Affray made at the time of the Assiz Page 150 For an Affray and beating at the Assizes Page 151 For breaking a safe Conduct granted by the King 162. For taking away a Woman with her Husbands Goods Page 194 For Marrying two Wives Page 194 For Inclosing of a Common Page 217 For killing a man by Witchcraft Page 220 For Bewitching a Horse ibid. For conspir to indict one for steal a Horse Page 221 For a conspiracy of divers Bakers touching making Bread c. Page 222 237 Against a Constable for neglecting to execute a Justices Warrant Page 233 For not Watching with a Constable Page 234 For breaking a Barn and taking Corn Page 236 For breaking a Mill Page 236 For murder of a Child with accessaries c. Page 247 For wilful Poysoning in a Potion Page 248 For murder by poysoning wherein the Statute is recited ibid. for petty-Treason against a Wife for poysoning her Husb. 249. For Murder committed by two ibi For killing a Man by chance-medly Page 250 For Murder ex malitia prepensa Fact ibid. For Murder the Murderers flying ibid. For Murder Page 250 251 Against one for suffocating a Man Page 251 For pulling out a Mans Eyes Page 251 For burning a House Page 262 for Burglary Page 252 for a Robbery on the High-way Page 252 for the taking a Purse privately from a pers Page 253 against the Stealer of a Horse and his accessary after ibid. For Cozening of Clothiers Page 259 of a Priest for keeping a Concubine Page 261 of a Spiritual person for buying and selling ibid. for not wearing a Surplice ibid. of Embracery and taking Money Page 264 265 against a Goaler for suffering of one committed to him upon suspicion of Felony to escape Page 267 against a Goaler for suffering a Woman committed on suspition of Felony and Murder c. ibid. against divers for suffering one which had confessed a Felony before a Justice of Peace and delivered to them by the same Justice to be by them conveyed to the Goal negligently to escape Page 268 269 against two for suffering a Felon suspected wilfully to escape Page 269 against a Goaler for letting one committed on suspition of Felony to escape out of Prison ibid. against those that negligently permitted a Felon to escape Page 270 of escape or commitment for contempt Page 270 271 for a Rescue ibid. for Extortion against a Coroner Page 276 for Extortion against an Escheators Servant Page 277 for Extort against a Regist in the Spir. Court Page 277 for Fishing in a Mill-pond Page 279 in Trespass in Fish-growth ibid. for taking Phesants Partridges with nets ibid. for not keeping watch in a Town Page 308 for not keeping watch at Sea-side Page 308. Against Inhabitants for not answering a Rob. Page 309 for keeping unlawful play and playing c. Page 314 for converting Tillage into Pasture and Decaying Houses of Husbandry Page 325 326 for a wilful Rescuing of one Imprisoned in the Stocks for Felony Page 329 for Breaking of Prison ibid. for Maintenance in an Assize Page 382 for Maintenance in an Assize of fresh force ib. for giving a Livery ibid. for receiving and using a Livery Page 383 385 of Maintenance in a formedon in discendre contra 20 Ed. 3. c. ibid. Page 384. for Maintenance in Debt on 32 H. 8. c. 9. ibid. of Champerty Page 386 for regrating Corn in a Market Page 390 391 for ingrossing Corn to sell it again Page 391 for Regrating of Fish Butter c. Page 391 against a Goldsmith Page 394 for Counterfeiting Money Page 399 for acknowledging a Recognizance of the name of another without his privity Page 401 of a Common Barrator Page 428 for words spoken against the Queen Page 671 for slandering of a Nobleman ibid. for words of the Queen ibid. of hearing words of one and not publishing of them to the Sheriff Page 672 for slandering of a Jury ibid. for Libelling of a Justice of Peace ibid. for Usury Page 695 for a Common Bridge that is in decay Page 699 for not working upon the High ways ibid. Page 700 for repairing the Pavement of a High-way which ought to be repaired by a Bishop ibid. against a Bishop and Churchwardens for not repairing a Broken Bridge ibid. for stoping and inclosing the Kings Highw Page 701 for not chusing Surveyors of the High-ways ibid. for not paying a Tax for the High-ways ibid. for not sending in Teames Page 702 for not working on the High-ways Page 702 for shooting Hailshot in a Hand-Gun Page 711 for not keeping of a Light-horse ibid. for a Rape of a Woman-child under ten years of age Page 718 for the Rape of a Maid of above 10 years old ib. for taking away a Widow against her will that hath Lands ibid. for a Rape on 3 Ed. 1. Page 719 Labourers See Apprentices Mittimus s. Mittimus for Felony after Examination taken Page 330 for such as take up Uncustomed Goods Page 387 388 for refusing the Oath of Allegiance Page 404 for one that Impresses a Cart c. under pretence of power from the Green-Cloth for Carriage of his Majesties Provisions not having lawful authority to do the same Page 607 for disturbing a Collector of Chimny-mony Page 682 where there 's not sufficient to pay Excise Page 685 for unlawful shooting in a Cross-bow or Hand-Gun Page 709 Oaths Oath of a Constable Page 404 Oath of an Under-Sheriff and Bayliffs touching Juries Page 405 Oath of him that craves the Peace Page 404 414 Oath to Informers or Witnesses Page 404 Oath of Churchwardens Page 405 Oath of a High Constable Page 405 Oath of a Commissioner of Sewers Page 667 Oath of an Excise-man certified Page 685 Peace Surety of the Peace c. Writ de Securitate Pacis in Chancery Page 409 410 Certiorari Page 411 Warrant or Precept for the Peace Page 414 Recognizances for the Peace Page 420 421 611 612 Condition to keep the Peace Schedule c. Page 422 Rel. of the Justice and release of the party Page 423 614 The usual Recogniz for the Good Behaviour Page 615 Recognizance with a Condition to be entred into by one that informs against a Felon Page 616 The Form of a Return of a Writ touching a Riot into Chancery Page 648 Record of a Riot by the Justices and Sheriff Page 655 A Supersedeas of the Peace Page 674 677 678 679 680 681 Poor Warr. for Overseers to give up their Accounts Page 520 to new Overseers to take their Charge ibid to put poor Children out Prentices Page 522 Against them that refuse Apprentices ibid. to remove one come to a Parish Page 524 525 against one for not returning Page 525 for apprehending one for returning to the Parish from which he was removed ibid. and Mittimus for one who runs away and leaves his family upon the Parish Page 526 To Distrain for the Poors Tax or Rate Page 526 528 Mittimus where there is not sufficient to Distr Page 527
again and go wandering and will not Labour as they were wont in times past Process And to take and arrest all those that they may find by Indictment § 1. N. 5. or by Suspition to put them in Prison Bayl. And to take of all them that be not of good Fame § 1. N. 6. where they shall be found sufficient Surety and Mainprize of their good behaviour towards the King and his People and the other duly to punish to the Intent that the people be not by such Riotors or Rebells troubled nor endamaged nor the Peace blemished nor Merchants nor others passing by the high-ways of the Realm disturbed nor put in the peril which may happen of such Offenders 1 R. 3. 3. § 1. N. 2. Coron And also to Hear and Determine at the Kings Suit § 1. N. 7 all manner of Felonies and Trespasses done in the same County according to the Laws and Customs aforesaid Justices And that Writs of Oyer and Terminer § 1. N. 8. be granted according to the Statutes viz. 2 Ed. 3. Cap. 7. thereof made and that the Iustices which shall be thereto Assigned be named by the Court and not by the Party Enquest And the King will that all general Enquiries before this time granted § 1. N. 9. within any Seigniories for the Mischeifs and Oppositions which have been done to the People by such Inquiries shall cease utterly and be repealed Amerciaments And that Fines which are to be made before Iustices for a Trespass done by any Person be reasonable and just § 1. N. 10. having regard to the quantity the Trespass and the causes for which they be made Measures Item It is Accorded that they which shall be Assigned to keep the Peace Cap. 5. shall have Power to Enquire of Measures according to the Statute thereof made the five and twentieth year of the Reign of our Lord the King viz. 25 Ed. 3. St. 5. Cap. 9. Days Item That in the Commissions of Iustices of the Peace 36 Ed. 3. C. 12. and of Labourers Express mention be made that the same Iustices make their Sessions four times by the year that is to say one Sessions within the Utas of the Epiphany the second within the second week of Lent the third between the Feasts of Penticost and of St. John Baptist the fourth within the eight days of St. Michael 2 H. 5. Cap. 4. § 2. N. 2. 25. Ed 3. Cap 8. Enquest It is Assented c. that c. in all Enquiries within the Realm 42 Ed. 3. C. 4. § 1. N. 2. Commissions shall be made to some of the Iustices of the one Bench c. or Iustices of the Peace with others of the most worthy of the County c. Accountant And that he viz. that will Complain of Sheriffs C. 9. § 1. N. 4. Leavying of the Kings Debt c. have his Suit as well before Iustices of the Peace as before other Iustices Statuta Rich. 2. Peace ITem 1 R. 2. Cap. 2. Our Lord the King greatly desiring the Tranquillity and quietness of his People Willeth and straightly Commandeth that the Peace within this Realm of England be surely observed and kept so that all his Lawful Subjects may from henceforth Safely and Peaceably go and come and dwell according to the Law and Vsage of the Realm Pleading And that Iustice and Right § 1. N. 6. be indifferently Ministred to every Person Riot Commissions shall be awarded to arrest Rioters 2 R. 2. C. 7. and other persons Offensive to the Peace and to Imprison them A Repeat of the Statute of 2 Rich. 2. Cap. 7. touching Riots 2 R. 2. St. 2. C. 2 Justices A profitable Act not Printed 4 Inst 176. 3 R. 2. N. 39. Rot. Pat. Treason It shall be Treason to begin a Riot or Rumour 1 Ed. 6. 5 R. 2. C. 6. § 1. N. 2 Cap. 12. Cap. 7. § 1. N. 2. And in such case viz. where entry is given by Law not with strong hand nor with multitudes of people Force but only in peaceable and easy manner 15 Ric. 2 Cap. 2. 7 Ric. 2. Ca. 5. Iustices c. shall Examine Vagabonds Poor bind them to their good abearing or Commit them to prison Cap. 13. Item It is ordained and assented Riot and also the King doth prohibit that from henceforth no man shall ride in Harness within the Realm Contrary to the form of the Statute viz. 2 Ed. 3. Cap. 3. of Northampton thereupon made neither with Launcegay within the Realm the which Launcegayes be cleerly put out within the Realm as a thing prohibited by our Lord the King upon pain of Forfeiture of the said Launcegayes Armours and other Harness in whose hands or possessions they be found that bear them within that Realm Contrary to the Statutes and Ordinances aforesaid without the Kings special Lycene 20 Rich 2. Cap. 1. 12 Ric. 2. Ca. 2 Item Chancery It is accorded that the Chancellor c. and all others that shall be called to ordain name or make Iustices of Peace c. shall be firmly sworn that they shall not ordain c. for any gift or Brocage Favour or Affection Cap. 10. Item It is ordained and agreeed Justices that in every Commission of the Iustices of Peace there shall be Assigned but six Iustices with the Iustices of Assises 14 Ric. 2. Cap. 11. § 1. N. 2. And that the said six Iustices shall keep their Sessions in every Quarter of the Year at least and by three dayes if need be Dayes upon pain to be punished according to the Discretion of the Kings Counsel at the suit of every man that will Complain 25 Ed. 3. Cap. 8. and 2. H. 5. Cap. 4. § 2. N. 2 14 H. 6. Cap. 4. N. 4. § 1. N. 3. And they shall enquire diligently among other things touching their Offices if the said Majors Bayliffs Stewards Constables Enquest and Goalers have duly done Execution of the said Ordinances viz. 12 R. 2. Cap. 3. 4. 5. 6. 7. 8. 9. Of Servants and Labourers Beggars and Vagabonds and shall punish them that be punishable by the said pain of an hundred shillings by the same pain and they that be found in default and be not punishable by the same pain shall be punished by their Discretion § 1. N. 4. And every of the said Iustices shall take for their wages four Shillings the day for the time of their said Sessions Fees and there will be two shillings of the Fines and Amerciaments rising and coming of the same Sessions by the hands of the Sheriffs § 1. N. 5. And that the Lords of Franchises shall be contributory to the said Wages after their rate of their part of Fines and Amerciaments aforesaid Franchise § 1. N. 6. And that no
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
to punish the Offender by Fine not exceeding one Hundred pounds and the Offender is to remain in Prison till he be discharged by order of the Exchequer both of the Fine and of the Imprisonment or discover the Person that set him on work to the End he may be legally proceeded against Merchants And further that in Case any Carman Porter Waterman or other Person § 7. N. 3. c. shall assist in the taking up or Landing Shiping off or carrying away any such Goods Wares or Merchandize viz. not Landed in the presence of an Officer of the Customes c. that then such Carman Porter Waterman or other person or persons so offending being apprehended by Warrant of any Iustice of the Peace for that County City or Borough which the said Iustices and every of them are hereby Authorized to Issue and to Examine Witnesses upon Oath concerning that fact and the same being proved by the Oath of two Witnesses the said Offender for such first Offence shall and may by such Iustice of the Peace be committed to the next Goal there to remain till he and they find sufficient Surety to be of the good Behaviour for so long time until he and they shall be thereof discharged by the Lord Treasurer Chancellor under Treasurer and Barons of the Exchequer Imprisonment And in Case he or they viz. Carmen Porters or Watermen c. so Convicted shall afterwards at any time Offend in like kind N. 4. viz. taking up Goods landed without presence of Customer c. that then he and they shall and may by any Iustice of Peace as aforesaid be committed to the next Goal there to remain for the space of two months without Bail or Mainprise or until he shall pay unto the Sheriff of that County the Sum of five pounds to the use of his Majesty or until he shall by the Lord Treasurer Chancellor under Treasurer or Court of Exchequer be thence discharged Poor Be it therefore Enacted C. 12. § 1. N. 4. c. That it shall and may be lawful upon complaint made by the Church-wardens or Overséers of the Poor of any Parish to any Iustice of Peace within forty dayes after any such person c. viz. Vagrant coming so to settle as aforesaid in any Tenement under the yearly value of ten pounds for any two Iustices of the Peace whereof one to be of the Quorum of the Division where any such person c. that are likely to be chargeable to the Parish shall come to Inhabit by their Warrant to remove and convey such person or persons to such Parish where he or they were last legally settled either as a Native Householder Sojourner Apprentice or Servant for the space of forty dayes at the least unless he or they give sufficient Security for the discharge of the said Parish to be allowed by the said Iustices Error Provided alwayes that all such persons who think themselves agrieved by any such Iudgment of the said two Iustices § 2. N. 1. may appeal to the Iustices of the Peace of the said County at their next Quarter Sessions who are hereby required to do them Iustice according to the merits of their Cause Husbandry And in such Case viz. of Harvest work c. if the person § 3. N. 2. c. shall not return to the place aforesaid viz. of last abode or shall fall sick or impotent whilest he or they are in the said work it shall not be accounted a settlement c. but that it shall and may be lawful for two Iustices of the Peace to convey the said person c. to the place of his or their Habitation c. under the pains and penalties in this Act prescribed Poor And if such person c. shall refuse to go N. 3. or shall not remain in such Parish where they ought to be settled c. but shall return of his own accord to the Parish from whence he was removed It shall and may be lawful for any Iustice of the Peace of the City County or Town Corporate where the said Offence shall be Committed to send such person c. to the House of Correction there to be punished as a Vagabond or to a publick work-house in this present Act hereafter mentioned there to be Imployed in Work or Labour N. 4. And if the Church-wardens and Overséers of the Poor of the Parish Justices to which he or they shall be removed refuse to receive such person c. and to the provide work for them as other Inhabitants of the Parish any Iustice of the Peace of that Division may and shall thereupon bind any such Officer c. to the Assizes or Sessions there to be Indicted for his or their contempt in that behalf § 5. N. 1. And for the said places within the Weekly Bills of Mortality in the said Counties of Middlesex and Surrey respectively Corporation there shall be elected and chosen by the major part of the Iustices of the Peace for the said Counties in their respective Quarter Sessions Assembled out of the most able and honest Inhabitants and Fréeholders of every of the said Counties of Middlesex and Surrey respectively a President a Deputy President a Treasurer and Assistants for the Corporation c. or Work-houses c. and that upon the vacancy by death or otherwise c. the power to Elect others in their Rooms be in the major part of the respective Iustices of Peace who in their General Quarter-Sessions from time to time shall accordingly supply such vacant places N. 2. And that at every Quarter-Sessions Account they shall require and take an Account in Writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation c. or Work-houses how and how many poor People have been Imployed and set to work in the year last past and what stock there was and is remaining § 6. N. 2. And it shall and may be lawful for the major part of the Iustices of Peace in their Quarter-Sessions Justices to signifie unto His Majesties Privy Council the Names of such Rogues Vagabonds Idle and Disorderly persons and sturdy Beggers as they shall think fit to be Transported to the English Plantations N. 3. And upon the Approbation of His Majesties Privy Council to the said Iustices of Peace signified what persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the End of this present Sessions of Parliament to any of the English Plantations beyond the Seas there to be disposed of in the usual way of Servants for a term not excéeding seven years § 7. N. 3. With which Tax viz. made by Justices of Liberty or County for stock for the Poor if
most part of them being present at the Easter Quarter Sessions and only of such Vessels as shall be made or sold out of Cities or Corporate Towns Crompt 93. LXXXII 11 H. 7. 2. § 1. N. 13. And that it shall be Lawful for two of the Justices of the Peace whereof one shall be of the Quorum Justices within their Authority to reject and put away Common-Ale-selling in Towns and Places where they think convenient and to take sureties of the Keepers of Ale-houses of their good behaviour by the discresion of the said Justices and in the same to be advised and agreed at the time of their Sessions supra 41. LXXXIII West Symb. 2. part 96. Sect. 71. Lisence An Indictment for keeping an Ale-house or Tipling-house Juratores pro Dom. Rege sup sacramentum suum presentant quod A. B. de C. in dict Com. Yeoman Essex ss 10 die Mensis Octob. Anno Regni Dom. nostri c. continue multis diebus postea viz. usque XXXI diem dicti Octob. Anno supradict apud C. predict in com predict obstinate atque ex authoritate propria ipsius A. B. fine ulla Justiciariorum pacis dict Dom. Regis in Com. predict admissione aut allocatione assumpsit sup se custodire custodim unam communem tavernam Anglice vocat a common Tipling-house ibidem dicto xx die dictis diebus tunc postea communiter publice vendidit cervicium potum Anglice dictum Ale and Beer diversis dicti dom Regis ligeis subditis in dicti Domini Regis contemptum ac contra formam cujusdam Statut. in Parliamentum Ed. nuper Regis Angliae sexto tentum apud Westminster Anno Regni dicti domini Ed. quinto in hujusmodi casu provisi ac Editi Lamb. Presid 18. b. pl. 50. 5. 6. Ed. 6. cap. 25. Victuals LXXXIV Note that 1 Jac. 9. For restraint of inordinate Haunting and Tipling in Inns Ale-houses and other Victualing-houses was made to continue only to the end of the first Session of the next Parliament but is made perpetual by 21 Jac. 7. § 1. N. 1. And as Mr. Chamberlains last Compleat Justice pag. 9. saith is without doubt perpetually in force notwithstanding it be only continued by 21 Jac. 28. § 1. N. 29. 61. unto the end of the first Sessions of the next Parliament not only because this continuance is only affirmative and so takes not away the force of any former Statute which were sufficient alone notwithstanding 1. Car. 1. cap. 4. which is expresly for further restraint of Tipling and refers to 1 Jac. 9. c. but also because since that Act of 1 Jac. 9. though that be about the same matter as 1 Jac. 9. Yet by 1. Car. 1. cap. 7. § 3. N. 4. The Statute 1 Jac. 9. c. is inclusively continued until some other Act be made touching the continuance or discontinuance of the same by vertue whereof 1 Jac. 9. is also in force to this day for no Act is made touching that matter since Shiriff LXXXV 22. and 23. cor 2. cap. 20. 7 § 9. N. 2. For remedy of abuses by Bayliffs c. It is Enacted that if any Undersheriff Bayliff Serjeant at Mace or other Officer or Minister whatsoever shall at any time hereafter have in his custody any person by vertue or Colour of any Writ Process or other Warrant whatsoever It shall not be Lawful for such Officer to convey or cause the said person to be conveyed to any Tavern Ale-house or other publick Victualling or Drinking-house without the free voluntary consent of the said person so as to charge such Prisoner with any sum of Money for any Wine Beer or Ale Victualling Tobacco or any other things whatsoever but what the said person shall call for of his own accord 2. Hereupon Mr. Chamberlain in his compleat Justice page 9 10. well infers that Ale-houses of Bayliffs Serjeants c. are very mischevous and to be considered of and Dalt 31. saith such are not fit to be Licensed Supra 60. Measures LXXXVI West Symb. 2. part 137. Sect. 238. An Indictment of Selling Ale in Kilderkins 23 H. 8. 4. § 4. N. 1. Bucks ss Juratores pro dom Rege super sacramentum suum presentant quod I. R. de C. in Com. B. predict ' Pandoxator A. L. de eadem C. predict ' Beer Seller sunt Communes Pandoxatores in C. predict ' 10 die c. Anno Regni c. ac diversis aliis diebus ac viribus tam antea quam postea vendiderunt Cervisium Cervisiam per diversa vasa illicita vocat Kilderkins tam magna quam parva contra formam Statutorum inde edita ad grave dampnum populi Domini Regis c. LXXXVII West Symb. 2. part 96. Sect. 71. An Indictment for keeping an Ale-house or Victualling-house against 5 and 6 Ed. 6. 25. § N. Essex ss Juratores pro dom Rege super sacramentum suum presentant quod A. B. de C. in dicto com E. Yeoman 20 die Mensis Octob. Anno Regni dom nostri c. continue multis diebus postea viz. usque ad primum diem dicti Mensis Octob. Anno supradict ' apud C. predict ' in Com' predict ' obstinate atque ex autoritate propria ipsius A. B. sine ulla Justiciariorum pacis dicti Dom ' Regis in Comitatu predict admissione aut allocatione assumpsit super se Custodire Custodivit unam communem Tabernam Anglia vocat a common Tipling-house ibidem dicto 20 die dictis diebus tunc postea communiter publice vendidit Cervisium Potum Anglice dict Ale and Beer diversis dicti Dom ' Regis ligeis subditis in dicti Dom ' Regis contempt ' contra formam cujusd ' Statut ' in Parl ' Dom ' Ed ' nuper Regis Angliae 6. tent ' apud Westm ' in Com. Middlesex Anno Regni dicti Dom ' Regis Ed ' quinto in hujusmodi casu provisi edit Lamb. preced ' 18. pl. 50. â—â—mâ—s LXXXVIII West Symb. 2 p. 109. b. Sect. 121. Indictment against a Tipler on 33 H. 8. 9. § 11. N. 1. for keeping a Bowling-alley c. Lamb. Precedents 18. b. pl. 51. Juratores pro Dom. Rege super sacramentum suum presentant quod A. B. de C. in Com' E. predict ' Tipler 2 die Septemb ' Anno Essex c. continne post dictum diem Anno supradict ' usque primum diem Mensis Octob. Anno supradict apud C. predict in Com. E. predict ' quendam communem locum jaciendi Glebos Anglice vocat a common Bowling-alley prolucro ipsius A. B. proprio ad ludendum tunc ibidem cum Globis Anglice vocat ' Bowls illicite tenuit Custodivit ac manutenuit contra formam cujusd ' Statut ' in Parl ' Dom. Henrici nuper Regis Angliae 8. Anno Regni sue 33. in hujusmodi casu provisi
night-season haunt a House that is suspected for Bawdry or use suspicious Company then may the Constable arrest him to find Sureties of his good abearing for Bawdry is not meerly a Spiritual offence but mixed and sounding somewhat against the Peace of the Land 27 H. 8. 14. per Fitz-h 1 H. 7. 6. Good behav II. Lamb. 2. cap. 2. pag. 119. And therefore it shall not be amiss at this day in my slender opinion to grant Surety of the good abearing against him that is suspected to have begotten a Bastard-child to the end that he may be forth-coming when it shall be born for otherwise there will be no putative Father found when the Justices of the Peace shall after the birth and by virtue of 18 Eliz. 3. come to take order for his punishment And if this medicine might lawfully be applied to Shoemakers Taylors Weavers and other light persons that without Testimonial or other good Warrant do flit out of one Shire into another not only that evil of Bastardy but many other mischiefs might be either prevented or punished thereby Cromp. 196 b. § 8. Dalt 191. 37. 355. cap. 121. infra 10. Imprisonment III. Lamb. 546. And the reputed Father or Mother of a Bastard-child that will not perform the Order set down by two Justices of the Peace thereto authorized shall be committed and shall remain in Prison without Bail or Mainprise till he or she will be bound c. 18 Eliz. 3. § 1. N. 4 5. Poor IV. Lamb. 352 353. Two Justices of the Peace the one being of the Quorum in or next to the Limits where the Parish-Church is in which a Bastard-child left to the charge of the Parish shall be born ought to take order by their discretion as well for the relief of the Parish and keeping of the Child as also for the Punishment of the Mother and reputed Father thereof 18 Eliz. 3. § 1. N. 2. V. Lamb. 596. That 18 Eliz. 3. § 1. N. 5. Sessions have mention of the Quarter-Sessions to be holden next after Easter which Statutes as they make not in this point viz. of holding the Sessions a new Law but be grounded upon former Law supposed to be in force viz. 2. H. 5. 4. § 2. N 2. So allowing of any one of these four Sessions they do therein give allowance of all the other three also VI. Lamb. 604. Apprentice A Beggers Child may at the General Sessions be bound to serve any Subject of this Realm being of honest Calling 14 Eliz. 5. 18 Eliz. 3. Cromp. 86. VII Cromp. 86 b. Women Enquiry at Sessions of Women that have Children born out of Matrimony and of the reputed Father of such Child they shall be punished by the directions of the Justices of Peace 18 Eliz. 3. VIII Cromp. 131 b. Two Justices of the Peace Women whereof one shall be of the Quorum have power by their discretion on examination of the Cause and circumstances to take Order as well for the punishment of the Mother as the reputed Father of every Bastard-child born out of Matrimony and for relief of the Parish where it is born in part or in all Cromp. 199. Bail IX Cromp. 154 b. Neither the Mother nor reputed Father of any Bastard who refuseth to perform the order of the Justices can be bailed according to 18 Eliz. 3. § 1. N. 5. see 2 Bulstr 323. 341. X. Cromp. 196 b. § 8. Quere Good behav If a Justice of Peace may by discretion bind to the good behaviour him that hath gotten a Woman with child to be forth-coming until the delivery because otherwise peradventure he will flie But the Stat. 18 Eliz. 3. doth not give this but it seemeth reasonable Lamb. 119. supra 2. Dalt 191 255. XI Dalt 191. cap. 75. Good behav Also this Surety of the good behaviour is used to be granted against the putative Father of a Bastard-child XII Dalt 37. cap. 11. Every Justice of Peace upon his discretion may as it seemeth bind to the good behaviour him that is charged or suspected to have begotten a Bastard-child to the end that he may be forth-coming when the Child shall be born otherwise there will be no putative Father when the two Justices after the birth of the Child shall come to take order according to 18 Eliz. 3. § 1. N. 2. The like may be done after the birth of the Child and before such order taken Lamb. 119. Cromp. 196. § 6. XIII Dalt 37. cap. 11. Also if the putative Father of any such Child Poor either before the birth of any such Child or after shall by any perswasion procurement or other practice be conveyed or sent away or shall run away so as the Justices of Peace cannot come by him or so as the order of the Justices by means thereof shall not be performed it seemeth every Justice of Peace upon his discretion may bind to the good behaviour and so over to the next Gaol-delivery before the Judges of Assize or to the next Quarter-Sessions such as shall have any hand in such practice c. so of such as by practice c. shall cause the Mother of the Child to be conveyed or sent away or to run away whereby she leaveth her Child to the charge of the Town c. XIV Dalt 37. cap. 11. Two Justices of the Peace one being of the Quorum in or next to the Limits where the Parish-Church is Justices in which Parish any Bastard-child begotten and born out of lawful Matrimony shall be born upon examination of the cause and circumstances shall and may take order by 〈◊〉 discretion as well for the relief of the Parish in part or in all and 〈◊〉 of the Child by charging the Mother or reputed Father with the payment of Money weekly or other relief as also for the punishment of the Mother and reputed Father 18 Eliz. 3. 21 Jac. 28. 3 Car. 1. 4. But such a Bastard-child must be one that is left to be kept at the charge of the Parish or one likely to be or which may be chargeable to the Parish 7 Jac. 4. Poor XV. Quere If the Bastard die before any order if the Justices may make an order for the Parish only or for Midwives Reward c. Dalt 38. Infra § 23. Justices XVI Dalt 25. cap. 6. And yet notwithstanding the Rule Com. 206 b. in Stradling's Case whereas by 18 Eliz. 3. § 1. N. 2. the order to be taken for a Bastard-child is appropriated to two Justices of the Peace one being of the Quorum in or next unto the Parish where such Child shall be born if two such Justices cannot agree upon the reputed Father or in making such order as the Statute requireth or in other execution of the Statute Quere what is to be done I have known the Case lately moved to the Judges of Assize who thought it fit that such
Poor that it hath been resolved that a Bastard-child of persons able to keep it and not like to be chargable to the Parish is not within 18 Eliz. 3. § 2. N. 2. and a reputed Father is to be adjudged by the two next Justices of the Peace or the Sessions Justices XXIX 1 Cr. 470. in Slater's Ca. Pasch 13 Car. 1. B. R. Resolved by the whole Court 1st That before 3 Car. 1. 4. 5. § 15. N. 2. the Justices at the Sessions had no authority to meddle in the case of Bastardy till the two next Justices according to 18 Eliz. 3 § 2. N. 2. had made an order therein and that then and not before the party refusing to perform the order and upon giving reasonable Security to appear at the next Sessions and abide such order as the Justices there or the more part of them should make c. the Justices at the Sessions might make a new order c. otherwise nor Dalt 25. 37. supra § 16 17. 2 Bulstr 324. pl. 238. Sessions XXX 1 Cr. 470. ibid. in Slater's Ca. Resolved 2dly That by the Statute 3 Car. 1. 4. 5. § 15. N. 2. The Justices of the Sessions have power and authority originally to make an order in the case of Bastardy For the words are That all Justices of the Peace within their several Limits and Precincts and in their several Sessions may do and examine all things concerning that part of the Stat. 18 Eliz. 3. § 2. touching Bastards c. that by the Justices of the Peace in the several Counties were by the said Stat. limited to be done And therefore the first order made by the Sessions was in this case good and legal and the second order made by the two next Justices void and could not alter or revoke the order which was first made by good authority c. Errour XXXI 1 Cr. 471. ibid. Slater's Ca. 3dly Resolved That an Error in part viz. committing the Mother for life for the first Offence and in that part of the Order which only concerned her should not vitiate the whole Order Poor XXXII 13 14 Car. 2. 12. § 19. N. 2. That it shall and may be lawful for the Churchwardens and Overseers for the Poor of such Parish where any Bastard-child shall be born to take and seize so much of the Goods and Chattels and to receive so much of the annual Rents or Profits of the Lands of such putative Father or Lewd Mother as shall be ordered by any two Justices of Peace c. for or towards the discharge of the Parish to be confirmed at the Sessions for the bringing up and providing for such Bastard-child Women XXXIII 4 Co. 17. in Ann Davies Ca. If a Feme hath a Bastard she is punishable by 18 Eliz. 3. and though Fornication or Avowtry be not examinable by our Law because they are done in secret and peradventure are uncomly to be publickly examined yet the having of a Bastard is a thing apparent and examinable by the said Act. Process XXXIV Dalt 355 356. cap. 121. A Warrant for the reputed Father of a Bastard-child Cumb. ss WHereas complaint hath been made to me by K. I. of your said Town single woman That she is gotten with child by one T. S. also of your Town Butcher These are thetefore to will and require you and in His Majesties Name to charge and command you and either of you That presently upon the receipt hereof you attach the body of the said T. S. and thereupon to bring him before me or some other of His Majesties Justices of the Peace for this County to find sufficient Sureties as well for his appearance at the next General Sessions of the Peace to be holden for this County as also for his good behaviour towards His Majesty and all his Leige-people in the mean time and hereof fail you not as you will answer the contrary at your perils Dated c. Dalt 37. in § supra XXXV Dalt 356. ibid. Where a Maid-servant is gotten with child Poor and from thence sent to her place of birth FOrasmuch as J. M. Essex ss for the space of _____ years now last hath dwelt in the Parish of W. in the County of E. and being there settled in service with c. was gotten with child and being so with child now sent or conveyed to the Town of B. under colour that she was there born to the burthening of the said Town and contrary to Law These are therefore in His Majesties Name to charge and command you safely to convey the said J. to W. aforesaid there to be set on work or otherwise to be provided for according to the Law and that you deliver and leave or offer to leave the said J. to and with some one of the Churchwardens and Overseers for the Poor of the Parish of W. aforesaid and hereof fail you not c. Dalt 97. cap. 40. XXXVI Dalt 384. cap. 125. A Mittimus to the Goal Imprisonm of the reputed Father of a Bastard-child c. I Send you herewithal the body of R. C. of C. Labourer Cambr. ss brought before me this present day and charged by F. S. of the same Town to have gotten her with child and for that the said R. refuseth to put in Security for his appearance at the next Quarter-Sessions and to the end he may be forth-coming when as order shall be taken for the relief and discharging the said Town of B. and for the keeping of the said Child when it shall happen to be Lorn according to the Statute in that Case provided These are therefore on the Kings Majesties behalf to charge and command you That immediately you receive the said R. C. and him safely to keep in your said Goal until such time as he shall be from thence delivered by due order of Law and hereof fail you not as you will answer your contempt at your peril Dated c. XXXVII Dalt 385. cap. 125. Poor A Mittimus to the House of Correction for one that runneth away leaving her Charge to the Town WE have sent you herewithal the body of I. K. of W. single woman Cambr. ss being lately delivered of a Child and one that is able to labour and thereby to relieve her self and her said Child and hath notwithstanding lately run her away and left her Child upon the Parish to the charge of the same Parish contrary to the Statute in that behalf provided These are therefore to will and require you to receive the said I. K. and her safely to keep until the next Quarter-Sessions to be holden for this County and in the mean time to hold her to such works and to give her such due Correction by moderate whipping or otherwise as shall be fitting in your discretion and according to the Law in that behalf provided yielding her for her maintenance only so much as she shall deserve
