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A66672 Statuta pacis, or, A perfect table of all the statutes (now in force) which any way concerne the office of a justice of peace cleerly also setting down the severall duties of sheriffes, head-officers of corporations, stewards in leets, constables, and other oficers, so far forth as the said statutes do in any sort concern them / faithfully collected, and alphabetically digested under apt tables by E.W.; Laws, etc. England and Wales.; Wingate, Edmund, 1596-1656. 1644 (1644) Wing W3023; ESTC R25185 131,829 308

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superfluous number of Maulsters and also of the Buyers of Barly to be converted into Mault VII If any man shall be convicted by the testimony of two witnesses or his owne Confession to have disobeyed the restraint aforesaid he shall suffer three dayes imprisonment withont baile and there shall still remain untill he shall before some I. of P. become bound by recognisance in xl l. to obey the said Restraint IX Justices of P. of the County shall not execute this law within Corporations but only the Justices and chiefe officers of the same Corporations X. Those which have Barley of their own growing Tith Corne or rent Corne may convert it into Mault notwithstanding this Statute XI Maulsters shall not meddle with the execution of this Act. S. Forestallers 5. Measures S. Weights Millers S. Weights 12. Money I. Stat. 25. E. 3.2 It shall be high Treason to counterfeit the Kings money or to bring into this Kingdome counterfeit mony knowing it to be false II. Stat. 3. H. 5.7 Just of Ass and Just of P. shall have power by Commission the Kings to heare and determine the offences of bringing in of false money as also of counterfeiting washing or Clipping it and of every other falsity concerning money III. Stat. 1. M. 6. It shall be adjudged high Treason to counterfeit forraine Coyn currant in England IV. Stat. 1.2 P. M. 11. It shall be high Treason to bring into this Kingdome any counterfeit forraine Coine to the intent to utter it here knowing the same to be false V. Stat. 5. Elizab. 11. It shall be high Treason to clip wash round or file currant money whether English or Forraine for which the offender shall suffer as in case of high Treason and also shall forfeit his goods and Chattels for ever and his lands also during life VI. Stat. 14. El. 3. It shall be misprision of Treason to counterfeit forrain Coine not currant in England for which the offender shall suffer imprisonment and forfeit such lands and goods as in case of misprision of Treason for concealment of high Treason VII Stat. 18. El. 1. It shall be high treason to diminish shale or lighten any Currant Coine English or forraine for which the offender shall forfeit his goods and Chattels for ever and his lands during life But here there shall be no Corruption of Blood or losse of Dower VIII A Peere of the Realme guilty of this offence shall be tryed by his Peeres Mortuaries I. Stat. 21. H. 8.6 None shall take or demand for a mortuary any thing at all where by the Custome they have not been usually paid nor upon the death of a woman Covert a Child any person not keeping house a wayfaring man one not residing in the place where he happens to die or where the goods of the dead person debts deducted amount not to the value of x. markes or above the summe 3. s. 4. d. when they exceed not xxx l. or above 6. s. 8. d. when they exceed xxx l. and not xl l. or above x. s. when they amount to xl l. or above in pain to forfeit so much as they shall take above the severall summes limited by this Act besides xl s. to the party grieved to be recovered by Action of Debt II. Mortuaries for wayfairing men and all other which die out of their place of Residence shall be paid only in the place where they had their most habitation at the time of their death and no more but one Mortuary upon one death III. Lesse Mortuaries already setled by Custome shall not be encreased by this Act And there also persons exempted by this Act shall not hereafter be chargeable See the stat 29. H. 8.15 Note that I. of P. may punish those for extortion which take more then this statute allowes Vide Lambert 435. Rast in Tabula Murder I. Stat. 52. H. 3.25 Murder from henceforth shall not be judged before the Justices where it is found misfortune only but it shall take place in such as are slaine by felony and not otherwise II. Stat. 6. E. 1.9 No Writ shall issue out of the Chancery for the death of a man but the delinquent shall be imprisoned till the comming of the Justices in Eyre or Justices of G. D. and having put himselfe upon the Country if it shall be found by misfortune or in his own defence upon report thereof by the Just the King if he please may take him to his grace III. An Appealor which declares the deed the year