall be directed or for any contempt or other misdemeanour whatever it be concerning their Offices in and for the due execution or administration of Justice any Grant or Allowance or other thing to the contrary notwithstanding V. 5 6 Ed. 6. 25. § 5. N. 3. Ale The said Justices of Peace in Town or County upon the said Certificate made of disorder or selling Ale without License shall in open Sessions assess the Fine for every such Offence at 20 s. Lamb. 563. 569. in Ale § 26. 30. VI. 11 H. 7. 4. § N. 16. Be it also ordained that the Justices of the Peace Process c. make like process against all persons found c. defective in Weights and measures and for such Fines and Amerciaments as upon them shall be assessed as if they were Indicted before them for breaking of the Kings Peace VII Lamb. 571. 572. No doubt but this Ordinance viz. 51 H. 3. Stat. Exchequer 5. pag. 11. § 1. N. N. 2. doth extend to the Justices of Peace as a man may easily gatherby words in the Statute of Labourers 5 Eliz. 4. § 39. N. 4. That all Estreats of Fines and Amerciaments be certified into the Exchequer Crompt 168. VIII Lamb. 4. cap. 21. pag. 617. Fees If the Fines and Amerciaments of the same Sessions saith Mr. Marrow will not fully amount to the Sum of the Wages then due to the Justices Yet shall the Wages be Ratably paid out of them so far as they will extend IX Crompt 168. Issues A Justice of Peace may deliver into the Exchequer an Indictment of Fines upon the Country before them and I have done so and it was Received in the Exchequer by the hands of one of the Barons there Lamb. 571. 572. X. Lamb. 4. cap. 16. pag. 566. And in that respect chiefly doth it viz. Fines a Fine for which a man is Imprisoned differ from an Amerciament for when the Offendor hath not so deeply trespassed that thereby he deserveth any bodily punishment at all as if he be nonsuited in any Action or do commit any such like fault he is said to fall into the Kings mercy because he is therein mercifully to be dealt with T. D. L. verbo Amerciament XI Lamb. 567. 568. Amerciament But now of later time the Justices themselves have in some case of Amerciaments also used to Assess and Rate the same without any other help as where the Officers of their Courts have offended 33 H. 6. 54. 34 H. 6. 20. L. 5 Ed. 4. 5. which also seemeth to make another difference between Fine and Amerciaments but neither of these be strictly observed either in common Speech or in the understanding of the latter Statutes XII Lamb. 568. Justifices Now therefore if the Offence be Finable by General words only without speaking of any Fine or without shewing by whom the Fine shall be Assessed for so it is commonly in the Elder Statutes that do prohibit any thing to be done there the Assessment thereof belongeth to the Justices before whom the conviction is lawfully had Fines XIII Resolution of the Justices 1633. Dalt 119. in Poor 537. 8. Quaere whether it be in the power of any General Quarter-Sessions to mitigate any penalty upon a Statute-Law if the party Indicted shall submit himself to the Fine of The Court and Wave the traverse Resolved if the party be Convicted or Confess the fault it is not in the power of the Court to mitigate the Fine in such cases where the Statute makes it certain Lamb. 568. 569. in Justices 185. But if the party Indicted protesting his Innocency yet quia noluit placitare cum Dom. Rege puts himself into the Grace of the Court the Court may impose a moderate Fine and order to forbear the prosecution Annum Diem c. see Days Apparel Liveries Drapery I. 1 Jac. 25. § 4. 5. N. 1. A Repeal of all Statutes of Apparel Appeal A Procurer Coron Abatement I. 6 Ed. 19. § 1. N. 4. No Appeal shall be abated so soon as they have been heretofore But if the Appeal do declare the Deed the Year the Day the Hour the time of the King and the Town where the Deed was done and with what Weapon he was Slain the Appeal shall stand in Effect Fresh Suit II. 6 Ed. 1. § 1. N. 5. Glocester and shall not be abated for default of Fresh Suit if the party shall Sue within the Year and the Day after the Deed done Dhyes III. Crompt J. P. 25. b. § 54. The Appeal shall be brought within the Year after the Death of the party and not of the Stroke and so is the Common experience in B. R. and so is the Law without question as Wray Ch. J. there said 4. co 42. and so it is in case of an Indictment that accounts of the Death not from the stroke but from the Day when the party died Appearance Attorney Attorny I. 6 Ed. 1. 8. Glocester May be by Attorney in such Pleas where Appeal lyeth not and party absent attainted shall have like pain as if present Sessions II. Lamb. 390. At the General Sessions must appear the Justices the Clarks of the Peace the Sheriff Coronors Bayliffs Constables c. Apprentice Trades Labourers Servants Workmen Artificers Handicraft-men License I. 5 Elix 4. § 10. N. 6. The Form of a Testimonial to a Servant departing to be signed by the persons c. where the last Master dwelt Husbandry Memorandum That A. B. Servant to D. C. of E. Husband-man or Taylor c. in the said County is Licensed to depart from his said Master and is at his Liberty to serve elsewhere according to the Statute in that case made and provided In Witness whereof c. Dated c. the day c. of
serve in any of those Arts have refused to serve 5 Eliz. 4. § 35. N. 1. Husbandry XV. Lamb. 466. ibid. If any person being between the Age of twelve and therefore being Compellable to serve in husbandry have refused to serve in husbandry 5 Eliz. 4. § 7. N. 14. Fees XVI Lamb. 466. ibid. And if any person have given any Wages contrary to the Rates of Wages of Servants and Labourres appointed and proclaimed 5 Eliz. 4. § 18. N. 1. Husbandry XVII 466. If any person retained in husbandry or any the said Arts have after his retainer expired departed out of one Limit Town or Parish into another without a Testimonial and if any person have accepted into his Service any so departing without shewing such Testimonials 5. Eliz. 4. § 10. N. 5. Notice XVIII Lamb. 466. If any any person have put away his Servant before the end of his Term without reasonable and allowed cause before a Justice of the Peace Or at the End of his Term without a Quarters warning before-given and if any Servant departeth without such cause before the end of the Term or at the end thereof without such Warning given before two Lawful Witnesses 5 Eliz. 4. § 8. N. 1. XIX Lamb. 467. If any Artificer or Labourer hired by the day or week have not continued at his work so many hours in the day as he might or taking any work by the Great have unlawfully departed before the Finishing thereof 5 Eliz. 4 § 13. N. 1. XX. Lamb. 467. If any Servant Workman or Labourer Labourers have wilfully and maliciously made any Assault or Affray upon his Master or Dame or other persons having the Charge of such Workers or Works 5 Eliz. 4. § 35. N. 1. XXI Lamb. 467. If any Constable or head Officer Peace have not upon complaint put into the Stocks two days and one night every Artificer or Person meet to Labour that hath refused to Labour in Hay-time or Harvest for the getting or carrying of Corn Hay or Grain being thereunto appointed by a Justice of Peace or such Constable or head Officer 5 Eliz. 4. § 22. N. 1. XXII Lamb. 467. Constable If any person have taken any Apprentice against the Order of the Law And if any person have exercised any Art not being brought up therein as an Apprentice Seven years 5 Eliz. 4. § 31. N. 1. XXIII Lamb. 4. cap 6. pag. 504. Trades So may the Justices hear and determine by Information Action of Debt or Bill of offences against the Statute of Labourers 5 Eliz. 4. § 39. N. 2. Crompt 127. 184. infra XXIV Lamb. 4. cap. 8. pag. 517. So if a Servant depart into another Shire the Justice of Peace of that Shire where the departure was Informations may grant Writs of capias to the Sheriff of that other Shire where the Servant is returnable before themselves 5 Eliz. 4. § 47 N. 1. Crompt 149. b. 109. b. infra Process XXV Lamb. 571. 572. No doubt but 51 H 3. Stat. 5. page 11. de scaccario this Ordinance doth extend to the Justice of Peace as a man may easily gather by Words in the Statute for Lobourers 5 Eliz. 4. § 39. N. 3. Crompt 166. XXVI Lamb. 593. I think it cleerly proved that before 5 Eliz. 4. § 39. Issues the Quarter Sessions ought to be directed by the Statute 2 H. 5. 