' non haberet sive non haberent aliquas Aures ita quod illius modi Poenam subiret ut prefertur quod tunc ipse vel ipsi signarentur in Bucca Anglicè Cheek Ferro candenti Angl ' a hot Iron habent Hanc literam F. per quam ipse vel ipsi cognosci haberi possint pugnar ' affectores pugnatores ultra hoc quilibet talis persona foret staret ipso facto excommunicat ' prout in statut ' plenius Continetur Quidam tamen G. B. nuper de S. c. 2 Die Junii c. vi Armis viz. c. cum quodam Pugione in quendam T.C. in pace Dei Dict' Domini Regis existent ' apud C. in Com' E. predict ' in Coemiterio Ecclesiee Parochialis de C. predict ' Insultum fecit ipsum T. super Caput suum ad tunc ibidem malitiosè percussit alia Enormia ei intulit ad grave Damnum ipsius T. contrà Pacem dicti Domini Regis nunc c. ac Contra form ' Statut ' predict ' c. Cinque-Ports Peace I. Dalt 163. cap. 68. If a man hath cause to have Surety of the Peace against one dwelling in the Cinque-Ports he must have a Writ out of the Chancery directed to the Constable of Dover and to the Warden of the Cinque-Ports the form thereof see F.N.B. 80. Circumstances see Proof c Examination Citation see Ordinary Claim see Market Overt Clergy see Coron Clerk of the Market see Market Overt Clerk of the Peace see Peace Cloth see Draperp Cod see Fish Coertion see Process Duress Coffee-houses see Ale Collectors see Account Taxes Collusion Fraud Covin Cheats Cozening Deceits Counterfeits Forgery Forgery I. 33 H. 8. 1. § 3. N. 1. Two Justices of Peace in every County whereof one to be of the Quorum shall have power to call and convent by Process or otherwise to the said Assizes or general Sessions any suspected of gaining money by false Tokens or counterfeit Letters c. and to commit him or them to ward or let him or them to Bail till the next Assizes or general Sessions there to be examined and further to be ordered by their discretions Dalt 47. cap. 17. Good behav II. Dalt 47 48. cap. 7. Also it seemeth that any one Justice of Peace may bind such offender as Cheaters to their Good behaviour and so to the next Assizes or Sessions of the Peace or else may send such offenders as idle and disorderly persons to the House of Correction there to be continued until the next Assizes or Sessions and then and there to be forthcoming yet Quoere of sending them to the House of Correction Commission see Justices Commitment see Imprisonment Common-Prayer see Religion Common I. 32 H. 8. 13. § 6. N. 1. Shall be driven at the Feast of St. Michael Days or within 15 days next II. Lamb. 475 476. Enquiry in Sessions Forest if any have put to feed in any Forest Chace Moor Marsh Heath Common or Waste ground within this Shire where any Mares are used to be kept any Stoned Horse being above two years old and not being fourteen handfuls high between the lowest part of the Hoof and the top of the Wither if any such Forest or Grounds have not been yearly driven within 15 days after Michaelmas by the Owners or Officers thereto appointed 32 H. 8. 13. III. West Symb. 2 part 112 b. sect 132. Indictment An Indictment for Inclosing of a Common c. Crompt 260. pl. 92. Juratores pro Domino Rege super sacramentum suum presentant Essex ss quod est à tempore quo memoria hominum non existit fuit esse consuevit apud Villam de A. in Com' E. predict ' quaedam antiqua Communia vocat ' M. eidem Villae adjacens ac per spacium unius milliarii ab eadem Villa extendens pro omnibus hominibus tenent ' infra Villam predict ' moram trahentibus cum bobus afris porcis bidentibus aliis averiis suis per totum annum infra Commumniam predict ' depascend ' quodque omnes illi infra Villam predict ' moram trahentes à tempore quo memoria hominum non existit infra Villam predict ' Communiam pro Averiis suis predict ' ibidem habuere debuerunt consueverunt quousque R. C. cum aliis ignotis de Communia sua ei associatis vi armis scil gladiis c. 10 die c. Anno regni c. apud A. in parochia de A. predict ' de Communia predict ' injuria sua propria absque titulo clameo seu possessione per ipsos habitis mille acras ibidem cum sepibus fossatis sibi inclusit obstupavit illas sic inclusas obstupat ' ut separale solum suum à predicto die c. usque c. tenuit occupavit in prejudicium damnum nocument ' impediment ' omnium hominum tenentium predictorum infra Commumniam predict ' Communiam habentium necnon contra consuet ' predict ' contra pacem dicti Domini Regis c. Concealment see Omission Condition see Recognizance Confession see Proof Congregation see Riot Conies see Forest Cattel Coyn see Money Conjuration Witchcraft Prophesies Egyptians I. LAmb. 4. cap. 4. pag. 410 411. Enquiry in Sessions Slander if any person have within these six months advisedly advanced published and set forth by writing Printing open speech or deed to any other person any fantastical or false Prophesie upon Arms Fields Beasts or Badges or upon any Time Name Bloudshed or War to make thereby Rebellion dissention loss of life or other disturbance within the Kings Dominions 5 Eliz. 15. § N. Crompt 52. a b. II. Lamb. 410. Enquiry in Sessions Coron if any person have used Invocation or Conjuration of any evil Spirit for any cause or consulted with fed or rewarded any evil Spirit for any intent 2. Or have taken up the dead body of any Man Woman or Child or any part of any dead person to be used in any manner of Witchcraft Sorcery Charm or Inchantment 3. Or have used Witchcraft Inchantment Charm or Sorcery whereby any person hath been killed destroyed wasted consumed pined or lamed in his Body or part thereof 4. If any have undertaken by Witchcraft Inchantment Charm or Sorcery to tell in what place any Treasure of Gold or Silver might be found or where Goods lost or stoln should be become or to the intent to provoke any person to unlawful Love or to destroy or impair any persons Goods or to hurt any person in Body although the same were not effected 1 Jac. 12. § 3. N. 1. Crompt 52 b. Hales Pleas of the Crown tit Witchcraft Clergy III. Lamb. 556. Conjurers or Witches their aiders or counsellors shall neither have Sanctuary nor Clergy 1 Jac. 12. § 4. N. 2. Proof
about your Town be duly kept for the apprehending of Rogues Vagabonds Night-walkers Eves-droppers Scouts such as go armed and the like 7. And that Hue-and-cries be duly raised and pursued according to the Statute of Winchester against Murderers Thieves and other Felons 8. And that the Statutes made for the punishment of Rogues and Vagabonds and other idle persons coming within your Bounds and Limits be duly put in execution 9. You shall have a watchful eye to such persons as shall maintain or keep any common house or place where any unlawful Game is or shall be used as also to such as shall frequent or use such places or shall use or exercise any unlawful Games there or elsewhere contrary to the Statutes 10. At your Assizes Sessions of the Peace or Leet you shall present all and every the Offences done contrary to the Statutes made 1 Jac. 9. 4 Jac. 5. 21 Jac. 7. to restrain the inordinate haunting and tippling in Inns Alehouses and other Victualling-houses and for repressing of Drunkenness 11. You shall there likewise true presentment make of all Bloudsheddings Affrays Out-cries Rescous and other Offences committed or done against the Kings Majesties Peace within your limits 12. And you shall have a care for the maintenance of Archery according to the Statute 13. You shall well and duly execute all Precepts and Warrants to you directed from the Justices of Peace of this County 14. And you shall well and duly according to your knowledge power and ability do and execute all other things belonging to the Office of a Constable so long as you shall continue in this Office So help you God Kitch 47 Boult 1. cap. 72. pag. 320. Peace LXV Kitch 47 b. By the Common-Law before there was any Justices of Peace Constables of every Vill were Conservators of the Peace Br. 2. within their Vills Dalt 3. cap. 1. supra § 5. 46. supra § 54. Lamb. Constables 9. supra § 14. Officer LXVI Kitch 47 b. Constables were ordained for the intents to keep the Peace and also to pursue Felons and to take Surety by Obligation of such persons as they found making Affrays Poor LXVII Kitch 47 b. Constables have power to examine Vagabonds and compel them to find Surety of their Good behaviour and if they cannot to commit them to the next Goal 1 R. 2. 5. Vagabonds Rast 5. Apprentice LXVIII Kitch 48. Constable may arrest Servant Labourer Vagrant unless he hath Letters containing the cause of his Journey and the time of his return under the Kings Seal and may put him in the Stocks until he hath found Sureties to serve 12 R. 2. 3. Vagabonds Rast 7. LXIX Kitch 48. Games Constables have power to commit every one using unlawful Games until the Offender be bound in an Obligation to the King's use that he will not use any unlawful Games 6 H. 8. 2. Archery Rast 2. Crompt 79. LXX Kitch 48. Constables on complaint Sewers may arrest Boatmen and Watermen that take more then is limited for them to take and commit them to ward for their misdemeanours and to make a fine for the same 6 H. 8. 7. Passage Rast 8. LXXI Kitch 48. Poor Constables have power to committ Beggers to the Stocks who offend 22 H. 8. 12. 14 Eliz. 5. Vagabonds Rast 29. LXXII Kitch 48. A Constable was ordained to keep the Peace Bail and may take a Surety of the Peace by Obligation of one if he find him making Affray 10 Ed. 4. 18. Surety Br. 26. LXXIII Kitch 48 b. A Constable cannot take a Recognizance Br. 14. Recogniz to keep the Peace but an Obligation Surety Br. 26. LXXIV Kitch 48 b. Stocks are ordained properly to punish Vagrants and Servants for Wages 10 Ed. 4. 18. Surety Br. 26. see 7 H. 4 17. § N. LXXV 2 3 Ph. Mar. 10. § 4. N. 2. Imprisonm Bailiffs and Constables of Town where any ill Mault shall be made or put to sale shall search and survey all such Mault made within the said Town c. LXXVI Crompt 6 b. § 5. Item The Constables of Hundreds Vills Coron Wapentakes Laths and Tythings were and are Conservators of the Peace by the Common-Law within the Hundreds and their Limits as appears Crompt 222 b. tit Constables 12 H. 7. 17 18. 5 H. 7. 6. 20 Ed. 4. 7. 13 H. 7. 10. Finch Nomot 127. 136. cap. 22. LXXVII Dalt 3 4. cap. 1. Peace The High-Constables of Hundreds are Conservators of the Peace within their several Hundreds and Limits by the Common-Law Crompt 6. § 5. 2. And therefore these High-Constables at their Pety-Sessions Pety-Sessions for any Affray made in disturbance of their Court may imprison the Offenders 11 Co. 43 44. 3. Every Pety-Constable within the limits of their several Towns Peace be Conservators of the Peace at the Common-Law by virtue of their Office Peace Br. 13. 4. There be other Officers of much like Authority to our Constables Officer as the Borsholders in Kent the Third-borough in Warwickshire and the Tythingman and Borough-head or Headborough or chief Pledge in other places 5. But yet the Office of a Constable is distinct and as it seemeth of more and greater authority and respect than these as in 39 Eliz. 4. § 3. N. 3. where the Tythingman or Headborough is to be assisted in the punishment of Rogues with the advice of the Minister and one other of the Parish whereas the Constable alone of himself as well as the Justice of Peace may appoint or cause Rogues to be punished 6. And Mr. Lambert seemeth to hold that these Borsholders Officer Third-boroughs Tythingmen Headboroughs and such other being in a Town or Parish wherein a Constable is those other cannot meddle because Constables be in comparison of them head Officers and that the Tythingmen c. are but as assistants to the Constable in all services of his Office when the Constable is present and in his absence then these other to attend the Service And that there are many other things which the Constables may do and wherewith the Borsholders and the rest cannot meddle at all 7. And yet in Towns where there be no Constables and that the Borsholders Third-boroughs Tythingmen Headborouhhs and such other be there the only Officers for the Peace as also in such cases where the Power or Authority of the Borsholder c. is declared to be equal with the Power of the Constable In all such cases and things their Office and Authority be in a manner all one 1 Jac. 7. 8. And now for that these Pety-Constables be much absent from their houses and homes partly by reason of their Imployments in their Office and partly by reason of their own private occasions especially in our and other like parts of the Land where these Officers are for the most part Husbandmen and so most part of the day in the Fields it would prove very
or not dwelling within five Miles of the Sea Coast or not dwelling in a House two Furlongs distant from any City Bourough or Town do keep or have in his house any Cross-bow 33 H. 8. 6. § 6. N. 1. Lambert 295. Days XVII Lambert 473. Inquiry if any having 100 l. per An. having Seised any Cross-bow or Gun by virtue of this Act have not broken the same in pieces within 20 dayes next after such Seisure 33 H. 8. 6. § 2. N. 2. Fowl XVIII Crompt 89. b. Inquire if any who is no Lord of Parliament Shoot in any Hand-gun within a City or Town at any Fowl or other Marks upon any Church House or Dovecote or shoot more Bullets then one at a time or Hail-shot shall lose 10 l and shall be Imprisoned three years 2 3 Ed. 6. 14. § 1. N. 3. Enquest XIX Lambert 190. b. 191. Justices of Peace also by another Enquest may Inquire of the Concealment of such an Enquest as is Sworn before them to Inquire of Offences done against 33 H. 8. 6. § 20. N. 1. concerning shooting in Guns and Cross-bows and the Fine of every such Juror that is Convict of such Offence is 20 s. Justices XX. Lambert 620. The Justice of Peace that faileth to Record at the next Quarter Sessions the name of any person Authorized to shoot in a Gun that hath presented his Name unto him shall lose 20 s. if 2 3 Ed. 6. 14. § 2. N. 3. do so far extend whereof the words give cause of doubt Apprentices XXI 1 H. 7. 2. § 1. N. 11. Furthermore it is Ordained and Enacted c. that none Apprentice ne Servant of Husbandry Laborer ne Servant Artificer Play at the Tables from the tenth day of January next coming but only for Meat and Drink ne at the Tenis Claysh Dice Cards Bowls nor any other unlawfull Game in no wise out of Christmas and in Christmas to play only in the dwelling house of his Master or where the Master of any of the said Servants is present upon pain of Imprisonment by the space of a day in the Stocks openly Process XXII 11 H. 7. 2. § 1. N. 12. And that the Householder where Dicing Carding Tennis playing Bowls Claysh or any other unlawfull Game afore rehersed shall be used otherwise then is afore rehersed and that lawfully be presented before the Justices of Peace the Mayor or Sheriff in his Tourn or Steward in his Leet or by Examination had before the said Justices of Peace that Process be made upon the same as upon Indictment of Trespass against the Kings Peace and that the said misdoers be admitmitted to no Fine under the Sum of 6 s. 8 d. XXIII Lamberts Precedents 18. b. pl. 51. An Indictment for keeping unlawfull Play and Playing thereat West Symb. 2. pt 109. b. § 121. against 33 H. 8. 9. § 11. N. 1. Pract. Preced 163. 159. Kent ss Juratores pro Domino Rege supra sacramentum suum presenttant quod A. R. de C. in dicto Comitatu Tyler secundo die Junii Anno Regni c. continue post dictum diem Anno supradict ' usque primum diem Mensis Julii Anno supradict ' apud C. predict ' in Comitat ' predict ' quendam Communem locum Jacendi Globos Anglice a Common Bowling Alley pro lucro ipsius A. B. proprio ad Ludendum tunc ibidem cum Globis Anglice vocat ' Bowles illicite tenuit custodivit ac manutenuit contra form ' cujusdam Statuti in Parliament ' Domini Henrici nuper Regis Angliae 8. Anno Regni sui 33 in hujusmodi casu provisi ac Editi Et quod J. S. de C. predict ' in dicto Comitatu Laborer tres aliae personae ignotae dicto secundo die Junii Anno supradict ' dictum communem locum usitaverunt ac tunc ibidem cum Globis Anglice vocat ' Bowls insimul illicite luserunt contra formam Statuti predicti XXIV Dalt 80. cap. 31. A man cannot be restrained to use the Trade of making Dice Cards Bowles or the like except it be by Parliament c. 11 Co. 86. Gawgers see Measures Glass men see Trades Goals see Imprisonment Goldsmiths see Mettle Good Behaviour Peace Behaviour Abearing Affray Sureties Warrants Recognizance Contempts I. Lambert 2. cap. 2. pag. 116. That in 2 H. 7. 2. Peace the Surety of the good Abearing is set forth to rest in this point chiefly that a man demean him-himself well in his Port and Company doing nothing that may be cause of the breach of the Peace or of putting the People in fear or trouble and that it doth not consist in the observation of things that concern not the Peace And that it should differ from Surety of the Peace in this that where the Peace is not broken without an Affray or Battery or such like this Surety de bono Gestu may be broken by the number of a mans Company or by his or their Weapons or Harness Dalt 187. infra § 12. Recognizance II. Lambert 116. ibid. Herewithall also do certain Precedents of the Kings Bench agree which in Surety of the Good Abearing taken at the Suit of some one person do mingle the words a modo se bene Geret erga Dominum Regem cunctum populum suum precipue erga T. B. with those other words that are commonly put in the Recognizance for the Peace as in Rast Entr. 415 416. Tit. Peace any man may see III. Lambert 117. But all this notwithstanding Condition methinks that a man may reasonably affirm that the Surety of Good Abearing should not be restrained to so narrow Bounds for first the Statute 34 Ed. 3. 1. § 1. N. 6. Enableth the Wardens of the Peace to take of all them that be not of Good Fame where they shall be found sufficient Surety and Mainprise of their Good Abearing towards the King and his People so that if a man be defamed he may by vertue hereof be bound to his Good Behaviour at the discretion of the Wardens and Justices of the Peace And I once received a special Writ out of the Chancery directed Custodibus Pacis Vicecom ' eorum cuilibet and grounded upon the same Statute for the Binding of a man with Surety quod ipse boni Gestus Famae de caetero erit quod nihil in contrarium Statuti predicti quovismodo attemptabit c. wherein I proceeded as a Minister only Dalt 188. cap. 74. IV. Lambert 117. But the doubt resteth in this Justices to understand concerning what matters this Defamation must be and that as I think may be partly gathered out of the said Statute also for after it hath 34 Ed. 3. 1. § 1. N. ◠3 given power to the Wardens of the Peace to Arrest and Chastice Offenders viz. against the Peace Rioters and Barretors then it willeth them 34 Ed. 3. 1. § 1. N. 4. To
Inquire of such as having been Robbers beyond the Sea were come over hither and would not labour as they were wont and lastly it Authorizeth them 34 Ed. 3. 1. § 1. N. 6. to take Surety of the Good Behaviour of such as be defamed namely as I think for any of those former offences for so it standeth well together that they shall both punish such as have already so offended and shall also provide that others shall not likewise offend and even so do they of the Chancery understand it as by their special Supersedeas which I afterwards received from them upon that Writ c. I did well perceive Writs V. Crompt ibid. 135. b. 136. a. He that is not of Good Fame or Name nor of honest Conversation but of male Disposition Barretors and perturbers of the Peace that are like to do Murder Homicide Strifes Discords and other Grievances to the Kings Liege people in their Bodies by reason of the Premisses shall be bound to their Good Behaviour as appears by Writ out of the Kings Bench which followeth Jacob. Dei Gratia c. Vicecom ' S. Salutem quia datum est nobis intelligi informari per relationem testimonium multorum fide dignorum Com' tui quod A.B. de W. in Com' predict ' Armiger J.C. de eodem Yeoman non sunt bonorum nominis famae nec conversationis honestae sed malae dispositionis Barratores Pacis nostrae perturbatores ita quod veresimiles sunt facere Murdrum Homicidium Lites Discordias alia Gravamina Damna inter ligeos nostros de corporibus suis pretextu premissorum indies oriri Ideo tibi precipimussicut pluries tibi precipimus quod non omittas propter aliquam libertatem in Balliva tua quin attachias prefatos A. B. J. C. ita quod eos habeas coram nobis a die Paschae in 15 dies ubicunque tunc fuerimus in Angliae ad inveniendum tunc coram nobis sufficientem securitatem de se bene Gerendo erga nos cunctum populum nostrum juxta form ' Stat ' inde editi provisi sub certa pena eis per nos tunc imponend ' cum prefatos A. J. seu eorum alterum virtute hujus brevis sic attachiat ' tunc eos per sufficientes manucaptores qui eos seu eorum alterum manucapâ—re voluerit sub certa pena eis eorum cuilibet per te rationabiliter imponend ' tam pro die sua conservand ' quod pro seipsis medio tempore bâ—ne gerend ' in Ballium usque ad prefatum Terminum dimittatis pro officiorum in hac parte faciend ' duos solidos quatuor denarios de utroque prefatorum A. B. J. C. solummodo capias hoc nullatenus omittatis periculo incumbent ' habeas ibi hoc breve E. J. Popham apud Westmin 12 die April 2 Eliz. see Mich. 17 18 Eliz. This Writ is founded upon 34 Ed. 3. 1. that speaks that Riotors Barrators Misfeasors and those that are not of good Fame shall be bound to the Good Behaviour Forfeiture VI. Lambert 118. Moreover it seemeth to me that all these Statutes 1 Mar. 1. 2. cap. 3. § 6. N. 2. against disturbing Preachers 5 Eliz. 21. § 2. N. 6. against takers of Fish Deer or Hawks Crompt 135. on 23 Eliz. 1. § 5. N. 2. against not coming to Church 39 Eliz. 4. § 5. N. 2. against hinderers of Execution against Rogues 3 Jac. 13. § 2. N. 3. against unlawfull Hunting That all these Statutes have this one meaning that a party so bound may afterwards Forfeit his Recognizance if he eftsoons offend against the said Statutes Imprisonment VII Lambert 118 119. Besides this 13 H. 7. 10. its admitted by the Opinion of the Court that if a man in the night season haunt a house that is suspitious for Bawdry or use suspitious Company then may the Constable Arrest him to find Surety of his Good Abearing Crompt 135. b. Dalt 189. Bastardy VIII Lambert 119. ibid. And therefore it shall not be amiss at this day in my slender Opinion to grant Surety of the Good Abearing against him that is suspected to have begotten a Bastard Child to the end that he may be forth-coming when it shall be Born c. And if this Medicine might lawfully be applied to Shoomakers Taylors Weavers and other light persons that without Testimonial or other good Warrant do flit out of one Shire into another not only that evil of Bastardy but many other mischiefs might be either prevented or punished thereby Dalt 191. Suspition IX Lambert 119 120. But for some advice by the way in conceiving rightly this suspition mark what Bracton Writeth Suspition ariseth from Fame and from Fame and Suspition arise violent presumption But that Fame which induceth Suspition ought to arise among the Good and Grave and yet not once but often Suspition also ariseth upon a Precedent compact to which we must stand till the contrary be proved X. Lambert 120. Justices Now the further that this Bond of the Good Abearing doth extend the more regard there ought to be taken in the Awarding of it and therefore although the Justices of Peace may have power to grant it either by their own discretion or on the complaint of others even as they may that of the Peace yet I wish rather that they do not command it but only upon sufficient cause seen to themselves or upon the Suit and complaint of divers and the same very honest and Credible persons Dalt 330 331. cap. 117. 188. cap. 74. XI Crompt 135. b. Justices One Justice of Peace may bind a man to the Good Behaviour who is a Common Barretor c. 13 H. 7. Kell 41. pl. see the words of the Commission § Lambert 120 121. 9 Ed. 4. 3. Dalt 187 188. Crompt 138. infra XII Dalt 187. cap. 74. The Peace is not broken without an Affray Peace Lambert 116. Battery Assault Imprisoning or extremity of Menacing whereas the Good Abearing may be broken and Recognizance Forfeit without any of these as namely 1. By the extraordinary number of people attending upon the party bound 2. By wearing of Harness or other Weapons more then usual 3. By using words or threatnings tending or inciting to the breach of the Peace 4. By doing any thing tending to the breach of the Peace or to put the people in dread or fear tho there be no actual breach of the Peace yet Note these four c. are also causes to bind a man to the Peace yea they are breaches of the Peace c. XIII Dalt 187. Recognizance This Surety of the Good Behaviour is to be granted at the Suit of divers and those being men of Credit and to provide for the safety of many whereas the Surety of the Peace is usually granted at the request of one and for the
preservation of the Peace chiefly towards one XIV Dalt 187. ibid. Justices Also this Surety of the Good Abearing is most commonly granted either in open Sessions of the Peace or out of the Sessions by two or three Justices of the Peace whereas that of the Peace is usually granted by one Justice of Peace and out of Sessions Dalt 366. infra XV. Dalt 187 188. And yet by the words of the Commission as also by the Common opinion of the Learned Lambert 120 121. Crompt 135. b. 14 H. 7. 8. supra Any one Justice of Peace alone and out of the Sessions may grant this Surety of the Good Abearing and that either by their own discretion or upon the complaint of others as they may that of the Peace But this is not usual unless it be to prevent some great and sudden danger especially against a man that is of any good Estate carriage or report Crompt 138. infra XVI Dalt 189. cap. 75. I lately granted the Good Behaviour against one for that he had bought Ratisbane and mingled the same with Corn Coron and then wilfully and malitiously did cast the same among his Neighbours Fowls whereby most of his Fowls dyed and it was holden to be a Good cause to bind the Offender over by the whole Bench and since I have known it allowed as a Good Cause by the Judges of Assize XVII Dalt 189. The Justice of Peace also upon his own discretion Suggestion and without complaint may bind to the Good Behaviour any other person which in his presence or hearing shall misbehave himself in some outragious manner of Force or Fraud and may Commit such person to the Goal if he refuse to be bound Recognizance XVIII Dalt 189. It is also grantable against such as be of Evil Name and Fame generally but more specially against such as are Defamed or Detected in any of these particulars 1. For resorting to houses suspected to maintain Adultery or Incontinency 2. The Maintainers of suspected Bawdy houses 3. Common Whores or Whoremongers 4. Night Walkers that be suspected to be Pilferers or otherwise like to disturb the Peace or that be persons of Evil Behaviour or that shall keep Company with such Evesdroppers Cutters of Gates Carts Pens c. 5. Persons suspected who live Idly and yet fare well or are well aparelled having nothing whereon to Live except on Examination they give a good account Dalt 354 And 6. Common Haunters of Alehouses Taverns and Common Gamesters but more especially if they have not whereon to Live 7. Common Drunkards twice Convicted by 7 Jac. 5. 21. Jac. 7. § N. 8. Such as use to go on Messages for Theeves London XIX Crompt 140. § 21. One who had ill Women in his House in London was Committed untill he were bound to Good Behaviour and this was so odered at the Sessions at Newgate 28 Eliz. by Wray and Anderson Chief Justices and Manwood Chief Baron Dalt 189. cap. 75. XX. Dalt 190. cap. 75. Fresh Suit Also the Good Behaviour seemeth grantable against such as shall make false Outcryes or shall raise Hue and Cry without Cause for these are disturbers of the Peace Crompt 179. If one man doth levy Hue and Cry upon another without Cause either of them may be Attached and bound over as Disturbers of the Peace 29 Ed. 3. Trespass 252. tamen Quaere Concerning him upon whom the Hue and Cry is levied except he be either a man of evil Fame or that there be some Felony Committed Collusion XXI Dalt 190. Also it seemeth grantable against Cheaters and Coseners Slander XXII Dalt 190. ibid. Libellers it seemeth also my be bound to their Good Behaviour as Disturbers of the Peace whether they be the Contrivers the Procurers or the Publishers of the Libell c. by Writings Words or Pictures c. 5 Co. 125. and no matter whither true or false Execution XXIII Dalt 191. The Sheriffs Bayliff upon a Warrant from the Sheriff to make Execution of the Goods of A. went into the house of A. finding the door open and A. shut the doors upon the Bayliff and so deteyned him as a Prisoner in his House and Sir Robert Houghton one of the Judges of the Kings Bench thought it a good cause to grant out Process de bene Gerendo against A. for thus abusing an Officer of the Law Anno 17 Jac. Contempt XXIV Dalt 191. It seemeth that he which shall use words of contempt or contra bonos more 's against a Justice of Peace tho it be not at such a time as he is Executing his Office yet he shall be bound to his Good Behaviour Religion XXV Dalt 192. Disturbers of Preachers by the Statute 1 Mar. 1. 2 cap. 3. § 6. N. 2. And destroyers of Fish by 5 Eliz. 21. § 2. N. 6. and shall be bound to the Good Behaviour at the Sessions Pope XXVI Dalt 192. § 5. Popish Recusants absenting from Church shall be bound in B. R. by 23 Eliz. 1. § 5. N. 2. Pardon XXVII Crompt 135. He that is Attaint for Felony and hath a pardon shall find Surety for the Good Behaviour with six Mainpernors during his Life by 10 Ed. 3. 3. § N. Dalt 192. § 6. Coro XXVIII Crompt 135. He that is acquit of Felony shall be bound to the Good Behaviour if he be of ill Fame or ill Gesture Rast Entr. 361. Dalt 192. § 6. Poult de Pace 118. XXIX Dalt 193. To be Drunken is a Breach of the Good Behaviour Ale as Sir Nicholas Hide did deliver it in his Charge at Cambridge Lent Assizes An. 3. Car. 1. XXX Dalt 193. cap. 75. Whether the Surety of the Good Behaviour taken upon complaint may be released by any special person Release some do doubt it because it seemeth more popular then the Surety of the Peace yet others do hold that it may be released either by the Justice of Peace himself that took it in discretion or by the party upon whose complaint it was granted even as that for the Peace may Dalt 176. cap. 71. 391. cap. 128. Lambert 123. XXXI Dalt 193. ibid. Supersedeas It seemeth also a Supersedeas of the Good Behaviour my be granted by the Justices of Peace as well as for the Peace mutatis mutandis upon Good Sureties c. Crompt 237. Dalt 365. cap. 122. 390. XXXII Cr. 146. Certiorari If a man be bound to the Good Behaviour before Justices of the Peace and to appear at the Assizes next c. the party bound may remove the Recognizance into the Chancery before the day and then he shall not be bound to appear at the Assizes for they have no Record whereon he can be demanded there and such a Certiorari was obtained de Banco Regis Hill 24 Eliz. to the Justices of Peace in Com' Staff to certifie such Recognizance of the Good Behaviour taken of one Ashenhurst Dalt 193.