the day the houre the time of the King the place where the weapon by which the party was slain and prosecutes his Suit within a yeare and a day shall not be barred for default of fresh Suit IV. Stat. 2.3 E. 6.24 If one be stricken or poisoned in one County and die thereof in another an Indictment found against the Offender in the County where the party died shall be as effectuall as one found in the County where he was first stricken or poysoned And there also may an Appeale be sued as well against the Accessaries as Principall V. An Indictment found against an Accessary to any such Murder or Felony in another County then where the principall offence was committed shall be as effectuall as if it had been found in the same County And the Justices before whom such Accessary shall be tried or tvvo of them shall write to the Custos Rotulorum of the other County for a Certificate of the proceeding against the Principall and shall give Judgement accordingly S. Eastardy 4. Clergie Felony 15. Newes Stat. West 1.3 E. 1.33 None shall report any false or slanderous nevves or tales whereupon discord may arise betweene the King and his People or the great men of the Realme in pain of Imprisonment till he produce the Author See also 2. R. 2.5 12. R. 2.11 S. Pishdayes 11. Oatmeale S. Forestallers 5. Oathes S. Recusants 8.88 Sewers 2. Sheriffes 17. Ordinary S. Ecclesiasticall Court Oldfeild Dike in the Isle of Ely S. Felony 13. Outlawed persons S. Bailement 1. Sheriffes 4. Outlawries S. Certificate Pannell S. Jurors Pardon I. Stat. 2. E. 3.2 No Pardon shall be granted of Manslaughter Robery Felony or other trespasses against the Peace but only where the King may doe it saving his oath viz. where one slayeth another in his owne defence or by misfortune II. Stat. 4. E. 3.13 10. E. 3.2 The statute of 2. E. 3.2 shall be duly put in Execution III. Stat. 10. E. 3.3 Those which obtaine the Kings Pardon for Felony shall within three months after such Pardon produce before the Sheriffe and Coroners six sufficient mainprisors or Sureties who shall under their seales be bound for the good behaviour of the party pardoned which Mainprises shall be returned into the Chancery within three weeks after the said 3. months IV. If the party pardoned faile to procure such surety or having procured beare himselfe otherwise against the Peace then he ought the pardon shall be holden for
he shall incurre a Praemunire and for the third shall be adjudged guilty of high Treason But this offence must be prosecuted within one yeare after it is committed See 26. V. If he be a Clergy-man Beneficed upon the first conviction all his Spirituall promotions shall be void VI. If he be imprisoned for this offence committed by words onely and be not indicted for the same within six months after it is committed he shall be set at liberty VII If a Peere of the Realme happen to be guilty of this offence he shall be tried by his Peeres VIII And here for the better observance of this Law was the oath of Supremacy established in these words following I. A. B. do utterly testifie and declare in my conscience that the Queenes Highnesse is the onely supreme Governour of this Realme and of all other her Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or cases as Temporall and that no forraigne Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiasticall or Spirituall within this Realme and therefore I do utterly renounce and forsake all fonaigne Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall beare faith and true Allegiance to the Queenes Highnesse her Heires and lawfull Successors and to my power shall assist and defend all Jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Queens Highnesse her Heires and Successors or united and annexed to the Imperiall Crowne of this Realme So help me God and by the Contents of this Book IX Stat. 5. El. 1. None shall maintaine the Jurisdiction of the Bishop or See of Rome within any of the Queenes dominions in paine to incurre a Praemunire X. Just of Ass and Justices of Pain Sess or any two of them 1. Qu. have power to heare and determine this offence and are to certifie such presentments into the Kings Bench within 40. dayes after they receive them if it shall be then Terme time if not then the first day of the Terme then next insuing in paine of 100. l. The Justices of the Kings Bench also as well upon such Certificate as also before themselves have power to heare and determine the same offence XI None compellable to take the oath of Supremacy by this Act or by that of 1. El. 1. which see in the Statutes at large shall refuse to take it accordingly in paine to incurre a Praemunire XII If any refuse to take the same Oath upon the second tender or being formerly convicted of maintaining the jurisdiction of the Bishop or See of Rome as aforesaid do commit the