4. § 2. N. 2. Crompt 125. § 24. Infra XXVII Lamb. 594. Upon this Statute 5 Eliz. Justices some have thought that 2 H. 5. 4. § 2. N. 2. is repealed concerning the Branch of the Sessions and others do think the contrary and prove it by 5 Eliz. 4. § 15. N. 1. which cannot be understood of any other Statutes conserning the Sessions but only of 2 H. 54. § 2. N. 2. c. XXVIII Lamb. 4. cap. 19. pag. 601. Justices The Proof of the Sufficiency or insufficiency of the Cause for which the Master may put away his Servant or the Servant may depart from his master before the end of the Term shall be made at the Quarter Sessions 5 Eliz. 4. § 35. N. 4. XXIX Lamb. 4. cap. 21. pag. 620. Proof If any Justice of Peace not being Sick nor having other Lawful excuse to be restified under the Oath of one assessed in the Subsidy Book at 5 pounds c. do not assemble at the Easter Sessions to rate the Wages of Servants c. he shall lose ten pounds to the King 5 Eliz. 4. § 17. N. 1. XXX Lamb. 4. cap. 19. pag. 609. Justices The Wages of Servants and Labourers are to be rated by the Justice of Peace at the Easter Quarter-Sessions or within six weeks after Easter where those Sessions be usually holden in one place for the Shire by all Justices together but where they are not so usually holden but in several places for several divisions there the Justices of Peace or the most part of them resident within such division shall at the same Quarter-Sessions or at the time of Easter Sessions as is aforesaid Rate and Ingross in Parchment under their Hands and Seals the Wages for Labourers c. within that Division and the Sheriff shall proclaim the same in places convenient therefore 5 Eliz. 4. § 15. N. 1. Cromp. 124. § 24. Infra Poor XXXI Crompt J. P. 7. b. § 17. Note that there is a Statute made 5 Eliz. concerning Workmen Artificers Labourers Apprentices and Servants and another made 14 Eliz. 5. of Vagabonds of which Statutes the Justices have power thereby to inquire and to punish them according to the Form of the said Statutes by which all other Statutes concerning them are of little effect at this day if it be not in certain special points Coron XXXII Crompt 49. b. Article of inquiry at Sessions of those Servants that are past the age of 18 years and are not Apprentice to whom any Caskets Jewels Goods or Chattels are delivered by their Masters accord and run away with them or any part of them to the intent to steal or defraud their Masters or Mistresses of them or be in service with their Master Imbezil the said Caskets Goods or Chattels without assent or command of their Master or convert them to their own use with like purpose and intent to Steal them which Goods are of the value of 40 s or more this is Felony 21 H. 8. 7. and 5 Eliz. 10. Fitz. J. P. 119. Infra 66. Trades XXXIII Crompt 82. b. 83. item Sessions shall inquire whether any Use or Exercise any Mistery Art or Manual Occupation Used or Occupied 5 Eliz. within this Realm who hath not been Educated therein seven years at least as an Apprentice or put any to Work therein who is not a Workman unless he be an Apprentice or hath served as an Apprentice or shall be a Journeyman a year on payment of 40 s for every month 5 Eliz. 4. § 31. N. 1. Lamb. 454.
Punishment which is given by the same Statute is that such person shall be whipt as a Rogue which plainly proves the Statute intends only those who are of full Age and if other Construction shall be made perhaps the Son of a Gentleman may be punished as a Rogue by such departure And he held that if an Apprentice depart with his Masters Goods delivered to him that he is not within 21 H. 8. 7. as another Servant is Hob. said that he doubted much whether an Apprentice had been within that Statute though the proviso 5 Eliz. 4. § 42. N. 1. had not been But this proves that the makers of the Statute thought this to be a hard matter to make an Infant who is an Apprentice to be within the danger of the same Law and for that reason the proviso of the Statute was made Winch. said to which Hutton agreed that upon the nil debet this may be moved in Arrest of Judgement if the matter be not within the Statute adjurnatum Dalt 82. supra Hetley 164. supra LXIII Dalt 359. cap. 121. A Warrant for a fugitive Servant Process I. C. Miles unus Justiciar ' Dom ' Regis c. Ballivis Hundred ' de B. T. H. Constabular ' de M. in Com' predict ' salutem Camb. ss Quia E. I. retentus in Servitio I. T. de M. predict ' sibi serviend ' secundum form ' effect ' Statut ' de servientibus edit ' a Servicio predict ' I. T. sine causa rationabili licentia ipsius I. T. recessit ut dicitur ideo ex parte Dom ' Regis vobis cuilibet vestrum precipio quod prefat ' E. L. ad prefat J. T. magistrum suum de serviend ' deliberar ' faciatis si hoc recusaveris tunc eum Goalae de C. c duci faciatis quousque c. ita quod eum habeatis coram me sociis meis Justiciar ' dicti Dom ' Regis in Com' predict ' ad proxim ' sessionem pacis ibid ' tenend ' ad faciend ' recipiend ' ea quae ei tunc ibidem in hac parte objicientur Sigillo meo sigillat ' Dat' apud c West Preced ' ◠part Sect. 578. Process LXIV Dalt 359 360 Another Warrant for a Fugitive Servant To the Sheriff of c. Cambr. ss WHereas I. E. being Lawfully retained in service with N. A. of c. is departed from his said Masters service before the end of his Term without his Masters leave or license or without any reasonable cause contrary to the Laws and Statutes of this Realm in that behalf provided these are therefore in his Majesties Name to command you and every of you that you or some one of you do Attach the Body of the said I. E. And to bring him before me or some other of his Majesties Justices of the Peace c. To find sufficient sureties well and faithfully to serve his said Master according to the Covenant between them made c. And if he shall refuse thus to do that then you cause him to be conveyed safely to the Kings Majesties Goal c. Labourers LXV Crompt 238. de Servientibus ubi requisit ' fuerunt ad serviend ' recusantibus Dalt 360. cap. 121 Staff ss Will ' Basset Arnig ' unus Justic ' c. R L Ballivo de S. in Com' pred' salutem Ex parte dicti Dom ' Regis tibi mando quod Attachias R. A. de S pred' Labourer ita quod eum habeas coram me vel sociis meis Justic ' dicti Domini Regis ad pacem in Com' pred' conservand ' necnon ad diversas felonias transgress ' alia malefacta in eodem Com' andiend ' terminand ' assignat ' ad proximam Generalem Sessionem pacis in Com' pred' tenend ' ad respondend ' tam dicto Domino Regi quam B C. de A. c. Yeoman quare ipse pred' R. A. licet in servitio congruo pro statu suo per prefat ' B. C. fuit sepius requisitus ei servire ipse tamen B. C. servire penitus recusavit in contempt ' dicti Domini Regis ipsius B. C. grave damnum contra form ' Statut ' de Servientibus nuper edit ' provisi habeatis ibi tunc hoc mandatum Teste c. See 5 Eliz. 4. Departure LXVI Crompt 238. Warrant ' ad capiend ' Servum qui recessit ante finem termini Staff ss R. B. Armig ' unus Justic ' c. Vic' Com' pred' necnon I. B. Constabular ' Villae de B. R. N. Ballivo itineranti in eodem Com' eorum cuilibet salutem Ex parte dicti Domini Regis vobis cuilibet vestrum mando quod attachiatis seu unus vestrum attachiat W. B. de R. pred' Labourer ita quod cum habeatis seu unus vestrum habeat coram me sociis meis Justiciar ' dicti Domini Regis ad pacem in Com' pred' conservand ' necnon c. assignat ' ad proximum Generalem Sessionem pacis in Com' pred' tenend ' ad respondend ' tam dicto Domino Regi quam R. C. de c. Yeoman quare in servitio ipsius R. apud T. in Com' pred' nuper retentus fuit ab eodem servitio ante finem termini inter eos concordat ' sine causa rationabili licentia ipsius R. recessit in dicti Domini Regis nunc contemptum ipsius R. grave damnum contra form ' Statut ' inde nuper edit ' provisi habeatis seu unus vestrum habeat ibi tunc hoc preceptum Teste c. See 5 Eliz. 4. Dalt 359. m. see Dalt 331. infra 74. Imprisonm LXVII Crompt 238. b. Warrantia ad deliberandum servientem extra Goalam Staff ss Humfr ' F. Armig ' unus Justiciar ' c. custodi Goalae dicti Domini Regis in Com' predict ' salutem Quia W. C. de N. Labourer venit coram me invenit sufficientem securitatem essendi coram me sociis meis ad proximum Sessionem Pacis in Com' predict ' tenend ' ad respondendum tam dictae Dominae Reginae quam C. D. de c. de transgressione contemptu suis contra formam Statuti de servientibus nuper editi provisi Ideo tibi ex parte dictae Dominae Reginae mando quod predict ' W. C. à prisona tua si ea occasione non alia ibidem detineatur sine dilatione deliberari facias Datum tali die anno LXVIII Crompt 238. b. Departure Praeceptum versus servientem recessum de Villa ubi morabatur in hyeme J. C. Armig ' Ballivis c. salutem Staff ss Ex parte dictae Dominae Reginae tibi mando quod attachiatis seu unus vestrum attachiat ' B. C. de E. in Com' pred' Labourer ita quod eum habeas seu unus vestrum