the Clerk of the Peace or other Ministers of the Court and after the Evidence given than to consider whether they be formal or ought to be reformed Crompt 109. § 1 Justices XXIII Crompt 101. § 1. The Court of Office ought to see that the Indictments be sufficient in matter apparent Lamb. 498. 24 Ed. 3. 74. Counsel XXIV Crompt 105. § 56. The Defendant shall not have Counsel against the King in an Indictment of Felony if it be not for matter of Law otherwise it is in an Appeal 9 Ed. 4. 22. Aprovement XXV 105. b. § 61. An Approvement is as an Indictment and he that is approved shall be arraigned thereon 21 Ed. 3. 17. but a Justice of Peace cannot take an Approvement because he cannot assign a Coronor 9 H. 6. 4. Coron 457. Justices XXVI Crompt 105. b. § 63. A Bill of Indictment upon any Trespass that is contra Pacem or upon which a man shall have a Writ of Trespass upon the Case for Deceit may be taken before Justices of the Peace because the Writ is contra Pacem Fitzh J. P. 12. Suggestion XXVII Lamb. 4. cap. 6. pag. 500. In some cases these Justices may hear one another for every Justice of Peace may upon his proper Knowledge make Presentment at the Sessions of any Offence done against 2 and 3 Ph. and Mar. 8. § N. and 5 Eliz. 13. § N. of High-ways and in this and such like Cases his Report hath the force of a Presentment of twelve men so that he and his Fellows may proceed upon it 21. H. 6. 5. Crompt 125. b. Officer XXVIII Lamb. 500. ibid. Of like value is a Presentment made at the next Sessions by Searchers appointed to examine the true making of Tile 17 Ed. 4. 4. § 1. N. 19. Crompt 125. b. Constable XXIX Lamb. 500. ibid. And of some such like strength also as I think is the Presentment of the Constables concerning sundry Points contained in the Statute of Winchester 13 Ed. 1. Stat. 2. cap. 6. § 4. N. 12. Crompt 125. b. Ways XXX Lamb. 500. But I doubt whether any such force be in a Presentment there made by the Surveyors of the High-ways in the Weilds of Kent c. by order of 39 Eliz. 19. § 5. N. 3. for as I think that amounteth to none other but only to give matter to the Justices of Peace to charge the Enquirers there withal Suggestion XXXI 25. Ed. 3. Stat. 5. cap. 4. § 1. N. 2. None shall be taken by suggestion or Petition to the King or Counsel unless it be by Indictment and Presentment c. Poult de Pace 148. § 7. Riot XXXII Crompt 125. b. A Certificat to the King and Counsel by two Justices of the Peace and the Sheriff or under-Sheriff of a Riot that is not found by Jury it shall be as an Indictment by 12 by 13 H. 4. 7. § N. Tryal XXXIII Crompt 125. b. A Presentment Bill or Information against Drovers and Badgers on 5 Eliz. 12. § N. on Examination of two lawful Witnesses shall be as if he had been indicted by twelve men Infant Amerclament I. 52 H. 3. 24. Justices in Eyr shall not amerce Townships because all being twelve years old come not afore the Sheriffs and Coronors to make inquiry of Roberies Burning of Houses and other things pertaining to the Crown so there come a full Enquest c. except for the death of a man whereas all being twelve years of age ought to appear War II. 13. Ed. 1. Winch. Stat. 2. cap. 6. § 1. N. 2. Every man between fifteen years of age and sixty shall be assessed and sworn to Armour according to the quantity of their Lands and Goods 31 Ed. 1. pag. 71. § 1. N. 11. Articles on Winch. repeal'd 21 Jac. 28. § 11. N. 44 69. Apprentice III. 21 H. 8. 7. § 2. N. 1. Provided that this Act of Servants Felony in Imbezelling Masters Goods above 40 s. shall not be prejudicial to any Apprentice or any person within the Age of 18 years c. IV. Dalt 82. cap. 31. Covenant By the Common Law such a Covenant or Retainer of an Infant under 12 years of age was void but now by 5 Eliz. 4. § 25. N. 2. every Tiller of a Plow-land may receive Apprentice above Ten and under Eighteen years of age but 5 Eliz. 4. § 36. N. 1. none shall be bound to enter into any Apprentiship other than such as be under 21. V. 43 Eliz. § 5. N. 1. Poor That Church-wardens and Overseers by consent of two Justices may bind poor Children Apprentices until Men come to 24 and Women to 20. c. VI. Dalt 199 200. cap. 77. Force An Infant of the age of Eighteen years by his own act may commit a forcible Entrie or detainer and so he may though he be under Eighteen if so be he be of age of Discretion viz. of the age of Fourteen years see Perkins 10. b. pl. and it seemeth the Justice may fine him therefore but yet it shall be good Discretion in the Justice of Peace to forbear the Imprisonment of such Infants Imprisonment Br. 43 45 75 101. for an Infant shall suffer no Imprisonment or Corporal Pain for any Offence by him committed against any Statute wherein an Infant is not expresly named 7 Jac. 6. § N. VII Dalt 222. cap. 88. Also Women and Children may commit a force Peace may commit Larceny and may be bound to the Peace as Breakers of the Peace Dr. Stud. 147 148. Crompt 29. b. Dalt 269. cap. 104. VIII Lamb. 2. cap. 2. pag. 79. An Infant Good behaviour though within Fourteen years of age may demand and ought to have surety of the Peace Marrow and I do not find any strong reason why any man against an Infant above the age of Fourteen years ought not upon good Cause to have it though perhaps an Infant cannot be bound for himself Dalt 163. cap. 68. IX Dalt 236. cap. 92. Ideor If one that wanteth Discretion killeth himself as an Infant c. he shall not forfeit his Goods Crompt 29. b. X. Dalt 247. cap. 97. Forfeiture If he that is casually slain be under Fourteen years of age nothing shall be forfeited to the King as a Deodand for him as it seemeth Coron 283. Stanf. 21. Information Suits Acc. S. Stat. Actions Indictment Action popular Suggestion Presentment Suggestion I. LAmb. 4. cap. 6. pag. 501. Albeit we read 1 Ed. 5. 6. that the Court of Chancery will sometimes both take Knowledge and also award Process upon an Information by word in the behalf of the Prince and that 39 H. 6. 41. surmise Br. 3. also admitteth such matter yet I think that before Justices of the Peace these Suggestions and Informations both be they by Word or Writing are but of the force to stir up the Justices to recommend the Cause to the
can learn than by Admonition only and calling upon the Parties in which behalf if he shall not be obeyed accordingly he is to prefer the Cause at the Sessions and to work it to a Presentment upon the Statute and so by the help of his fellow Justices to hear and determine thereof as Law requireth Dalt 18. 19. cap. 5. But for prevention of the breach of the Peace he hath full Authority hereby 5. Not only to call the party for the finding of Sureties for the Peace or for the Good Behaviour as the Case shall require but also for not finding such Sureties to Commit him to safe Custody within his Majesties Goal or Prison Lamb. 77. 84. Jurisdiction VII Lambert 49 50. Least these Justices should rather Ground their Judgments upon the Number of voices then upon the weight of reasons this latter clause is shut up with a proviso and restraint § 15. That in all Cases of ambiguity and doubt they shall spare to proceed to Judgment and expect the presence of the Justice of Assize c. and yet as Mr. Fitzh 7. well Noteth is not their Judgment void if they list to proceed without such advise but it standeth good and effectual until it shall be Reversed by a Writ of Error Crompt 6. ab Oath VIII Lambert 53. The Oath of Office of a Justice of Peace Ye shall Swear that as Justices of the Peace in the County of M. in all Articles in the Kings Commission to you directed you shall do equal right to the Poor and to the Rich after your cunning Wit and Power and after the Laws and Customs of the Realm and Statutes thereof made § 2. And ye shall not be of Counsel of any quarrel hanging before you And 3. That ye hold your Sessions after the Form of Statutes thereof made And 4. The Issues Fines and Amerciaments that shall happen to be made and all Forfeitures which shall fall before you ye shall cause to be entred without any Concealment or Imbezelling and truly send them to the Kings Exchequer 5. Ye shall not let for Gift or other cause but well and truly you shall do your Office of Justice of Peace in that behalf and that you take nothing for your Office of Justice of the Peace to be done but of the King and Fees accustomed and Costs limited by the Statute And 6. Ye shall not direct or cause to be directed any Warrant by you to be made to the parties but you shall direct them to the Bayliffs of the said County or other the Kings Officers or Ministers or other indifferent persons to do Execution thereof So help you God and by the Contents of this Book in French Crompt 10. ab Dalt 13. cap. 4. Process IX Lambert 56. It would avail greatly to the furtherance of the service if the Ded ' potestat ' to give these Oaths viz. of Supremacy and Alleigance c. were dirigible to the Justices and none other to Minster the same not elsewhere but in their open Sessions Statutes X. Crompt 7. § 13. 14. By these words § 3. it appears that the Justices ought to do their Endeavour that these Statutes be kept in all points and that they in every of their Quarter Sessions should inquire of the Offenders against them and that they in their Charge given to the Enquests should rehearse especially the Articles of those Statutes that concern the conservation of the Peace and the Good Government of the Subjects of the Realm Fitzh J. P. 10. 10. Ed. 3. cap. 6. Imprisonment XI Crompt 9. b. § 49. The Justices of the Peace have no power to deliver the Goal unless only of those that are Indicted before themselves or before other Justices of Peace of the same County according to the power given to them by the Commission 13 Fitzh J. P. 14. Crompt 122. b. § 5. Lambert 541. XII Crompt 10. § 53. By these words § 6. it appears Enquest that two Justices of the Peace may enquire of all Articles expressed in their Commission though none of them be Justices of the Quorum but the Justices of Peace cannot hear and determine the Articles contained in their Commissions unless one of them be a Justice of the Quorum unless in special Cases given by Statutes XIII Dalt 19. cap. 5. By this Justices of Peace have Execution 13 Ed. 1 Stat. 2. of Winchester in charge it may appear that the King by his Commission may commit the Execution of the Statutes and Laws to whom he shall please and so also a Justice of Peace by vertue of the Commission may execute any Statute whereunto he shall be enabled by the said Commission although there shall be no express power given him so to do by the Words or Letter of the same Statute 22 Ed. 4. Jurisdict 61. Bract. 108. 11 Co. 65. XIV Dalt 19. cap. 5. Note also Commission that there be divers Statutes which be not specified within the Commission and yet are committed to the Charge and Care of the Justices of Peace but all such Statutes which do give expresly any power or Authority to the Justices of Peace are to them a sufficient Warrant and Commission of themselves though they be not recited in the Commission and all such Statutes are also to be executed by them according as the same Statutes themselves do severally prescribe and set down Lamb. 33 34. Pasch 11. H. 7. 22. pl. 11. of Rape XV. Lamb. 64 65. It is the opinion of the Court Records 9 Ed. 4. 3. 14 H. 8. 16. and of divers other Books in our Law that every one of the Justices of Peace even by himself is a Judge of Record for he is made by the Great Seal and hath judicial power and hath a Seal and by Brudnell Peace Br. 6. 14 H. 8. 16. if he make any Warrant though it be beyond his Authority it is not disputable by the Officer c. F. N. B. 81. E. Crompt 120. XVI Lamb. 65. Yea Supersedeas by good opinion 2 H. 7. 1. a Supersedeas of the peace made by one Justice under his Seal being brought into the Sessions is a sufficient Record to prove that there is a Recognizance of the Peace taken by the same Justice and it is warrant enough to call the party bound thereupon and if he make default to record the same XVII Lamb. 67. The Kings Majesty may discharge the Commissioners of the peace by his express Writ under the Great Seal Repealans L. 5 Ed. 4. 32. 137. Judges Br. 19. and if he send a Supersedeas to all the Commissioners of the peace that will suspend all their Authority but yet so that it may be renewed by a procedendo and therefore it doth not utterly determine their Authority as may be gathered by 12. Ass 21. Oyer Term. 4. XVIII Lamb. 67. Again Repealans when the Kings Majesty makes other Commissioners of
the same kind within the same limits it is implyed thereby for avoiding of Repugnancy in the service that the former Commissioners shall have no longer power although there be never a word spoken of the discharge of them 3 Mar. 1. Commissi Br. 24. But yet if there be Justices of Peace by Commission in a whole County and afterwards the King makes another man Justice of the Peace in one Town of the said County Choke only against others was of opinion 10. Ed. 4. 7. Commission Br. 20. that the power of the first Commissioners continued still in that Town because it is not altogether contrariant and Judge Fineux 20. H. 7. 8. held also that if the King make a proper Justice of the Peace within a special Liberty yet may the General Justices of the Peace of that Shire meddle there unlss there be words of Prohibition in the Patent c. but it is plain by the preamble of 2 3 Ph. Mar. 18. § 1. N. 2. that the Law was taken that if a Commission of the Peace were first granted to certain within a Town and after another Commission had been granted to others within the whole Shire that this had been a Supersedeas to the Commissioners within the said Towns Crompt 187. b. 188. a. 189. Notice XIX Lamb. 68 69. Howbeit this Determination of the old Commission that we speak of groweth not immediately by the making of a new Commission but either after the reading or proclaiming of the new Commission at the Sessions of the Peace or at the full County or else by holding of some open Sessions by vertue of the new Commission in all which cases the old Commissioners must take notice of the new Commission or else after the giving of notice of the new Commission unto the old Commissioners for otherwise all the mean Acts of the old Commissioners are good in Law by Marrow 21 H. 6. 29. 34. Ass 28. Commission Br. 14. Crompt 189. Abatement XX. Lamb. 69 70. It is to be noted that in all Cases whereby an Ancient Commission of the Peace is determined by a new yet no Process or Suit hanging before the old Commissioners shall be discontinued thereby 11 H. 6. 6. § N. 1 Ed. 6. 7. Commissioner XXI Lamb. 71. But ask of this if Commission be repeal'd by the coming of the Justices in Eyr or B. R. into the County for if it should be so then it may be some question also what is wrought by the coming of the Justices of Nisi prius who do ordinarily bring Commissions of Oyer and Term and of Goal-delivery with them Crompt 188. b. Adjournment XXII Lamb. 69. Lastly if Justices of the Peace made pro hac vice do sit by vertue of their Commission and do not adjourn the same it seemeth their Commission Br. 11. 7. is determined thereby Crompt 188. b. Quaere Peace XXIII Lamb. 80 81. One Justice of Peace saith Mr. Marrow may grant surety of the Peace to any man against one of his fellow Justices c. Dalt 163. cap. 68. but I doubt not that one Justice of Peace if he will may pray surety of the Peace at the hands of his fellow Justice against another person c. Crompt 122. § 36. 134. b. Next Justice XXIV Lamb. 94 95. If the party shall yield to find surety of the Peace then may he be at his Liberty if the Precept proceed ex officio and without the Writ of Supplicavit to go to any other Justice of the Peace to offer his surety for such is the opinion of Fineux 21 H. 7. 20. Tho. Peace Br. 9. Faux Imprisonment Br. 11. Dalt 167. cap. 69. liketh better to give the Election thereof to the Officer F. N. B. 81. Crompt 89 90. See 9 Ed. 4. 31. 5 Co. 59. b. Fosters Ca. and I do remember that a Justice of Peace was by the order of Star-Chamber thrust out of the Commission only because he refused to accept surety of the Peace offered unto him upon a Warrant awarded by one of his fellow Justices to whom the party as he alled'gd durst not go to give it for fear that he would execute upon him the malice that he bear against him Supersedeas XXV Lamb. 96. If a Justice of Peace will by a Supersedeas discharge a Precept for the peace awarded by his fellow Justice by vertue of his Office and not by force of a Supplicavit which is of a higher nature and cannot be so avoided then shall he do well to take the Recognizance of the peace after the self same sort in all points as the form of the former Precept doth require XXVI Lamb. 120. b. Good Behaviour Although the Justices of Peace have power to grant the Good Behaviour either by their own Discretion or upon the Complaint of others even as they may that of the Peace yet I wish rather that they do not command it but only upon sufficient cause seen to themselves or upon the Suit or Complaint of divers and the same very honest and credible persons XXVII a. Lamb. 130. Jurisdiction A Justice of Peace is undoubtedly for punishment of Breaches of the Peace endowed with no less power than every private man or any Constable hath as it is plain by 9 Ed. 4. 3. 14. H. 7. 8. XXVIII Lamb. 132. Affray If one do make an Affray upon a Justice of the Peace Constable or such other Officer he may not only defend himself but may also apprehend the Offender and send him to the Goal till he will find surety for the Peace 5 H. 7. 6. and the Justice or Constable may if need be command Assistance of the Kings people for the pacifying of an Affray XXIX Lamb. 140. Force This Statute of 8 H. 6. 9. § 2. N. 3. enableth any one Justice of the Peace to give remedy in this hurt of Forcible entry and holding and is made as well against such as enter with force and hold them peaceably and against those that enter in peaceable sort and then maintain their Possession forcibly as also against as many as do both enter and hold in forcible manner F. N. B. 148. Crompt 194. b. § 3. 4. 3 Ed. 419. forcible Entre Br. 15. XXX Lamb. 182. Upon the whole matter Riot viz. of 14 H. 7. 8. Justice of Peace 9. Br. 7 c. one Justice of the Peace alone may do somewhat to prevent a Rout or Riot before it be done and for the stay of it whilst it is in doing but nothing in effect to punish it as a Riot or Rout when it is committed or done for as Judge Fineux saith the Statute which I take to be 34 Ed. 3. 1. § 1. N. 2. rather than 13 H. 4. 7. § 1. N. 1. which by express words requireth two Justices at the least present was given as a hasty remedy and for to prevent a Mischief being imminent and
that the Quarter Sessions in the County of Anglesey in Wales shall be alwayes forever holden at Blau-morris only and not elsewhere within the County of Anglesey except by reason of the Plague or such Contagious Sickness and notwithstanding this Statute a Sessions of the Peace was held at Newburgh in the same County without any special occasion and by all the Justices c. held void coram non judice by reason of the negative prohib Dyer 135. pl. CCLXXIII Crumpt 123. § 8. If a man be bound to appear before the Justices of Peace within xl dayes next after the Bond Recognizance and before the end of xl dayes a General Sessions is held he must appear before them at the same Sessions though it be not so exprest c. Condition Br. 208. Dalt 172. Cap. 70. CCLXXIV Crumpt 123. § 9. If a Justice of Peace upon a pain of x l. Commands one by precept to be at the next Sessions Process and he doth not appear no scire facias shall Issue no more then on a Subpenae but it seemeth he shall be Attacht at the next Sessions for a Contempt Dalt 33. 17. Cap. 117. CCLXXV Crumpt 123. § 11. The Statutes of Purveyors made Purveyors 36 Ed. 3. 2 3 4. shall be proclaimed by the Justices of Peace Annually CCLXXVI Crumpt 113. b. § 13. Victualers The Statutes of Victualers shall be Proclaimed twice Annually in the Sessions of the Justices 22 H. 6. 13. § N. CCLXXVII Crumpt 223. b. § 14. The Statute 33 H. 8. 9. § N. of Archery shall be proclaimed at several Sessions of the Peace Games Forces CCLXXVIII Crumpt 123. b. § 19. It seemeth that when the Justices shall enquire upon 8 H. 6. 9. § N. that they may make a Warrant to the Sheriff to return Pannels to enquire for the King of such things that shall be enjoyned them of the Kings part without saying to enquire of forcible Entries or of any Riot because 2 H. 5. 4. § N. is that they may hold their Sessions four times by the Year and more often if need be Sessions CCLXXIX Crumpt 124 § 21. The Justices of the Peace of the County of Middlesex are not bound to keep their Sessions Four times a year the Court of B. R. sitting in that County but they must keep their Sessions twice ayear at least and oftner if need be to enquire of Riots or forcible Entry made in the same County on pain and forfeiture c. 14 H. 6. 4. § N. Ryot CCLXXX Crumpt 124. § 22. The Justices for enquiry of Riot c. must hold Sessions within a month after the Riot c. Commit by 13 H. 4. 7. § N. on pain of C l. to every of the Justices of the Peace that are next abiding in the County to the place where the Riot is Committed Force CCLXXXI Crumpt 124. § 23. on 8 H. 6. 9. § N. of forcible Entries the Sessions must be held upon Complaint of the Party grieved within convenient time Apprentice CCLXXXII Crumpt 124. § 24. They may hold Sessions Annually between Michaelmas and Christmas and between the Annunciation and St. John Baptist to enquire of the Branches of the Statute of Laborers and of the good Execution thereof and punish the Offendors 5 Eliz. 4. § N. Measures CCLXXXIII Crumpt 124. § 25. The Justices of Peace may enquire hear and determine of falsifiers and Counterfeiters of false Weights as often as they shall think fit 9 H. 5. 8. Fowl CCLXXXIV Crumpt 124. b. Item At the General Sessions they may enquire of those that take Pheasants or Partridges or hunt in others Corn 23 Eliz. 10. § N. 11 H. 7. 17. § N. Leather CCLXXXV Crumpt 124. b. Item They may enquire of those that offend against the Statute of Tanners 5 Eliz. 8. § N. CCLXXXVI Crumpt 125. The Justices at their Sessions or within the limits of their Commission not said General or Special may enquire on 5 Eliz. 5. § N. of Fish on 25 H. 8. 11. § N. of destroying Wild Fowls Eggs in the Nest and on 37 H. 8. 9. § N. 13 Eliz. 8. of Usury of Eschetors that form their Offices or make a Deputy 12 Ed. 4. 9. § N. 3 H. 8. 8. § N. Coron CCLXXXVII Crumpt 125. b. Item Sessions shall enquire of defaults of Coroners 1 H. 8. 7. § N. of keeping above number of Sheep 25 H. 8. 13. § N. of Souldiers imbezelling Arms 2 3 Ed. 6. 2. § N. Rejoynder CCLXXXVIII Dalt 24. Cap. 6. Where a Statute appointeth a thing to be done by two Justices of the Peace or more if the Offence be any misdemeanor or matter against the Peace thereupon complaint made of the Offence to any one Justice of the Peace it seemeth that one Justice may grant out his Warrant to attach the Offendor and to bring him before the same Justice or any other to find Sureties for his Appearance at the next General Sessions there to make answer to such his Offence or else he may bind the Offender to the good Behaviour and so to appear at the next Sessions if the said Justices shall see any just cause so to do but Justices of Peace alone may not in any wise meddle to hear and determine the same Tryals CCLXXXIX Two Justice 568. And likewise Justices of Goal Delivery or Justices of Peace may Try the Prisoner the same day or any day after but need not make any particular precept as Commissioners of Oyer and Terminer must for the Justices of Goal Delivery and Justices of the Peace make a General Precept in Parchment under their Seals for the Summons of their Sessions and for returns of Juries c. and thereâ—fre any particular Precept is not requisite 1 Cr. 315. Fens Ca. Lamb. 543. Process 25. N. 2. CCLXXXXI Dalt Edit 1666. Cap. 46. pag. 125. Justices The Justices opinion touching the Commission by which the Justices sit at Newgate The Justices at Newgate sit by vertue of Two Commissions viz. Goal Delivery and Oyer and Terminer 2. By the Commission of Goal Delivery they may Try all Prisoners in the Goal or by Bail or such as be Indicted and will render themselves generally for all Felonies and also for such other Offences as are particularly assigned to them by Statute 3. The Statute 4 Ed. 3. 2. § 1. N. 7. doth give them power to receive Indictments against Prisoners or such as are upon Bail and to proceed to Try the same viz. Indictments taken before the Justices of the Peace and by Equity thereof all Indictments before Coroners 3 Mar. 1. Commission c. Br. 24. saith the Commission is ad deliberand ' Goal de Prisonariis in eisdem existent ' but they cannot take Indictments as Justices of Goal Delivery but being Justices of Peace they may take Indictments against Prisoners but not against them that be at large for as much as no
the breach of the Peace and so no mischief 21 Ed. 4. 48. Lamb. 113 114. XCI Crumpt 141. b. Day◠The Justice of Peace may take a Recognizance to keep the Peace for a year if he will or a longer time by his discretion viz. forever for reasonable Cause Marrow lect 6. Jones Br. 71. Dalt 171. 172. cap. 69. XCII Crumpt 142. b. It was held 21 Ed. 4. 48. if a Man be bound to the Peace and no day limit how long c. that none can discharge this all his life-time by Release or otherwise XCIII Crumpt 142. b. Nota Constable That the opinion of all the Justices that a Constable may take Security of the Peace but upon no pain and if he will not he hath power to imprison him until he hath found Surety 3 H. 4. 10. See 10 Ed. 4. 18. It 's said he may take an Obligation to keep the Peace XCIV Crumpt 143. b. Joinder If one breaks the Peace the whole Recognizance is forfeit where a Man is bound for him and his Servants to keep the Peace 4 H. 7. 8. XCV Crumpt 143. b. Forfeiture The King and the Counsor are at Issue on the breach of the Peace and the King waves the issue yet the Recognizance is not discharged but a new sc ' fac ' may be Awarded for the breach of the Peace afterwards but not upon that breach for which he was Impeacht before per Cur ' 10 H. 7. 11. 21 Ed. 4. 40. Dalt 177. cap. 71. XCVI Crumpt 144. Ability The Peace must be granted against him that is an impotent person though he be not likely to break the peace because he may procure a stranger to kill the other who demands the Peace for the words of the Recognizance are by B. or his procurement c. XCVII Crumpt 144. b. Bar. Feme The Husband is bound that he and his Wife shall appear at such a Sessions and that they keep the Peace in the mean time at the day the Husband appears but not the Wife the Recognizance is not forfeited because if there be any Cause further to find Surety the Husband shall be bound and not the Wife and therefore the appearance of the Wife is not material as it seemeth Crumpt 133. b. Dalt 163. cap. 68. 175. cap. 71. XCVIII Crumpt 144. b. Supersedeas A man hath a Supplicavit of the Peace out of the Chancery to bind A. B. to the Peace and to certifie the Recognizance into Chancery without delay now if A. B. be taken he shall be bound to the Peace for ever for it is not contained that he shall bind him to the Peace until any certain time but generally therefore to prevent this A. B. before he is Attacht must bind himself in the Chancery until a certain day and have a Supersedeas into the Country to the Justices and Sheriff to cease to compel A. B. to find Surety on the said Writ of Supplicavit Lamb. 112 113. XCIX Crumpt 145. § 5. One Justice of Peace cannot by Supersedeas discharge a Precept of another Justice awarded to find Surety of the Peace before that he is bound in fact which see Crumpt 138. b. § 9 10. Lamb. 96. suprà 40. C. Crumpt 145. § 6. A Justice of Peace cannot Award a Supersedeas to appear at any other Sessions then is appointed by the other Justice who hath bound him to the Peace before to appear at a certain Sessions CI. Dalt 160. cap. 67. Note also Affray The Surety for the Peace shall not be granted but where there is a fear of some present or future Danger and not meerly for a Battery or Trespass that is past or for any breach of the Peace that is past for this Surety of the Peace is only for the Security of such as are in fear CII Dalt 161. cap 67. Justices If the Justice of Peace shall perceive that this Surety for the Peace is demanded meerly of malice or for vexation only without any just cause of fear it seemeth he may safely deny it as in common experience we find it that where A. shall upon just Cause come and crave the Peace against B. and hath it granted B. will likewise crave the Peace against A. and will perhaps surmise some Cause but yet will be content to surcease so A. will relinquish against him here the Justice shall do well as I think not to be too forward in granting the Peace to B. yet if B. will not be perswaded but will take his Oath that he is in fear where indeed he neither doth fear nor hath any cause this Oath shall discharge the Justice and the fault shall remain upon such Complainant Behaviour CIII Dalt 161. cap. 67. And when the Justice hath so granted the Peace to one that in the Justices judgment shall crave or require it only out of malice or for vexation the Justice may presently in good discretion bind him to the good behaviour that so required the Peace Release CIV Dalt 176. cap. 71. But yet it is now holden That neither the Justice of Peace nor the Party can discharge the Recognizance of the Peace by their Release out of the Sessions c. and therefore notwithstanding that the Justice of Peace out of Sessions shall make or take any Release of the Peace yet it shall be safe for the Party bound to appear for the safe-guard of his Recognizance c. Lamb. 110 111. Supplicavit CV Dalt 185. cap. 73. And for this manner of Oppression viz. by obtaining Supplicavits c. grew over Common therefore by 21 Jac. 8. § N. It is now Enacted that all Process of the Peace or good Behaviour to be Granted out of the Chancery or B. R. against any Person whatsoever at the Suit of any other shall be void unless such Process shall be granted upon motion first made before the Judges of the same Court sitting in open Court and upon Declaration in writing upon Oath of the Causes for which such Process shall be granted and unless that such Motion and Declaration be mentioned to be made upon the back of the Writ the same writings to be there Entred of Record and if after it shall appear to the said Courts that the said Causes expressed in such writing be untrue then the Court may award Costs and Damages to the Party grieved and may also Commit to Prison the Offenders until they pay the said Costs and Damages CVI. West Symb. 2. part 129. b. sect 203. An Indictment of a Common Barretor Norff. ss INquiratur pro domino rege c. si J. S. Nuper de C. in Com' N. Laborer est homo maloe Conversationis Gubernationis ac communis Barrator pacis Domini regis Perturbator Et quod idem J. S. apud C. predict ' in Com' N. predict ' custodit tenet occupat quandam Domum sive Tabernam non habent ' usuale signum aptè
at the least with sufficient sureties to the good behaviour for that his so long obstinacy besides the other Penalties 23 Eliz. 1. § 5. N. 2. Crompt 13 b. 144. Justices C. Lambert 197. Any Justice of Peace within the County in which any Jesuit Seminary Priest or other Priest Deacon or Religious or Ecclesiastical Person mentioned in this Statute shall arive or land may within three days after take the Submission Oath and Acknowledgment of him touching his Obedience to the Kings Majesty and to his Laws and Ordinances provided in Cases of Religion 27 Eliz. 2. § 10. N. 1. supra Dalt 104. cap. 45. Notice CI. Lambert 197. 198. And every Subject having understanding that any such Jesuit Seminary Priest or other the abovesaid shall be within any the Kings Dominions contrary to the meaning of this Statute ought to discover the same to some Justice of Peace or other higher Officer within twelve days after such his knowledge under the pain of a Fine and Imprisonment and that Justice of Peace ought within 28 days after such discovery made unto him to give Information thereof to one of the Kings Privy Council under the pain of CC Marks 27 Eliz. 2. § 13. N. 1. Crompt 45. Dalt 104 105. cap. 45. Forfeiture CII Lambert 198. The Party that doth first discover to any Justice of Peace any Recusant or other entertaining or relieving any Jesuit Seminary or Popish Priest or any Mass to have been said and any of them that were present thereat within three days after the Offence and by reason of his discovery any the Offenders be taken and Convicted shall be freed from danger of the Offence if he be an Offender therein and have the third part of the Forfeiture by such Offence 3 Iac. 5. § 1. N. 3. Dalt 105. cap. 45. Oath CIII Lambert 333 334. Any two Justices of Peace may require any Popish Recusant not making Submission according to this Statute to abjure the Realm upon his Corporal Oath before them 35 Eliz. 1. § 2. N. 1. Dalt 104. cap. 45. infra Justices CIV Lambert 334. Any two Justices of Peace of the County where he shall arive may take the Submission of a Person reconciled to the See of Rome within six days after such persons return into this Realm and minister the Oath 1 Eliz. 1. § 19. N. 4. of Supremacy and of Allegiance and are to certifie the same Oaths so taken at the next Quarter-Sessions upon pain of Forfeiture of Forty pounds 3 Iac. 4. § 24. N. 1. Process CV Lambert 334. Any two Justices of Peace may search the Houses and Lodgings of every Popish Recusant Convict or of every person whose Wife is a Popish Recusant Convict for Popish Books and Relicks of Popery And if any Altar Pix Beads or Pictures or such like Popish Relicks or Books be found as in the opinion of the said Justices shall be thought unmeet for such Recusant to have and use the same they shall be presently defaced and burnt being meet to be burnt And if a Crucifix or other Relick of any Price the same is to be defaced at the General Sessions of the Peace and restored to the owner 3 Iac. 5. § 26. N. 1. Lambert 607. Dalt 108. cap. 45. CVI. Lambert 118. Moreover Bail it seemeth to me that all these Statutes viz. 23 Eliz. 1. § 5. N. 2. c. have this one meaning that a Party so bound may afterward forfeit his Recognisance if he eftsoons offend against the said Statutes CVII Lambert 224. Justices The Treason 1 Eliz. 1. § N. of extolling And 23 Eliz. 1. § 2. absolving or withdrawing Subjects from Obedience and 13 Eliz. 2. § 2. N. 1. of putting in ure Instrument of Reconciliation to Rome are publick Felonies that concern the King and Justices of Peace can only enquire and receive Indictments Lambert 506. Infra Crompt 192. CVIII Lambert 495 496. Ecclesiastical Causes enquirable in Sessions Rome 1. If any Person have within this half year by writing printing teaching preaching express deed or act advisedly maliciously and directly affirmed held set forth or defended the Authority Preheminence Power or Jurisdiction Spiritual or Ecclesiastical of any foreign Prince or Person whatsoever heretofore claimed used or usurped in this Realm or any the Kings Dominions Crompt 124 192. 2. Or have advisedly maliciously or directly put in use or executed any thing in the extolling setting forth or defence of any such pretended or usurped Jurisdiction Preheminence or Authority or any part thereof Crompt 15. 3. Or if any Person compellable to take the Oath of Recognition of the Kings Majesty to be Supream Governour in all Causes within his Dominions have refused to take the said Oath Oath after lawful tender thereof to him made 1 Eliz. 1. § N 5 Eliz. 1. § N. enquirable by words of 23 Eliz. 1. § 8. N. 1. 4. Lambert 496 497. Treason If any Person under the Kings Obedience have at any time within this year by writing cyphering printing preaching or act advisedly holden or stood with to extoll or defend the Power of the Bishop of Rome or of his See heretofore claimed or usurped within this Realm Crompt 15. 5. Or by any Speech open Deed or Act advisedly attributed such manner of Authority to the said See of Rome or to the Bishop thereof within any the Kings Dominions ye shall present him his Abetters Procurors Counsellors Aiders and Comforters 5 Eliz. 1. § 2. N. 2. Crompt 15 b. 6. If any Person have by any means practised to absolve perswade or withdraw any other within the Kings Dominions from their natural Obedience or for that Intent from the Religion now established here to the Romish Religion or to move them to promise obedience to the See of Rome or other Estate Crompt 17 b. 18. 7. Or if any Person have been willingly so absolved or withdrawn or have promised such obedience 23 Eliz. 1. § 2. N. 5. Crompt 14 b. 18 a. 8. And if any Person have willingly aided or maintained any such Offender or knowing such offence have concealed it and not within 20 days disclosed it to some Justice of Peace or other higher Officer 23 Eliz. 1. § 3 N. 1. Crompt 14 b. 18. 9. If any Subject of this Realm have after the Tenth day of June 1606. gone out of this Realm to serve any foreign Prince State or Potentate Or have after the Tenth day passed over the Seas and there hath voluntarily served any such foreign Prince c. not having taken the Oath expressed 3 Iac. 4. § N. before the Customer and Comptroller of that Port Haven or Creek where he had Passage 10. If any Gentleman or Person of higher Degree or any Person which hath born any Office Place or Charge in any Camp Army or Company of Souldiers or Conductor of Souldiers have gone voluntarily out of the Realm to serve any foreign Prince State or Potentate before he became