like offence the second time in both these cases they shall suffer as in case of high Treason But here there shall be no corruption of Bloud disheriting of any heire forfeiture of Dower or prejudice to the right of any save onely of the offender during his life XIII This Act shall be published every Qu. Sess by the Cl. of the P. and at every Leete by the Steward there and once every Terme in the open Hall of every Inne of Court and Chancery at such times and by such persons as shall be appointed by the Lord Chancellor or Keeper for the time being XIV None of or above the degree of a Baron shall be compellable to take this oath And here also a Peere offending shall be tried be his Peeres Provided that none shall be compellable to take this oath upon a second tender or be in danger by the refusall thereof to incurre the penalty of high Treason save only Clergy-men Officers of Ecclesiasticall Courts or such as shall not observe the Rites of Divine Service do deprave by words or writing the Rites and Ceremonies of the Church of England or do use to say or heare private Masse XV. It shall not be lawfull to slay one attainted in Praemunire S. after 26. XVI Stat. 13. El. 2. It shall be high Treason to obtaine oor put in ure any Bull of Absolution or reconciliation from the Bishop of Rome or to absolve or be absolved thereby XVII The comforters and maintatiners of such offenders shall incurre a Praemunire and their concealers misprision of Treason unlesse within six weeks they discover them to some of the Privy Councell or to one of the Presidents or Vice-Presidents of the Councels established in the North or Marches of Wales XVIII If any shall bring into any of the Queens Dominions any Agnus Dei Crosses Prictures Beads or any such vaine or superstitious thing or deliver or offer the same to any person to be used both the person so doing and the person so receiving the same shall incurre a Praemunire howbeit if the party unto whom tender thereof shall be made apprehend the pary tendring the same and carry him before the next Just of P. or not being able so to do within three dayes after discloseth his name and the place of his abode or resort unto the Ordinary or some Justice of P. within the same County or having received the same doth within one day after deliver it to some such Justice of peace then shall he not incurre any prejudice by reason of this Act. XIX A Just of P. shall disclose the offences aforesaid to the Privy Councell within 14. dayes after he shall have notice of them in paine to incurre a Praemunire XX. Here the triall of a Nobleman shall be by Peeres See after 26. XXI Stat. 23. El. 1. It shall be high Treason to have or pretend to have power or to put in practise to absolve perswade or withdraw any within the Queenes dominions from their naturall obedience to her majesty or to withdraw them for that intent from the Religion now established to the Romish Religion And them also which shall be willingly so withdrawne or reconciled as aforesaid and ther procurers and counsellors thereunto shall be adjudged guilty of the same offence XXII If any having notice of the said offences do not discover them within 20. dayes to some Just of P. or other such Officer he shall be adjudge guilty of misprision of Treason XXIII None shall say or sing Masse in paine to forfeit 200. marks to suffer one yeares imprisonment and not to be enlarged thence till that fine be paid And none shall heare Masse in paine of onw whole yeares imprisonment and 100. marks XXIV Every person not repairing to Church according to the Stat. of 1. El. 2. which see in Sacraments 24. shall forfeit 20. l. for every month they so make default and if they so forbeare by the space of twelve months after certificate thereof made by the Ordinary into the Kings Bench a Justice of Assise G. D. or Peace of the County where they dwell shall binde them with two sufficient sureties in 200 abl at least to the good behaviour from which they shall not be released untill they shall repaire to Church according to the said
offenders as in Actions of Trespasse XVI Stat. 27. El. 12. Every under-Sheriffe before he intermeddles with his Office shall before one of the Justices of Ass or the Custos Rotulorum of the County or two Justices of Peacethere 1. Qu. take the oath of Supremacy which see in Recusants 8. and also the oath hereunder written in paine to forfeit treble damages to the party grieved if he commit any act contrary to the same oathes or either of them XVII The forme of the other oath is as followeth I A. B. shall not use or exercise the Office of under-Sheriffe corruptly during the time that I shall remaine therein neither shall or will accept receive or take by any colour meanes or devise whatsoever or consent to the taking of any manner of fee or reward of any person or persons for