Attachments made from one Justice of the Peace against Labourers and Servants that shall refuse to serve or that shall depart out of their Service c. contrary to the Statutes viz. before any Indictment to be before the Justices at their Sessions to answer to their defaults but these are warranted by 25 Ed. 3. 6. § N. which is now repealed by 5 Eliz. 4. § N. and by Lamb. 2. cap. 7. pag. 187. The like cannot be done unless Stat. specially require it LXXV Kilborns Preced 202. A discharge of a Servant within the time Process FOrasmuch as it appeareth unto me Kent ss that A. B. was reteined by C. D. to serve him for a term not yet expired and the said A. B. without consent of him the said C. D. hath for the space of c. now last past absented himself from the said Service and is gone into some place unto the said C. D. unknown Therefore upon the consideration of the premisses and of the Equity thereof on the part of the said C. D. I allow the cause and matter aforesaid to be reasonable and sufficient to discharge the said C. D. from any further keeping the said A. B. in his said Service and do accordingly discharge the said A. B. from his Service aforesaid Given under my Hand and Seal at T. the _____ day of c. LXXVI Kilborns Preced 203. A Warrant for the paying Wages Fees To the Constable c. of the Hundred of A. in the said County and to every of them THese are in his Majesties Name to command you that you Kent ss some or one of you do cause A. B. to come before me or some other of his Majesties Justices of Peace of the County aforesaid to answer unto such matters as shall be objected against him by C. D. touching his detention of xx s. due unto C. D. as he saith for Wages and further to do and receive as to Justice doth appertain unless the said A. B. shall forthwith pay unto the said C. D. the Wages aforesaid or do otherwise give satisfaction unto him for the same And you are hereby also further required to give unto the said C. D. convenient notice of the time places when and whither and before whom you shall cause the said A. B. to come in Execution hereof to the end that he may be also then and there present to make appear his due to the Wages aforesaid Hereof fail not c. LXXVII West Symb. 2. part 96. sect 74. Trades An Indictment for using the Art of a Mercer against 5 Eliz. 4. Infra 89. Juratores pro Domino Rege super sacramentum suum presentant Essex quod A. B. de C. in Com' E. Mercer 20 die mensis Maii Anno regni dicti Domini nostri c. multis aliis diebus continuè post dictum diem per spacium duorum mensium ex tunc proxime sequent ' viz. usque 30 diem Julii anno supradict ' apud C. predict ' in Com' E. predict ' quandam Artem sive Mysterium Anglice dict' Mercery illicite pro lucro suo proprio usitavit exercuit tunc ibidem vendendo Merces Anglice vocat ' Mercery-wares diversis dicti Domini Regis ligeis subditis ubi revera idem A. B. nunquam fuit in dicta Arte sive Mysterio educatus tanquam Apprenticius per spacium septem annorum nec idem A. B. eandem Artem sive Mysterium predict ' 12 die Januarii Anno regni Dominae Elizab. nuper Angl. Reginae quinto usitavit aut exercuerit in magnum dicti Domini Regis nunc contempt ' contra form ' cujusd ' Statuti in Parliament ' dict' Dominae Eliz. nuper Reginae Angliae tent ' apud Westm Anno regni sui quinto in hoc casu provisi ac editi ut supradict Lamb. Preced 19. b. pl. 53. LXXVIII Kilb. Preced 2 Edit 26. A Warrant against a Master for abusing his Apprentice 5 Eliz. 4. Process To the Constable c. of H. c FOrasmuch as Complaint hath been made unto me by A. B. an Apprentice against C. D. his Master both of the Parish aforesaid Kent ss that he the said C. D. doth not allow unto his said Servant competent Meat Drink and Apparel and doth immoderately correct him without any cause at all or turneth him out of his House and will not suffer him to return c. These are therefore in his Majesties Name to command you that some or one of you do cause both the said Parties to come before me at H. on Monday the 10. of this instant June at four of the Clock in the Afternoon to the end that I may examine the same matter Hereof fail not c. Given under my Hand and Seal this 10. day of June c. Peace LXXIX Kilb. Preced 2 Edit 26. b. 27. a. A Warrant against a disorderly Apprentice supra 70. To the Constable c. Kent ss FOrasmuch as Complaint hath been made unto me by A. B. Joyner against C. D. his Apprentice both of your Parish of H. in this County that the said C. D. is a stubborn and disobedient Servant and doth very much misbehave himself towards his said Master or that the said C. D. is departed from his said Master c. These are therefore in his Majesties Name to command you that some or one of you do cause the said Parties to come before me at H. on Monday the 10. day of thit instant June at four of the Clock in the Afternoon to the end that I may examine the same matter Hereof fail not c. Given under my Hand and Seal this 10. day of c. Justices LXXX Kilb. Preced 2 Edit 27. A discharge of an Apprentice To the Constable c. Kent ss WE R.K. H.D. E.F. G.H. four of his Majesties Justices of the Peace c. for the County of K. aforesaid Whereas Complaint having been made unto us by A. B. an Apprentice against C. D. his Master both of your Parish of H. within this County that the said C. D. his Master hath not allowed to his said Servant competent Diet and Apparel befitting such Apprentice and hath sometimes corrected him without any just cause at all and when he had cause corrected him above measure and we having ordered the said Parties to appear before us having examined the Complaint find it to be true and therefore we do think fit to discharge the said Apprentice of his Apprenticeship and therefore do by these presents under our Hands and Seals pronounce and declare that we have for the causes aforesaid discharged the said A. B. the Apprentice of his Apprenticehood the 8. day of July Anno Dom. 1679. Given under our Hands and Seals c. Treason LXXXI West Symb. 2. part 118. sect 153. An Indictment of Petty Treason against a Servant Midd. ss Juratores pro Domino Rege super sacramentum suum presentant
quod A. B. de C. in Com' predict ' Grocer nuper serviens B. D. de C. pred' in Com' pred' Grocer 10 die Septemb. Anno regni dicti Domini nostri c. in domo mansionali predict ' B. D. apud C. predict ' in Com' predict ' vi armis viz. gladiis c. ad valentiam c. quos idem A. B. tunc ibidem in manibus suis tenuit in prenominatum B. D. tunc Magistrum suum tunc ibidem in pace Dei dictae Dominae Reginae existentem voludtarie ex malitia sua precogitata insultum fecit eundem B. D. tunc Magistrum suum adtunc ibidem cum dicto gladio felonice proditorie super caput suum fortiter valide percussit ita quod dicto ictu caput ipsius B. D. tunc Magistri sui tunc ibidem in duas partes scidit dans E. plagam mortalem unde corpus dicti B. D. immediate ibidem ad terram cecidit dict' B. D. instanter ibidem de plaga predict ' mortuus est sic prefat ' A. B. apud C. predict ' ex malitia sua precogitata eundem B. D. Magistrum suum predict ' modo forma predict ' voluntarie nequiter felonice proditorie interfecit contra pacem dicti Domini Regis nostri nunc coronam dignitatem suas Et quod quidem I. S. de C. predict ' in dicto Com' M. Grocer ante proditionem predict ' per prefat ' A. B. sic ut prefertur voluntarie perpetratam commissam viz. sexto die Septemb. anno supradict ' eundem A. B. apud C. predict ' in Com' predict ' ad proditionem predict ' in forma predict ' perpetrand ' committend ' felonice consuluit excitavit procuravit contra pacem dicti Domini Regis ac contra coronam dignitatem suas LXXXII Kilb. Preced 2 Edit 311. Process A Warrant for sending a Servant to his Service c. by 2 Justices 1 Quorum To the Overseers of the Poor for the Parish of A. c. FOrasmuch as you