Sectary ought to be made in the open Quarter-Sessions of the Peace and there to be entred of Record 35 Eliz. 1. § 2. N. 1. and the place certain and Name of a Popish Recusant limited by this Statute unto a place certain ought to be certified by the Minister and Constable that took and entred it to the next Quarter-Sessions of the Peace and there be entred of Record in the Roles of the Sessions by the Clerk of the Peace 35 Eliz. 2. § 7. N. 1. 2. The penalties forfeited by a conformed Recusant for not receiving the Sacrament according to this Statute may be recovered before the Justices of Peace at their Quarter-Sessions 3 Iac. 4. § 3. N. 5. 3. The Monthly absence from Church of Popish Recusants and their Childrens Names of Nine years of Age and upwards abiding with them and their Servants Names ought by the Churchwardens and Constables to be yearly presented at the Quarter-Sessions and by the Clerk of the Peace or Town-Clerk Recorded in the said Sessions 3 Iac. 4. § 4. N. 1. 4. Justices of Peace at any their Quarter-Sessions have Power to enquire hear and determine of all Recusants and offences as well for not receiving the Sacrament according to this Law 11 Co. 61 a. 63 b. as for not repairing to Church according to former Laws in such manner as Justices of Assize and Goal delivery may do 3 Jac. 4. § 7. N. 1. 5. And at the Sessions in which any Indictment for not repairing to Church or receiving the Sacrament shall be taken to make Proclamation for the rendring of the Offenders body to the Sheriff c. before the next Quarter-Sessions at which if the Offender shall not make appearance of Record the same shall be a sufficient conviction of the offences whereof he was Indicted 3 Jac. 4. § 7. N. 2. Oath 6. The Oath of allegiance appointed by this Statute may be required in the Quarter Sessions of such Person as was formerly convicted for refusing the same 3 Jac. 4. § 14. N. 2. and such Person or any other whatsoever refusing the said Oath being tendered in the said Sessions shall incur the Danger of Praemunire 3 Jac. 4. § 14. N. 3. Except Women covert who shall only be committed by the Justices of Peace in their Quarter Sessions to the Common Goal without Bail or mainprise till they will take the said Oath 3 Jac. 4. § 14. N. 4. 7. By Warrant of five Justices of Peace at their General or Quarter Sessions Recusants Armor Gunpowder and Munition shall be taken form them other then necessary Weapons to be allowed them by the said Justices for their defence and shall be maintained at the costs of such Recusants in such places as the said Justices at their said Sessions shall appoint 3 Jac. 5. § 27. N. 1. 8. And if they shall refuse to declare what Armor they have or disturb the delivery thereof the Person offending shall forfeit the same Armor c. and be Imprisoned three Months without Bail or Mainprise 3 Jac. 5. § 28. N. 1. Justices CXIV Crompt 12 b. By 23 Eliz. 1. § 8. N. 1. Justices of Peace may enquire within the year and day of these Articles viz. 1 Eliz 2. c. but they cannot hear and determine them but the Justices of Oyer and Terminer or of Assize may by 23. Eliz. 1. § 9. N. 1. hear and determine but vide 23 Eliz. 1. § 9. N. 2. If Justices of Peace cannot award Process upon the Indictment untill he appears and pleads to the Indictment and then for Tryal send the Record in B.R. to the intent it shall be tried by Nisi prius or if he ought to send the Indictment in B. R. Immediately without awarding Process because they have no Authority by 23 Eliz. 1. § 9. N. 1. but only to enquire c. CXV Crompt 12 b. Amerciament It seemeth that that party being hereof Indicted viz. on Articles of 1 Eliz. 2. c. shall be fined by the Discretion of the Court though no Fine is given in this Case by the said Statute in as much as the Statute saith viz. 1 Eliz. 2. § 3. N. 1. that they shall be bounden to say and use the Common Prayers c. ut supra Quaere the intent of the Statute in this point Fines pro c. Br. 21. Golsb 162 pl. 95. CXVI Crompt 12. b. § 5. Every Priest though he be no Vicar Parson Encumbent or stipendary Chaplain nor obliged nor bound by his Cure to serve c. is within the purview of the Statute by reason of the first Clause viz. 1 Eliz. 2. § 3. N. 1. That all and singular Ministers in any Cathedral or Parish Church or other place c. which may be intended a Minister local and inducted and at length by the Opinion of all the Justices but one it was held that he should be within the Statute And this by reason of this Clause 1 Eliz. 2. § 4. N. 1. And that if any manner of Parson Vicar or other whatsoever Minister c. whereby the meaning of the Parliament appears that the superstitious Service in the Church should be abolisht and the true Service planted in lieu thereof c. Dyer 203. CXVII Crompt 13. a. Forfeiture Item you shall enquire if any one hath sung or said Mass being thereof convict he shall ferfeit CC Marks and shall be imprisoned a year and thence untill he hath paid the said Sum 23 Eliz. 1. § 4. N. 1. 1. And if any voluntarily hath heard Mass he shall forfeit C. Marks and shall be Imprisoned for a year 23 Eliz. 1. § 4. N. 2. Church 2. Also of such who having no reasonable excuse do not resort to their Parish Churches or Chapel every Sunday and Holy day or having any lawful excuse to any other usual place where Common Prayer is used and there abide discreetly during the time of the Service Preaching and other Service c. he shall lose for every such offence 12. d. to the use of the Poor of the same Parish to be levied by distress by the Church-wardens to the use of the Poor and shall be further punisht by the censures of the Church 1 Eliz. 2. § 14. N. 1. and 23. Eliz. 1. § 5. N. 1. Dalt 105. cap. 40. 3. Also of such being above the Age of sixteen years who do not resort to some Church Chappel or usual place of Common Prayer but forbears it against the form of the Statute 1 Eliz. 2. § 14. N. 1. shall forfeit for every Month that he is absent xx l. and if he forbears so to do by the space of Twelve Months he shall be bound with two Sureties in 200 l. to his good behaviour in B.R. on Certificate to be made there in writing by the Ordinary or by one Justice of Peace of the same County where the Offender abides or shall be and so shall continue bound untill he will conform himself and come to
there is such a President in the old Book of Justices of Peace Impress 1561 fol. 41. yea it is the common Practice at this day and it seemeth to be very serviceable and of two Evils the less is to be chosen scil that an Offender or suspected Person should be Imprisoned for a time though sometimes wrongfully than that one which hath committed a Felony should escape unpunished 5. Next Indictment For the Justices of Peace to bind one or to grant a Warrant against Offenders upon any penal Statute to appear at the Sessions to answer to their Offences or fault though such Statute be within the Power of the Justices of Peace yet such Warrant or binding over of such Offenders may seem not Warranted unless it be specially so appointed in the Statutes But such Offenders ought first to be Indicted and thereupon Process from the Sessions is to be Awarded against them untill they come in c. 6. And yet there be sundry Precedents of Attachments made from one Justice of Peace against Labourers c. but these may seem also to have been Warranted c. by 25 Ed. 3. 6. § 1. N. 1. which Statute is now repealed by 5 Eliz. 4. § 2. N. 1. Lambert 187. supra 7. Also it is usual by way of prevention to bind by Recognizance such as do Tramel for Larks that they shall destroy no Partridges As also to bind by Recognizance Butchers and all Victuallers that they shall not kill nor dress any Flesh in Lent time contrary to the Laws and for these purposes the Justices of Peace do grant out their Warrants to convent the said Persons before them for Victuallers viz. Taverners Inholders Alehouse-keepers Keepers of Ordinary Tables and other Victuallers I have known sundry Proclamations which seem to Warrant the Justices of Peace therein but for the other what Law or Warrant there be for it I know not untill the Offender be Convicted XXXIX Dalt 332. cap. 117. Officer The Officer to whom any Warrant shall be directed and delivered ought with all speed and secrecy to seek and find out the party and then to execute his said Warrant 2. And an Officer giveth sufficient notice what he is when he saith to the Party I Arrest you in the Kings Name c. and in such Case the Party at his Peril ought to obey him though he knoweth him not to be an Officer And if he have no lawful Warrant the Party grieved may have his Action of false Imprisonment against him XL. Dalt 333. cap. 117. Notice Where there be two or three known by the Name of J. S. of D. Yeoman and upon a Warrant or other Process granted out against one of them another of them is Arrested an Action of false Imprisonment will not lye against the Officer for this for the Officer is not bound at his Peril to take notice which of them is the Offender c. and perhaps no particular Offence is mentioned in the Warrant Yet see L. 5 Ed. 4. 51 84. pro contra 11 H. 4. 90. Crompt 174. supra ideo Quaere 2. Where a Warrant is granted out against J. N. the Son of W. N. and the Officer thereupon Arresteth J. N. the Son of T. N. although in truth he be the same Person that Offended and against whom the Complaint was made yet this Arrest is tortious and the Officer Subject to an Action 10 Ed. 4. 12. Faux Imprisonment Br. 38. 3. The Officer upon any Warrant from a Justice of Peace for the Peace or good-Good-behaviour or in any other Case where the King is a Party may by force break open a Mans house to Arrest the Offender c. XLI Dalt 334. cap. 117. Examination If a Justice of Peace shall grant his Warrant to one to apprehend another for Murder Robbery or Felony it shall be safe for the Justices upon delivery of the said Warrant to take upon Oath the Examination of the said Party that requireth the Warrant or at least to bind him over by Recognizance to give Evidence at the next Goal-delivery c. against the Offender lest that afterwards when the Offender shall be brought by the Officer before the Justice upon his said Warrant or else happen to yield himself to the said Justice then the Party that procured the Warrant be gone Lambert 210 211. Proof 1. 2. For by credible report I am informed that one having procured a Warrant from a Justce of Peace in Suffolk against another for Robbery done upon the Highway and the Justice upon the delivery of his Warrant not having bound over the Complainant to give Evidence nor taken his Examination c. that at the next Assizes and Goal-delivery the Party charged with the Robbery came and offered himself to the said Justice of Peace who immediately acquainted Sir Thomas Fleming then Lord Chief Justice and Judge of Assize there with the whole matter but the said Judge much blamed the said Justice of Peace for not having bound over the said Complainant at the first when be granted him the Warrant and charged the said Justice of Peace at his Peril presently to send for the Party Complainant to come to give Evidence c. and further directed the said Justice of Peace presently to bind over the Party charged with good Sureties for his Attendance and Appearance Dalt 352. cap. 121. Arrest XLII Dalt 335. cap. 118. If the Constable or other Officer upon a Warrant received from a Justice of Peace shall come unto the Party and require or charge or command him to go or come before the Justice c. this is no Arrest or Imprisonment and upon a Warrant for the Peace the Officer ought first to require the party to go before the Justice before he may Arrest him Lambert 93. supra Dignity 2. But the Justices of Peace are not to grant their Warrants for the Peace or the like against any Noble-man And yet if a Capias or Attachment shall be Awarded against a Baron or Peer of the Realm from the Kings Justices at Westminster for a Contempt Or in Case of Debt or Trespass the Officer without any offence of Law may execute the same for that the Officer is not to dispute the Authority of the Court. 3. Ecclesiastical Persons also may be Arrested and that by a Warrant from the Justices of Peace in some Cases Venire Fac. XLIII Dalt 405. cap. 132. The Venire Facias is thus Carolus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensoris c. Vicecom ' Com. Cantabr ' salutem Precipimus tibi quod non omittas propter aliquam libertatem in Balliva tua quin Venire Facias A. B. de C. in dicto Com. tuo Yeoman Coram R. M. Milite M. D. Armiger ' duobus Justiciar ' nostris ad Pacem conservand ' nec non ad diversas Felonias Transgr alia Malefacta in dicto Com. perpetrata audiend '
certain day and then to appear there before which day a Supersedeas out of the Kâ—ngs Bench came to the Justices of C. B. and it was allowed and this Writ made mention of the Peace found in B. R. which see Libr. Intr. 416. and Trin. 2 H. 8. Rot. 118. 22. H. 6. 66. 4. One Justice of Peace cannot by Supersedeas discharge a Precept of another Justice Awarded to find Surety to the Peace before he is bound in Fact XI Crompt 145 b. 146. When a Man is taken at the Kings Suit a Supersedeas lyeth not by Babbington and the whole Court 9 H. 6. 44. and by him if he be taken for a Fine Recorded upon an Indictment of Trespass he shall not have a Supersedeas XII Dalt 168. cap. 69. Also a Justice of Peace of the County by a Supersedeas cannot Discharge a Warrant Awarded by his fellow Justice by force of a Supplicavit to him directed out of the Chancery or Kings Bench to take Surety of the Peace of one resident in that County XIII Dalt 170. cap. 69. All Writs of Supersedeas to be granted by or out of either of the said Courts of Chancery or B. R. shall be void unless such Process be granted upon motion in open Court and upon such sufficient Sureties as shall appear unto the Court upon Oath to be assessed at 5 l. Lands or 10 l. in Goods in the Subsidy Book at the least c. and unless it shall also appear first unto the said Court that the Process of Peace or good-Good-behaviour is prosecuted against him or them desiring such Supersedeas bona fide by some Party grieved in that Court out of which such Supersedeas is desired to be so Awarded and directed XIV Dalt 365 366 367 368. cap. 122. Another Supersedeas of the Peace O. G. Sacrae Theol ' Doctor c. unus Justiciar ' Domini Regis c. ommibus Ballivis Ministris Domini Regis infra Com. predict eorum ' cuilibet salutem Quia A. B. C. D. coram me personaliter constitut ' Manuceperunt pro J. S. sub paena 40 l. quas concesserunt uterque eorum pro se pro toto in solido concessit ad opus dicti Domini Regis levari si damnum vel malum aliquid W. T. eveniat de corpore suo c. per dictum J. S. vel per procuratorem suum quovismodo vobis cuilibet vestrum ex parte Domini Regis mando quod captione Corporis ejusdem J. S. quocunque modo censeatur pretextu alicujus sive Warranti vobis seu alicui vestrum in hac parte direct ' seu dirigend ' supersedeatis sine dilatione deliberari facias Datum c. Another of good-abearing H. B. unus Justiciar ' Domini Regis c. Vicecom ' c. salutem Quia J. S. sufficient ' securitat ' de Pace de bono Gestu suo erga Dominum Regem precipuè erga W. T. coram me invenit ideo ex parte dicti Domini Regis vobis cuilibet vestrum mando precipio firmiter injungens quod de ipso J. S. pro hujusmodi securitate Pacis inveniend ' capiend sive Arrestand omnino Supersedeatis si ipsum J.S. ea occasione ceperitis sive Imprisonaveritis tunc eum deliberari facias si ipsum ea occasione non alia detineatur Teste c. 3 If the Prisoner be in the Goal see another form Dalt 389. 390. cap. 127. and Dalt 368. cap. 122. F. B. Armiger unus Justiciar ' c. Vicecom ' seu Custod ' Goalae c. Quia J. S. in Prisona Domini Regis in Custodia tua existent ' ad sectam cujusdam A. L. de se bene Gerend ' vel pro pace Gerend ' erga Dominum Regem cunctum Populum suum precipue erga predict ' A. S. invenit coram me sufficient ' securitaâ— ' vel quatuor Manucaptores scil ' A. B. C. D. E. F. G. H. c. qui manuceperunt pro predict ' J S. quod ipse J. S. non inferret nec Inferri procurabit per se nec per alios eidem A. S. seu alicui de Populo dicti Domini Regis aliquid ' Damnum seu Gravamen de corpore suo per Minas insidias Insultum seu aliquo alio modo quod in lesionem seu perturbationem pacis Domini Regis sedere valeat Quovismodo viz. quilibet eorum manucaptorum sub plena 20 l. ideo ex parte dicti Domini Regis tibi mando quod predict ' J. S. in Prisona Domini Regis in Custodia tua ea occasione non alia existent ' indilatè deliberari facias Dalt c. 4. Note that upon good Sureties taken for the good-Good-behaviour a Supersedeas of the Goodbehaviour may be granted as for the Peace mutatis mutandis supra 5. Note also that a Supersedeas de capias Indictatum de transgressione and so of an Exigent may be granted by the Justices of Peace out of Sessions for otherwise it were mischievous for the Party as well by reason of his Imprisonment as also for that he may be outlawed before the Sessions if the Justice of Peace might not take Sureties of him for his Appearance and all is but to appear to Answer to the Indictment 6. Crompt 138. pl. 9. is of Opinion That these Supersedeas may be granted by any one Justice of Peace with whom agreeth Lib. Int. 546. supra But Lambert 519. supra thinketh it not in the Lawful Power of any one Justice of Peace to grant such Supersedeas at this day but that it must be done by two Justices at the least and the one being of the Quorum Nevertheless for that I find the old Precedents to run in the name of one Justice of the Peace alone I have drawn these accordingly perswading notwithstanding the joyning of two Justices herein and the one of the Quorum if they may Conveniently 7. A Supersedeas de Capias Indictatum de Transgressione Crompt 233 b. pl. 8. Lamb. Precedents 24. pl. 67. Cantabr ss A. E. Sacrae Theol ' D. unus Justiciar ' Domini Regis nunc ad Pacem in Com. predict ' conservand ' necnon ad divers ' Felonias Transgr ' c. in eodem Comitat ' Audiend ' terminand ' assignat ' Vicecom ' Comitat ' predict ' Salutem Quia C. D. de A in Com. tuo Yeoman venit coram me invenit sufficientes manucapt ' essendi coram Justiciar ' dicti Domini Regis ad Pacem in Com. predict ' conservand ' necnon ad divers felon ' c. in dict' Comitat ' Audiend ' Terminand ' assignat ' ad generalem Sessionem Pacis apud C. in Com. predict ' proxim ' die tenend ' ad respondend ' dicto Domino Regi de quibusd ' transgr ' contempt ' offensis unde indictat ' existit ideo ex parte dicti Domini Regis tibi precipimus quod de capiend '
South for the time being 3 H. 5. St. 2. C. 7. § 1. N. 3. And that the Iustices of Peace through the Realm Mony shall have power by the Kings Commissions to enquire of all such matters viz. as well of Counterfeiting and of bringing of false mony into the Realm as of clipping washing and every other Falsity of the said mony and thereupon make Process by Capias only against these which before them shall be thereof Indicted 8 H. 5. C. 3. § 1 N. 4 And the Iustices of Peace shall have power to enquire thereof Mettle viz. of Guilding or Silvering of Mettles c. and that to determin Statuta Hen. 6. 2 H. 6. Cap. 8. § 2. N. 2. AND that the Iustices of Peace within the Counties Ireland and the Mayors and Bailiffs within Cities and Burroughs Enfranchised have power to take before them viz. of Irish men that enter this Realm such manner of Surety of good abearing and to do Execution upon them which shall abide or do against the said Ordinances from henceforth C. 11. § 1. N. 5. And the Iustices of Peace in all Counties of England and Mayors and Bailiffs having power to enquire of the Peace shall enquire Measures hear and determin all the same defaults viz. in the Contents of Vessels of Wine Eels Herring Salmon c. C. 14. § 1. N. 8. And the Iustices of Peace Mayors and Bailiffs Mettle and all others having power as Iustices of Peace shall hear enquire and determin Viz. of Gold-smiths and others not working Silver by the touch or Sterling allay by Bill Plaint or in other manner all that do contrary to the said Ordinances and thereof make due Execution by their discretions 6 H. 6. Cap. 3. The Iustices of Peace and cheif Officers in Cities Apprentice c. shall make Proclamation what every Artificer and Workman shall take for Wages and the Penalty of a Servant Artificer or Labourer that taketh more 8 H. 6. Cap. 5. § 2. N. 7. And that the Iustices of Peace Mayors Measures Bailiffs and Stewards of Franchises have power by Authority aforesaid to Examin the Trespassers in this Case viz. of false Weights and to enquire in special of Offenders against this Ordinance and to do Execution of them that be found faulty by Enquests or by Examination to be made by the said Iudges or Officers in this case in the manner as afore is said Force Item Whereas by the noble King Richard late King of England Cap. 9. after the Conquest the second at his Parliament holden at Westminster the Morrow after All Souls the fifteenth year of his Reign viz. 15 R. 2. Cap. 2. amongst other things it was Ordained and Established that the Statutes and Ordinances made and not repealed of them that make Entries with strong hand into Lands or Tenements or other Possessions whatsoever and them hold with Force and of them that make Insurrections Riots Routs Ridings and Assemblies in disturbance of the Peace or of the Common Law or in affray of the People should be holden and fully Executed Justices And moreover it is ordained by the same Statute Viz. 15 R. 2. § 1. N. 2. Cap. 2. § 1. N. 2. that at all times that such forcible Entries be made and complaint thereof come to the Iustices of Peace or any of them that the same Iustices or Iustice shall take the power of the County and shall go or one of them shall go to the place where such force is made Force And viz. 15 R. 2. Cap. 2. § 1. N. 3. if they find § 1. N. 3. or he findeth any holding of such place forcibly after such Entry made they should be taken and put in the next Goal there to remain convicted by the Record of the same Iustices or Iustice until they have made Fine and Ransom to the King Process And viz. 15 R. 2. Cap. 2. § 1. N. 4. § 1. N. 4. that all the people of the County as well Sheriffs as others shall be attending to the said Iustices and assist them to arrest such Malefactors upon pain of Imprisonment and to make Fine and Ransom to the King Church And viz. 15 R. 2. Cap. 2. § 1. N. 5. § 1. N. 5. that in the same manner be done of them that make forcible Entries into Benifices or Offices of holy Church as in the same Statute is contained more at Large Collusion And for that the said Statute viz. 15 R. 2. Cap. 2. § 2. N. 1. doth not extend to Entries in Tenements in peaceable manner and after holden with force nor if the persons which enter with force into Lands or Tenements be removed or voided before the coming of the said Iustices or Iustice as before nor any Pain ordained if the Sheriff do not obey the Commands and Precepts of the said Iustices for to execute the said Ordinances many wrongful and forcible Entries be daily made in Lands and Tenements by such as have no Right and also divers Gifts Feoffments and Discontinuances sometimes made to Lords and other puissant Persons and Extortioners within the said Counties where they be conversant to have Maintenance and sometimes to such persons as be unknown to them so put out to the intent to delay and defraud such rightful Possessions of their right and recovery for ever to the final Disherison of divers of the Kings faithful Leige-people and likely daily to encrease if due remedy be not provided in this behalf Assurances Our Lord the King considering the Premises § 2. N. 2. hath ordained that the said Statute viz. 15 R. 2. Cap. 2. and all other Statutes of such Entries of Alienations made in times past shall be holden and duly Executed Force Ioyned to the same viz. to 15. R. 2. Cap. 2. that from henceforth where any doth make any forcible Entry in Lands and Tenements § 2. N. 3. or other Possessions or them hold forcibly after Complaint thereof made within the same County where such Entry is made to the Iustices of Peace or to one of them by the party grieved that the Iustices or Iustice so warned within a convenient time shall cause or one of them shall cause the said Statute viz. 15. R. 2. Cap. 2. duly to be Executed and that at the costs of the Party so grieved Enquest And moreover §. 3. N. 1. though that such persons making suh Entries be present or else departed before the coming of the said Iustices or Iustice in some good Town next to the Tenements so entred or in some other convenient place according to their discretion shall have or either of them shall have Authority and power to enquire by the people of the same County as well of them that make such forcible entries into Lands and Tenements as of them which the same hold with force § 3. N. 2. And if
of them which manner is avowable also though not so assured as the former Lamb. 350. supra Dalt cap. 123. pag. 377. § 5. X. Dalt cap. 123. pag. 375. For the manner of this condition supra § 8. It is by the Statute 5. and 6. Ed. 6. 25. § 1. N. 4. partly referred to the discretion of such Justices of Peace as take such Reocgnizance or Bonds Recogn c. but Note that now there be divers Articles of far better direction published touching Ale-houses by Proclamation at New-Market the 19. of January 16 Jac Anno 1618. XI Dalt 123. pag. 375 First that the Justice of Peace of every County Justice City or Town Corporate within this Kingdom and Dominion of Wales do once every year in the Months of April and May Assemble themselves either at a special Sessions or such other Meeting as they shall appoint for that purpose respecting the ease and convenience of the people of the Countrey and there call before them or any of them whereof one to be of the Quorum all such persons as do sell Ale or Beer by retail in any place as well within Liberties as without within such County City or Town Corporate and then and there taking some Certificate and Information from men of trust who be persons of honest conversation and who not and to give Licence to such persons as they in their discretion shall think meet to keep common Ale-houses or Victualing-houses within the places where such persons dwell XII Dalt 375. ibid 2. That in Licencing of the said Victuallers and Ale-house-keepers Licence the form of the Recognizance and Condition § 8. fupra be used and none other XIII Dalt 376. ibid. 3. that every Ale-house-keeper and Victualer Bail so to be Licensed do inter into Recognizance with two able Sureties to be bound in 5. l. a piece and the Principal 10. l. at the least for the performance of the condition of the said Recognizance which shall endure but for one whole year and then to determine unless it shall seem fit to the Justices of Peace to renew the same again by taking a new Recognizance of the same condition whatsoever date the Recognizance shall have it is to endure but until the said Months of April and May or one of them XIV Dalt 377. ibid. 4. That the Clarks of the Peace Town-clarks Peace or their Deputies respectively be called to attend the Justices of Peace at their meetings or Assemblies and that they do there take the Recognizance aforesaid of every Victualler or Ale-house-keeper Licensed and do duly enter them amongst the Records of the Sessions of the Peace in their charge whereby his Majestie may be duly answered of the Forfeitures that shall be made of the Parties so bound XV. Dalt 377. ibid. 5. That the Clarks of the Peace Officer and Town-Clarks aforesaid or their Deputies shall within some convenient time after the taking of the said Recognizance fairly ingross the said Recognizance and Condition in Parchment which they shall keep as the Original and send a true copy of the said Recognizance examined with the said Original to every Ale-house-keeper allowed whereby he may the better inform himself what he and his Sureties are bound to observe Lamb. 351. supra XVI Dalt 377. ibid. 6. that the Clark of the Peace and Town Clarks or their Deputies do write out and bring with them to every Sessions of the Peace or other meeting of the Justices a Register-book containing the true names surnames and places where every Ale-house-keeper or Victualler that is Licensed doth dwell and to the end it may appear to the Justices of Peace who be Licensed and by whom and who be not and what other alterations have been from time to time for the placing of men of honest and good conversation and displacing of others of ill behaviour Fees XVII Dalt 377. ibid. 7. That the Clarks of the Peace and Town-Clarks and their Deputies may take of every Ale-house-keeper for their Fee for performing the service aforesaid at the time of the acknowledgment of the said Recognizance the Fee of 18 pence and no more over and above the Fee of 12 pence allowed for the Justices Clarks by the Statute 5 and 6 Ed. 6. 25. § 1. N. 5. which shall be paid to the said Justices Clarks Lamb. 365. 431. Appearance XVIII Dalt 377. ibid. 8 that in case the Ale-house-keeper not knowing of the Justices meeting or being hindred by sickness or other such like impediment shall fail of admittance at the General or Publick Assemblies and shall notwithstanding be admitted or Licensed by two Justices of the Peace whereof one to be of the Quorum the Recognizance with Condition fairly ingrossed in Parchment in the Form prescribed as aforesaid shall forthwith or at the next Sessions at the farthest be returned to the Clark of the Peace or the Town-Clarks respectively under the Hands of the Justices under whom § 29 such Recognizances were taken together also with the said fee of eighteen pence for the entry registring making and delivering of a copy under his hand to the Ale-house-keeper as aforesaid Licene XIX Dalt 378. ibid. 9. That none be licensed or allowed to keep an Alehouse that hath not one convenient Lodging at least in his or their Houses for the lodging of any Passenger or Traveller and to have always in her or their Houses good and wholsom small Beer or Ale of two quarts for a peny for the relief of the Labourer Traveller or others that call for the same Dalt 28. cap. 7. Justices XX. Dalt 378. ibid. 10. That the Justices of Peace within their several Precincts do not permit or suffer any unlicensed Alehouse-keeper or Victualler to sell Beer or Ale but that they proceed against them by all due and lawful means whatsoever and that they be very careful from time to time to cause the Brewers to be proceeded against in their General Quarter-Sessions for delivering Beer or Ale to such unlicensed person according to the Statute Recognizance XXI Dalt 378. ibid. 11. That the Clerks of the Peace or Town-Clerks respectively do once every year in Trinity-Term make and bring in a brief of all such Recognizances as shall be taken within every County City or Town-Corporate into the Office of the Patentees appointed by them to that purpose to the end all the concealments of Recognizances in that behalf may be discovered and the benefit accruing to His Majesty by such as wilfully break the same may be more duly prosecuted Of which that His Highness be not defrauded order is given to the Patentees that with the allowance of the Chief Justice of the Kings Bench there be appointed Committees in every County for the recovery thereof from time to time Justices XXII Dalt 378. ibid. 12. That the Justices of Assize in their Circuits and the Justices of Peace at their General Sessions of the Peace do from time to
is committed for keeping of Ale-houses contrary to the Statute 5 6 Ed. 6. 25. § 4. N. 1. shall not be by Bail â—r Mainprise Cromp. 172. b. Recogn XXXIX Cromp. 196. § 6. The Justices of Peace shall take a Recognizance of such that have License to keep Alehouses to keep good rule and that they shall not use unlawful Games there 5 6 Ed. 6. 25. § 1. N. 4. Process XL. Cromp. 196. b. § 9. A Justice of Peace cannot award process upon Recognizances before they be forfeit as it seemeth by 3 H. 7. 1. § 1. N. 26. but must certifie it into the Chancery Kings Bench or Exchequer if it be not in Case where a Recognizance is forfeit for an Alehouse by 5 Ed. 6. 25. § 3. N. 2. whereupon he may award process as appeared by the said Statute Lamb. 516. supra Licence XLI Cromp. 198. b. two Justices of the Peace whereof one shall be of the Quorum may license one to keep a common Alehouse and take Recognizance of him with one surety to keep good rule and that he shall not suffer unlawful Games to be used there as to their discretion shall seem necessary and convenient 5 6 Ed. 6. 25. § 1. N. 4. Lamb. 431. infra 82. Proofe XLII Dalt 26. cap. 7. and not that the voluntary Confession before the Justice of Peace or other person authorized to minister the Oath of any Offender against any of the Statutes 1 Jac. 9. 4 Jac. 5. § 2. N. 1. shall suffice to convict the person so offending and after such confession the Oath of the party so confessing shall be taken and be sufficient proofe against any other offending at the same time 21 Jac. 7. Measures XLIII Dalt 26. cap. 7. If any Taverner keeping also an Inn or victualling in his House or any Inn-keeper Alehouse-keeper or Victualler shall at any time utter or sell within his House or without less than one full Ale-quart of the best Beer or Ale for 1 d. and of the small two quarts for 1 d. the said Offence being proved before any Justice of the Peace by one witness upon Oath then every such Taverner Inn-keeper c. shall forfeit for every such Offence 20 s. 1 Jac. 9. § 3. N. 1. And yet note That wheresoever any Conviction shall be before the Justice of Peace by or upon the Oath of any other person then the Delinquent himself then the Justice of Peace must first send for or convene the Delinquent before him to make answer c. For it may be that he can make sufficient defence or excuse of the Fact And this was the direction of Sir Nicholas Hyde Lord Chief Justice of the Kings Bench c. Dalt 67 155 362. XLIV Dalt 27. cap. 7. Every Taverner keeping also an Inn Hostler or victualling in his House and every Inn-keeper Alehouse-keeper and other Victuallers which shall suffer any person wheresoever his dwelling-house be to tipple in the said house shall be adjudged within the Statute 1 Jac. 9. § 2. N. 1. Dalt 361. 1 Bulstr 109. XLV Dalt 27. ibid. So that now by these Statutes 5 Hostler 6 Ed. 6. 25. 1 Jac. 9. 4 Jac. 5. 21 Jac. 7. 3 Car. 1. cap. 3. 4 No person may come to tipple in any such Tavern or in any Inne Alehouse or Victualling-house in the same Town where he dwelleth not dwelling within two miles thereof And so Sir Francis Harvey Knt. delivered it in his Charge at Cambridge Summer-assizes Anno 1629. XLVI 1 Bulstr. 109. Pl. 90. Note by Yelverton Justice Hostler That if an Inne do use the Trade of an Ale-house this shall be within the Statute of Ale-houses 5. and 6 Ed. 6. 25. and 1. Jac. 9. and 4. Jac. 5. and 21. Jac. 7. and 3. Car. 1. cap. 3. 4 Croke Justice no person is for to erect an Inne without a Licence from the King Finner Justice the Statute for Ale-houses include all excepting only Booths in Fairs not to keep an Inne and an Ale-house but to be suppressed to keep an Inne only for the relief of Travellers in this Pasch 9 Jac. Anonym Dalt 28. cap. 7. Hostler If a common Inn-holder or Ale-house-keeper will not Lodge a Traveller any Constable or Justice of Peace may compel them thereto but how the Officer shall compel him quere It seemeth that all the Officer can do is either to cause such Ale-house-keeper to be suppressed or else to present or prefer such offence of an Inn-keeper or Ale-house-keeper at the Assizes or Sessions of the Peace that so the Offender may be thereupon Indicted Dalt 17. 378. § 9. supra § 19. 39 H. 6. 18. Actio super Casus Br. 76. and 5 Ed. 4. 2. Actio super Casus Br. 92. Dyer 158. pl. and 9. co 87. XLVIII Dalt 28. cap. 7. And at Lent Assizes Anno 1622. Indictment Sir James Lee Lord Chief Justice of the Kings-Bench delivered it in his charge that an Inn-keeper or Ale-house-keeper offending herein might be Indicted Fined and Imprisoned for the same or else that the party grieved might have his Action super Casus against the Inn-keeper or Ale-house-keeper refusing to Lodge him 14 H. 22. b. Kell 50. pl. XLIX 28. ibid. But no Inn-holder Payment Ale-house-keeper or other Victualler shall be compelled to sell or let any Traveller or other to have any Victuals or Lodging except the party shall first tender and pay ready Mony for the same if it be required 10 H. 7. 8. Hostler L. 2. Rol. 345. 21. Hill or Pasch 21. Jac. per Chamberlain Justice by the putting of a Sign upon his door and Lodging Guests he Chargeth himself to the common-wealth And if I come to an Inne and require him to give me Lodging and he refuseth an Action upon the Case lyeth if he refuseth me and Mr. Justice Dodridge and Sir James Lee Chief Justice accorded c. Hostler LI. Dalt 30 cap. 7. Common Inns are appointed for Travellers and Way-fairing men 8. Co. 32. And therefore if any Inn-keeper shall suffer persons inhabiting in the same Town or any other persons contrary to the Statutes 5. and 6 Ed. 6. 25. 1 Jac. 9. and 4. Jac. 5. and 21 Jac. 7. and 3 Cor. 1. cap. 3. 4 to be usually Tipling in his House such an Inn-keeper may be accounted as well an Ale-house-keeper as an Inn-keeper And such Innkeepers may be bound by Recognizance with Sureties for keeping good Orders as Ale-house-keepers are and so Judge Warberton delivered it in his Charge at Cambridge Assizes Anno 1613. and therewith also agreed Sir James Lee and Sir John Dodridge in their several Charges at Cambridge Assizes Anno 1621. For such Inn-keepers said they do pervert the end for which they were appointed first or else it seemeth they may be committed as Ale-house-keepers without Licence by two Justices of Peace as aforesaid or they may be Indicted therefore at