the Impanelling or returning of any Inquest Jurie or Tales in any Court of Record for the King or betwixt party and party above two shillings or the value thereof and such fees as are allowed and appointed for the same by the Laws and Statutes of this Realme But will according to my power truly and indifferently with convenient speed impanell all Jurors and returne all such Writ or Writs touching the same as shall appertaine to be done by my duty or Office during the time that I shall remaine in the said Office So help me God XVIII No Bailiffe of a Franchise Deputy or Clerk of a Sheriffe or under-Sheriffe shall intermeddle with their severall Offices before they have taken the said Oaths as aforesaid altering onely the termes of Office in paine to forfeit 40. l. to be divided betwixt the King and the prosecutor XIX Justices of Ass and Just of P. in Sess have power to heare and determine the defaults and offences aforesaid and upon conviction to award Processe accordingly XX. Stat. 29. El. 4. No Sheriffe under-Sheriffe Bailiffe of a Liberty or any of their Deputies shall either directly or indirectly take more for serving an extent or execution then after the rate of 12. d. for every pound under 100. l. and 6. d. for every pound above 100. l. in paine to forfeit treble damages to the party grieved and besides 40. l. to be divided betwixt the Queen and the prosecutor XXI This Act shall not extend to fees for Executions within Cities or Corporations S. Bailement 2. Indictments 5. Jurors Justices of P. 18. Ship-Wrights S. Labourers 46. Shoo-makers S. Leather Silver S. Gold Skinners S. Labourers 53. Souldiers S. Captaines Stabbing S. Clergie 18 19. Stewards of Courts S. Justices of P. 14 16 28. Strangers S. Aliens Supersedeas I. Stat. 21. Jac. 8. Processe of the Peace or good behaviour shall not issue out of the Chancery or Kings Bench but upon motion in open Court and good cause alledged upon oath which shall also be endorced upon the Writ Howbeit if that cause shall be afterwards disproved the Judge or Judges of the said Courts respectively shall commit the offender to prison till he pay the party grieved all his costs and damages II. All Writs of Supersedeas shall be void unlesse such Processe be likewise granted upon motion as aforesaid and upon such sufficient sureties as shall appeare to the Court upon oath to be Subsidie-men assessed at 5. l. lands or 10. l. goods and also unlesse the prosecution against the party for the Peace or good behaviour be bona fide And here false sureties procured for the gaining of such Writs shall be punished by the Judges III. Certioraries shall not be allowed unlesse the Indictee will become bound with sufficient sureties such as the Justices of P. in Sess shall think fit to pay to the prosecutor within one month after conviction such costs and damages as the said Justices shall assesse Sunday S. Holy-dayes Leather 32. Recusants Swans S. Hawks 7.20 Swearing Cursing I. Stat. 21. Jac. 20. If any shall sweare or curse within the hearing of a Justice of P. or shall be convicted thereof by his own confession or the evidence of two witnesses upon oath before the same Justice they shall forfeit 12. d. to the use of the poore where the offence shall be committed to be levied by the Const Churchw and Overs of the poore there upon warrant from such Justice by distresse and sale of goods And in defect of distresse if the offender be above 12. yeares old he shall upon warrant as aforesaid be set in the stocks three houres but if under then shall he be whipped by the Constable or by the Parent or Master in the Constables presence II. Here if an Officer be sued for the due execution of his Office he may plead the generall Issue and yet give speciall matter in evidence III. This offence shall be complained off and proved as aforesaid within twenty dayes after it is committed And this Act shall be read in every Church twice in the yeare upon Sunday after evening prayer Tanner S. Leather Testimoniall S. Labourers 9 10 11. Tiles I. Stat. 17. E. 4.4 Tile-earth shall be cast up before the first of November stirred and turned before the first of February and not made into Tile before the first of March And shall likewise be well tried and severed from stones malme marle and chalke II. A plaine Tile shall containe in length ten Inches and an halfe in breadth six Inches and a quarter and in thicknesse halfe an Inch and halfe a quarter at least A Roofe or Creast-Tile in length thirteen Inches and in thicknesse as before with convenient deepnesse accordingly A Gutter and Corner-Tile in length ten Inches and an halfe with convenient thicknesse breadth and deepnesse III. If any shall sell Tile otherwise made he shall forfeit to the buyer the double value thereof to be recovered by action of debt and besides shall make fine and ransome at the