have complained unto us Kent ss that B. C. being retained into Service by D. E. of T. c. for one year not yet expired is come out of her Service in the said Parish of T. and likely to be chargable to the same These are therefore in his Majesties Name to command you and every of you that you some or one of you do forthwith convey the said B. C. to her said Master and deliver her unto him to remain with him until she shall be from him lawfully discharged and in case of refusal of the said D. E. to receive the said B. C. accordingly that you some or one of you do forthwith certifie us or one of us of the same to the end that such other proceedings may be thereupon had as by Law is required hereof fail not Given under our Hands and Seals the 10. day of July Anno c. LXXXIII Kilb. Preced 2 Edit 313. Amerciament A Warrant to levy 40 s. on the Master for putting away his Servant before the end of his term 5 Eliz. 4. § 5. N. 1. To the Constables c. FOrasmuch as it appeareth unto us this day upon Oath Kent ss that A. B. of your Town of A. Yeoman hath put C. D. his Servant lawfully retained with him out of his Service before the end of the term agreed contrary to the Law of this Realm These are therefore in his Majesties Name to charge and command you and every of you forthwith upon the receipt hereof that you levy the sum of 40 s. by him the said A. B. forfeited by the Statute for his offence by way of distress and sale of the offenders Goods upon his not payment thereof rendring to the said A. B. the overplus if any be and that you bring with you the said 40 s. at the next General Quarter-Sessions of the Peace to be holden for these parts of K. except the said A. B. shall shew good cause to the contrary to his Majesties Justice of the Peace at A. aforesaid upon Thursday next being the 12. day of this instant Decemb. hereof fail not at your perils Given at the General Quarter-Sessions of the Peace at B. the second day of c. LXXXIV Kilb. Preced 2 Edit 315. Poor A Warrant for relief of a Man-Seruant that is out of Service 43 Eliz. 2. To the Constables c. FOrasmuch as Complaint is made unto me by A. B. that he being lawfully retained in the Service of C. D. of your Town of E. Yeoman Kent ss at Lady-day was twelve month and being discharged his Service at Lady-day last hath been at the Statute-Sessions supra 30. and cannot find himself a Service and being destitute of means whereby to relieve himself These are therefore in his Majesties Name streightly to charge and command you and every of you that presently upon the receipt hereof you do receive the said A. B. into your Town and see him set on work and provided for according to the Statute in that case made and provided Hereof fail not c. LXXXV West Symb. 2 part 130. sect 205. Coron An Indictment against a Servant stealing 10 l. c. Lamb. Preced 10. pl. 28. see 21 H. 8. cap. 7. 5 Eliz. cap. 10. Juratores pro Domino Rege super sacramentum suum presentant Essex ss qurd cum A. B. de C. in Com' E. predict ' Mercer 20 die Sept. Anno regni c. in domo mansionali ipsius A. B. apud C. predict ' in Com' E. predict ' deliberasset cuidem E. F. de C. predict ' in dicto Comitat ' E. Mercer tunc servienti ipsius A. B. pro uno anno integro retento ac etatis novemdecem annorum existenti decem libras in pecuniis numeratis de bonis ipsius A. B. ea intentione ut idem E. F. eosdem salvo custodiret ad usum predict ' A. B. tunc Magistri sui idem E. F. dicto 20 die Sept. Anno supradicto Apprenticius dicti A. B. tunc non existent ' apud C. predict ' in Com' E. predict ' à dicto Magistro una cum predict ' 10 libris dicti A. B. tunc Magistri sui maliciose felonice discessit abiit aufugit ea intentione ad furand ' dict' 10 libras contra fiduciam in eo per prefat ' A. B. tunc Magistrum suum reposit ' collocat ' ad inde dicum A. B. Magistrum suum predict ' defraudand ' contra pacem dicti Domini Regis nunc ac contra form ' diversorum Statutorum hujus regni Angl. in hujusmodi casu provisorum editorum Indictment LXXXVI West Symb. 2 part 130. b. sect 207. An Indictment upon 21 H. 8. cap. 7. c. 5 Eliz. cap. 10. supra 32. Midd. ss Juratores pro Domino Rege super sacramentum suum presentant quod cum per quendam
Statute c. against him or them that retains any mans Servant out of his service before the end of the said term or else to take an Action of Trespas against such offender in which Action he shall recover his dammages and treble costs of his suit CCVIII 3 4 Ed. 6. 16. § 15. N. 1. Provided always Justices and be it Enacted c. that if the Master or Mistres to whom such Child as is aforesaid shall be adjudged to be Servant be unreasonable in ordering and bringing up of such Child that then at all times upon complaint made at the General Quarter Sessions of the Peace in the County where the said Child shall be by two honest Neighbours of the same place or Town where the same Child shall fortune to be so unreasonably ordered if it shall appear by honest witness to the Justices of Peace at the same Sessions the complaint thereof made shall be true then the Justices of Peace at their General Sessions in the same Shire where such complaint shall be made shall by virtue of this Act have Authority and power to discharge the said Child from his or their unreasonable Master or Mistres CCIX. 3 4 Ed. 6. 16. § 15. N. 2. And appoint the same to some other honest Master or Mistres unto the said ages Infant to be ordered in every degree as the said Child should have been with his former Master or Mistres and that order and appointment to be written in the book of the Clerk of the Peace CCX 3 4 Ed. 6. 16. § 15. N. 3. For the which entry the said Clerk of the Peace shall have 4 d. for his labor and not above Fees and in like manner shall have 4 d. and not above for the first entry of the Child to be servant as is aforesaid to be paid by the Master or Mistress of the said Child CCXI. 3 4 Ed. 6. 16. § 16. N. 1. Provided always and be it Enacted Women c. that if the Woman Child to be appointed a Servant as is aforesaid be Marryed before the Age of 12 years that then by the Marriage she shall be discharged of service this Act or any thing therein contained to the contrary notwithstanding 1 Ed. 6. 3. § 18. N. 2. CCXII. 5 6 Ed. 6. 2. § 1. N. 2. Be it Enacted Continuance c. that as well the Statute c. viz. 22 H. 8. 12. as also the Statute c. viz. 3 4 Ed. 6. 16. and every Article Clause Branch Sentence and other thing contained in them and in every of them other then such things as shall be by this present Act ordained and provided for shall stand remain and be in their full force and effect and shall be from henceforth justly and truly put in Execution according to the true meaning of the said several Statutes and every of them CCXIII. 5 6 Ed. 6. 2. § 2. N. 1. And further be it Enacted Assembly c. that yearly one Holyday in Whitsunday week in every City Borough and Town-Corporate the Mayor Bailiffs or other head Officers for the time being and in every other Parish of the Country the Parson Vicar or Curate and the Church-wardens having in a Register book as well all the Names of the Inhabitants and Householders as also the Names of all such Impotent Aged and Needy persons as being within their City Borough Town-Corporate or Parish are not able to live of themselves shall openly in the Church and quietly after Divine Service call the said Householders and Inhabitants together CCXIV. 5 6 Ed. 6. 2. § 2. N. 2. Among whom the Mayor Overseers and two of his Brethren in every City the Bailiffs or other Head-Officers in Boroughs and Towns-Corporate The Parson Vicar or Curate and Church-wardens in every other Parish shall elect nominate and appoint yearly two able persons or more to be Gatherers and Collectors of the charitable Alms of all the residue of the People for the releif of the Poor Taxes CCXV 5 6 Ed. 6. 2. § 2. N. 3. Which Collectors the Sunday next after their Election or the Sunday following if need require when the people is at the Church and hath heard Gods holy Word shall gently ask and demand of every man and woman what they of their charitable Will will be contented to give weekly to the releif of the Poor and the same to be written in the said Register or Book Charity CCXVI 5 6 Ed. 6. 