not disputable by a Constable or other Ministers but must be obey'd Lamb. Duty of Constable 19 20. VIII Lamb. 2. cap. 2. pag. 118 119. Imprisonm Besides this you may see admitted 13 H. 7. 10. Recogn Br. 14. by the opinion of the Court that if a man in the Night-season haunt a House that is suspected for Bawdry or use suspicious Company then may the Constable Arrest him to find Sureties of his Good abearing Lamb. Duty of Constable 12 13. Kitch 48 b. IX Lamb. 2. cap. 3. pag. 134. Affray If one do make an Affray upon a Justice of the Peace Constable or such other Officer he may not only defend himself but may also apprehend the offender and send him to the Goal till he will find Sureties of the Peace 5 H. 7. 6. Crompt 223. Kitch 48 a. b. X. Lamb. 134. ibid. And the Justice or Constable may if need be Process command assistance of the Kings people for the pacifying of an Affray Dalt 33. cap. 8. Kitch 48 a. b. XI Lamb. 134. ibid. Fresh Suit If he that maketh an Affray do flee into a House when the Justice of Peace or Constable cometh to Arrest him they may also in Fresh Suit break open the doors and take him by Marwood or if he flee thence they may make Fresh Suit and Arrest him though in another County by the opinion of some men 13 Ed. 4. 9. and it should seem by the reason of that Book that in this case also they may break open the doors to apprehend him Lamb. Duty of Constable 15. XII Lamb. 134 135. Escape Now if the Constable do Arrest one that hath hurt another and do wilfully suffer him to escape and then he that was hurt dieth thereof within the year and day the Constable shall make a great Fine and that to the value of his Goods in the opinion of some 11 H. 4. 12. Stamf. 35. Lamb. Duty of Constable 16 22 23. XIII Lamb. Duty of Constable 5. Out of which Office viz. Officer of Constable of England this lower Constableship was at the first drawn and fetcht and is as it were a very Finger of that hand 13 Rich. 2. 2. for the Statute of Winchester 13 Ed. 1. St. 2. cap. 6. § 1. N. 11. by which these lower Constables of Hundreds and Franchises were first ordained doth amongst other things appoint that for the better keeping of the Peace two Constables in every Hundred and Franchise should make the view of Armour and 13 Ed. 1. St. 2. cap. 6. § 1. N. 12. shall present before Justices assigned such defaults as they do see in the Country about Armour and of the Suits of Towns and of Highways and also shall present all such as do lodge Strangers in uplandish Towns for whom they will not answer Dalt 46. cap. 16. infra 54. supra 3. Officer XIV Lamb. Duty of Constable 9. For as about the beginning of the Reign of Ed. 3. Pety-Constables were devised in Towns and Parishes for the aid of the Constables of the Hundred or High-Constables so of later times also Borsholders Tythingmen Headboroughs and such like have been used as Pety-Constables within their own Boroughs and Tythings Dalt 46. cap. 16. infra § 54. 4 Ed. 3. 3. 10. Arrest XV. Lamb. Duty of Constable 12. § 13. Any of these Officers may also Arrest such strange persons as do walk abroad in the Night-season and for that cause 13 Ed. 1. cap. 4. of Winchester did ordain that Night-watches should be kept yearly c. and of these Watches the Officers c. have the charge within the limits or places of their Authorities as the Constable in his Town the Borsholder in his Borough and the High-Constable within all his Hundred and these Officers ought to see these Watches duly set and kept and ought also to cause Hue-and-cry to be raised after such as will not obey the Arrest of such Watchmen Force XVI Lamb. ibid. 13 14. Again if any person whatsoever except the Kings Servants and Ministers in his presence or in executing his Precepts or other Officers or such as shall assist them and except it be upon Hue-and-cry made to keep the Peace c. shall be so bold as to go or ride Armed by night or by day in Fairs Markets or any other places against 2 Ed. 3. 3. § 1. N. 4. then any Constable or any of the said Officers may take such Armour from him for the Kings use and may also commit him to the Goal and therefore it shall be good in this behalf for these Officers to stay and Arrest all such persons as they shall find to carry Dags or Pistols or to be apparelled with Privy-Coats or Doublets as by the Proclamation made 21 Eliz. they are specially commanded 12 Rich. 2. 6. Crompt 223 b. Arrest XVII Lamb. Duty of Constable 14. If any man do threaten to kill another and he which is so threatned do pray any of these Officers to Arrest the other to find Sureties of the Peace then may such an Officer Arrest him to find such Surety before a Justice of the Peace and may also carry him to Prison if he refuse to find it but if he yield to go it shall be good to take the party threatned to the Justice with him supra 5. Crompt 223. Kitch 47 b. 4 Ed. 3. Barre 102. Peace XVIII Lamb. ibid. 15. If a Constable or any other of the said Officers shall see any men going about to break the Peace as by using hot words by which an Affray is like to grow then ought such Officers to command those persons to avoid upon pain of Imprisonment and if they will not depart but shall draw weapon or give any blow then ought he to do his best to depart them and to keep them asunder and he may for that purpose both use his own weapon and may also call others to assist him 3 H. 7. 10. 21 H. 7. 21. Process XIX Lamb. Duty of Constable 17. Any of these Officers may of his own Authority Arrest one that is Indicted of Felony so if the common voice and fame be that A. B. hath done a Felony that is sufficient cause for any of these Officers that shall therefore suspect him to Arrest him for it Dalt 303 352 353. Seisure XX. Lamb. Duty of Constable 17 18. And if any man shall flee upon Felony it is the Office of the Constable of the Town or of any of those other Officers there to seize his Goods and to keep them safely for he is to answer for the loss or impairing of them and therefore it is meet that he do it by Inventory taken in the presence and by the testimony of the honest Neighbours 3 Ed. 3. iter Northumb. 1 R. 3. 3. § 1. N. 4. Dalt 293. cap. 110. Poult de Pace 235. Forfeiture 44. 33. 70. Stamf. 192. XXI Lamb. ibid. 18. I like well of their
assumentes sibi regiam potestatem ipsum Regem regali sua Autoritate quantum in eis fuit privand ' adtunc ibidem cum quodam cultello Arripuerunt illis dictis falsis fictis contrafact ' Literis Patent ' deceptive proditorie Apposuerunt Annexerunt easdem literas sigillaverunt sigillum illud subtiliter resciendendo quasi sic non fecissent sic magnum sigillum Domini Regis adtunc ibidem proditorie contrafecerunt cum premissa sic fecissent dictas falsas contrafactas Literas Patent ' Ac ut predict ' est sigillat ' 8 die Martii Anno c. apud Villam de S. in Com' Mid'sex ac in diversis locis ejusdem Comitat ' tanquam Literas Patentes ipsius Domini Regis de protect ' deceptorie falso proditorie publicaverunt diversas pecuniarum summas de diversis ligeis Domini Regis receperunt virtute dictarum falsatum fictarum contrafactarum Literarum Patent ' in deception ' Domini Regis ac populi sui prejudicium exheredat ' manifestum c. IX Pract. Precedents c. 49. An Indictment for Counterfeiting the Seal of the Arches Fowl Hawks Fesants Birds Crows Poultry I. Lambert 4. cap. 4. pag. 440. Inquiry at Sessions Forest if any person have taken or caused to be taken upon his own or other mens ground the Eggs of any Falcon Goshawke Lanner or Swan or have taken any Eyrer Falcon or Goshawke Tarcel Lanner or Lanneret or have purposely driven them out their Coverts or have Borne any Hawk of the Breed of England called an Niesse Gossehawke Tassell Lanner or Lanneret 11 H. 7. 17. § 1. N. 2. II. Lambert 441. License If any person whatsoever have taken or killed any Pheasant or Partridge with any manner of Net or other devise whatsoever upon the Freehold of any other without special License or in the night time except it were unwillingly by Lowbelling or Tramelling who also did then and there presently let them go again c. 11 H. 7. 17. § 1. N. 2. 23 Eliz. 10. § 2. N. 1. Crompt 77. a. 124. b. III. Lambert 442. Inquiry on 1 Jac. 27. § 4. N. 1. Market overt If any person hath Sold or hath Bought to Sell again any Partridge Feasant c. not bred up in house IV. Lambert 198 199. Justices Every Justice of Peace may examine Offences against the Statute made 23 Eliz. 10. § 5. N. 1. for preservation of Pheasants and Partridges c. If the same Offences be not before Lawfully heard or determined otherwise and may take Bond of the Offender with good Sureties for his Appearance at the next General Sessions of the Peace to answer the said Offence and to pay the penalty and to receive the punishment due therefore and may also after Conviction and punishment of such Offender c. take like Bond of him and Sureties that for the space of two years he shall not Offend against the said Statute Crompt 195. § 8 196. b. § 16. V. Lambert 441 442. Inquiry at Sessions 1 Jac. 27. § 2. N. 1. If any person have shot at killed or destroyed any Feasant Patridge House-dove or Pidgeon Hen Mallard Duck Teal Wigeon Gouse Heathcock Moregame or any such Fowl or have taken killed or destroyed any Feasant Patridge Housedove or Pidgeon with Setting Dogs and Nets or other Engine or have taken Eggs of any Fesant Pratridge or Swans or willingly destroy'd the same in the Nets c. Crompt 88. a. b. 89. Poph. 141 142. VI. Kilb. Precedents 170. A Warrant to search for Nets and Setting Dogs on 7 Jac. 11. To the Constable c. Kent ss By Virtue of an Act of Parliament in that behalf made c. These are therefore in his Majesties Name to Authorize and Command you and every of you to enter into and search the house or houses of any person or persons within the said Hundred other then such person or persons which have free Warren or is Lord of a Mannor or is such Freeholder which is Seised in his own Right or in the Right of his Wife of Lands Tenements or Hereditaments to the clear yearly value of 40 l. or more by the year over and above all Charges and Reprises of some Estate of Inheritance or of Lands Tenements or Hereditaments in his own Right or in the Right of his Wife for Term of Life or Lives of the yearly value of threescore pounds over and above all charges and reprises or which is worth in Goods and Chattels four Hundred pounds suspected to have Setting Dogs or Nets for the taking of Phesants or Partridges and that wheresoever you or any of you shall find any such Setting Dog or Nets the same you take carry away and detein kill destroy and cut in pieces as things prohibited by the Act aforesaid and forfeited to such of you as shall find out and take the same as aforesaid hereof fail not at your perils Given under our Hands and Seals at M. in the said County the day of c. Anno c. VII West Symb. 2. part 120. b. § 162. An Indictment for taking Pheasants and Partridge with Nets c. contrary to 11 H. 7. cap. 17. Pract. Precedents 67. Essex ss Juratores pro Domino Rege supra sacramentum suum presentant quod W. G. de S. in dicto Com' E. Laborer circiter horam 10 ante meridiem 20 die Aug. Anno Regni c. In quodam loco infra Paroch de S. predict ' in Com' E. predict ' vulgariter vocat ' the Wheat Field qui quidem locus tunc fuit adhuc est liberum tenement ' A. B. de S. predict ' in Com' E. predict ' Gen ' nec unquam fuit in aut de Warrenna ipsius W. G. propria duos Phasianos decem Perdices cum quibusdam reticulis aliis Ingeniis valoris duorum solidorum tunc ibidem cepit occidit asportavit sine aliquibus Assensu Agreamento aut speciali licentia dicti A. B. in hac parte habitis aut obtentis in dicti Domini Regis nunc contemptum ac contra form ' cujusdem Statut ' in Parliament ' Domini Henrici nuper Regis Angl ' septimi tent ' Anno Regni sui 11 in hujusmodi casu provisi ac editi Fraud see Collusion Franchise Liberties Bayly Sheriffs I. 42 Ed. 3. 9. § 1. N. 6. Green Wax Estreats of the Green Wax shall not be doubled by the Sheriffs but the Copy of the Estreats wherein they touch the Franchises of Lords shall be delivered to the Bayliffs of the Franchises under the Seal of the Sheriff and that the same Bayliffs shall yeild their account in the Exchequer by the same Copies so delivered II. 27. H. 8. 24. § 9. N. 2. Amerciament And that the Amerciaments for insufficient Retorns of Writs or their Process made by Stewards or Bayliffs of Liberties or Franchises having Retorns of Writs and
cap. 75. 366. cap. 122. 18 Ed. 4. 17. Condition Br. 162. XXXIII Lambert 2. cap. 2. pag. 121. Process The Precept of the Good Abearing Kent ss B. A. E. S. Two of the Justices of the Peace of our Soveraign Lord the Kings Majesty in the County of Kent to the Sheriff of the said County To the Constables of the Hundred of B. and to the Borsholders of the Town of E. in the said Hundred and to every of them Greeting Forasmuch as A. B. of E. aforesaid is not of Good Fame nor of honest Conversation but an Evil doer Rioter Barretor and perturber of the Peace of our said Soveraign Lord as we are given to understand by the complaint of sundry Credible persons therefore on the behalf of our said Soveraign Lord We Command you and every of you that you cause the said A. B. to come before us or some other of our Fellow Justices to find sufficient Surety and Mainprise as well for his Good Abearing towards our said Soveraign Lord and all his Liege People untill the next Quarter Session of the Peace to be holden in the said County as also for his Appearance then there and if he the said A. B. shall refuse so to do that then immediately without expecting any further Warrant you him safely convey or cause to be safely conveyed to our next Prison in the said County there to remain untill he shall willingly do the same so that he may be before the Justices at the said next General Sessions of the Peace to be holden in the said County then and there to Answer for his Contempt in this behalf and see that you certifie your doing in the Premisses to the said Justices at the said Sessions bringing then thither this Precept with you Witness the said B. A. and E. S. of B. c. the _____ day of _____ c. Crompt 236. b. in Latine XXXIV Lambert 122. ibid. Recognizance The usual Recognizance for the Good Abearing Memorandum quod 4. die Julii An. c. R. P. de E. in Com' predict ' Yeoman in propria persona sua venit coram nobis H. P. Kt. S. L. Esq duobus Justic ' dicti Domini Regis ad Pacem in dicto Comitatu conservand ' assignat ' assumpsit pro seipso sub poena vigint ' librarum H. J. de L. in Com' predict ' Yeoman J. F. de M. in eodem Com' Husbandman tunc ibidem in propriis personis suis similiter venerunt manuceperunt pro predict ' R. P. viz quilibet eorum seperatim sub poena Cent ' solid ' quod idem R. P. personaliter comparebit coram Justiciariis dicti Domini Regis ad pacem c. ad proximam generalem sessionem c. quod ipse interim se bene geret erga Dominum Regem cunctum populum suum praecipue erga J. B. de C. c. quod ipse non inferet nec inferri procurabit per se nec per alios Damnum aliquod seu Gravamen prefato J. B. seu alicui de populo ipsius Domini Regis de corporibus suis per insidias insultus seu aliquo alio modo quod in laesionem seu perturbationem pacis dicti Domini Regis laedere valeat quovismodo viz. uterque H. J. J. F. sub pena cent ' librarum predict ' R. P. sub pena ducent ' librarum quas quidem seperales summas Cent ' librarum uterque predict ' H. J. J. F. ut predicitur per se ac predict ' R. P. dict' ducent ' librarum Recognoverunt se debere dicto Domino Regi de terris tenement ' Bonis Catallis suis quorumblibet cujuslibet eorum ad opus ipsius dicti Domini Regis fieri levari si contingat prefatum R. P. in aliquo premissorum deficere inde legitimo modo convinci c. Dat. c. Dalt 370. cap. 123. Kilborns Precedents 192. Condition XXXV Lambert 122 123. Or by a single Recognizance with this Condition Endorsed under Written Conditio Recogn ' predict ' talis est quod si predict ' R. G. Imposterum se bene geret Pacem Domini Regis conservabit erga dictum Dominum Regem cunctum populum suum nullum Damnum Corporale c. extunc Recognitio predicta pro nullo teneatur alioquin in suo robore permaneat Dalt â—71 cap. 123. Supersedeas XXXVI Dalt 365. cap. 122. A Supersedeas of the Good Behaviour by one Justice H. B. Serviens ad legem unus Justic ' Domini Regis c. Vicecom ' ac omnibus singulis Ballivis Ministris fidelibus dicti Domini Regis in eodem Com' eorum cuilibet salutem quia J. S. sufficient ' securitat ' de pace de bono Gestu suo erga dictum Dominum Regem precipue erga W.T. coram me invenit ideo ex parte dicti Domini Regis vobis cuilibet vestrum mando precipio firmiter injungens quod de ipso J. S. pro hujusmodi securitat ' c. inveniend ' capiend ' sive Arrestand ' omnino supersed ' si ipsum J. S. ea occasione ceperitis sive Imprisonaveritis tunc eum deliberari facias si ipse J. S. ea occasione non alia detineatur Teste c. XXXVII Dalt 366. cap. 122. And Mr. Crompton is of Opinion that these viz. Supersedeas of the Good Behaviour c. may be granted by any one Justice of the Peace with whom Rast Entr. 454. tit Peace But Mr. Lambert 123. thinketh it not in the lawfull power of any one Justice of Peace to grant such Supersedeas at this day but that it must be done by two Justices at the least and the one being of the Quorum nevertheless for that I find the old Precedents to run in the name of one Justice of the Peace alone I have drawn these accordingly perswading notwithstanding the Joyning of two Justices herein and one of the Quorum if they may conveniently XXXVIII Crompt 138. § 3. Justices And it seemeth that one Justice of Peace may Award such a Precept viz. for the Good Behaviour against another person by his discretion as well as two Justices may and the Statute 34 Ed. 3. 1. § 1. N. 6. is to the same effect by the words thereof otherwise perhaps Damage would happen to some of the Kings Subjects if the party be not Attacht before two Justices have made the Precept yet the common usage is to make such a Precept of the Good Behaviour in name of two Justices and it is good to keep this Ordinance Fitzh J.P. 7. XXXIX Dalt 371. The Condition of a Recognizance c. Condition The Condition of this Recognizance is such that if the above bounden R. G. shall personally appear before the Justices of our Soveraign Lord the King at the next General Sessions of the Peace to be
holden in the County of C. to do and receive that which by the Court shall be then and there enjoyned him and that in the mean time he be of Good Behaviour and do keep the Peace of our said Soveraign Lord the King towards his Majesty and all his Liege People That then c. XL. Dalt 371. Or this Conditio Recogn ' predict ' talis est quod si predict ' N. G. Imposterum se bene Geret pacem Domini Regis conservabit erga dict' Dominum Regem cunctum populum suum quod tunc Recognitio predicta pro nullo teneatur alioquin in suo Robore permanere XLI Dalt 365. Note that such supersedeas viz. supra § 36. is good Supersedeas tho it name neither the Sureties nor the Sums wherein they are bound but yet it is the better Form to express them both for then if it shall appear that the Sureties are not sufficient men or not bound in sufficient Sums better Sureties may be taken c. Gaugers see Measures Glass-men see Trades Goals see Imprisonment Goldsmith see Metle Grain see Corn. Graziers see Catle Greyhounds see Catle Green Wax see Proces and Seals Guns see Forest and Shooting Habeas Corpus see Imprisonment Certiorari Handguns see Forest and Shooting Hay and Oats see Corn Hares see Forest Harvest see Poor and Husbandry Hawks see Fowl Harness see War Harborers see Hostler Headbrough see Constable Hedgbreakers see Trespass Herring see Fish Hearthmoney see Taxes Highwayes see Wayes Hides see Leather Homicide see Coron Horn see Trades Horses see Catle Horsebread see Corn. Hospital see Poor Hostler Harborer Lodger Innes Victuals Inholder Hay and Oats Market overt I. Lambert 448. Inquiry in Sessions if any Inholder c. or other Seller of Victual have not Sold the same at reasonable prizes 23 rd 3. 6. 13 R. 2. Crompt 67. b. 91. b. Corporation II. Lambert 4. cap. 4. pag. 4. 465. Inquiry on 13 R. 2. 8. § 1. N. 6. 32 H. 8. 41. § N. If any Inholder dwelling in any City Town Corporate or Market Town wherein is any Common Baker that hath been Apprentice there Seven years have within his own house made any Horse Bread or dwelling in any other Thorow-Fair have made it insufficiently and not of due Assize Crompt 90. a. 91. b. III. Lambert 465. If any Inholder have taken any thing for Litter Fees or have taken excessively for Hay or have taken above one Half-Penny in a Bushel of Oats over the Common Price in the Market 13 R. 2. 8. § 1. N. 8. 4 H. 4. 25. § N. 21 Jac. 21. Crompt 91. b. IV. Dalt 25. cap. 7. Every Keeper of Tavern Ale Keeping also an Inne or Victualling in his House and every Inkeeper c. which shall suffer any Townsman or any Handycrafts man or Laborer working in the same City or Town to remain and continue Drinking in their said House except such as shall be invited thither by a Travellor and during his necessary abode there c. except allowed by two Justices of Peace the said offence being seen by any Justice of Peace within his Limits or confest or proved by one Witness on Oath Forfeit 10 s. 1 Jac. 9. § N. Crompt 77. b. 78. V. Dalt 27. cap. 7. Now no person may come to Tiple in any such Tavern or in any Inn c. in the same Town where he dwelleth nor dwelling within two Miles thereof except he be a Traveller and so Sir Francis Harvey Knight delivered it in his charge at Cambridge Summer Assizes Anno 1629. VI. Dalt 28. cap. 7. If a Common Inholder c. Wayes will not Lodge a Traveller any Constable or Justice of Peace may compell him thereto But how the Officer shall compell him Quaere It seemeth that all the Officer can do is either to cause such Alehouse Keeper to be suppressed or else to present such Offence of an Inn-Keeper at the Assizes or Sessions of the Peace that so such Offender may be thereupon Indicted see the Commission And at Lent Assises Anno 1622. Sir James Leigh Lord Cheif Justice of B. R. delivered it in his Charge that an Innkeeper c. might be Indicted Fined and Imprisoned for the same or else that the party grieved might have an Action S. Case Br. 76. 92. against the Innkeeper refusing to Lodg him Kell 50. 14 H. 7. 22. b. VII Crompt 77. ab Nota That it hath been agreed that such Inns that have been newly erected since the Statute 5 6 Ed. 6. 25. and were not Innes before must have Licences as Alehouses shall have Licence and this was put in ure upon an Indictment Traverst and Tryed at the Assizes in Sussex about 16 Eliz. as I have heard by him that was Counsel with the party Indicted Dalt 31. cap. 7. VIII Hales Pleas of the Crown 146. Hospitals and Houses of Correction see Poor Hue and Cry see Fresh Suit Hundred see Franchise Constable Sheriff Hunting see Forest Husband see Baron Feme Husbandry Tillage Aprovement Abby I. Lambert 463. Inquiry in Sessions if any owner of any Scite or Precinct and Demeans of any late Dissolved Religions House that was in yearly value under 200 l. per Annum do not keep an honest and continual houshold thereupon 27 H. 8. 28. § 9. N. 1. Lambert 600. Crompt 96. b. 124. b. Leases II. Crompt 96. b. Inquiry if any takes in Ferm any house to which any Land belongs above two such holds in one Vill or Hamlet or if any hath occupied two such holds in one Vill or Hamlet and doth not inhabit in the same Parish he shall Forfeit for every week 3 s. 4 d. Fitzh J. P. 128. 25 H. 8. 13. § 14. N. 2. Justices III. Lamb. 612. I will not gainsay but that the Justices of Peace may at any Special Session of the Peace give in Charge all such Statutes as dogive unto them a general power of Enquiry without using mention of restraint to any Sessions as 25 H. 8. 13. § 5. N. 1. of Sheep Catle IV. Lambert 464. Inquiry at Sessions if any person have at once kept above the Number of 2000 Sheep of all sorts against 25 H. 8. 13. Crompt 125. b. V. Crompt 152. Such Process shall be awarded against him who is Indicted upon 25 H. 8. 13. Concerning the keeping of Sheep above a certain Number as is used in Trespass Presented before the Justices of Peace Days VI. Crompt 193. b. The party must begin his Action of Debt Bill Plaint or Information within the year and his Presentment or Information for the King shall be taken within 3 years after the offence Committed against 25 H. 8. 13. § 6. N. 1. of Sheep Justices VII Lamb. 463 464. Note that the Offences against the Statute of Husbandry and Tillage 39 Eliz. 2. which extendeth not to Kent Essex Sussex and many other Shires nor to the greatest part of Wales are
Goal or carryeth him before a Justice of Peace 9 Ed. 4. 26. 20 Ed. 4. 6. Finch 340. Dalt 338. ibid. Suggestion XXIV Dalt 338. cap. 118. The Justice of Peace upon his own motion and Discretion or upon Complaint may also grant out his Warrant for the arresting or conventing before him all such Persons as shall break or go about to break the Peace or as he shall suspect to be inclined to break the Peace and may commit them to Prison if they shall refuse to find or cannot find Sureties for the Peace or good-Good-behaviour Process XXV Dalt â—39 cap. 118. Wheresoever the Justice of Peace hath Power or Authority given him by any Statute to bind over any man or to cause a man to do any thing it seemeth such Justice may send such person to the Goal there to remain till he shall perform the same Lieu. XXVI Dalt 339. cap. 118. None shall be imprisoned by any Justice of Peace but only in the common Goal by the Statute 5 H. 4. 10. § 1. N. 2. 23 H. 8. 2. and therefore Justices of the Peace cannot commit Felons to any of the Counters in London nor to other Prisons which be no Common Goals nor make a Goal of their own Houses but in some Cases may commit to the Stocks as for Tipling c. and in some Cases to houses of Correction as Rogues c. Fresh Suit XXVII Dalt 340. cap. 118. The Justice of Peace Constable or other Officer persuing a Felon into another County takes him there the Felon shall be committed to the Goal of the County where he was taken for the Justice of Peace c. being out of the County hath no more Authority than a private man Fresh suit Br. 3. Com. 37. Days XXVIII Dalt 341. ibid. When a Statute doth appoint Imprisonment but limits no time when the Offender shall be imprisoned then he is to be imprisoned presently as in Case of a Force the Justices of Peace upon view thereof ought to commit the Offenders presently for after they may not commit them XXIX Lambert 2. cap. 7. pag. 226. Escape And of like Condition viz. Vniversal and against the Common Wealth be those Felonies that do grow by the breaking of Imprisonment for any Felony the which also are grounded chiefly upon 1 Ed. 2. Stat. 2. pag. 76. de frangent ' Prisonam and are so restrained to Felony by it whereas at the Common Law he was generally a Felon that brake the Prison although the cause were no Felony for which he was Committed thither Dalt â—70 cap. 105. XXX Lambert 227. ibid. Rescous In the Prisoner himself it is most properly called a breach of Prison in another that helpeth the Prisoner to get away it is called Rescous and in the Officer c. by whose wilfull default he is suffered to go an Escape XXXI Lambert 419. Inquiry on 1 Ed. 2. Stat. 2. pag. 76. Escape If any person Imprisoned for Felony have broken the Prison or if any other person have broken the Prison for such a Prisoner by which he Escapeth or if any Goaler have willingly suffered such a Prisoner to Escape and if any person being Arrested for Felony and by whom 2 Inst 591. XXXII Lamberts Precedents 12. pl. 31. Indictment for a wilfull Rescous of one Imprisoned in the Stocks for Felony Kanc. ss Juratores pro Domino Rege super sacramentum suum presentant quod 20 die Junii Anno c. quidam A. B. nuper de C. in Com' predict ' Glover apud C. predict ' in Com' predict ' captus est Arrestatus per E. F. de C. predict ' in Com' predict ' Yeoman pro suspitione cujusdam Feloniae viz. unius Vaccae ipsius E. F. per prefat ' A. B. felonice ut idem E. F. tunc asserebat captae abductae quod idem A. B. immediate postea Traditus est per prefat ' E. F. cuidam H. M. tunc Constabulario Hundredi de N. in quo Sita est Villa de C. predict ' qui quidem Constabularius apud C. predict ' in Com' predict ' postea viz. c. eundem A. B. in Prisona in Cippis ibidem posuit ad eum salvo ibidem custodiend ' donec idem Constabularius parare posset Auxilium ad ducendum eundem A. B. coram aliquo Justiciariorum pacis dicti Dom ' Regis in Com' predict ' examinand ' quod postea scil c. die Anno c. quidam G. L. de C. predict ' in Com' predict ' Glover apud C. predict ' in dicto Comitatu vi armis Cippos predictos effregit ac eundem A. B. tunc ibidem existent ' ex eisdem custodia Prisona Cippis felonice cepit eripuit rescussit ac ad largum ire evadere permisit contra pacem dicti Domini nostri Regis Coronam Dignitatem suas Crompt 38. b. § 8. Dalt 271 272. cap. 106. XXXIII Lamberts Precedents 12. Pl. 32. An Indictment for breaking of Prison Crompt 107. § 17. Inquiratur pro Domino Rege si W. H. de C. in Com' predict ' Yeoman unus Constabulariorum dicti Domini Regis Hundredi sui de T. in Com' predicto in quo quidem Hundredo Sita est villa de C. predict ' quendam R.B. nuper de C. predict ' in Com' predict ' Taylor 20 die September Anno c. apud C. predict ' in Com' predict ' pro suspitione cujusdem Feloniae viz. pro morte cujusdam M. N. apud H. in Com' predict ' felonice interfecti cepit arrestavit ea de causa idem R. B. sub custodia dicti W. H. Constabularii in Prisona dicti Domini Regis apud C. predict ' in Com' predict ' postea scil dict' 20 die Sept. Anno supradict ' fortiter duriter detentus fuit ac idem R.B. tunc ibidem sic detentus postea viz. dict' die Anno apud C. predict ' in Com' predict ' vi armis predictam Prisonam ibidem felonice fregit ac extra custodiam dicti Constabularii tunc ibidem contra ejus voluntatem felonice evasit contra pacem dicti Domini Regis nostri nunc Coronam Dignitatem suas necnon contra form ' Statuti in hujusmodi casu editi provisi XXXIV Crompt 49. b. Escape Inquiry also shall be of them who are in Prison for Felony or suspition of Felony and break the Prison this is Felony by 1 Ed. 2. Stat. 2. pag. 76. de Frangent ' Prisonam and it s not material whither he were guilty of the Felony or not Stamff 32. Fitzh J. P. 116. 24 Ed. 3. 42. 50. and so where they escape going to the Goal Crompt 107. § 16. Coron XXXV Dalt 271. cap. 106. One committed to the Constable by the Justice for suspition of Felony making an Escape from the Constable was after taken again and Indicted and Arraigned for that Felony and by the Jury
Justices of Peace may hear and determine as well by Information as by Indictment the Offences Committed against the Statute of Reteyners Liveries Maintenance Imbracery Bow-staves Archery Unlawfull Games Forestallers Regrators Victuallers and Innholders by 33 H. 8. 10 § N. 37 H. 8. 7. Pope XVII The Laws c. 71. c. 86. upon 23 Eliz. 1. § 11. N. 1. The Axis upon which all popular Suits for Recusancy depend See in tit Pope 79. Incontinence see Bastardy Infidels see Religion Incumbent see Encumbent Ecclesiastick persons Ingrossing see Market Overt Innkeeper and Innholder see Hostler Inmates see Hostler Cottages Inquest see Enquest Inrolement Deeds Inrolled Bargain and Sale Records Justice I. LAmbert 196. If any one Justice of the Peace do Joyn with the Clerk of the Peace in taking the Inrolement of an Indenture of Bargain and Sale of Lands Tenements or Hereditaments lying in that County where he is Justice it is sufficient as it seemeth by the words of the Statute 27 H. 8. 16. § 1. N. 2. Fees II. Lambert 365. The Justice or Justices of the Peace that do Joyn with the Clerk of the Peace in taking the Conusans of an Indenture of Bargain and Sale of Land to be Inrolled shall have 12 d. therefore if the Land exceed not in value 40 s. by the year and 2 s. 6 d. if it do exceed that value by 27 H. 8. 16. § 1. N. 4. Lambert 430 431. III. Crompt 59. § 31. It is Extortion in the Clerk of the Peace if he takes above 12 d. for Inrolement of a Bargain and Sale of Land that exceeds not xl s. per Annum or above 2 s. 6. where the Land exceeds the value of xl s. per Annum by 27 H. 8. 16. and in the Justices of Peace that for the Conusance take above the said Summs in the said Cases by the said Statute Lambert 430 431. Crompt 177. b. Intendment Suspition Sugestion Proofe Bastardy I. LAmbert 119. It shall not be amiss at this day to grant Surety of the Good Abearing against him that is suspected to have begotten a Bastard Child Inventory see Ordinary Iron works see Mettle Judgment see Justices Execution Juglers see Games Issues see Enquest Forfeiture Jurisdiction see Justices Jurors see Enquest Justices Jurisdiction Judgment Sessions one Justice two Justices three Justices Courts Commission Records I. LAmbert 1. cap. 4. pag. 20. And then withal viz. during the Imprisonment of Ed. 2. Commission it was ordained by Parliament in the Life time of that Deposed King and in the very first entry of his Sons Reign 1 Ed. 3. 16. That in every Shire of the Realm Good men and Lawfull which were no Maintainers of Evil nor Barretors in the Country should be assigned to keep the Peace which was as much to say that in every Shire the King himself should place special Eyes and Watches over the Common People that should be both willing and wise to foresee and be also enabled with meet Authority to repress all intention of uproar and Force even in the first seed thereof and before that it should grow up to any offer of Danger so that for this cause as I think the Election of simple Conservators or Wardens of the Peace was first taken from the people and translated to the Assignment of the King II. Lambert 1. cap. 5. pag. 26. Patents If the King do grant unto a man to be a Justice of Peace during his Life within a certain Precinct without any other words he shall continue such a Justice during his Life and shall have all that power that a Warden or Conservator of the Peace had and perhaps such power also as is given to a Justice of the Peace by express words in any Statute but he shall not have all that power which is ordinarily given to the Commissioners of the Peace by their Commission Marrow III. Lambert 1. cap. 7. pag. 33 34. Joynder And for the better restraint of the increase of Justices of Peace it was Enacted that no Association should be made to the Justice of Peace after their first Commission 12 R. 2. 10. § 1. N. 7. which Law though it be not to be Abrogated till this day yet was it long since ended by making of New Commissions that had more new Justices thrust into them and truly it seemeth to me that together with the like ambitious desire of Bearing Rule in some the growing Number of the Statute Laws Committed from time to time to the Charge of the Justices of Peace hath been the cause that they also are now again increased to the overflowing of each Shire at this day Dalt 19 20. cap. 5. IV. The Form of the Commission of the Peace for each County is as thus in Middlesex Lambert 1. cap. cap. 8. pag. 35. Midd ' ss Carolus secundus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensoris c. precharissimo Consanguineo Consiliario nostro Principi Ruperto Comiti Palatino Rheni Duci Cumbriae Constabular ' Castri de Windsor c. predilecto fideli consiliario nostro Heneagio Dom. Finch Dom. Cancellario nostro Angliae Peace c. Salutem 2. sciatis quod assignavimus vos conjunctim divisim quemlibet vestrum Justiciarios nostros ad Pacem nostram in Com' nostro Middlesex conservand ' 3. ac ad ea omnia Ordinationes Statuta pro bono Pacis ac pro conservatione ejusdem Statutes pro quieto regimine gubernatione populi nostri edita in omnibus singulis suis articulis in dicto Comitatu nostro tam infra Libertates quam extra juxta vim formam effectum eorundem custodiend ' custodiri faciend ' Contempt 4. ad omnes contra formam Ordinationum vel Statutorum vel eorum alicujus in Comitatu predicto Delinquentes castigand ' puniend ' prout secundum formam Ordinationum vel Statutorum illorum fuit faciend ' Coron 5. ad omnes illos qui alicui vel aliquibus de populo nostro de corporibus suis vel de incendio domorum suarum minas fecerint ad sufficientem securitatem de pace vel bono gestu suo erga nos populum nostrum inveniend ' coram vobis seu aliquo vestrum venire faciend ' si hujusmodi securitatem inveniri recusaverint tunc eos in Prisonis nostris quouscunque hujusmodi securitatem invenerint salvo custodiri faciend Enquest 6. Assignavimus etiam vos quoslibet duos vel plures vestrum quorum aliquem vestrum vos prefat ' Principem Rupertum Dom. Cancellarium Angliae c. unum esse voluimus Justiciarios nostros ad inquirendum per Sacramentum proborum legalium hominum de Comitatu predicto per quos rei veritas melius sciri poterit de omnibus omnimodis feloniis veneficiis incantationibus sortilegiis Arte Magica transgressionibus forestallariis