Kings will IV. Justices of P. shall hear and determine these defaults and offences as well at the suit of the King as of the party grieved and shall not set lesse fine upon an offender against this act then after the rate of v. s. for every thousand of plain tile vi s. viii d. for every hundred of roof-tile and ii s. for every hundred of corner or gutter-tile V. The said Justices have also authority to appoint searchers of Tile who shall diligently execute that office in paine to forfeit to the King for every default x. s. and shall have of every Tile-maker for such search after the rate of i. d. for every thousand of plain Tile ob for every hundred of roof-Tile and qu. for every hundred of corner or gutter-Tile and shall make presentment of all defaults found at the next Sess which shall be as effectuall in law as a presentment of twelve men VI. None shall put any Tile to sale before such search be made in pain to forfeit the same and the Justices of P. have also power to hear and determine the defaults of the said searchers Tinne S. Brasse
when the sute is wholly the Queenes the whole forfeiture shall be estreated for her use VII Justices of P. have power to heare and determine these offences in Sessions by inquisition or verdict or otherwise upon the oath of two witnesses at their discretions and to make processe thereupon VIII This Act shall not restraine Purveyors of Cities and townes corporate neither yet the Inhabitants of the Counties of Westmerland Cumberland Lancaster Chester and Yorke IX Stat. 13. El. 25. The Statute of 5. El. 12. is confirmed S. Forestallers 5.12 Bayliffes S. Sheriffes Bailement I. Stat. 3. E. 1.15 Persons outlawed and such as have abjured the Realme Provours and such as be taken with the manner Prison-breakers theeves openly defamed Appellees by Provours during the life of such Provours house-burners Counterfeiters of the Kings Seale or Coyne excommunicate persons and Traitors are not replevisable by common writ or without writ II. Persons guiltie of Larcenie by enquests taken before Sheriffes or Bailiffes or of petty Larcenie not before detected nor accessary to any felony or onely guilty of some light suspition are baileable by good sureties for which the Sheriffe shall be answerable III. Stat. 5. E. 3.8 Marshals of the Kings Bench shall not baile felons IV. Stat. 3. H 7.3 Two Justices 1. Qu. have power to let to baile persons baileable by law untill the next Quar. Sess or G.D. and shall there certifie the same in paine of 10. l. V. Stat. 1. 2. P.M. 13. None shall be let to baile which are forbidden to be bailed by 3. E. 1.15 VI. None arrested for Manslaughter or felony or suspition of the same being baileable by law shall be let to baile save only in open Sess or by two Just 1. Qu. being both present at the time of such bailement which then shall be certified together with the examination of the Prisoner and the Information of the Accusers under their owne hands at the next Gaole delivery and the said examination and Information shall be taken before the bailement VII The said Justices have power to bind by Recognisance all such as can declare any thing materiall against the Prisoner to appeare at the next Gaole delivery and shall there make certificate of the said Recognisance VIII The Justices that offend any Branch of this Act are lyable to be fined by the Justices of Gaole delivery IX This Act shall not restraine Justices within London and Middlesex to let to baile I risoners as heretofore they have used only they shall certifie their examinations Bonds and bailements at the next Gaole delivery of their Jurisdiction in paine to bee fined as aforesaid X. Every Habeas Corpus or Certiorari for the Removall of a Prisoner shall be signed by the Chiefe Justice or one of the Justices of the Court out of which the Writ issues in paine of five pounds to be forfeited by the Writer XI Stat. 2.3 P.M. 10. One accused of Manssaughter or Felony which for want of baile is to be sent to the Gaole must be examined by the Justice before he sends him thither and the Accusers must bee bound over to give in evidence against him whose Information must also be taken and committed to writing within two daies after at the farthest and all certified in at the next Gaole delivery as by the stat of 1.2 P.M. 13. is limitted upon the penaltie therein expressed Bakers S. Victuall 2.10 Weights 2 4 5 9. Barges S. Boatemen Bastardie I. Stat. 18. El. 3. The two next Justices 1. Qu. may take order as well for the punishment of the mother and reputed father of a Bastard Child as also for the reliefe of the Parish where it is borne by charging the said mother and father with the sustentation thereof by payment of mony weekly or otherwise II. If the mother or father performe not the said Justices order they shall suffer imprisonment without baile