2. § 2. N. 4. And the Gatherers so being elected and chosen shall justly gather and truly distribute the same charitable Alms weekly by themselves or their Assigns to the said poor and impotent persons of the said Cities Boroughs Towns Corporate or Parishes without Fraud or Covin Favour or Affection Alms. CCXVII 5 6 Ed. 6. 2. § 2. N. 5. And after such sort that the more Impotent may have the more help and such as can get part of their living to have the less and by the discretion of the Collectors to be put in such labor as they be fit and able to do Beggers CCXVIII 5 6 Ed. 6. 2. § 2. N. 6. But none to go or sit openly a begging upon pain limited in the foresaid Statutes viz. 22 H. 8. 12. 3 4 Ed. 6. 16. Officer CCXIX. 5 6 Ed. 6. 2. § 3. N. 1. Be it also Enacted c. that no person or persons so elected nominated and appointed to be Gatherer or Gatherers as is aforesaid shall refuse the said Office but shall justly and truly execute the same by the space of one whole year next ensuing upon pain of forfeiting 20 s. to the Alms box of the Poor to be levyed by the Church-wardens where they or he dwelleth of the Goods of the said Gatherer or Gatherers Account CCXX 5 6 Ed. 6. 2. § 4. H. 1. And further be it Enacted c. that the said Gatherers or Collectors shall make their just Account Quarterly to the Mayor of the City Bailiffs or Head-Officers of the Borough or Town Corporate and in every Parish of the Country to the Parson Vicar or Curate and Church-wardens of the Parish Account CCXXI 5 6 Ed. 6. 2. § 4. N. 2. At which Account such of the Parish as will may be present Arearges CCXXII 5 6 Ed. 6. 2. § 4. N. 3. 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 Collections undistributed to be put in the common Chest of the Church or in some other safe place to the use of the Poor at the oversight and discretion of the said Mayor or other the Officers before mentioned Account CCXXIII. 5 6 Ed. 6. 2. § 4. N. 4. And if the said Collectors or any of them do refuse to
allowed Account CCCXXXI 14 Eliz. 5. § 18. N. 1. And further be it Enacted that the said Collectors and every of them so to be chosen as is aforesaid shall make their just account half yearly of their said Collecting and gathering to two Justices of the Peace dwelling next to the said abiding place or places not being within any City Borough or Town-Corporate or to the Mayor Sheriffs or other Chief-Officers of the said Cities Boroughs or Towns-Corporate CCCXXXII 14 Eliz. 5. § 18. N. 3. And when they go out of their Offices Account they shall deliver or cause to be delivered forthwith upon their accounts all such surplusages of their Collection and gathering as shall then remain undistributed to be ordered by the said Justices Mayors Bailiffs or other Head-Officers upon the said pain of 10 l. CCCXXXIII 14 Eliz. 5. § 18. N. 4. If any such Collector shall refuse to make his said account Imprisonment or neglect the same by the space of fourteen days after request to him therefore made then the said two Justices or one of them to commit the said Collector to the next Goal for the said County there to remain without Bail or mainprise till he have made his said account and immediate payment and delivery of all such surplusages as he hath received CCCXXXIV 14 Eliz. 5. § 19. N. 1. And be it further Enacted Taxes that if any person or persons being able to further this Charitable work will obstinately refuse to give towards the help and relief of the said Poor people or do wilfully discourage others from so charitable a deed the said obstinate person or wilful discourager shall presently be brought before two Justices of the Peace whereof one to be of the Quorum of the same County to show the cause of his obstinate refusal or wilfull discouragment and to abide such order therein as the said Justices shall appoint if he refuse so to do then to be committed to the next Goal for the said Shire there to remain until he be contented with their said order and do perform the same CCCXXXV 14 Eliz. 5. § 20. N. 1. And it is also further Enacted that if any of the said aged and impotent persons not being so diseased Laborers lame or impotent but that they may work in some manner of work shall be by the Overseers of the said abiding place appointed to work if they refuse then in form aforesaid to be whipped and stocked for their first refusal and for their second refusal to be punished as in case of Vagaboncy in the first degree of punishment CCCXXXVI 14 Eliz. 5. § 21. N. 1. Provided always and be it further Enacted c. that three Justices of the Peace Justices whereof one to be of the Quorum of and with the surplusages of the said Collections and forfeitures the said Poor and Impotent people satisfied and provided for shall by their discretions in such convenient place and places within their said Shires as they shall think meet place and settle to work the Rogues and Vagabonds that shall be disposed to work born within their said Counties or there abiding for the most part within the said three years there to be holden to work by the oversight of the said Overseers to get their livings and to live and to be sustained only upon their labor and travail CCCXXXVII 14 Eliz. 5. § 22. N. 1. Be it also further Enacted Apprentice c. that if any Beggers Child being above the age of five years and under fourteen years being Male or Female shall be liked of by any Subject of this Realm of honest calling who shall be willing to take the said Child into service the said Subject shall at the next General Sessions to be holden for the said County by order of the Justices there or the most part of them have the said Child bound with him if it be a Man Child till the age of twenty four years if it be a Woman Child till the age of eighteen years CCCXXXVIII 14 Eliz. 5. § 22. N. 2. If the Child do after depart or be taken or be enticed from the said Master or Mistres Infant to have their remedy by order of laborers viz. 23 Ed. 3. 2. either by way of Action or otherwise as well against the Child as against the taker or inticer thereof Forfeiture CCCXXXIX 14 Eliz. 5. § 23. N 1. Be it also enacted c. that all the forfeitures appointed or to grow by this Statute except the forfeitures of Justices of Peace shall wholly go and be imployed to the use of the Poor aforesaid and shall be levyed by distress by the discretion of the Justices of the same County or two of them or other Head-Officers aforesaid Justices CCCXL 14 Eliz. 5. § 23. N. 3. And that the Justices of Peace in all Shires of England shall in their Quarter Sessions next after Easter yearly Examine the performance or not performance of this Statute according to the tenor thereof as they are bound to do the Statute of Laborers viz. 23 Ed. 3. c. And at their said Sessions shall yearly appoint new Collectors and new Overseers for the causes aforesaid and shall then also agree upon new views and searches of the said Impotent people within every their limits for the year following if need shall be and further at their said Sessions shall take order by their good discretions for all and every thing and things that may in any ways further the intent of this Act. Justices CCCXLI 14 Eliz. 5. § 24. N. 1. And be it further Enacted c. that three Justices of Peace within all the Shires of this Realm whereof one to be of the Quorum shall have full power by Authority of this present Parliament to hear and determine all causes except forfeitures of Justices of Peace that shall come in question by reason of this present Act. Alms. CCCXLII 14 Eliz. 5. § 25. N. 1. Provided also that forasmuch as it is thought that the Inhabitants of divers Counties Cities and Towns within this Realm be not able to relieve the Poor Lame and Impotent persons with mony to be Collected in manner and form aforesaid and that it were overgreat a burthen to the Collector for to gather Meat Drink Corn or other things for their relief to be imployed and bestowed in form aforesaid Licence CCCXLIII 14 Eliz. 5. § 25. N. 2. Therefore it is further Enacted that it shall be lawful to and for the Justices of Peace in their open Sessions of the Peace or for the most part of them there assembled within any the Counties Cities or Towns of this Realm where Collections of mony cannot presently be had as this present Act willeth and appointeth to grant Licence under their Hands and Seals to such and so many of the said Poor and Impotent or diseased persons or to any other person or persons to be by the