County in which any Jesuit Seminary Priest or other Priest Deacon or Religious or Ecclesiastick person mentioned shall Arrive or Land may within three days after take the Submission Oath and Acknowledgment of him touching his obedience to the Kings Majesty and to his Laws and Ordinances provided in Causes of Religion 27 Eliz. 2. § 10. N. 2. L. Lambert 198. The party that doth first discover to any Justice of Peace any Recusant or other Entertaining or Relieving any Jesuit Seminary or Popish Priest or any Mass to have been said and any of them that were present thereat within three days after the Offence and by reason of his Discovery any of the Offenders be taken and Convicted shall be freed from the Offence and have the third part of the Forfeiture 3 Jac. 5. § N. Lamb. 294. LI. Lambert 198 199. Fowl Every Justice of Peace may examine the offences against the Statute 23 Eliz. 10 § 2. N. 6. and against Hawkers in Corn and may take Bond with good Sureties to appear at the next General Sessions of the Peace to answer the offence c. Crompt 124. b. Crompt 195. § 8. Dalt 66. cap. 25. Sheriffs LII Lambert 199. It seemeth that one Justice of the Peace may upon complaint of the party grieved examine the Sheriff Undersheriff Shire Clerks and Plaintiff concerning the taking or entring of Plaints in their County Courts and Books against the Statute 11 H. 7. 15. § 1. N. 10. infra § 138. Lambert 293. Crompt 195. § 9. 10. Dalt 154 155. cap. 66. Corn. LIII Lambert 199 200. The Certificate of one Justice of the Peace joyned with the Customer of the Place of the unlading and Selling of Corn or Grain or Cattle carryed by Water from one place to another of this Realm unto the Customer and Controller of the place where the same was Imbarked is sufficient against Forestalling 5 6 Ed. 6. 14. § 12. N. 2. Dalt 155. cap. 66. LIV. Lambert 200 201. If any Bayliff or Constable of any Borrough or other Town shall find any Mault made contrary to 2 3 Ed. 6. 16. § N. 25 Eliz. 14. § N. than with the advice of any Justice of Peace within the Shire he shall cause the same to be Sold to such persons and at such reasonable prizes under the Common price of the Market as to his discretion shall seem convenient Dalt 21. cap. 6. Imprisonment LV. Lambert 201. The party Convicted and Committed to Prison by the Justices of Peace for not obeying this restraint of converting Barley into Malt must there remain three days and after that untill he shall become bound in Recognizance of 40 l. to the Kings use before any Justice of the Peace to obey such his restraint 39 Eliz. 16. § 1. N. 3. Sanctuary LVI Lambert 200. One Justice of Peace may take out of Sanctuary certain persons abjured thither and others being Indict of some kind of Offences mentioned done after they became Sanctuary men and may Commit them to the Goal in the County where the Indictment is found till they be Tryed 22 H. 8. 14. § N. Crompt 195. § 7. Fresh Suit LVII 200. No person shall after he shall be Robbed bring any Action upon any the Statutes concerning Hue and Cry except he shall first within Twenty days next before such Action brought be examined upon his Corporal Oath before some one Justice of the Peace of the County wherein the Robery was Committed Inhabiting within or near the Hundred c. then also shall he before such Action be brought enter into Recognizance before the same Justice effectually to prosecute such persons known c. 27 Eliz. 13. § 11. N. 2. Fish LVIII Lambert 201. By Warrant of any one Justice of Peace the Constables and Churchwardens of every place wherein destroying of the Spawn and Brood of Fish is Commit may levy the Forfeitures by distress and Sale 3 Jac. 12. § 2. N. 3. Sewers LIX Lambert 201 202. Every Justice of Peace as it seemeth within the Shires next adjoyning to the River of Thames within his several Jurisdiction hath power upon complaint made unto him by the Overseers and Rulers of the Water-men and Wherry-men or two of them or by the Masters of any such Servants both to examine hear and determine all offences against the Statute and to set at large him that shall be Imprisoned by such Overseers or Rulers if there be just cause and also by his discretion to punish those Overseers and Rulers 2 3 Phil. Mar. 16. § 6. N. 1. Cromp. 194. § 2. Dalt 155. cap. 66. LX. Lambert 202. Cattle Any Justice of Peace within six Months after the Sale in Market overt of any stoln Horse Mare Gelding Colt or Fillye may take the claim and hear the proof of the right Proprietors thereof 31 Eliz. 12. § 4. N. 1. LXI Lambert 202. Pope Any one Justice of the Peace may within three Months after the Conviction of any Seditious Sectarie require the Submission of him to Conformity and in default thereof may require him to abjure the Realm 35 Eliz. 1. § 2. N. 1. Poor LXII Lambert 202. Any Justice of Peace may appoint any person to be openly Whipped Naked untill his or her Body be Bloody that shall be taken Begging Wandring or disordering him or herself and is declared by the Statutes to be a Rogue Vagabond or Sturdy Beggar 39 Eliz. 4. § N. 1 Jac. 7. § N. Crompt 96. Dalt 21. cap. 6. 155. cap. 66. 122. cap. 47. LXIII Lambert 209. 210. Drapery Upon any Information given to any Justice of the Peace against suspected Users of Logwood alias Blockwood such Justice may by his Warrant or other Commandment cause to come before him and examine by Oath or otherwise the Servants or Work-men of such suspected or others and on finding the same to Bind with Surety to the next Goal Delivery or Quarter Sessions of that County and on refusal to Commit to the next Goal c. 39 Eliz. 10. § 2. N. 2. Crompt 198. b. Dalt 48. cap 18. LXIV Lamb. 210. Every Justice of the Peace of any of the Counties on the North side of Trent hath some power in searching out the deceit of strayning or stretching those Country Clothes Kersies Cottons c. 39 Eliz. 20. § N. LXV Lamb. 210. Every Justice of Peace before whom any person Arrested for Manslaughter or Felony or Suspition thereof shall be brought Coron ought before Commitment to take Examinations c. in Writing and Bond to appear and give Evidence next Goal Delivery 2 3 Ph. Mar. 10. § 2. N. 2. Crompt 194. b. § 1. LXVI Lambert 292 293. Taxes The Assess made at the Easter Sessions of the Peace upon every Parish in the County shall yearly in default of the Parishioners and in default of the Constables there be rated by order of such Justice of Peace as shall
in open Sessions and shall commit him to Prison without Bail or Mainprise for three days and until that he become bound in 40 li. to some one Justice to perform such restraint 39 Eliz. 16. § 1. N 2. LXXXVII Lamb. 331. License Such two Justices may License diseased Persons living of Alms to travel without begging to Bath or to Buckstone for remedy of their Griefs 39 Eliz. 4. § 7. N. 1. Crumpt 198 ab 199. b. LXXXVIII Lamb. 331. By the oversight of any two Justices Ways and XII discreet Men of the Hundred and Hundreds adjoining any person within the Weald of Kent may make in his own Land a new High-way more Commodious then the old 14 H. 8. 6. § 2. N. 1. Crumpt 198. b. LXXXIX Lamb. 331. Drapery Two such Justices may once every year appoint Overseers for that whole year following of Cloth to be made or sold in any Town not being Corporate and may charge them upon their Oaths to see execution of some parts of the Statute yet in force 3 4 Ed. 6. 2. § 9. N. 1. Crumpt 198. b. Dalt 21. cap. 6. XC Lamb. 331 332. Within six days after Accusation had Religion That any person hath disturbed a Preacher and after his committing to safe custody by one Justice of the Peace another Justice of that Shire must join with him in the Examination of the Offender and may proceed to find him Guilty by his own confession or by two Witnesses and thereupon commit him to the next Goal for three months 1 Mar. 1. St. 2. cap. 3. § 5. N. 3. Crumpt 198. b. Dalt 102. cap. 41. 154. cap. 66. XCI Lamb. 332 333. Foul Games All the offences committed against 1 Jac. 27. made against shooting in Hand-Guns and for the preservation of the Game of Fesants and Partridges and against the destroying of Hares with Hare-pipes and tracking Hares in the Snow may be examined heard punished and determined by any two Justices of Peace out of the Sessions Dalt 87. cap. 37. 154. cap. 66. Taxes XCII Lamb. 333. If any person that ought to be set to the Subsidy do by craft or cunning escape the Taxation and that be proved before two Justices of Peace of that County then shall he be charged at the double value of so much as he ought to have been Taxed at and shall further be punished at the discretion of the said Justices 39 Eliz. 27. § N. And divers former Acts of Subsidy Pope XCIII Lamb. 333. Any two Justices of the Peace of the County where any of His Majesty's Subjects not being a Jesuit Seminary Priest or other Priest Religious or Ecclesiastical person c now being or which hereafter shall be of or brought up in any Colledge of Jesuits or Seminaries shall arrive within six months next after Proclamation to be made in that behalf in the City of London under the Great Seal of England may within two days next after such Return receive his submission under the Oath 1 Eliz. 1. § 19. 27 Eliz. 2. § 5. N. 1. Pope XCIV Lamb. 333 334. Any two Justices of Peace may require any Popish Recusant not making submission according to this Statute to abjure the Realm upon his Corporal Oath before them 35 Eliz. 2. § 8. N. 4. Pope XCV Lamb. 334. Any two Justices of the Peace of the County where he shall arrive may take the submission of a person reconciled to the See of Rome within six days after such persons return into this Realm and minister the Oath set forth 1 Eliz. 1. § 19. N. 4. 3 Jac. 4. § 24. N. 1. And are to certifie the same Oaths so taken at the next Quarter Sessions upon pain of forfeiture of 40 li. Pope XCVI Lamb. 334. Any two Justices of the Peace may search the Houses and Lodgings of every Popish Recusant Convict or of every person whose Wife is a Popish Recusant Convict for Popish Books and Reliques of Popery and deface them or if of value reserve to the General Sessions 3 Jac. 5. § 26. N. 1. Bail XCVII 1 2 Phil. Mar. 13. § 3. N. 1. Any Arrested for suspicion of Man-slaughter or Felony shall not be let to Bayl or Mainprise by any Justices of Peace if it be not in open Sessions except it be by two Justices of Peace at the least whereof one to be of the Quorum and the same Justices to be present together at the time of the said Baylment or Mainprise c. Lamb. 339. Crumpt 198. b. Joyndre XCVIII Lamb. 343 344. Out of Sessions and before Indictment a Justice of Peace was no Judge of Record by the Commission unless the Party were Prisoner c. And on the other side It seemeth that two Justices of the Peace the one of them being of the Quorum may out of the Sessions Bayl such as come into Prison by the Process of the Sessions made upon Penal Laws not forbidding Bayl because two such Justices be competent Judges of all those matters insomuch as they may hear and determine them Ale XCIX Lamb. 349. Two Justices of the Peace the one being of the Quortum may prohibit and remove common Ale-selling and may also allow the same taking Bond with Surety by Recognizance for good rule to be kept in such Ale-house c. by their discretion And may also Commit and Imprison for three days those that keep common Ale-selling of their own heads against Prohibition or without Allowance thereof and may after take Recognizance of them with two Surties that they shall keep none 5 6 Ed. 6. 25. § 1. N. 2. Crumpt 198 199. Dalt 21. cap. 6. Measures Weights C. Lamb. 351 352. Two Justices of the Peace so that the one be of the Quorum may by Examination or Inquiry hear and determine the defaults of Head-Officers in Cities Boroughs and Market-Towns that do not twice yearly view and examine Weights and Measures and break and burn the defective As also the defaults of Buyers and Sellers by other Weights and Measures then they ought to do and may break and burn the defective Weights and Measures and Amerce and Fine the Offenders by their discretion and make Process against them as if they were Indicted of Trespass against the Peace 11 H. 7. 4. § 1. N. 13. 12 H. 7. 5. § N. Crumpt 199. b. Dalt 22. cap. 6. 154. cap. 66. CI. Lamb. 352. Two Justices of the Peace the one being of the Quorum Sheriffs may take the Oath of the Under-Sheriff of their County before that he medle with the exercise of that Office as well of Supremacy 1 Eliz. 1. § 19. N. 4. as of Office 27 Eliz. 12. § N. CII Lamb. 352. Poor The Bishop and his Chancellor shall call the two Justices of Peace next inhabiting to any Hospital to assist them in taking the account of such as have had the Collection of the Revenues and Profits of
words Domino Regi and then upon the Forfeiture thereof the King shall have Execution accordingly 51. Dalt 171. 172. cap. 69. LI. Lamb. 103. Now if a Recognizance be ment to be taken for the Peace by a Justice of the Peace and yet do not contain within it or in the Condition thereof that it was taken for the keeping of the Peace it seemeth to be void as being then taken Coram non Judice because a Justice of the Peace hath not power to take Recognizances Generally but for matters concerning his Office specially and therefore Mr. Marrow addeth further that if the Recognizance be that the Recognizor shall not maim nor beat A yet it is not good because it ought to be for the keeping of the Peace and that may be broken otherwise as by Burning the House of A. or by such like Misdemeanor Dalt 171. cap. 69. LII Lamb. 103. 104. Although this Recognizance do not comprehend any time of appearance but be Generally to keep the Peace yet it is good in Law saith Mr. Marrow because the chief scope is the keeping of the Peace and the time is referred to the Discretion of the Justice but as 2 H. 7. 1. it was moved whether the Justice of Peace ought to bring in the Recognizance to the Custos Rotulorum that the Party might be called upon it So by 3 H. 7. 1. § 1. N. 26. It is plainly Enacted That every Recognizance taken for the Peace shall be certified at the next Sessions of the Peace that the Party may thereupon be called and his default if any happen may be recorded whereby it seemeth that every Recognizance of the Peace ought not to contain the appearance of the Party at the next Sessions and otherwise there may be some mischief for if the Party shall not so appear he is at Liberty without a new Arrest and not forth-coming to be bound over if it be so required Crumpt 141. b. 142. b. Dalt 172. cap. 69. LIII Lamb. 104. And by Mr. Marrow if the Recognizance contain a day of Appearance and yet have no Person named before whom the Party so Bounden shall appear then may he appear where he will before the Justices of the Peace which took the Recognizance of him LIV. Lamb. 104. If the Form of the Recognizance be in xx li. to be Levied only of the Goods or only of the Lands of the Recognizor it seemeth to be good enough for peradventure the words of the Goods only or the Lands only shall be taken to be void seeing that the very acknowledgment of the Sum of xx li. before a Judge enabled to take it both maketh it a Debt and implieth the Ordinary mean of Law to come unto it Dalt 172. cap. 69. LV. Lamb. 104. Ibid. If this Recognizance be taken to keep the Peace against one special Party only Mr. Marrow thinketh it good but advise well of it for the words in the Commission § 5. of the Peace now be to take Surety Erga nos populum nostrum Dalt 172. cap. 69. Recogn LVI Lamb. 105. For the better Eschewing of all Error in himself and bad dealing against the Party I wish the Justice to go via regia following the received Form which I take to be thus K. Memorand ' quod quarto die Julii Anno Regni c. R. P. de E. ' in Com' predict ' Yeoman in propria persona sua venit coram me I. L. Milite uno Justiciarior ' dicti Domini Regis ad Pacem in dicto Comitat ' Conservand ' assignat ' assumpsit pro seipso sub poena viginti librar ' H. I. de L. in Com' predict ' Yeoman I. H. de M. in eodem Comitatu Husbandman tunc ibidem in propriis personis suis similiter venerunt manuceperunt pro predict ' R. P. viz. quilibet eorum separatim sub poena C. solidorum quod idem R. P. personaliter comparebit coram Justiciariis dicti Domini Regis ad Pacem ad proximam Generalem Sessionem Pacis in Com' predicto ad faciend ' recipiend ' quod ei per Curiam tunc ibidem injungetur quod ipse interim pacem dicti Domini Regis custodiet erga ipsum Dom Regem cunctum populum suum precipuè versus M. N. de Ightham predict ' Yeoman quod Damnum vel malum aliquod corporale aut Gravamen prefato M. N. aut alicui de populo dicti Domini Regis quod in loesionem aut perturbationem Pacis ipsius Domini Regis cedere valeat quovismodo non faciet nec fieri procurabit Quam quidem Summam xx libr ' predict ' R. P. quilibet manucaptorum predictorum predictas separales Summas C. Solid ' recognoverunt se debere dicto Domino Regi de terris tenementis bonis catallis suis quorumlibet cujuslibet eorum ad opus dict' Domini Regis Heredum Successorum suorum fieri levari ad quorumcunque manus devenerint si contigerit ipsum R. P. premissa vel eorum aliquod in aliquo infringere inde legitimo modo convinci In cujus rei Testimonium ego predictus I. L. Sigillum meum apposui Dat' c. Dalt 369. cap. 123. 172. cap. 69. Or thus MEmorand ' quod 4 die c. A. B. de I. c. C.D. de eadem Yeoman venerunt coram me I.F. c. manuceperunt pro I.S. nuper de L. c. quod ipse personaliter comparebit coram me prefat ' I. F. vel sociis meis Justiciariis pacis Domini Regis ad proximam Generalem Sessionem c. quod ipse interim gerit pacem erga cunctum Populum Domini Regis precipuè erga R. B. c. viz. quilibet manucaptorum predictorum sub poena xx libr ' predict ' I. S. assumpsit pro seipso sub pena xl l quam quidem Summam xl li. predictus I. S. quilibet manucaptorum predictorum dictam summam xx libr ' recognoverunt c. Kilb. Presidents 191. Dalt 369. cap. 123. LVII Lamb. 107. And this may be well done also by a single Recognizance in Latine with a Condition added or Endorsed in English for the keeping of the Peace and for the day and place of the Appearance at the Quarter Sessions LVIII Dalt 368 369 370. cap. 123. A single Recognizance taken before Justices of the Peace C. MEmorand ' quod Die Anno c. venerunt coram me M. D. J. B. Armig ' Justiciar ' dicti Domini Regis ad pacem in Com' predict ' Conservand ' assignat ' J. S. de B. in Com' predict ' Yeoman W. S. de eodem Weaver ac R. D. de S. in Com' predict ' Taylor recognoverunt se debere Dicto Domino Regi viz. quilibet manucapt ' predict ' v libr ' predict ' J. S. x libr ' bonoe legalis monetoe Anglioe solvend ' eidem Domino Regi in Festo
of Fact or if Judgment be given against him on nihil dicit for any other Cause any of these are sufficient Convictions whereupon to recover his penalty for Convicted is here 23 Eliz. 1. § 5. N. 1. to be taken for attainted as 't is in many other Cases for until Judgment he shall forfeit nothing and altho he that is Convicted is not therefore attainted yet every one who is attainted or adjudged is Convicted and of such a Conviction is this Statute to be understood infra 233. Good-behavior XXX The Laws c. 63 64. Upon the words Be bound in 23 Eliz. 1. § 5. N. 2. Some have made a question and among them Mr. Shephard in his Sure Guide cap. 6. Sect. 5. by whom or in what Court the Recusant shall be bound to the good behavior by force of this Statute for that the Court is not expresly mentioned and Wingate Crown 44. hath stumbled upon a conceit that after Certificate made in B. R. a Justice of Assize Goal delivery or Peace shall bind the party to the good behavior and misrecites the Statute accordingly but it seemeth the intention of the Law makers was that he should be bound in B. R. and of that opinion is Dalt 192. § 5. cap. 75. tit good behaviour 2. For where any proceedings are appointed to be upon or after a Certificate sent to any Court there by Common intendment the proceedings are to be in that Court to whom the Certificate is sent if no other Court be named and it cannot be presumed by any reasonable construction of 23 Eliz. 1. § 5. N. 2. That the Certificate into B. R. is to any other end than for the Justices there to proceed in such manner as the Act directs to be done after such Certificate as no question they may in this Case as well as upon Certificate of a presentment or of refusal of the Oath of Supremacy against 5 Eliz. 1. § 5. N. 10. Supra 39. and t is a rule in Construction of Statutes that where the intention plainly appears the Law ought to be advanced according to its end tho the words be short and imperfect especially Laws made for Religion as is held Hob. 157. and 11 Co. in Magdalen Colledge Case and 2 Bulstrode 155. 3. Popish Recusants Convicted are not to be reputed sufficient sureties within 23 Eliz. 1. § 5. N. 2. and therefore were refused by the Court of B. R. in the Case of Griffith 2 Bulstrode 155. XXXI The Laws c. 64. An Usher or assistant in teaching is a Master in the School and seemeth to be included within the word School-Master 23 Eliz. 1. § 6. N. 1. and the following words here or teacher explain who is intended viz. Every teacher of youth 23 Eliz. 1. § 7. N. 2. Scholars XXXII The Laws c. 65. 66. Abr. 69. This limitation of time within one year and day 23 Eliz. 1. § 8. N. 1. Extends not to any offence made Treason by 23 Eliz. 1. but only to such offences mentioned in this Act or 1 Eliz. 1. 2. and 5 Eliz. 1. and 13 Eliz. 2. as concern the Kings Supremacy in Causes Ecclesiastical the service of God coming to Church or Establishment of Religion 2. And for those touching Religion 23 Eliz. 1. § 8. N. 1. enlargeth the time limited by 1 Eliz. 2. § 20. N. 1. which saith the party must be Indicted the next Sessions or 1 Eliz. 2. § 22. N. 1. If in a Corporation within fifteen dayes after Easter or Michaelmas for now he may be Indicted at any time within the year and day 3. But for absolving or withdrawing or for being absolved withdrawn or reconciled which are 23 Eliz. 1. § 2. N. 1. made Treason no time is limited for the prosecution but the offender may be Indicted at any time after the year and day for the latter part of 23 Eliz. 1. § 8. N. 2. Speaks of those offences of Treason which the Justices of Peace cannot hear and determine and there no time is limited altho there be in the former part 23 Eliz. 1. § 8. N. 1 for those offences which are inquirable by Justices of Peace 1 Leonard 238. pl. 322. Guilfords Case Justices XXXIII The Laws c. 66. 67. Abr. 70. Upon 23 Eliz. 1. § 9. N. 1. The Justices of the Court of B. R. are the Soveraign Justices of Oyer and Terminer and Goal-delivery 9 Co. 118. Lord Sanchers Case and therefore may enquire of hear and determine the offences against this Act altho they be not here especially named 2. If an Indictment be preferred upon this Statute 23 Eliz. 1. § 9. N. 1. before Justices of Oyer and Terminer or of Assize for any offence not made Treason or misprision and there is an Indictment before Justices of Peace likewise for the same offence the Judgment of the Justices who do first enquire hear and determine the same shall stand and the Judgment given by the other shall be void as was held in the like Case 2 Inst 739. Upon 31 Eliz. 7. § N. of Inmates 3. The power here given 23 Eliz. 1. § 9. N. 2. The Justices of Peace in their open Quarter Sessions to hear and determine the offence of not coming to Church is in force at this day notwithstanding 29 Eliz. 6. § 2. N. 2. which saith that every Conviction for not coming to Church shall be in B. R. or at the Assizes or general Goal-delivery and not elsewhere for 3 Jac. 4. § 7. N. 1. hath given power to Justices of Peace in their general or Quarter Sessions to enquire hear and determine of all offences for not coming to Church according to former Laws in such manner as the Justices of Assize and Goal delivery might do by former Laws in the Case of Recusancy for not repairing to Church which is clearly a reviver of the power of Justices of Peace given to them by 23 Eliz. 1. § 9. N. 2. to proceed against Recusants and taken from them by 29 Eliz. 6. § 2. N. 2. 4. Nor doth that following Clause 3 Jac. 4. § 7. N. 2. Touching Conviction by Proclamation impeach this or restrain the Justices of Peace to proceed to Conviction upon Proclamation only and default of appearance no more than the Justices of Assize or goal-delivery are restrained thereby or by 29 Eliz. 6. § 2. N. 5. which gives them likewise Authority to proceed by Proclamation 5. For these Clauses of 3 Jac. 4. § 7. N. 1. 2. are in the Affirmative viz. first that the Justices of Peace shall have power to hear and determine the offence of not coming to Church according to Laws in such manner as Justices of Assize and Goal-delivery might do and those Justices might hear and determine that offence according to this Statute 23 Eliz. 1. § 9. N. 1. and then comes the next Clause of 3 Jac. 4. § 7. N. 2. that the Justices of Peace shall have power to Convict by Proclamation which is
1. saith Mr. Marrow if the Indictee be imprisoned in another County the Justices of Peace may Award an Habeas Corpus to remove him before them XVII Lambert 518. Nosme But if it be mentioned in the Endictment that the Endictee is dwelling in another County by the Alias Dictus only then it is out of the Case of the Statute of 8 H. 6. 10. § 2. N. 1. because the Alias dictus is not to be traversed 1 Ed. 4. 1. Crompt 149 b. 150 a. XVIII Lambert 518 519. Supersedeas But yet you must prseuppose that all this Process of Utlary may be staid by Supersedeas And F.N.B. 237. E. hath the Case That if an Exigent go out upon an Endictment of Trespass found before Justices of the Peace the Party may find Sureties in the Chancery body for body to appear at the day of the Writ and may then also have a Supersedeas thence to the Sheriff commanding him to forbear to take him and to let him go if he then have already taken him for that Cause And Co. Entr. 546. The Process upon such an Endictment staid by a Supersedeas issuing from one Justice of the Peace alone and testifying that the Party came before him and found Surety de fine assidendo Crompt 150. But as I believe the former so will I not perswade the Practice of the latter because I think it not in the lawful power of any one Justice of Peace to Award any such Warrant but that it must be done by two Justices of Peace at the least the one being of the Quorum as the Commission now standeth XIX Lambert 519. Endictment It seemeth by Mr. Marrow that the Process at the Common Law upon Indictments of Felony was but one Capias and then an Exigent for so it was upon an Indictment of Death 22 Ass 81. Stanf. 67. 2. But the old Precedents grounding themselves upon the Statute 25 Ed. 3. St. 5. cap. 14. do use the mention of two Writs of Capias before the Exigent For 25 Ed. 5. Stat. 5. cap. 14. § 1. N. 2. provideth that after the retorn of Non est inventus upon the first Capias another Capias shall be incontinently Awarded whereby the Sheriff shall be commanded to seize the Chattels of the Indictee and safely to keep them till the day of the Capias retorned and if he then also retorn Non est inventus and the Endictee cometh not in the Exigent shall be Awarded and the Chattels shall be forfeited But 25 Ed. 3. St. 5. cap. 14. § 1. N. 5. if he come and yield him or be taken before the retorn of the second Capias then the Goods and Chattels shall be saved unto him Lieu. XX. Lambert 520. And here also the Justices of Peace have power to send into a foreign County 2. For whereas by the Common Law no man could be attached upon an Indictment or Utlary of Felony but only in the County wherein he was Indicted or Outlawed whereby many Evil men were much encouraged 3. The Statute 5 Ed. 3. 11. § 1. N. 2. did take order that Justices assigned to hear and determine Felonies might direct their Writs to any County in England to take such Endictees whither soever they were removed Crompt 149 b. 4. On the other side if the Endictment be found in one County and the Indictee is therein named to be then dwelling in another County supra it appears what Process is to be c. Information XXI Lambert 520 521. The power of making Process upon Informations proceedeth from special Statutes and may not therefore vary from their Directions although they themselves do vary greatly one from another 2. For upon an Information given for the King before Justices of the Peace upon 8 Ed. 4. 2. § N. of Liveries they shall Award such Process as is made upon an Original Writ of Trespass done against the Kings Peace because the Information it self is by force of that Statute instead of an Original Writ Crompt 151. 3. And upon Information made unto them that an Alehouse-keeper hath done any act whereby he hath forfeited his Recognizance they may as supra Award Proces against him to shew Cause why he should not forfeit his Recognizance by 5 6 Ed. 6. 25. § 3. N. 2. but learn if that be meant of a Scire Facias or of some other Process Supplicavit XXII F. N. B. 250. G. And if a Man be Indict of Trespass before Justices of Peace and put in Prison by Process made thereon he may sue a Writ in the Chancery directed to the Sheriff that he take Surety of him to appear before the Justices at the Sessions c. and that he let him at large but the Justices of Peace may let him by Mainprise go at large if they will Certiorari 2. F. N. B. 250. H. And if a Man be Indicted of Trespass before Justices of Peace and be taken and put in Prison therefore he may sue a Certiorari to remove this Indictment in B. R. directed to the Justices of Peace and a Writ of Habeas Corpus directed that he bring the Record at his proper Charges before the King at the same day in his Bench c. Crompt 150. Market overt 3. F. N. B. 250. ◠And if a Man be Indicted of Forestalling and taken and put in Prison therefore he may sue a Writ in Chancery directed to the Sheriff that he take surety of him to appear before the Justices to answer of the Trespass c. and that then he may let him at large Crompt 150. infra Arrest XXIII Lambert Constable 16 17. And as these Officers ought to Arrest those that do make assault upon any private Person so also may they Arrest any such as shall make Assault or Affray upon themselves whilst they be in doing their Offices and may for that purpose both lawfully defend themselves and also take the Offenders and commit them to the Goal or carry them to a Justice of the Peace for the finding of Surety of the Peace 2. But if one do Assault a man in or nigh the High-way to rob him and be taken by the true man or by any other and be brought to the Constable or such other Officer of the Peace then ought such Officer not only to take him to his Ward but also to carry him before a Justice of Peace to cause him to give Surety of his good abearing 3. So if any man do suspect another of Murder or Felony and do declare the same to any such Officer of the Peace then such Officer may Arrest the suspected person and he shall do well do carry him to a Justice of the Peace together with him that doth suspect him to the end that they both may be Examined as appertaineth supra 4. Yea any Constables Borsholders Tythingmen c. may search within the Limits of his Authority for any persons suspected of Felony for it is a chief
§ 1. N. 26. it is plainly Enacted That every Recognizance taken for the Peace shall be certified at the next Sessions of the Peace that the Party may thereupon be called and his default if any happen may be Recorded whereby it seemeth that every Recognizance of the Peace ought not to contain the Appearance of the Party at the next Sessions Dalt 172. cap. 70. 5. And otherwise there may be some Mischief for if the Party shall not so appear he is at liberty without a new Arrest and not forth coming to be bound over if he be so required 6. And by Mr. Marrow if the Recognizance contain a duty of Appearance and yet have no person named before whom the Party so bounden shall appear then may he appear where he will before the Justice of Peace which took the Recognizance of him Dalt 172. cap. 70. 7. Again If the form of the Recognizance be in 20 l. to be levied only of the Goods or only of the Lands of the Recognizor it seemeth to be good enough for peradventure the words of the Goods only or Lands only shall be taken to be void seeing that the very acknowledgment of the sum of 20 l. before a Judge enabled to take it both maketh it a Debt and implyeth the ordinary mean of Law to come unto it Dalt 172. cap. 70. 8. So if this Recognizance be taken to keep the Peace against one special Party only Mr. Marrow thinketh it good but advise well of it for the words in the Commission of the Peace now be to take Sureties Erga nos Populum nostrum Dalt 172. cap. 70. III. Lambert 105 106. I wish the Justice to go via Regia Appearance following the received form Which I take to be thus Kanc. ss Memorand ' quod quarto die Julij Anno Regni Domini nostri Jacobi Dei gratia c. R. P. de E. in Comitatu predict ' Yeoman in propria persona sua venit coram me J. L. Milite uno Justiciariorum dicti Domini Regis ad Pacem in dicto Comitatu conservand ' Assignat ' assumpsit pro seipso sub poena viginti librarum J. H. de L. in Comitatu predict ' Yeoman J. F. de M. in eodem Comitatu Husbandman tunc ibidem in proprijs personis suis similiter venerunt manuceperunt pro predict ' R.P. videlicet Quilibet eorum separatim sub poena C. solid ' quod Idem R. P. personaliter comparebit coram Justiciarijs dicti Domini Regis ad Pacem ad proximam generalem Sessionem Pacis in Comitatu predicto ad faciendum recipiendum qd ' ei per curiam tunc ibidem injungetur quod ipse interim Pacem dicti Domini Regis custodiat Erga ipsum Dominum Regem cunctum populum suum precipuè versus M. N. de Ightham predict ' Yeoman quod Damnum vel Malum aliquod Corporale aut Gravamen prefato M. N. aut alicui de populo dicti Domini Regis quod in Laesionem aut perturbationem Pacis ipsius Domini Regis cedere valeat Quovismodo non faciet nec fieri procurabit Quam quidem summam 20 libr. predict ' R.P. quilibet manucapt ' predictorum predictas seperales summas C. solid ' Recognoverunt se debere dicto Domino Regi de terris tenementis Bonis Catallis suis Quorumlibet cujuslibet eorum ad opus dicti Domini Regis heredum successorum suorum fieri levari ad quorumcunque manus devenerit si contigerit Ipsum R. P. premissa vel eorum aliquid in aliquo infringere inde legitimo modo convinci In cujus rei testimonium Ego predict ' J. L. Sigillum meum apposui Dat' c. Kilb. Precedents 191. 2. Or thus a little different in Form Kanc. ss Memorand ' quod quarto die c. A. B. de Ightham c. C. D. de eadem Yeoman venerunt coram me J. F. c. manuceperunt pro J. S. nuper de L. C. quod ipse personaliter comparebit coram me prefat ' J. F. vel socijs meis Justiciarijs Pacis Domini Regis ad proximam generalem Sessionem c. quod ipse interim geret Pacem erga cunctum populum Domini Regis precipuè erga B. B. c. videlicet quilibet manucapt ' predict ' sub poena xx libr. predict ' J. S. Assumpsit pro seipso sub poena xl libr. quam quidem summam xl libr. predict ' J. S. quilibet manucapt ' predictorum dictam summam xx libr. Recognoverunt c. 3. And this may well be done also by a single Recognizance in Latin with a Condition added or endorsed in English for the keeping of the Peace and for the day and place of the Appearance at the Quarter Sessions Supplicavit IV. Lambert 107 108 109. If the Surety were taken by vertue of a Supplicavit then must the Justice of Peace being in this Case but a Minister make retorn of the Writ and Certificate of his doing into the Court from whence the Supplicavit did proceed c. 2. First let him note on the back of the Supplicavit thus Executio istius brevis patet in quadam Schedula eidem brevi annexa Dalt 173. cap. 70. Then may the Schedule be thus Ego T. F. Miles unus Custodum Pacis Domini Regis in Comitatu K. Certifico in Cancellariam dicti Domini Regis me virtute istius brevis mihi per A. B. in eodem brevi nominatum primo deliberati personaliter coram me die loco c. venire fecisse T. R. in dicto brevi nominatum ac eundem T. ad sufficientem securitatem manucaptores pacis inveniend ' secundum formam dicti brevis videlicet c. as the Writ which is of divers forms shall appoint Compulisse In cujus rei testimonium hujus presenti Certificationi meae Sigillum meum apposui Datum apud D. predict ' in Com' predict ' 25 die Februarij Anno Regni c. 3. And if a Certiorari be directed out of the Chancery to the Justice of Peace for removing this Recognizance because it was not sent up together with the Certificate as there was no necessity that it should then that Writ also may be thus answered Upon the back of the Writ thus Virtute istius brevis Ego P. H. unus Custodum Pacis Domini Regis in Com. K. tenorem securitatis Pacis unde infra fit mentio dicto Domino Regi in Cancellariam suam sub Sigillo meo distinctè apertè mitto prout patet in Schedula huic brevi consuta The which Schedule may be thus Memorand ' quod xx die Junij reciting the whole Recognizance to the end then in Cujus rei testimonium Ego predict ' P. H. Sigillum meum apposui Dat' c. 4. And this form may serve also where a Certiorari is brought to a Justice of Peace to remove a
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
Authority of this present Parliament 4 H. 7. C. 12. Item The King our Soveraign Lord considereth that by the negligence Justices misdemeaning favour and other Inordinate Causes of Iustices of Peace in every Shire of this his Realm the Laws and Ordinances made for the politick-weal peace and good-rule of the same and for the profit surety and restful living of his Subjects of the same be not duly Executed according to the tenor and effect of that they were made and ordained for § 1. N. 2. Wherefore his Subjects been greivously hurt Prerog and out of surety of their Bodies and Goods to his great displeasure for to him is nothing more joyous than to know his Subjects to live peaceably under his Laws and to encrease in Wealth and Prosperity § 1. N. 3. And to avoid such Enormities and Injuries Peace so that his said Subjects may live restfully under his Peace and Laws to their Encrease § 1. N. 4. He will that it be Ordained and Enacted by Authority of this said Parliament Days that every Iustice of Peace within every Shire of this Realm within the Shire where he is Iustice of Peace do cause openly and solemnly to be proclamed yearly four times a year in four principal Sessions the tenor of this Proclamation to this Bill annexed § 1. N. 5. And that every Iustice of Peace being present at any of the said Sessions Justices if they cause not the said Proclamations for to be made in form abovesaid shall forfeit unto our Soveraign Lord at every time twenty shillings § 2. N. 1. Henricus Dei Gratia c. The King our Soveraign Lord considereth Execution how daily within this Realm his Coin is Traiterously Counterfeited Murders Robberies Felonies been greivously committed and done and also unlawful Reteyners Idleness unlawful Plays Extortions Misdemeanings of Sheriffs Escheators and many other Enormities and unlawful Demeanings daily grown more and more within this Realm to the great Displeasure of God Hurt and Impoverishing of his Subjects and to the Subversion of the Policy and good Governance of this his Realm for by these sad Enormities and Mischeifs his Peace is broken his Subjects troubled inquieted and impoverished the Husbandry of this Land decayed whereby the Church of England is upholden the Service of God continued every man thereby hath his sustenance every Inheritor his rent for his Land Process For repressing and avoyding of the said mischeifs sufficient Laws and Ordinances been made by Authority of many and divers Parliaments holden within this Realm to the great cost of the King § 2. N. 2. his Lords and Commons of the same and lacketh nothing but that the said Laws be not put in due execution which Laws ought to be put in due execution by the Iustices of Peace of every Shire of this Realm to whom his Grace hath put and given full authority so to do sith the beginning of his reign Justices And now it is come to his knowledg § 2. N. 3. that his Subjects be little cased of the said mischeifs by the said Iustices but by many of them rather hurt than helped and if his Subjects complain to these Iustices of Peace of any wrongs done to them they have thereby no remedy and the said mischeifs do increase and be not subdued Peace And his Grace considereth § 2. N. 4. that a great part of his wealth and prosperity of his Land standeth in that that his Subjects may live in surety under his Peace in their bodies and goods and that the Husbandry of this Land may increase and be upholden which must be had by due execution of these Laws and Ordinances chargeth and commandeth the Iustices of the Peace of this his Shire to endeavour them to do and execute the tenor of their Commission and the said Laws and Ordinances ordained for the subduing of the premises as they will stand in love and favour of his Grace and in avoyding of the pains that are ordained if they do the contrary Process And moreover he chargeth and commandeth § 2. N. 5. that every man what degree or condition that he be of that let them in word or deed to execute their said authority in any manner and form abovesaid that they shall shew it to his Grace and if they do it not and it come to his knowledg by other than by them they shall not be in his favour but taken as men out of credence and be put out of Commission for ever Execution And over this he chargeth and commandeth all manner of men as well the poor as the rich which be to him all one in due ministration of Iustice that is hurt or grieved in any thing § 2. N. 6. that the said Iustice of Peace may hear determine or execute in any wise that he so grieved make his complaint to the Iustice of Peace that next dwelleth unto him or to any of his fellows and desire a remedy Justices And if then he have no remedy § 2. N. 7. if it be nigh such time as his Iustices of Assizes come into that Shire that then he so grieved shew his complaint to the same Iustices Chancery And if then he have no remedy § 2. N. 8. or if the complaint be made long afore the coming of the Iustices of Assize then he so grieved come to the Kings Highness or to his Chancellor for the time being and shew his grief Process And his said Higness then shall send for the said Iustice to know the cause why his said Subjects be not eased and his Laws executed § 2. N. 9. whereupon if he find any of them in default of executing of his Laws in the premises according to his Highness commandment he shall do him so offending to be put out of the Commission and further to be punished according to his merits Justices And over that his said Highness shall not let for any favour § 2. N. 10. affection cost charge nor other cause but that he shall see his Laws to have plain and true execution and his Subjects to live in surety of their lands bodies and goods according to his said Laws and the said mischeifs to be avoyded that his Subjects may increase in wealth and prosperity to the pleasure of God Measures And that the Iustices of Peace of every Shire of England have full authority and power to inquire hear 7 H. 7. cap. 4. § 1. N. 12. or determine the said defaults viz. in Weights and Measures c. Games And that the Housholder where Dicing Carding Tennis-playing 11 H. 7. C. 2. § 1. N. 14. Bowls Clash or any other unlawful games afore rehearsed shall be used owise than is afore rehearsed viz. in Christmas in the presence of the Master and that lawfully be presented before the Iustices of Peace the Mayor Sheriff in his Turn