except hee she or they give securitie to performe it or else to appeare at the next Quarter Sess and also to abide the order of the greater part of the Justices there if any shall be there made if not then to performe the order made by the two Justices 5. III. Stat. 7. Jac. 4. Justices of Peace shall commit to the house of correction lewd women which have Bastards that may be chargeable to the Parish there to be punished and set on worke one whole yeere and if they offend againe they shall not be from thence enlarged without putting in good securitie not to offend so againe IV. Stat. 21. Jac. 27. It shall be murther for a mother to conceale the death of her Bastard child unlesse she can prove by one witnesse at least that it was still-borne V. Stat. 3. Car. 4. All Justices of Peace within their severall limits and Sess may doe and execute all things concerning that part of 18 Eli. 3. which concernes Bastards that by the Justices of Peace in the severall Counties are by the said statute limited to be done Beere S. Corne 1. Bell-metall S. Brasse 15. Benhurst hundred in Com. Berk. S. Hue and Crie 8. Bigamie I. Stat. 1. E. 6.12 A Bigamus being a felon shall be admitted to his Clergy as well as any other II. Stat. 1. Jac. 11. A Bigamus shall suffer death as a Felon unlesse he or she have had no notice that the husband or wife was living within seven yeares before or the Marriage severed by divorce III. This felonie shall cause no corruption of blood or losse of dower or inheritance Boatmen Watermen Barges Boats c. I. Stat. 26. H. 8.5 Justices of the Peace within the Counties of Glocester and Summerset in Sess shall bind keepers of Ferries over Severne by Recognisance with good sureties that they shall not transport any Passenger out of England into Wales or the Forrest of Deane or from thence into England before Sun rising or after Sun set unlesse such as they know and will answer for And besides the parties so offending shall thereby incurre fine and imprisonment II. Stat. 2. and 3. P. M. 16. At the first Court of Aldermen in London next after the first of March out of the Watermen betwixt Gravesend and Windsor there shall be eight chosen for overseers which shall have power to keepe good order amongst the rest III. Two Watermen shall not carry any but where one of them hath exercised that profession two yeares before that time and hath been allowed by the greater part of the said Overseers under their knowne seale in paine to be committed to one of the Counters by the said Overseers for one month or for lesse time as the offence may deserve IV. No single man which is no householder nor retained as an Apprentice or as a servant for one yeare at least shall exercise that profession betwixt the places aforesaid in paine of like imprisonment V. The Lord Maior and Aldermen of London and the Justices of Peace within the Counties adjoyning to the River of Thames upon
Tithes I. Stat. 27. H. 8.20 If the Judge of an Ecclesiasticall Court make complaint to two Justices of Peace one Quorum of any contumacie or misdemeanour committed by a defendant in any suit there depending for matter of Tithes the said Justices shall commit the said defendant to prison there to remain till he shall find sufficient surety to be bound before them by recognisance or otherwise to give due obedience to the processe proceedings decrees and sentences of the said Court II. Stat. 32. H. 8.7 If in such a Court after sentence for Tithes the defendant appealeth the Judge there shall compell the party appellant by processe and censures ecclesiasticall to satisfie the other party his reasonable costs and in case of contumacie or disobedience upon complaint thereof two such Justices shall proceed as aforesaid Howbeit here the Judge shall take surety of the plaintife to repay the costs in case the cause passe against him Toll S. Fish 17. Transportation S. Actions popular 18. Corn Leather 58. Recusants 75. Treason S. Bailment 1. Trespasse I. Stat. 43. El. 7. If any shall be convicted by his own confession or by the testimony of one witnesse upon oath before one Justice of Peace or head Officer to have unlawfully cut and taken away any grain growing robbed any orchard or garden digged up or taken away any fruit trees broken any hedges pales or other fences cut or spoiled any woods or under-woods standing and growing or the like or to have been accessary thereunto shall for the first offence pay unto the party grieved such damages and within such time as by the said Justice or head Officer shall be appointed And in case the party offending shall not by the said Justice or Officer be thought able to discharge the said damages or shall not discharge them according to the order then shall the said offender be by them or either of them respectively committed to the Constable or other officer of the