they or one of them be also then and there present before us to inform and certifie us of the names of such other persons as are meet and fitting to be Overseers of the Poor within their several Towns for this year next ensuing and hereof fail you not c. Kilborn 178. the like And this Warrant must be under the hands and Seals of two Justices at the least the one of the Quorum CCCCLXXI Dalt 357. cap. 121. A Warrant to new Overseers to take their charge Kilborn 183. Kent ss Overseers By vertue of the Statute made in the three and fourtieth year of the Reign of our late Soveraign Lady Queen Elizabeth Entituled an Act for the relief of the Poor These are to will and require you whose names are here under written that you together with the Church-wardens of the Parish for the time being do according to the same Statute take order from time to time for this year to come for the setting to work of the Poor within your Parish and for the raising of a convenient stock of some ware or stuff in your Town to that purpose and for the providing of necessary relief for such as be lame and impotent amongst you and for the placing Apprentices such Children whose Parents are not able to maintain them and hereof see that you fail not at your perils dated c. CCCCLXXII Dalt 92. cap. 40. These Overseers and Church-wardens or the greater part of them Apprentice with the consent of two or more such Justices shall take order from time to time for setting their Poor on work putting out Apprentices and relieving their impotent as followeth CCCCLXXIII Dalt 92. cap. 40. First for setting to work the Children of all such whose Parents shall not by the greater part of the said Overseers be thought able to keep and maintain their Children Apprentice which Children they or the greater part of them by the assent of two such Justices may also put out to be Appretices viz. The Men Children till the age of twenty four and the Women Children till their age of twenty one years or the time of their Marriage and all Poor Children so bound Apprentices may be taken and kept as Apprentices by their Masters any former Statute to the contrary notwithstanding see 1 Jac. 25. § N. and 21 Jac. 28. § N. but such binding must be by Indenture Dalt 391. cap. 128. and Dalt 82. cap. 31. CCCCLXXIV Dalt 92. cap. 40. Secondly for setting to work of all such persons Married or unmarried as having no means to maintain them Estates use no ordinary and dayly trade of life to get their living by now the placeing of such Apprentices and the setting and holding the Poor to work is the more proper and true duty of Overseers for otherwise their bare gathering or raising of a stock is to little purpose And note that the Church-wardens and Overseers of the Poor may by and with the consent of two or more Justices of the Peace whereof one to be of the Quorum c. set up use and occupy any trade mistery or occupation only for the setting on work and better relief of the Poor of the Parish Town or place where they are Overseers c. 3 Car. 1. 4. CCCCLXXV Dalt 92. cap. 40. Thirdly for relieving such Poor amongst them as are Poor and impotent or not able to work Taxes And to these purposes the said Overseers are enabled to raise weekly or otherwise by taxation of every Inhabitant Parson Vicar and other and of every occupier of Lands Houses Tythes Mines or Saleable under-woods proportioning them to an Annual benefit c. in the same Parish such competent summs of mony as they shall think fit therewith to provide a convenient stock of some ware or stuff to set the Poor on work and also competent summs of mony towards the necessary relief of the lame impotent old blind and other Poor not able to work and for the putting out of such Children as aforesaid to be Apprentices CCCCLXXVI Dalt 93. cap. 40. But in putting forth of these Apprentices there must be regard hard to the Master viz. his ability and honesty Apprentices otherwise by some device or hard intreaty they may provoke their Apprentices to depart or run away 2. Secondly to his trade or faculty lest the Apprentice consume his time without learning any thing and to these two the Justices of Peace must have an eye 3. Regard must also be had to the Child viz. to put them out timely and while they are young and tractable so as they be above the age of seven years otherwise by reason of their idle and base Educations they will hardly keep their service or imploy themselves to work 4. And regard is to be had to the Parents viz. to take away such as are brought up to live idly and losely or else such as are a burthen and charge to their Parents CCCCLXXVII Dalt 93. cap. 40. Note also that as this Statute Apprentice 3 Car. 1. 4. 5. § 22. N. 9. Enableth the Church-wardens and Overseers with the consent of two Justices of the Peace to put out Apprentices so it doth enable them to place those Apprentices with Masters for without Masters there can be no Apprentices And the said Justices may compel all such as be of ability to take such Apprentices according to their discretion and if any such Master shall refuse to take such Apprentice so to him appointed the said Justices may bind such Master over to the next General Goal delivery there to answer such default And this was the direction of Sir Henry Mountague Chief Justice of B. R. at Cambridge Assizes 1618. Wherewithal agreed Sir Nicholas Hide and Sir Francis Harvy Judges of Assize at Cambridge summer Assizes Anno 1627. Fines CCCCLXXVIII Dalt 93 94. cap. 40. Also the Statute 43 Eliz. 2. § 5. N. 1. seemeth to warrant as much c. or else the said Church-wardens and Overseers with the consent of the said Justices as it seemeth may impose upon such Master refusing to take such Apprentice a competent summ of mony for the putting out of such an Apprentice elsewhere And upon the Masters refusal to pay such mony two such Justices may make their Warrant to levy the same by distress and sale of the offenders goods c. Apprentice CCCCLXXIX Kilborns Precedents 22. A Warrant to put out Poor Children Apprentices To the Church-wardens and other the Overseers of the Poor of the Parish of A. in the said County and to every of them Kent ss THese are in his Majesties name to Command you that you do present unto us or some of us in writing under your hands at the House of A. R. in c. upon the _____ day of _____ next at nine of the clock in the morning of the same day the names of all such Poor Children of your said Parish as are Orphans or whose Parents shall not
said A. B. to the aforesaid house of Correction and there deliver him to the said Keeper of the same together with this Precept Commanding also you the said Keeper to receive him into the said house and there set him to work and labor or otherwise to deal with him according to Law until he shall be from thence lawfully delivered thereof fail not at your perils given under our Hands and Seals at A. aforesaid the c. day of c. Imprisonment DXIII Dalt 384. cap. 125. A Mittimus to the House of Correction of a dangerous Rogue Kent ss I. R. c. and M. D. Esq two of the Kings Majesties Justices of the Peace within the said County of K. to the Master or Governor of the House of Correction at B. for the East side of the same County or to his Deputy there greeting 39 Eliz. 4. and 7 Jac. 4. Whereas I.S. a sturdy Vagrant Begger was this day of c. Anno Dom. c. brought before us and charged as well with Begging and Idle wandring abroad as also with other lewd and disorderly behavior so as he appeareth to us to be dangerous to the inferior sort of people or such a one as will not be reformed of his Roguish life Contrary to His Majesties Laws in that behalf provided These are therefore to Will and require you to receive the said I. S. and him safely keep in your said house until the next Quarter Sessions to be holden in the said County and during all that time that he shall so continue with you that you hold him to work and labor and to punish him by putting Fetters or Gives upon him and by moderate whipping him as in good descretion you shall find cause yealding him for his maintenance only so much as he shall deserve or Earn by his labor and work and that at the said next Quarter Sessions you have the said I. S. there together with this our Warrant and hereof see that you fail not c. dated c. Imprisonment DXIV Kilborns Precedents 196. A Mittimus for a dangerous Rogue on 39 Eliz. 4. To the Constable c. 