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
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
of this present Parliament the Towns and Places wherein they shall think most necessary to have a common Goal newly edified and made 2 Inst 705 706. and 5 Eliz. 24. cap. § 3. N. 1. Notice And be it further Enacted § 4. N. 1. That several Commissioners under the Kings great Seal with this present Act thereto affiled shall be directed to the Iustices of Peace of the Shires aforenamed authorizing them to accomplish and execute this present Act according to the tenor thereof in every behalf Imprisonment Be it further Enacted c. § 7. N. 1. That like Provision in every behalf be had for a new Goal to be made within the County of Derby in like form as is provided for other Shires aforesaid Ale And that every Beer-Brewer and Ale-Brewer shall not take over and above for every such Barrel Kilderkin C. 4. § 5. N. 1. or Firkin of Ale and Beer but after such Prizes and Rates as shall be thought convenient and sufficient by discretions of the Iustices of Peace within every Shire where such Beer-Brewer and Ale-Brewer shall dwell without any City Borough or Town Corporate where no head-Officers as Mayors Bailiffs Sheriffs and other head-Officers have no Authority or Rule 8 Eliz. 9. § 5. N. 1. Cap. 5. § 5. N. 2. And before he viz. Commissioner of Sewers shall take upon him the Execution of the said Commission Sewers he shall take a Corporal Oath before the Lord Chancellor or before such to whom the said Lord Chancellor shall direct the Kings Writ of Dedimus Potestatem to take the same or before the Iustices of the Peace in the Quarter Sessions holden in the Shire where such Commissions shall be directed c. Cap. 8. § 2. N. 2. And if it shall happen any person Mettle c. for prosecuting any Suit or Action upon this Statute viz. against Tinners that do not make sufficient Hatches and Tyes for Gravel c. or by occasion of the same hereafter to be imprisoned by any manner of person c. being Officers or Ministers of the Stannery their Deputies or Substitutes that then every of the Iustices of Peace within any of the Counties aforesaid viz. Devonshire or Cornwal wherin the said Prisoner shall happen to be Committed to Prison upon credible Information thereof taking Surety by his descretion for Appearance of such Prisoner at the next general Sessions of the Peace shall have Power c. as well to direct his Warant to the Goaler c. as to any other Person to whom the said Prisoner shall be committed unto commanding him c. upon pain c. of 40 l. to deliver and put at large the said Prisoner c. 27 H. 8. Cap. 23. § 4. N. 1. § 2. N. 6. And if it shall appear upon the Appearance of such Prisoner at the Quarter Sessions by examining of the Iustices of Peace there being Justices that he was imprisoned contrary to the form of this Statute then he shall be forthwith dismissed and thereby discharged and if he were lawfully Imprisoned for any other just Cause then to be remanded to Prison by the discretion of the said Iustices 27 H. 8. Cap. 23. § 4. N. 3. Cap. 1◠§ 3. And be it Enacted c. that the Lord Chancellor of England Sewers c. at all times c. upon request to him to be made by the Mayor and Commonalt◠of the said City viz. of York and Town viz. of Hull or by any other Citizen and Burgess of the said City and Town c. or other person by them under the common Seals of the said City and Town Authorised shall have Power and Authority by his discretion to make and direct like Commission viz. as for Surety unto eight sad and discreet persons whereof four of them be of the Citizens and Inhabitants of the said City and Town and the other four to be Iustices of Peace whereof two to be of the West-Riding and the other two of the East-Riding of the County of York not of Fee nor retained with the said City or Town that they eight seven six five or four of them whereof two of them shall be of the said City and Town and the other two Iustices of Peace the one of the East-Riding the other of the West-Riding of the said County by Virtue of the said Commission shall and may the said Owners assign and appoint to pull up and redress viz. in the River of Ouse and the water of Humber or cause to be pulled up and redressed within thirty days after monition given to the said Owners by the said Commissioners or by such of them taking the charge of the Execution of the said Commission such and as much of the said Fish-gart his and other Impediments to be made in the said Waters viz. of Ouse and Humber to the Let Disturbance Damage or Ieoperdy of any Ships Keyls Boats or any other Vessels passing or repassing to or from the said City of York to the said Town of Hull as by them shall be thought meet and convenient 24 H. 8. C. 1◠§ 2. N. 4. And if the Offence Fowle viz. not endeavouring to destroy Crows Rooks and Choughs be done contrary to this Statute by any person c. which shall dwell and have the Manurance of and in such Mannors Meases Lands Tenements or Hereditaments whereunto such Leets Law-days Rapes and Courts do not belong or by reason whereof any such Courts be not holden that then upon a Presentment thereof had before the Sheriffs c. or Iustices of Peace in their Sessions c. the Iustices of Peace or two of them at the least if the Presentment be before them in their Sessions shall assess and set the said Amerciament after the quantity of the Offence by their discretions c. Justices And further be it Enacted § 5. N. 1. c. That as well the Iustices of the Peace in their Sessions c. to be hereafter holden before them or any of them shall give in Charge to the Tenants and Inhabitants and all other appearing before any of them that they shall duly inquire and put in execution the effect of the Premises in due time viz. yearly so that this Act may be fully executed and Choughs Crows and Rooks thereby destroyed in all parts of this Realm c. Fowle And if any such Owner or Farmer viz. on whose Grounds Rooks § 7. N. 2. Choughs or Crows be killed refuse to pay the said mony accordingly as is aforesaid viz. two pence for twelve a penny for six a half-penny for three old Rooks Choughs or Crows killed then upon Complaint and Proof thereof made to any of the Iustices of Peace or High-Constable the said Iustice of Peace or High-Constable shall cause the said mony to be levyed by distress of the Goods and Cattels of every such Farmer or Owner refusing to pay the same
according to the Tenor and Effect of this Act. Coron And that Iustices of Peace shall have Power and Authority within the limits of their Commissions and Iurisdiction 25 H. 8. C. 6. § 1. N. 5. to hear and determine the said Offence viz. of Buggery with Mankind or Beast as they do use to do in Cases of other Felonies Fowle And be it Enacted C. 11. § 3. N. ◠c. that all Iustices of the Peace within the limits of their Commissions shall have Power and Authority to inquire hear and determine the Offences aforesaid viz. taking Wild-fowle with Nets between the last of May and the last of August or their Eggs c. like as they commonly use to do in Cases of Tresspass Cattel And it is further Enacted C. 13. § 5. N. 1. that the Iustices of Peace of every Shire shall have Power and Authority to inquire of the Offenders of this Act viz. keeping above two thousand Sheep as well by the Oaths of twelve men as by Information of any of the Kings Subjects and to make such like Process upon every Presentment or Information concerning this Act as they use commonly to do upon Presentments before them of Trespass Bayl. Or else in their viz. the Ordinary's default if they refuse C. 14. § 8. N. 2. c. viz. to Bail an Heretick then by discretion of two Iustices of Peace of that Shire where such persons so accused or presented shall inhabit by four sufficient Sureties to be bounden to the Kings use by Obligation or Recognizance to appear before the Ordinaries at such days c. as shall be limited in the said Bonds c. Sewers And that the Kings Iustices of Peace within every of the said Counties of Glocester and Sommerset at their Quarter Sessions 26 H. 8. 5. § 2. N. 1. shall have full Power and Authority to call before them all such persons which hereafter shall keep any of the said Passages or any other Ferry or Passage over the said Water viz. the Severn into Wales or the said Forest viz. of Dean or out of Wales or the said Forest into England and to bind them with sufficient Sureties with them in Recognizance in such sums of mony as it shall seem to the discretion of the said Iustices of Peace that they and every of them being Passengers and Keepers of Ferries and Passages as is aforesaid from henceforth shall not after the said times before limited and appointed viz. beeween Sun setting and Sun-rising convey or carry or cause to be conveyed or carried any manner of person or persons or any kind of Cattel but such persons as they do know and will answer for and know where their Abidings Dwellings and Habitations be and upon request made to them or any of them as is aforesaid shall from time to time disclose as well the same person or persons as the Goods and Cattels so passing the said Passages upon fresh suit made or hereafter to be made upon any Felony Murder or Robbery committed and done in the Borders of the Counties aforesaid or in any other place within this Realm or South-Wales Behavior Be it therefore Enacted 26 H 8. C. 12. § 4. N. 1. c. that every such person and persons within such Orders of Sub-Deacon or above being convict of any pety Treason or of any Murder of Malice prepensed or of any the said Felonies above rehearsed viz. 23 H. 8. 1. § 4. N. 2. or of any accessary to pety Treason c. before any Lord Marcher Steward Lieutenant Deputy or other Iustice or Officer within Wales or within any other place City Town Honour Lordship or Mannor within the Kings Dominion where no Iustices of the Peace and of the Quorum be and thereupon the same Convict admitted unto his Clergy that the same person or persons so being within such holy Orders and Convict c. and delivered unto the Ordinary as Clerk Convict for the same shall or may find two Sureties by Recognizance for his good abearing before two of the Kings Iustices of Peace whereof one to be of the Quorum in the Shire where the said Convict is or shall be kept in the Ordinaries Prison if the same Prison be within the Shire-ground where Iustices of the Peace and of the Quorum be or else before two of the Kings Iustices of Peace whereof one to be of the Quorum in the next Shire adjoyning unto the same Prison 27 H. 8. C. 5. § 1. N. 2. For redress and amputation whereof viz. Of the Increase of Robberies Coron c. and to the intent that one Order of ministring his Laws should be had c. as in other places of this Realm of England c. It is Ordained c. That the Lord Chancellor of England or the Lord Keeper of the Great Seal for the time being from time to time and all times shall have full power and authority by his discretion to nominate and appoint Iustices of the Peace Iustices of the Quorum and Iustices of Goal delivery in the said Counties of Chester Flint Anglesey Caernarvan Pembroke and Glamorgan by Commission under the Kings Great Seal which shall have full power and authority to inquire hear and determin all manner of thing and things inquirable presentable or determinable before Iustices of Peace Iustices of Quorum and Iustices of Goal delivery in other Shires of the Realm of England by force or vertue of any Statute or Statutes made or to be made or by the course of the Common Laws of this Realm C. 16. § 1. N. 2. Or else viz. Bargain and Sale to be inrolled within the same County or Counties where the same Manors Lands Inrolment or Tenements so bargained and sold lie or be before the Custos Rotulorum and two Iustices of the Peace and the Clerk of the Peace of the same County or Counties or two of them at the least whereof the Clerk of the Peace to be one C. 20. § 1. N. 5. And in case the Ordinary of the Diocess or his Commissary Tyths or the Archdeacon or his Official or any other competent Iudge aforesaid viz. in Suit for Subtraction of Tythes for any contempt contumacy or disobedience or other misdemeanour of the party defendant make information and request to any of the Kings most honorable Council or to the Iustices of the Peace of the Shire where such Offender dwelleth to assist and aid the same Ordinary Commissary Arch-Deacon Official or Iudge to order or reform any such Person in any Cause before rehearsed that then he of the Kings said honorable Council or such two Iustices of the Peace whereof one to be of the Quorum to whom such Information or request shall be made shall have full power and authority by vertue of this Act to attach or cause to be attached the Person or Persons against whom the Information or request shall be
they shall think meet and convenient Licence And that none § 1. N. 3. c. shall be admitted or suffered to keep any common Ale-house or Tipling-house but such as shall be thereunto admitted and allowed in the open Sessions of the Peace or else by two Iustices of the Peace whereof ene to be of the Quorum Recognizance And that the said Iustices of the Peace or two of them § 1. N. 4. whereof one to be of the Quorum shall take Band and Surety from time to time by Recognizance of such as shall be admitted and allowed hereafter to keep any common Ale-house or Tipling-house as well for and against the using of unlawful Games as also for the using and maintenance of good Order and Rule to be had and used within the same as by their discretion shall be thought necessary and convenient Certificate And the said Iustices shall certify the same Recognizance at the next Quarter Sessions of the Peace to be holden within the same Shire § 2. N. 1. c. where such Ale-house or Tipling-house shall be Records The same Recognizance there to remain of Record before the Iustices of Peace of that Shire § 2. N. 2. c Forfeiture Vpon pain of Forfeiture to the King for every such Recognizance taken and not certified three pounds six shillings and eight pence § 2. N. 3 Justices And it is further Enacted c. that the Iustices of Peace of every Shire § 3. N. 1. c. where such Recognizance shall be taken shall have Power c. in their Quarter Sessions of the Peace by Presentment Information or otherwise by their discretion to enquire of all such persons as shall be admitted and allowed to keep any Ale-house or Tipling-house and that be bound by Recognizance c. if they or any of them have done any act or acts whereby they or any of them have forfeited the same Recognizance Process And the said Iustices of every Shire and Places where they be Iustices shall upon every such Presentment or Information § 3. N. 2. award Process against every such person so presented or complained upon before them to shew why he should not forfeit his Recognizance Justices And shall have Power § 3. N. 3 c. to hear and determin the same by all ways and means as by their discretion shall be thought good Imprisonment And it is further Enacted c. that if any person § 4. N. 1. c. other than such as shall be hereafter admitted or allowed by the said Iustices shall c. obstinately and upon his own Authority take upon him c. to keep a common Ale-house c. or shall contrary to the Commandment of the said Iustices or two of them use commonly selling of Ale and Beer that then the said Iustices of Peace or two of them whereof one to be of the Quorum shall for every such Offence commit every such person c. to the Common-Goal c. there to remain without Bail or Mainprize by the space of three days 3 Car. 1. Cap. 3. 4 § 1. N. 6. Certificate And the said Iustices shall make Certificate of every such Recognizance and Offence at the next Quarter Sessions § 5. N. 1. c. where the same shall be committed or done Process Which Certificate shall be a sufficient Conviction in Law of the same Offence § 5. N. 2. Execution And the said Iustices of Peace upon the said Certificate made § 5. N. 3 shall in open Sessions assess the Fine for every such Offence at twenty shillings Wine Nor that it shall be lawful to any person c. to keep any Tavern 7 Ed. 6. C. 5. § 3. N. 1. or to sell or utter any Wine by Retayl c. in any City Borough Port Town or Market-Town not Corporate within the Realm of England or Wales or in the said Towns of Gravesend Sittingborn or Bagshot but only such person c. as thereto shall be assigned c. by all or most part of the Iustices of Peace for the time being of such Shire or County where such Tavern or selling of Wine by Retayl shall be had or allowed as shall be present at the general Sessions for the time being to be holden in every of the said Shires or Counties 12 Car. 2. Cap. 25. § 3. N. 7. The said Assignment Licence c. to be had and made in full Session by writing under the several Seals of every of the said Iustices and to be continued altered or changed c. viz. at the pleasure of the Majority § 6. N. 1. And it is further Enacted Justices c. that the Iustices of Peace of every Shire or County City and Town-Corporate in their several Sessions and the Stewards in every Leet and the Sheriff in his Turn and every Escheator shall have full Power c. to inquire by the Oaths of twelve men of all and every Offence and Offences perpetrated or done contrary to the form of this Act. C. 11. § 11. N. 4. And be it further Enacted Coron c. viz. because good and beneficial that all c. the said several Acts c. viz. 3 4 Ed. 6. 5. Of Riots c. and all Clauses c. shall be revived c. untill the last day of the next Parliament 1 Mar. 1. St. 2. C. 3. § 5. N. 2. And that the said Iustice of Peace viz. before whom any is brought for disturbing Preacher Religion breaking Altar c. upon due Examination thereupon had and made by the Apprehendor c. or other person c. of any of the said persons c. so offending forthwith shall commit the said person c. so apprehended to safe keeping c. as by the discretion of the said Iustice shall be thought most meet and convenient § 5. N. 3. And that within six days next and immediately after the said Accusation so had and made to the said Iustice Process the said Iustice with one other Iustice of the said Shire City Borough Liberty or Town-Corporate shall diligently examin the act or acts offence or offences aforesaid Cap. 8. Where in one Act of Parliament c. viz. 1 Ed. 6. 7. § 4. N. 1. Dignity It is Ordained c. that albeit any person or persons being Iustice of Assize Iustice of Goal-delivery or Iustice of Peace within any of the Kings Dominions or being in any other of the Kings Commissions whatsoever shall fortune to be made Duke Arch-Bishop Marquis Earl Viscount Baron Bishop Knight Iustice of the one Bench or of the other or Serjeant at the Law or Sheriff yet that notwithstanding he and they should remain Iustice and Commissioner and have full Power and Authority to execute the same in like manner and form as he or they might and ought to
such Bastard shall be born upon examination of the Cause and Circumstance shall and may by their discretion take order as well for the punishment of the Mother and reputed Father of such Bastard Child as also for the better relief of every such Parish in part or in all 39 Eliz. Cap. 4. § 1. N. 1. 3 Car. 1. Cap. 4. 5. § 15. N. 2. § 2. N. 3. And shall and may likewise by like descretion Poor take order for the keeping of every such Bastard Child by charging such Mother or reputed Father with the payment of mony weekly or other sustentation for the relief of such Child in such wise as they shall think meet and convenient § 2. N. 4. And if after the same Order by them subscribed under their hands Imprisonment any the said persons viz Mother or reputed Father upon notice thereof shall not for their part observe and perform the said Order that then every such party so making default in not performing of the said Order to be committed to Ward to the common Goal § 5. N. 3. And that likewise in every other Market-Town or other Place viz. not Corporate within every County of this Realm Justices whereto the Iustices of Peace or greater part of them in their general Sessions next after Easter within every limit shall be thought meet and convenient a like competent store and stock of Wool Hemp Flax Iron or other Stuff as the Country is most meet for by Appointment and Order of the said Iustices of Peace or the greater part of them in their general Sessions of all the Inhabitants within their several Authorities to be taxed levyed and gathered shall be provided viz. for the Poor § 6. N. 1 And moreover be it Ordained Poor c. that within every County of this Realm one two or more abiding houses or places convenient in some Market-Town or Corporate-Town or other place c. by Purchase Lease Building or otherwise by the appointment and order of the Iustices of Peace or the more part of them in their said general Sessions of Inhabitants within their several Authorities to be taxed levyed and gathered shall be provided and called the house or houses of Correction § 7. N. 1. And be it also further Enacted Officer c. that the said Iustices of Peace or the more part of them in their said general Sessions in every County shall and may appoint from time to time persons which shall be Overseers of every such house of Correction c. § 7. N 2. And shall also Taxes c. appoint others for the gathering of such mony as shall be taxed upon any person c. towards the maintenance of the said houses of Correction § 15. N. 1. Provided always and be it Enacted Justices c. that if any Iustice of the Peace assembled at any the said Sessions next after Easter shall from thence depart before conference had touching the Execution of this Statute he shall for every such Offence forfeit 5 l. to be recovered and levyed as a Fine upon Indictment and Conviction of Trespass c. Information And that Iustices of Oyer and Terminer C. 5. § 4. N. 4. Iustices of Assize in their Circuits and Iustices of Peace in their quarter Sessions shall have full Power and Authority to hear and determine all Offences to be committed or done viz. in Suits upon any Penal Statutes contrary to the true intent and meaning of this present Act. Ways And be it further Enacted c. that all and every Iustices of Assize C. 10. § 9. N. 1. Iustices of Oyer and Terminer Iustices of Peace in the Sessions and Stewards of Leets and Law-days in their Leets and Law-days shall hear and determine all and every Offence Matter and Cause that shall grow come or rise by reason of this Statute viz. of amending High-ways Pope And be it likewise Enacted 23 Eliz. C. 1. § 8. N. 1. that all and every Offences against this Act or against the Acts c. viz. 1 Eliz. Cap. 1. 5 Eliz. Cap. 1. 13. Eliz. Cap. 2. c. touching acknowledging her Majesties supreme Government in Causes Ecclesiastical or other matters touching the Service of God or coming to Church or Establishment of true Religion in this Realm shall and may be inquirable as well before Iustices of Peace as other Iustices named in the same Statutes within one year and a day after every such Offence committed any thing c. notwithstanding Justices And Iustices of Peace in their open quarter Sessions of Peace § 9. N. 2. shall have Power by vertue of this Act to inquire hear and determine of all Offences against this Act except Treason and misprision of Treason Slander And also that all Iustices of Peace as well within Liberties as without C. 2. § 8. N. 1. within the limits of their several Commissions in their general or quarter Sessions shall by vertue hereof have full Power and Authority to inquire of all and every the Offences aforesaid viz. of false News and Prophesies against the Queen c. and to cause the Offender c. therein to be indicted without any further proceeding therein Imprisonment And that also every Iustice of Peace within the limits of his Commission § 8. N. 2. shall have full Power and Authority to commit any person being vehemently suspected of any of the said Offences to Ward unless he do put in Sureties to make his personal appearance at the next quarter Sessions or Goal-delivery c. Days Provided always and be it Enacted c. that no manner of person § 10. N. 1. c. shall be molested or impeached for any the Offences concerning speaking or reporting c. unless he or they be thereof accused within one Month next after such words so spoken or reported before some one Iustice of the Peace and the Witnesses therein to be used named to the same Iustice Proof And the same Accusation and Witnesses Names § 10. N. 2. put in Writing by the said Iustice and certified at the next quarter Sessions or Goal-delivery Drapery For Reformation c. be it Ordained C. 9. § 2. N. 1. c. that all such Log-wood alias Block-wood in whose hands soever the same shall be found c. shall be forfeited and openly burned by Authority of the Mayor c or of two Iustices of Peace of the County where it shall be found Fowl The same Bond viz. not to take Fesant or Partridge in two years to be taken by some Iustice of Peace of the County where the said Offence viz. of undue taking with Nets c. shall be committed C. 10. § 2. N. 6. Justices Provided always and be it further Enacted § 5. N. 1. c. that the Iustices of Assizes in their Circuits and Iustices of Peace in
or Tything-man of the same County Hundred Parish or Tything where such person shall be taken c. be stripped naked from the Middle upwards and shall be openly whipped until his or their Body be bloody § 4. N. 1. Provided always and be it Enacted Imprisonment if any of the said Rogues shall appear to be dangerous to the Inferior sort of People where they shall be taken or otherwise be such as will not be reformed of their Roguish kind of Life by the former Provisions of this Act that in every such Case it shall and may be lawful to the said Iustices of the limit where any such Rogue shall be taken or any two of them whereof one to be of the Quorum to commit that Rogue to the House of Correction or otherwise to the Goal of the County there to remain until the next Quarter Sessions to be holden in that County § 8. N. 1. Provided always Franchise that the Iustices of Peace within any County of this Realm or Wales shall not intromit or enter into any City Borough or Town-Corporate where be any Iustice or Iustices of the Peace for any such City Borough or Town-Corporate for the Execution of any Branch c. of this Act for or concerning any Offence Matter or Cause growing or rising within the Precincts Liberties or Iurisdiction of such City Borough or Town-Corporate 39 Eliz. Cap. 3. § 6. N. 1. 43 Eliz. Cap. 2. § 9. N. 1. § 12. N. 1. And be it also further Enacted Justices c. that any two or more Iustices of the Peace within all the said several Shires Cities Boroughs or Towns-Corporate whereof one to be of the Quorum shall have full Power by the Authority of this present Act to hear and determine all Causes that shall come in question by reason of this Act. C. 11. § 2. N. 2. And if upon the same Examination they viz. any Justice of Peace shall find any person Drapery c. to have used or caused to be used in the dying or colouring of any Cloth Wool Yarn Grograin Buffins or Silk or any thing made of Woolen-Yarn or Silk any Logwood alias Block-wood or now or heretofore reputed and taken for Log-wood alias Block-wood then the said Iustices or Iustice Mayor Bailiffs or other Head-Officer being a Iustice of Peace shall not only bind with Surety all such c. whom they shall find so suspected to have offended and such others as may discover the same Offence to the next Quarter Sessions or Goal-delivery which shall happen to be holden for that County City or Town-Corporate but also to certify all such Examinations and Depositions as tend to the finding out or discovery of the said Offences at the Goal-delivery or Quarter Sessions C. 12. § 1. N. 9. viz. that 5 Eliz. Cap. 4. § 15 hath not been duely executed Apprentice c. by reason of Ambiguity and Question have risen and been made whether the raising of all manner of Artificers Work-men and Workwomen his or their Wages other than such as by some Statute and Law have been rated or else such as did work about Husbandry forasmuch as the said Law hath been found beneficial for the Common-wealth 1. Jac. Cap. 6. § 2. N. 2. § 2. N. 1. Be it Enacted that the said Statute viz. 5 Eliz. Cap. 4. § 15. N. 3. 4. Fees and the Authority by the same Statute given to any person or persons for assessing and rating of Wages and the Authority to them in the said Act committed shall be expounded and construed and shall by force of this Act give Authority to all persons having any such Authority to rate wages of any Laborers Weavers Spinsters and Work-men or Work-women whatsoever either working by the Day Week Month Year or taking any Work at any person or persons hand whatsoever to be done 1 Jac. Cap. 6. § 3. N. 1. And whereas in divers Shires within this Realm § 2. N. 2. the Iustices of Peace have not usually kept their general Sessions in one Place of the Shire together but the general Sessions have been kept in several Places for several Divisions by reason whereof the most part of the Iustices of the Peace coming not together nor rating of wages could well be made in the said Shire where such general Sessions have been used 1 Jac. Cap. 6. § 4. N. 1. Justices Be it Enacted c. that the most Iustices of Peace § 2. N. 3. or the more part of them resiant in such Division in any Shire within this Realm where such Sessions have been usually severally kept shall at the same Sessions or at such time of rating of wages as is limited by the said Act c. viz. 5 Eliz. Cap. 4. § 15. N. 6. have as full Authority and Power to rate all manner of wages to be rated within the limits of such Division in any such Shire as if the same were done in the general Sessions for the said County or by the most part of the Iustices meeting for the rating of wages by the said Act 1 Jac. Cap. 6. § 5. N. 1. Certificate And be it further Enacted that no person § 3. N. 1. c. shall incur any Danger or Penalty for not making Certificate into the c. Chancery of any rates of wages appointed to be Certified by the said Act viz. 5 Eliz. Cap. 4. § 15. N. 6. 1 Jac. Cap. 6. § 8. N. 1. Fees But the said Rates ingrossed in Parchment and sealed c. shall § 3. N. 2. if the same be in any Shire be kept by the Custos Rotulorum of the said County amongst the Records in his Custody for the said Shire and in any City or Town-Corporate amongst the Records of the said City or Town Corporate 1 Jac. Cap. 6. § 8. N. 2. Corn. Whereas greater quantity of Mault is daily made than either in time past was or is now needful Be it Enacted c. that from time to time Cap. 16. and at all times hereafter it shall and may be lawful for the Iustices of Peace within this Realm in their open Quarter Sessions to suppress discharge or restrain the superfluous and unnecessary number of Malsters in part or in whole and also to restrain such c. as to their Discretions shall seem meet from the buying of Barly to convert into Mault in part or in all for such time c. as to their discretions shall seem meet Poor And be it further Enacted C. 17. § 4. N. 1. that it shall be lawful for the Iustices of Assizes Iustices of Goal-delivery and the Iustices of Peace of every County and all Iustices of Peace in Towns-Corporate having Authority to hear and determine Felonies to hear and determine all such Offences viz. of wandring idle Souldiers and Mariners hereby made Felony without Clergy in their General Sessions Mettle The same viz. three
N. 5. And further to become bound by Recognizance in the sum of twenty pounds to his Majesty his Heirs and Successors Recognizance with Condition that they the said Party so offending shall not at any time hereafter take kill or destroy any Phesant or Partridge § 8. N. 6. Which said Recognizance shall be taken by any one or more Iustices of the Peace of the said County Justices City or Town-Corporate where the said Offence shall be committed as aforesaid and shall be returned to the next Quarter Sessions and there to remain of Record as other Recognizances taken for the Peace § 9. N. 1. And be it further Enacted Constable that every Constable and Head-borough in every County City Town-Corporate and other Place where they shall be sworn Officers shall and may by vertue of this present Act bringing with them to that purpose a Lawful Warrant under the Hands of two Iustices of the Peace of the County City Liberties or Town-Corporate have full Power and Authority to enter into and search the house c. of any person c. other than such as by this present Act are allowed to take Phesants and Partridges with Nets as aforesaid being suspected to have any setting Dogs or Nets for the taking of Phesants and Partridges 21 Jac. Cap. 7. § 3. N 1. And be it further Enacted that any Iustice of Peace in any County Ale and any Iustice of Peace or other Head-Officer in any City or Town-Corporate within their Limits respectively shall from henceforth have Power and Authority upon his own view confession of the party or proof of one Witness upon Oath before him which he by vertue of this Act shall have Power to administer to convince any person of the Offence of Drunkenness whereby such person so convict shall incur the Forfeiture of five shillings for every such Offence and the same to be levyed or the Offender otherwise punished as in the said Statute is appointed § 3. N. 2. And for the second Offence Behavior he shall become bound to the Good-behavior as if he had been convicted in open Sessions any thing in the said former Statute c. viz. 4 Jac. Cap. 5. to the contrary notwithstanding Cap. 8. Whereas divers turbulent and contentious persons Peace some out of Malice and others in hope of Gain by way of Composition do oftentimes upon their Corporal-Oaths peremptorily and corruptly taken or otherwise upon false Suggestions and Surmises procure Process of the Peace or Good-behaviour out of his Majesties Courts of Chancery and Kings Bench against divers of his Majesties quiet Subjects whose dwellings and abodes are for the most part in Counties far distant and remote from the said Courts to their intolerable trouble and vexation whereas they might upon good cause shewed receive Iustice at the hands of the Iustices of Peace in the Counties where they dwell § 2. N. 1. For remedy whereof be it Enacted Process c. that all Process of the Peace or Good-behaviour after the end of this Session of Parliament to be granted or awarded out of the same Courts or either of them against any person or persons whatsoever at the Suit of or by the Prosecution of any person or persons whatsoever shall be void and of none effect unless such Process shall be so granted or awarded upon motion first made before the Iudge or Iudges of the same Courts respectively fitting in open Court and upon Declaration in Writing upon their Corporal Oaths to be then exhibited unto them by the said Parties which shall desire such Process of the Causes for which such Process shall be granted or awarded by or out of any of the said Courts respectively and unless that such motion and declaration be mentioned to be made upon the back of the Writ the said Writings there to be entred and remain of Record § 2. N. 2. And that if it shall afterwards appear unto the said Courts or either of them respectively Damages that the Causes expressed in such Writings or any of them be untrue that then the Iudge or Iudges of the said Courts or either of them respectively shall and may award such Costs and Damages unto the Parties grieved for their or any of their wrongful Vexations in that behalf as they shall think fit and that the Party or Parties so offending shall and may be committed to Prison by such Iudge or Iudges until he or they pay the said Costs and Damages Supersedeas And whereas divers turbulent and contentious persons deservedly fearing to be bound to the Peace or Good-behavior by the Iustices of Peace of the Counties where they dwell § 2. N. 3. do oftentimes procure themselves to be bound to the Peace or Good-behavior in the said Courts or one of them upon insufficient Sureties or upon colourable Prosecution of some person or persons who will be ready at all times to release them at their own pleasure whereupon his Majesties Writs of Supersedeas are oftentimes directed to the Iustices of Peace and other his Majesties Officers requiring them and every of them to forbear to arrest or imprison the Parties aforesaid for the Causes aforesaid by means whereof the said turbulent and contentious persons misdemean themselves amongst their Neigbours with Impunity to the great Offence and Disturbance of their Neighbours amongst whom they converse and live and to the affront of the Iustices of Peace and to the evil Example and Incouragement of like evil disposed persons Oath Be it further Enacted by the Authority aforesaid § 3. N. 1. that all Writs of Supersedeas after the end of this present Session of Parliament to be granted by or out of either of the Courts aforesaid shall be void and of none effect unless such Process be granted likewise upon motion in open Court first made as aforesaid and upon such sufficient Sureties as shall appear unto the Iudge or Iudges of the same Court respectively upon Oath to be assessed at five pound Lands or ten pounds in Goods in the Subsidy-book at the least Record Which Oaths and the Names of such Sureties § 3. N. 2. with the Places of their abode and where they stand so assessed in the Subsidy-books shall be entred and remain of Record in the same Courts Process And unless it shall also first appear unto the said Iudge or Iudges before whom such Supersedeas is desired § 3. N. 3. that the Process of the Peace or Good-behavior is prosecuted against him or them desiring such Supersedeas bona fide by some Party grieved in that Court out of which such Supersedeas is desired to be so awarded and directed Bail And whereas divers lewd and evil disposed persons commonly called Common-Bailers or Knights of the Post being base or beggarly persons § 4. N. 11 do oftentimes procure themselves to be assessed at high rates in the Subsidy-books and