place where the offence was committed or the party apprehended to be whipped and for every other offence committed afterwards and proved as aforesaid the party offending shall receive the like punishment of whipping II. The Constable or other inferiour officer that herein refuseth or neglecteth to do his duty shall by any such Justice of Peace or head Officer be committed to prison without baile till hee whip or cause to be whipped the party offending as is above limited III. No Justice of Peace shall execute this Statute for offences done to himselfe unlesse hee be affociated with one or more Justices of Peace whom the offence doth not concerne Vagabonds Rogues 1. Stat. 39. El. 4. Justices of Peace within every County and Corporation have power in Sess to give order for the erection of houses of correction and also for the maintenance and government of the same and for the punishment of offenders which shall be thither committed II. All Scholars and seafaring men which beg All wandring persons which either beg use unlawfull games and playes faine themselves to have skill in Physiognomie Palinestry or the like or pretend to tell fortunes All persons that are or pretend to be collectors for Gaoles and Hospitals All Fencers Bearwards common Players and Minstrels wandring abroad other then such as shall be authorised by Noble-men under their hands and seales All Juglers Tinlkers Pedlers and petty chapmen wandring abroad All labourers which wander and refuse to work for wages reasnably taxed having not living otherwise to maintain themselves All persons delivered out of Gaoles which beg for their fees or otherwise do travell begging All Which wander abroad begging pretending losse by fire or otherwise And all such persons not being felons wandring and pretending themselves to be Egyptians shall be adjudged Rogues Vagabonds and sturd Beggars 16. III. If any such vagabond shall be taken begging wandring or misordering him or her selfe he or she by the appointment of any Justice of P. Constable Headborow or Tithingman there the two last being assisted by the Minister and one other of the parish shall be stripped naked from the middle upwards openly whipped till their body be bloudy and forthwith sent the next way from parish to parish by the Officers of each parish towards the place of their birth but if it cannot be known then towards the place where they last dwelt by the space of one whole yeer before such punishment and if that cannot be known then to the towne thorow which they last passed without punishment And if it cannot be discovered where they were born or last dwelt as aforesaid then are they to be conveyed by the officer there to the house of Correction or common Gaole of the County to be imployed in work or placed in some service and so to continue by the space of one yeer or in case they be not able of body that towne is to keep them till they may be placed in some Alms-house within the same County IV. After which whipping the vagabond shall have a testimoniall under the hand and seale of the said Justice Constable Head-borow Tithingman and Minister or any two of them testifying the day and place of his punishment the place to which he is to be conveyed and the time limited for his passage thither which time if by his owne default he exceeds hee shall from time to time incurre the like punishment till hee arrive at the place limited the substance of which testimoniall shall be registred by the said Minister in a book provided for that purpose in pain of v.s. V. If any such rogue seeme dangerous or will not be reformed two Justices of P. one of Quorum shall commit him to the house of Correction and if at the next quarter Sess by the more part of the Justices there he shall not be thought fit to be delivered he shall by them be banished and at the charge of that County shall be conveyed to such parts beyond the seas as shall by six or more of the privie Councell for that purpose be assigned to her Majesty her heirs and successors whereof the Lord Keeper or Treasurer to be one or otherwise adjudged to the gallies of this Realme as the said Justices shall think fit And if a rogue so banished return without licence he shall suffer as a felon to be tryed in the County where he shall be apprehended 17. VI. If a Constable Headborow or Tithingman be found negligent in the due execution of this act they shall forfeit x. s. for every default and none shall make rescous against any Officer or hinder the execution of this law in pain of v. li. and to be bound to the good behaviour 18. VII None shall transport such a rogue out of Ireland Scotland or the Isle of Man being born in any of those places in pain to forfeit xx s. to the use of the poor where he lands And if any such shall be hereafter found in England or Wales they shall suffer punishment and be