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 A. B. a wandring Rogue doth appear to be dangerous to inferior sort of people or one that will not be reformed of his Roguish life c. We do therefore in His Majesties Name charge and Command you the said Constable and Borsholders c. that you some or one of you do safely convey the said A. B. to the Goal aforesaid and there deliver him to the said 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 to keep until the next Quarter Sessions of the Peace to be holden for the said County at A. aforesaid that he may then and there be farther dealt withal according to the Law Hereof fail not at your perils given under c. Warr. DXV Kilborns Precedents 205. A Certificate for allowance to Wife or Orphan of maihmed Souldier on 14 Car. 2. 12. To the Treasurer of the said County for maihmed Souldiers Kent ss FOrasmuch as A. B. Widdow or Orphan of D. Officer Souldier or Mariner maihmed indigent aged or disabled in body for work in the service of His Majesty c hath according to the form of the Statute in that behalf lately made appear unto us that A. B. late of C. continued faithful to his trust and not deserted the same by taking up Arms against His said late Majesty or His Majesty that now is or otherwise We do therefore according to the said Statute adjudge that over and besides such relief as shall give by work and labor and shall be allowed by the Charity and benevolence of the Parish of A. where is now setled DXVI. Kilborns Precedents 212. 213. Licence A Testimonial or Pass for a Vagrant where the place of his birth is nor known on 39 Eliz. 4. Lambert 204. Constables duty 41. Kent ss A. B. a Vagabond of low Stature aged about twenty years was this present day taken Begging Vagrant wandring or misordering himself c. at T. in the County aforesaid and then and there by my appointment punished according to the form of the Statute in that case provided and for that the Parish where he was born is not known tho it be demanded of him and for that also he did last dwell before the same punishment by the space of one whole year in the Parish of T. c. as he confesseth he is therefore to be conveied from Parish to Parish by the Officers of every of the same the next right way to the said Parish of T. there to put himself to labor as he ought to do and he is limited to pass thither within c. days now next ensuing at his peril Given under my hand and Seal at c. DXVII Kilborns Precedents 213. Lieu. The like where neither the place of his birth nor last abode is known Kent ss A. B. Vagrant of midle Stature aged about forty years was this present day taken Begging Vagrant wandring or misordering himself c. at T. in the said County and then and there by my appointment punished according to the form of the Statute in that case provided and for that neither the Parish where he was born nor the Parish where he did last dwell before the said punishment by the space of one whole year is known tho both were by me demanded of him he is therefore to be conveyed from Parish to Parish by the Officers of every of the same the next strait way to the Parish of B. in the c. through which he last passed without punishment as he saith and he is to be from thence conveyed by the Officers of the said Parish according to the form of the Statute in that case made and provided and is limited to pass thither within days now next ensuing at his peril Given under my Hand and Seal at c. DXVIII Kilborns Precedents 214. Forfeiture A Warrant to pay 2 s. for apprehending a Vagrant on 14 Car. 2. 12. To the c. of A. in the Parish of B. in the County aforesaid Kent ss WHereas A. B. did lately apprehend and bring unto me C. D. a Rogue Vagabond or sturdy Begger which did pass through your c. in the Parish aforesaid unapprehended These are therefore in His Majesties Name to Will and require you forthwith to pay to the aforesaid A. B. 2 s. for each for his said apprehension of the aforesaid C. D. according to the form of the Statute in that case lately made hereof fail you not at your peril Given under my Hand and Seal the c. DXIX. Kilborns Precedents 215. Distress A Warrant upon non payment
23 Eliz. 10. § 5. N. 3. to appear at the the next General Sessions of the Peace to answer thereto Quaere the Statute XXIV Crompt 197. § 18. Peace Justices of Peace upon a Supplicavit of the Peace Directed to them out of the Chancery shall take Surety of the Peace by Recognizance as it seemeth F. N. B. 81. yet he saith Quaere XXV Crompt 197. § 19. Upon a Supplicavit of the Peace to the Sheriff and Justices of Peace it seemed to Danby 9 Ed. 4. 32. that he may take Surety by Recognizance because the Writ is as a Commission to them and F. N. B. 81. accords XXVI Crompt 197. § 21. Justices The Justices of Peace have no Authority to take Recognizance of any to appear at the Sessions to Answer to their default or offence where the Statute doth not give it as it seemeth Quaere XXVII Crompt 197. § 22. Two Justices of the Peace Tythes whereof one is of the Quorum upon complaint by any Competent Judge of Tythes for any Misdemeanor of the Defend in suit for Tythes may cause him to be Attacht and Committed to Ward till he hath found Surety to them by Recognizance or Obligation to the Kings use to obey the Process and Sentence of the same Judge 27. H. 8. 20. § N. XXVIII Crompt 197. § 23. On complaint to two Justices of Peace whereof the one is of the Quorum made by the Ecclesiastical Judge who hath given Judgment of Tythes against another who refuseth to pay them or Sums of Money for him adjudged to be paid the Party so refusing shall be Attacht and committed unto the Goal untill he hath found Surety by Recognizance or otherwise to perform the said Sentence 32 H. 8. 7. XXIX Crompt 197. § 24. Apprentice If a debate ariseth between a Master and his Apprentice for default of conformity in the Master the Justice of Peace may bind the Master to appear before the Justices of Peace at the Sessions 5 Eliz. 4. § N. XXX Crompt 197 b. § 25. Coron A Coroner may take a Recognizance or Obligation of such as give Evidence before him super visum corporis to prove him that killed the party guilty and to bind them to appear before the Justices of Goal-delivery 1 2 Ph. Mar. 13. § 5. N. 2. XXXI Crompt 197 b. § 26. Slander Every Justice of Peace within a Month after the Offence may commit any that is vehemently suspected of speaking or reporting of slanderous News or Tales against our Lord the King that now is if he doth not find Sureties to appear at the next Quarter-Sessions or Goal-delivery there to remain untill he will find Surety ut Supra XXXII Crompt 197 b. § 23. Obligation Where a Statute gives Power to a Justice of Peace to take Bond of any for his Appearance at the Assizes or Sessions or to take Surety of any for any thing it seemeth he may take a Recognizance though it be not so expresly given XXXIII M. 2 H. 7. 1. pl. 2. Peace Br. 11. Certiorari If a Recognizance of the Peace be taken by a Justice of Peace this may be Certified by a Certiorari supra though that the Justice of Peace doth not bring it to the Sessions nor to the Custos Rotulorum And if a supersedeas be retorned to the Sessions and no Recognizance then a Certiorari may be Awarded to the same Justice to certifie the Recognizance yet see 3 H. 7. 3. § 1. N. 4. that the Justice shall forfeit 10. l. if he doth not Certifie the Recognizance to the next Sessions Dyer 265. XXXIV Dalt 173. cap. 70. If the Justice of Peace shall not Certifie such Recognizance taken for the keeping of the Peace at the next Sessions 3 H. 7. 1 § 1. N. 27. limiteth no penalty and yet see Peace Br. 11. that the Justice shall forfeit 10 l. if he do not certifie the Recognizance of the Peace at the next Sessions But Mr. Brook there mentioneth 3 H. 7. 3. § 1 N. 4. which was only for Bailment of Prisoners and certifying the same and so seemeth to mistake the Statute F. N. B. 251. F. Crompt 169 a. 167 b. Release XXXV Dalt 173. 174. cap. 70. If he which demanded the Peace shall Release the Peace before the said next Sessions then it may seem though the Justice of Peace shall not Certifie the Recognizance that the Statute 3 H. 7. 1. § 1. N. 26. is not Transgressed or offended for it hath been holden Crompt 169. in Certiorari 62. N. 2. that the Party shall not be called in such Case upon his Recognizance yet Quaere inde and see Dalt 175 176 cap. 71. 2. But howsoever it is better to Certifie the Recognizance for peradventure it was forfeited before the Release made Supra Appearance XXXVI Dalt 174. 175. cap. 71. If the Justice of Peace shall not Certifie the Recognizance to the Sessions yet the Party ought to appear and to Record his Appearance c. as 18 Ed 4. 18. 2. If the Party that is bound to appear be so sick that he cannot appear nor by any means travel at the day yet it seemeth his Recognizance in strictness of Law is forfeit c. yet in this Case upon due proof of such his sickness I have known the Justices of Peace in their Discretion have forborn to Certifie or Record such forfeiture or default and that they have taken Sureties for the Peace of some Friends of his present in Court until the next Sessions But Quaere how far this is Warrantable by their Oath Besides the Party so bound might by Certiorari Dalt 70. Cap. 69. and Crompt 81 b. have removed his Recognizance into the Chancery or B. R. before the Day of his Appearance and then he should not have needed to appear at the Sessions for that the Justices there should have no Record whereupon to call him Bar. sem 3. If the Husband be bound that he and his Wife shall appear at such a Sessions and that they shall keep the Peace in the mean time c. and at the day the Husband doth appear but not his Wife here Crompt 144 b. saith the Recognizance is not forfeit c. yet Quaere and see 8 Ed. 2. Forfeiture 17. Religion XXXVII 1 Ed. 6. 1 § 2. N. 2. And three Justices of Peace at the least Quorum unus shall have Power and Authority by their Discretions to bind by Recognizance to be taken before them as well the said Accusers as all such other Persons whom the said Accusers shall declare to have Knowledge of the Offences viz. of depraving the Sacrament c. by them Presented and Informed every of them in Five pounds to the King to appear before the said Justices of Peace before whom the Offender or Offenders shall be Tryed at the day of Tryal and deliverance of such Offenders Records see Justices Recusants see Pope Reconciliation see Pope
1. Provided always that this Act nor any thing therein contained shall be hurtful or prejudicial to the Barons or other Inhabitants of the Five Ports or of their Members neither to any Grant Liberty or Franchis heretofore made by the King c. Or any his Progenitors Kings of England to the said Barons or other Inhabitants their Ancestors or Predecessors or any of them Cinque Ports LXXIII 22 H. 8. 12. § 9. N. 2. And that it be Enacted c. that all and every Mayor and Mayors and Bailiff and Bailiffs Electife and Elected by the Commons and Inhabitants of every Town and place of the said Ports and Members shall have like Authority within every such Town and place where they or any of them be or shall be Mayor or Baliff or Jurate to put or cause to be put this Act in due Execution as the Justices of Peace in any County of this Realm have or shall have Authority and power by this Act to do where they be Justices Cinque Ports LXXIV 22 H. 8. 12 § 9. N. 3. And that the Inhabitants within every Town within the said Ports shall be bounden to the Execution of this Act like as other Inhabitants be without the said Ports upon like pain as is above remembred Cinque Ports LXXV 22 H. 8. 12. § 9. N. 4. And if any person c. which shall Inhabit within the said Five Ports or Members be impotent or other Idle person do hereafter begg without the said Five Ports or Members of the same Contrary to this Act that then every such person shall be ordered and punished according to this Act any thing in this Proviso to the contrary notwithstanding Seals LXXVI 22 H. 8. 12. § 10. N. 1. And it is ordained and Enacted that the Seals above rehearsed shall be made at the costs and charges of the Justices of Peace Mayors Sheriffs Bailiffs and other Officers above written on this side the Feast of the Nativity of Saint John Baptist next comeing that is to say that every of them shall do the said Seals to be made within the limits of their Division Jurisdiction and Authority LXXVII 22 H. 8. 12. § 11. N. 1. And it is also Ordained and Enacted that every Letter to be made by the Authority of this Act License whereby any Impotent Begger shall be authorized and assigned to beg shall be made in this form ensuing LXXVIII 22 H. 8. 12. § 12. N. 1. Kanc ' ss Memorandum that A. B. of Dale License for reasonable considerations is Licensed to beg within the Hundred of P. K. and L. in the said County given under the Seal of that limit tali die anno LXXIX 22 H. 8. 12. § 13. N. 1. And that every such Letter that shall be made and delivered to such Begger or Vagabond License after he hath been Whipped by Authority of this Act shall be made in this wise following LXXX 22 H. 8. 12. § 14. N. 1. Kanc ' ss I. S. Whipped for a Vagrant License strange Begger at Dale in the said County according to the Law 22 day of July in the 23 year of King H. 8. was assigned to pass forthwith and directly from thence to Sale in the County of Middlesex where he saith he was born or where he last dwelled by the time of three years and he is limited to be there within fourteen days next ensuing at his peril or within 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 limit of the said place of his punishment hereunto is set 39 Eliz. 4. § N. LXXXI 22 H. 8. 12. § 15. N. 1. And it is enacted that every such Letter shall be made at the equal costs of such the said Justices Mayors Sheriffs License Bailiffs or other Officers within whose Jurisdiction Powers and Authorities the said Begger and Vagabond shall be whipped or limited to beg in by Authority of this Act and every such Letter shall be subscribed with the hand of one of the said Justices Mayors Sheriffs Baliffs or other Officers in this form following per me A. B. unum Justiciariorum pacis or Majorem Civitatis or Ballivum villae or Constabularium talis hundredi or else in like form in English LXXXII 22 H. 8. 12. § 16. N. 1. And it is further Enacted Imprisonment that every such person c. As have the Custody of any Goals within any Shire City Borough or Town Corporate on this side the Feast of Saint John the Baptist shall do make a Seal engraven with the name of the Castle Prison or Goal which he keepeth LXXXIII 22 H. 8. 12. § 16. N. 2. And in Case any person Fees c. That at any time after the said Feast of Saint John shall be delivered out of any Goal or Prison for suspitions of Felony by Proclamation or be acquit of any Felony and hath no friends to pay his fees nor was born within the Hundred or place where he shall happen to be so delivered nor can get him no Master there to abide and work with shall have liberty to beg for his fees by the License of his Keeper by the space of six Weeks next after such deliverance and after that to be compelled to go to the Hundred where he was born or last dwelled by the space of three years within such time as shall be limited by one of the Justices of Peace Mayors Seriffs Bailiffs or any Officers where such deliverance shall be had 27 H. 8. 25. 26 § 6. LXXXIV 22 H. 8. 12. § 17. N. 1. And it is enacted that every such person so delivered shall have a Letter made to him by the Clerk of the Peace of the Shire within the which he was delivered License if he be delivered in the Shire and if he be delivered in any City Borough or Town Corporate then he to have a Letter of the Common Clerk of every such City Borough or Town where he is delivered every such Letter witnessing the day of his deliverance and the place where he was delivered and afore whom and the time appointed to him to beg for his fees and the place to which he shall be assigned to repair unto in case he can get no Master to fall to Work where he was delivered and to every such Letter the said Goaler or Keeper of Prison out of the which such person shall be delivered shall put the Seal limited to be made as is aforesaid for the said Prison and that every such Letter shall be made in this wise following License LXXXV 22 H. 8. 12. § 18. N. 1. Essex ' ss the 20 day of July Anno Regni Regis H. 8. 23. I. S. was delivered for Felony out of the Goal of Dale in the said County at the Sessions holden afore A. B. and his Fellows at Sale the day and year aforesaid
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