sometimes do falsely take upon them the names of other men of good ability of purpose to enable themselves to be accepted for Bail which persons being of small or no ability or worth are ready for Lucre and Gain to become bound by Recognizance as Sureties for such persons as shall procure themselves to be bound to the Peace or Good-behavior as aforesaid by means whereof the Iudge or Iudges of the said Courts not knowing them may be easily abused and Iustice deluded Coron Be it therefore Enacted by the Authority aforesaid § 5. N. 1. that the Iudge or Iudges of the Courts aforesaid respectively or either of them upon proof of any the misdemeanors aforesaid to be committed in the obtaining of the aforesaid Writs of Supersedeas or procuring such Sureties as aforesaid shall and may likewise punish the false and insufficient Sureties and Bailers aforesaid and the Procurors thereof according to their discretions so as such Punishment extend not to the loss of Life or Member Indictment And whereas divers Bills of Indictments of Riot § 6. N. 1. forcible Entry or of Assault and Battery being found before the Iustices of Peace at the Quarter Sessions of the Peace or otherwise are oftentimes removed from the Counties where such Indictments are found by Writs of Certiorari unto them directed out of the said Courts by or by the means of the persons so indicted who well know that few or no persons grieved by such their Outrages and Misdemeanors whereof they stand so indicted will undergo the travail or charge of Prosecution of such Indictment so removed by bringing the Parties so indicted to tryal by means whereof such Offenders for the most part escape unprosecuted or unpunished and the King loseth the Fines which ought and should have been imposed upon them if such Iudgements had been prosecuted and not removed § 7. N. 1. Be it therefore Enacted Certiorari that all such Writs shall from and after the end of this present Session of Parliament be delivered at some Quarter Sessions of the Peace in open Court § 7. N. 2. And that the Parties indicted Bail shall before the allowance of such Certioraries become bound unto such person or persons which shall prosecute such Bills of Indictment against them in the sum of ten pounds with such sufficient Sureties as the Iustices of Peace at their Quarter Session of the Peace shall think fit with Condition to pay unto the said Prosecutors of such Bills of Indictment within one Month after the Conviction of such Parties indicted such reasonable Costs and Damages as the said Iustices of Peace of such Counties where such Bills of Indictment shall be found in the said Sessions of the Peace shall assess or allow § 7. N. 3. And that in Default thereof Certiorari 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. 12. § 4. N. 1. And whereas notwithstanding the said Statute viz. 7 Jac. Cap. 5. § 1. N. of Justice of Peace pleading the General Issue Justices and giving special matter in Evidence the Plaintiff is at liberty to lay his Action which he shall bring against any Iustice of Peace or other Officer in any Foreign County at his choice which hath proved very inconvenient unto sundry c. that have been impleaded by some contentious and troublesome persons in Counties far remote from their place of Habitations § 5. N. 1. Be it therefore Enacted c. that if any Action Bill Information Plaint or Suit upon the Case Trespass Battery or false Imprisonment shall be brought c. against any Iustice of Peace Mayor or Bailiff of City or Town-Corporate Head-borough Portreeve Tythingman Constable Collector of Subsidy or Fifteens Church-wardens and persons called Sworn-men executing the Office of Church-warden or Overseer of the Poor and their Deputies or any of them or any other which in their Aid and Assistance or by their Commandment shall do any thing touching or concerning his or their Office c. for or concerning any Matter Cause or Thing by them or any of them done by vertue or reason of their or any of their Office c that the said Action c. shall be laid within the County where the Trespass or Fact shall be done and committed and not elsewhere Cap. 15. Be it Enacted c. that such Iudges Force Iustices or Iustice of Peace as by reason of any Act c. viz. 5 Rich. 2. Cap. 7. 15 Rich. 2. Cap. 2. 8 H. 6. Cap. 9. 31 Eliz. 11. c. now in force are authorized and enabled upon Inquiry to give Restitution of Possession unto Tenants of any Estate of Free-hold of their Lands or Tenements which shall be entred upon with Force or from them witholden by force shall by reason of this present Act have the like and the same Authority and Ability from henceforth upon Indictment of such forcible Entries or forcible witholdings before them duely found to give like Restitution of Possession unto Tenants for term of years Tenants by Copy of Court-Roll Gardians by Knights Service Tenants by Elegit Statute-Merchant and Staple of Lands or Tenements by them so holden which shall be entred upon by force or holden from them by force C. 18. § 4. N. 3. It shall be lawful for any two or more Iustices of the Peace within the County or within the City Drapery Borough or Town-Corporate where such deceivable Cloth viz. with Flocks Thrums Noyles and Hairs c. shall be made or suspected to be made upon Information or Complaint of any of the said Overseers c. Searchers or any other of their Knowledge or Suspition of any such Offence to grant their Warrant to call before them any person or persons whatsoever that shall be thought in their discretions fit to discover any such Offence Proof And to examin upon Oath such person § 4. N. 4. c. for the tryal and better finding out of the Offence aforesaid and if upon Examinations it shall be found by Testimony of two Witnesses or more or by the Confession of the Party or Parties offending that any such Offence c. have been committed as aforesaid then the Party c. that shall so confess his or their said Offence c. or who shall be found to have offended shall remain convicted of such his Offence c. Certificate And that then it shall and may be lawful for the said two Iustices § 4. N. 5. to certifie such Offence c. unto the Church-wardens and Overseers for the time being of the Poor of the Parish c. where such deceivable Cloth c. shall be made under the Hands and Seals of the said Iustices Process And be it further Enacted § 5. N. 1. c. that immediately from and after such Certificate
any persons above the number of twenty or more to any Petition Complaint Remonstrance Declaration or other Address to the King or both or either Houses of Parliament for alteration of matters established by Law in Church or State unless the matter thereof have been first consented unto and ordered by three or more Iustices of the County or by the major part of the Grand-Iury of the County or Division of the County where the same matter shall arise at their publick Assizes or General Quarter Sessions or if arising in London bp the Lord-Mayor Aldermen and Commons in Common-Council assembled Joynder And that no person or persons whatsoever shall repair to his Majesty § 2. N. 2. or both or either of the Houses of Parliament upon pretence of presenting or delivering any Petition Complaint Remonstrance or Declaration or other Addresses accompanied with excessive number of people not at any one time with above the number of ten persons Forfeiture Vpon pain of incurring a Penalty not exceeding the sum of one hundred pounds in mony and three Months Imprisonment without Bail or Mainprize for every Offence § 2. N. 3. Days Which Offence to be Prosecuted at the Court of the Kings Bench § 2. N. 4. or at the Assizes or General Quarter Sessions within six Months after the Offence committed and proved by two or more credible Witnesses Parliament Provided always that this Act or any thing therein contained § 3. N. 1. shall not be construed to extend to debar or hinder any person or persons not exceeding the number of ten aforesaid to present any publick or private Grievance or Complaint to any Member or Members of Parliament after his Election and during the Continuance of the Parliament or to the Kings Majesty for any remedy to be thereupon had Prerog Nor to extend to any Address whatsoever to his Majesty § 3. N. 2. by all or any of the Members of both or either Houses of Parliament during the sitting of the Parliament but that they may enjoy their freedom of access to his Majesty as heretofore hath been used Purveyance Be it therefore Enacted Cap. 8. § 2. N 1. c. that the Clerk or Chief-Officer of his Majesties Carriages shall three days at least before his Majesties Arrival by Warrant from the Green-Cloth give notice in Writing to two or more of his Majesties Iustices of the Peace next adjoyning to provide such a number of Carts and Carriages from the Places next adjacent as his Majesty shall have present use of expressing the certainty c. Forfeiture And that in Case any § 2. N. 2. c. shall refuse to provide and furnish his Majesty that now is or his Queen that shall be or his or her Houshould in their Progress for Removals c. that then upon due Proof and Conviction c. by the Oath of the Constable or other Officer or two other credible Witnesses before the said Iustices of Peace of the County or Mayor or other Chief-Officer of the City or Corporation where he or they inhabit which Oath they shall have Power to administer the Party so refusing shall c. forfeit the sum of forty shillings to the Kings Majesties use to be fortwith levyed by Distress and Sale c. by Warrant from the said Iustices of the Peace Mayor or other Chief-Officer § 3. N. 2. And in Case any Iustice of the Peace Mayor Fees Chief-Officer or Constable shall take any Gift or Reward to spare any c. or shall impress more Carriages then he shall be directed c. that then upon due Proof and Conviction thereof the Party so offending shall forfeit the sum of ten pounds to the Party thereby grieved or any other who shall sue for the same c. § 5. N. 1. And be it further Enacted Justices c. that any two or more of the Iustices of the Peace near adjoyning to the Road through which his Majesty is to pass shall immediately after notice in Writing from the said Green-Cloth and Avener under their Hands and Seals set down and appoint such reasonable Rates and Prices to be paid during his Majesties abode there both for Hay and Oats and other Accomodations for Horses as they in their discretion shall think meet which Rates one day at the least before his Majesties coming to such Place the said Iustices shall cause to be proclaimed in the Market Town next to such place and in such of the Neighbouring Towns and Villages as to them shall seem meet to the end that notice may be taken of such Rates and Prices § 5. N. 2 And if any person shall take any other sum than what is or shall be so limited either for Lodging Horse-meet Forfeiture Stable-room or other such Accommodations and be thereof convicted by Confession of the Party or by the Oath of one credible Witness before any one Iustice of the Peace which Oath the said Iustice of the Peace is hereby authorized to administer that then in such Case every person so offending shall forfeit and pay to the Party grieved the sum of 40 s. the same to be levyed by Distress by Warrant from the said Iustice of the Peace and Sale there of c. C. 10. § 1. N. 3. Viz. The Forfeiture of 20 l. by Deer-stealer to be levyed by the way of Distress upon the Goods and Chattels of every such Offender Forest by Warrant under the Iustices Hand before whom such Conviction shall be made § 1. N. 5. And for want of sufficient Distress Imprisonment the Offender shall be committed to the House of Correction for six Months and there to be put to hard Labour or to the Common-Goal for one whole year without Bail or Mainprize at the discretion of the Iustices of the Peace before whom such Conviction shall be and not to be discharged from thence till he or they have given sufficient Sureties for their Good-behavior for one whole year next ensuing after his or their Enlargement 13 Car. 2. St. 2. C. 1. § 10. N. 2. And from and after the Expiration of the said respective Commissions Coporation viz. for regulating of Corporations March 25. 1663. the said three Oaths viz. of Allegiance Supremacy and against taking up Arms against the King c. and Declaration viz. that no Obligation lyeth on any by the solemn League and Covenant shall be from time to time administred c. by such c. persons respectively who by the Charters or Vsages of the said respective Cities Corporations and Boroughs and Cinque-Ports and their Members and other Port-Towns ought to administer the Oath for due executing the said Places c. viz. of Mayor Alder-men Recorder Bailiffs Town-Clerks Common-Council-men c. § 10. N. 3. And in default of such by two Iustices of the Peace of the said Cities Justices c. for the time being
if any such there be or otherwise by two Iustices of Peace for the time being of the respective Counties where the said Cities c. are § 11. N. 1. And be it likewise Enacted c. that the said Commissioners Oath Iustices of the Peace and other persons hereby authorized to administer the said Oaths and tender the said Declaration respectively shall cause Memorandums or Entries to be made of all Oaths taken before them and subscriptions made as aforesaid and deliver the same once in a Year to the respective Town-Clerks or other Register or Clerk of the said respective Cities c. who shall cause the same to be fairly Entred into the Books or Registries belonging to the said respective Cities c. Religion And it is Ordained c. that all and every Iustice of Oyer and Terminer 13 14 Car. 2. C. 1. § 3. N. 1. Iustices of Assize and Goal-delivery and the Iustices of the Peace shall have full Power and Authority in every of their open and General Sessions to Inquire Hear and Determine all and every the said Offences viz. of Quakers refusing Oath lawfully tendered or assembling above Five for Religious Worship c. within the limits of their Commission to them Directed and to make Process for the Execution of the same as they may do against any Person being Indicted before them of Trespass or lawfully Convicted thereof Imprisonment And be it also Enacted That it shall and may be lawful to and for any Iustice of Peace Mayor or other Chief Officer of any Corporation § 4. N. 1. within their several Iurisdictions to Committ to the Common Goal or bind over with sufficient Sureties to the Quarter-Sessions any Person c. offending in the Premises in order to his or their Conviction aforesaid Wayes And for the more spéedy reformation C. 2 § 24. N. 1. c. viz. of Paving the Streets hanging out Lights carrying away Dust and Hackney-Coaches c. Be it further Enacted c. That every one of his Majesties Iustices of either Bench and Barons of the Exchequer and every Iustice of Peace of the said Cities of London and Westminster c. within their several Limits respectively shall have Power and Authority upon his own Knowledge or View confession of the Party or proof of one credible Witness upon Oath before him which Oath by vertue of this Act such Iustice shall have Power to Administer to Convict any Person or Persons of any the Offences aforesaid whereby such Person or Persons so Convict shall Incur the Penalties and Forfeitures aforesaid one Moiety whereof shall be disposed and imployed for and towards the Reparation Paving and cleansing of the Stréets or Place where the Offence shall be Committed and as much or all of the other Moiety as the Iustices shall think fit for him or them that shall discover and prosecute the same in case the said Conviction be by such Discovery and Prosecution Process And if the Conviction be by the View or Knowledge of such Iustices N. 2. then the said whole Penalty to go and be Imployed for and towards the Repairing Paving and Cleansing of the said Stréet or Place shall be Levied by Distress and Sale of the Goods and Chattels of the Offender by Warrant under the Hand and Seal of any such Iustice to be directed to the Constable or any other Officer of the same Parish rendring the overplus to the Party and in default of Distress or not payment of the said Penalties within six dayes after demand thereof or notice in Writing left at the House or Dwelling place of the Offender by the said Constable or any other Officer the said Offender not being a Peer of this Realm shall be committed to the Common Goal of the said County or City respectively by the Warrant of any such Iustice under his Hand and Seal there to remain without Bail or Mainprise until payment Taxes And be it further Enacted § 26. N. 1. c. That within Twenty dayes after the Election and Confirmation of the said Scavengers c. the Constables Church-wardens and Overseers for the Poor and of the High-wayes of the said Parishes and Places respectively or the greater number of them giving notice unto or calling together such Inhabitants of their respective Parishes as have formerly born the like Office therein they or the greater number of them then present shall make and settle a Tax Rate or Assessment according to a pound rate to be imposed or set upon the Inhabitants of the said Parish Ward or Division for the Year following for the purposes aforesaid which being allowed and confirmed by any two of the Iustices of the Peace of the Places aforesaid respectively shall be Quarterly paid by every respective Inhabitant upon demand made thereof by the Beadle of the Parish or other Officer appointed to Gather and Collect the same Process And in case of refusal or neglect N. 2. shall by Warrant of any two Iustices of the Peace under their Hands and Seals be levyed by Distress and Sale of the Offenders Goods and for want of Distress by Imprisonment of the Offender c. War And the said Account so to be taken viz. by the Lieutenants C. 3. § 12. N. 2. c. of the Militia of the Treasurers Receivers c. shall be forthwith certified to the Lords of His Majesties most Honourable Privy Council and a Duplicate thereof shall be Certified to the Iustices of Peace at the next General Quarter Sessions § 19. N. 2. Which Oathes viz. of Allegiance and Supremacy Oaths and against taking Arms against the King c. any one Iustice of Peace of the respective Counties and Places aforesaid is Enabled to Administer to such respective Lieutenant viz. of the County before he act in Militia c. as is not a Peer of this Realm and the said Lieutenant or any one Iustice of the Peace of the respective Counties and Places aforesaid is Enabled to Administer to the respective Deputy-Lieutenants not being Péers c. C. 4. § 7. N. 2. Viz. Parson having Curate shall in Person read Common Prayers Religion c. upon pain to forfeit the Sum of Five Pounds to the use oft he Poor of the Parish for every Offence upon Conviction by Confession or Proof of two credible Witnesses upon Oath before two Iustices of the Peace of the County City or Town Corporate where the Offence shall be committed which Oath the said Iustices are hereby Impowered to Administer and in default of payment within ten dayes to be levied by Distress and Sale c. by the Warrant of the said Iustices c. § 21 N. 1. And that any two Iustices of the Peace of any County of this Kingdom Imprisonment c. and the Mayor or other Chief Magistrate of any City or Town Corporate within the same upon Certificate from the Ordinary of
viz. in Fishing or watering Hemp in the Severn c. shall be punished for any of the Offences aforesaid unless by Information or Indictment before his Majesties Iustices of Assize and Nisi prius Oyer and Terminer and General Goal Delivery or in the General Sessions of the Peace to be holden for the said County respectively wherein the same shall be Committed N. 2. And upon Conviction of any Person c. for any of the Offences aforesaid Execution viz. Fishing or watering Hemp in the Severn the said respective Courts shall Award Execution for the said Forfeitures the one moiety thereof to the use and benefit of the Poor of the Parish where the said Offence shall be Committed and the other moiety to such person or persons as shall prosecute the same by Fieri facias or Capias ad satisfaciendum as the Kings Majesties Iustices at Westminster may and use to do Statuta 31 32 Car. 2. 31 Car. 2. 2. § 21. N. 2. BE it therefore Enacted Imprisonment That where any person shall appear to be Committed by any Iudge or Iustice of the Peace and charged as Accessory before the Fact to any Petty Treason or Felony or upon suspition thereof or with suspition of Petty-Treason or Felony which Petty-Treason or Felony shall be plainly and specially expressed in the Warrant of Commitment that such person shall not be removed or Bailed by vertue of this Act or in any other manner then they might have béen before the making of this Act. Statuta 32 Car. 2. 32 Car. 2. 1. § 3. N. 1. BE it therefore Enacted c. viz. to avoid Travel c. That Drapery c. where no Iustice of Peace shall reside or to be found in any Parish where any Party shall be Interred the Oaths and Affidavits viz. 30 Car. 2. 3. § 4. N. 2. of Burying in Woolen c. may be Administred not only by any Iustice of the Peace or Master of Chancery Ordinary or Extraordinary Mayor Bayliff or other Chief Officer of the City County Borough Corporation or Market Town in the County where any Party was Buried But also that the Parsons Vicars and Curates in every Parish or Chappel of Ease within the County where any Party shall be Interred except only the Parson Vicar and Curate of the Parish or Chappel of Ease where the Party is Interred concerning whose Interment in Woollen such Affidavit is to be made be and are hereby Authorized and required to Administer the said Oaths or Affidavits and to attest the same under their hands Gratis C. 2. § 6. N. 2. The same viz. xl s. for every great Cattle Ireland and x s. for every Sheep or Swine Import from Ireland not Seized Killed and Distributed by Seizors Church-wardens and Overseers failing of their Duty c. to be Levied by Distress and Sale of the Goods and Chattels of the Person c. so Offending by Warrant under the Hand and Seal of any Iustice of Peace of the said County or place where the said Offence shall be Committed upon Confession of the party View of the said Iustice or Oath thereof made before such Iustice by one or more Credible Witness c. other then the Informer which Oath the said Iustice hath hereby power to Administer rendering the overplus to the Owners thereof necessary Charges of distraining being first deducted And for want of such Distress the said Offender N. 3. c. to be Committed to the common Goal of the said County or place there to remain for the space of three months without Bail or Mainprise Several Heads wherein Lambert Crompton and Dalton are Reduced and the Particular Statutes accommodate to present use Abby Monestries Religious Houses Chantries 1. ON 27 H. 8. 27. 28. § 11. N. 1. the Quarter and General Sessions shall Hear and Determin the not keeping Houses of Husbandry and Tillage by the Patentee of the Scite c. and this is given in Charge Lamb. 4. cap. 4. pag. 463. Crompt 96. see 21 Jac. 28. § 11. N. 39. 69. Husbandry Abettors see Accessary and Appeal Abjuration Oath Sanctuary Exile I. DAlt. J.P. cap. 68. A man that is abjur'd may have the surety of the Peace granted to him or against him Surety of the Peace for notwithstanding the Abjuration he oweth the King his Legiance and remaineth within the Kings Protection and the King may pardon and restore him again Qui abjurat Regnum amittit Regnum non Regem 7 Co. 9. b. Calvin's case II. Dalt J.P. cap. 92. also to kill a man that hath abjured the Realm Homicide is Felony 7 Co. 9. b. Dr. Stud. 133. III. By 9 H. 3. St. 2. cap. 10. Charta de Foresta Deer-killer that cannot find Sureties after a year and a days Imprisonment shall abjure the Realm Forest IV. By Westm. 1. 3 Ed. 1. cap. 15. § 1. N. 3. the Sheriff shall not let to Bail those which have abjured the Realm Bail V. By 3 Ed. 1. W. 1. cap. 20 § 1. N. 2. if Trespassers in Parks after three years Imprisonment cannot find Sureties he shall abjure the Realm Forest VI. By 9 Ed. 2. cap. 15. § 1. N. 2. a Clerk submitting to the Law Ecclesiastical persons and taking Sanctuary shall not be forced to abjure VII By 21 H. 8. 2. Persons abjure to be marked with an hot Iron on the Thumb Pain VIII By 22 H. 8. 14. § 1. N. 6. Persons taken out of Sanctuary after Abjuration to be Hang'd 3 Inst 115. Sanctuary IX Lamb. 2. cap. 7. pag. 200. one Justice of Peace may take out of Sanctuary certain persons abjured thither and others being Indicted of some kind of offences done after they became Sanctuary-men 22 H. 8. 14. § 3. N. 2. so Crompt J. p. 195. § 7. X. By 35 Eliz. 1. § 2. N. 3. the Abjuration of a Seditious Sectary being made in the open Quarter-Sessions of the Peace ought to be certified from thence to the Justices of Assize at the next Assizes Certificate XI By 35 Eliz. 2. § 8. N. 4. Popish Recusant unless Feme Covert not having twenty Marks per annum shall abjure before two Justices Pope XII Lamb. 4. cap. 4. pag. 414. Article of Charge at the Sessions of the Peace on 35 Eliz. 1. § N. cap. 2. § 8. N. 5. If any Popish Recusant or other Seditious Sectary which is by any of the Statutes to be abjured this Realm and all his Majesties Dominions have either refused to make such Abjuration or making it have not gone to such Haven within such time as was to him therefore appointed and have not from thence departed this Realm or after such departure have returned into any his Majesties Dominions without his special license Sessions XIII Lamb. 4. cap. 19. pag. 619. the Abjuration of a Seditious Sectary ought to be made in the open Quarter-Sessions of the Peace and there
Reciept of any the said Rents Issues Revenues Profits Cromp. pl. J. P 200. Process VI. 14 Eliz 5 § 30 N. 5. and If any so called shall refuse to account or entring into account shall refufe forthwith to imploy or answer to the use of the said Hospital such sum or sums of Mony as upon the same account shall appear to be due by him that then he shall forfeit and lose such sums of Mony as to the said Bishop or Chancellour and to two Justices of the Peace next inhabiting to the said Hospital shall be thought meet VII By 39 Eliz 4. § 13. N 2. Chancellor may award Commission to any Chancery to call all and every person and their sureties and every of their Executors or Administrators to an account for the Poors stock And to compel them by Attatchment of their Goods or Bodies to appear before them to hear and determine the same VIII 43 Eliz 2. § 2. N 2. the Church-Wardens and Overseers of the Poor shall within Four days after the end of their year Ch. Ward and after other Overseers nominated c. make and yeild up to two Justices of Peace one of the quorum in or near the Parish c. a true and perfect account of all sums of Money by them Received or Rated and Sessed and not Received And also of such Stock as shall be in their hands or in the hands of any of the Poor to work and of all other things concerning their said Office Addition Nosine alias Dictus I. LAmb. 4. cap. 5. pag. 480. the name and Sirname of the party Indicted must be certainly expressed Nosine and if the Indictment be of an Accessary Felony the name of the Principal must be set down also for if the Indictment be quid A. mandavit Cuidam ignoto Occidere B c. this is vicious but in Treason Trespass or maigim where all be Principals it may be quod procuraevit personas ignotas to do it Marrow II. Lamb. 486. ibid. the certainty of the name of the Person to whom the Offence is done is also in most cases requisite Averment but yet quod bona cujusdam ignoti cepit Felonice or quendam ignotum Felonice depredavit its good because of the Kings advantage of forfeiture thereby Indictment 12 Dyer 285. pl an Affray and Assault in quendam ignotum is good enough being at no mischief but a verrable that the new Indictment by name is for the same Offence and none other III. Lamb. 460. ibid. Besides the Name and Sirname of the party Indicted Lieu. there ought also by the Statute of 1 H. 5. 5. in every presentment wherein Process of Outlary lyeth to be added his Estate Degree or Mystery and the County Town Hamlet or place where he is or was Conversant and even so ought it to have been at the common-Law Also as touching names of Dignity made by Creation as Duke Marquess Earl Viscount Arch-bishop Bishop Knight or Serjeant at Law because every of these Titles were accounted parcel of the name But it was not so for the names of Baron Bannaret and Esquires which are but names of Dignity without Creation nor for Chancellour Treasurer Chamberlain Chief Coroner Eschaeter Bayliff Dean Arch-Deacon Prebend or Parson which are Names of Dignitaries by reason of Office only unless the presentment did charge them in respect of their Office for then the name of Office also as Bayliff or Eschaeter ought to be used in the Indictment Crompt J. P. 120. § 23. IV. Lamb. 4. cap. 5. pag. 481. but Borough Knight Esq Gentleman Nosine Alderman Widow Single-woman Dean Arch-Deacon Parson Doctor Clark Parish-Clark are good Additions of Estates or Degree as I take it within the meaning of this Statute 1 H. 5. 5. V. Lamb. 481. ibid. but Farmer Servant Butler or Chamberlain Nosine are no good Additions because they be common to Gentlemen and Yeomen and therefore uncertain Crompt 104. § 44. Trades VI. Lamb. 481. ibid. so Chop-Church Marchant Grocer Mercer Taylor Broker Husbandman Hostler Labourer Lighterman Waterman Spinster c. be good Additions of Mystery Cromp. 109. § 2. Misnorum VII Lamb. 281. ibid. But Citzen is no good Addition because it is no Mystery Act or Degree Cromp. 101. § 11. neither is Extortioner Maintainer Vagagond Heretick Dicers Carders or such like any good Addition because they are every one against the Law Lieu. VIII Lamb. 481. 482. Also by 1 H. 5. 5. the Addition ought to comprehend the County and the Town or Hamlet or place known out of the Town or Hamlet whereof the party is or was so that if there be divers Hamlets in one Town he may be named either of the Town or Hamlet But if he be named of a place known and the place be within a Town then he must be named of the Town 35 H. 6. 30. Variance IX Lamb. 482. And if both the Town and the Parish do bear one Name he may be named of the one or of the other of them but if there be two Towns in one Parish then he ought to be named of the Town and not of the Parish L. 5 Ed. 4. 129. and 22 Ed. 4. 2. and 22 H. 6. 41. Alias dictus X. Lamb. 482. As for an alias dictus which is often put in the Addition the use thereof is Chiefly in Writs grounded upon Especialties and to make the Writ and Writing to agree for as touching Indictments if the party be not well named both for his Name of Baptism Surname Mistery or Degree and place at the first then cannot the alias dictus make that good which was evil before Cromp. 102 § 25. Trades XI Lamb. 482. 463. it appeareth 1 Ed. 4. 2. and 2 Ed 4. 16. that the Addition of the Degree or Mistery must always be such as the party hath at the very time but the Addition of the place may be of such where he was at any time before so that then the Word Nuper be used with it Days XII Lamb. 283. furthermore the Indictments must contain the Day Year and Place in which the Offence was committed 8 Ed. 4. 8. 2 H. 7. 2. and 25 Ed. 3. 43. Information XIII Lamb. 4. cap. 6. pag. 502. In Informations 1 H. 5. 5. seemeth upon the bare words to have no place for Informations be not mentioned in it and upon that reason the Court 13 H. 7. 21. Addition Br. 67. did hold it clear that if Rescues be returned by the Sheriff against certain persons without their Additions yet in that case they may well be Outlawed upon it Inquest XIV By 27 Eliz. 7. § 2. N. 1. No. Shiriff Coroner or other person to whom it shall appertain to make return of any Writ shall return a Juror dwelling out of any Liberty without the true Addition of the place of his dwelling or abode at the time of the sald return or within
an Action of Trespass for it But if any of them be hurt by him in the resistance no Action lieth for them for the Officer ought to do his best to depart them Insomuch as if it be presented at the Sessions of the Peace That he was present at an Affray and did not use his endeavour to put them assunder that fought together he shall be deeply fin'd for it otherwise it is if he were not present but were only told of the Affray per Marwood Cromp. 146. Dalt 33. cap. 8. Arrest XVI Lamb. 133. If any of the parties be in danger by reason of a hurt received in the Affray then ought the Officer to arrest and carry the other to the Gaol until he shall find surety to appear at the Gaol-delivery 22. Ass 56. 38. Ed. 3. 6. Faux Imprisonment Br. 6. Fitz. J. P. 72. Dalt 33. cap. 8. see 3 H. 7. 1. § 1. N. 7. supra 9. Officer XVII Lamb. 133. If two men be fighting in a House the door shut then may the Officer break open the door to see the Peace kept though neither of them have taken hurt Cromp. 146. b. Dalt 34. cap. 8. Justification XVIII Mich 5 H. 7. 6. Pl. 12. A man counted in Trespass Br. 272. That the Defendant such a day and year with Force and Arms had assaulted the Plaintiff and beat him and imprisoned him by the space of a day c. And the Defendant justified the beating because the Plaintiff made assault on the Defendant the same day year and place de son tout Br. 18. And as to the Imprisonment he said he was Constable in the same Vill and because he made an assault upon him and broke the Peace he took and carried him to the Gaol for preservation of the Peace and this was held a good Plea by all the Court quod nota notwithstanding he was the same person on whom the Plaintiff would have broken the Peace because he was Constable and in preservation of the Peace and of his own Person he may arrest him And the Plaintiff said de son tout c. and this was held a good Plea because no matter of Record was alledged in the Plea as that a Capias came to him as Sheriff to take the Plaintiff c. Lamb. 134. Dalt XIX 5 H. 7. 6. Faux Imprisonment Constable Br. 41. If a man makes an assault upon the Constable he may justifie to arrest him that made the assault and to carry him to Gaol for breach of the Peace though he himself be party viz the Constable on whom the assault was made quod nota and yet contra 14 H. 7. 8. Peace Br. 7. that the Justices of Peace cannot award a Warrant to arrest a man because he hath broken the Peace but they may award a Warrant to arrest him for fear that he will break the Feace in futuro Kell 41. pl. Cromp. 147. Dalt 34. cap. 8. XX. Cromp. 147. The Constable ought to take surety by obligation of such as he finds making Affrays Fitz. J. P. 157. Bail XXI Lamb. 134. If one do make an Affray upon a Justice of Peace Process Constable or such other he may not only defend himself but may also apprehend the Offender and send him to the Gaol till he will find surety of the Peace 5 H. 7. 6. supra 18. And the Justice or Constable may if need be command assistance of the Kings People for the pacifying of an Affray 3 H. 7. 10. Dalt 35. cap. 8. XXII Lamb. 133. And yet when the Constable hath taken an Affrayer Imprisonment he may not Imprison him in his House but in the Stocks and that not above such reasonable time as he may provide to convey him to the Gaol till he find surety for the Peace 3 H. 4. 9. 22 Ed. 4. 35. XXIII Lamb. 134. If he that maketh an Affray do fly into a House when the Justice of Peace or Constable cometh to arrest him Fresh Suit they may also in fresh Suit break open the doors and take him per Marwood or if he fly thence they may make fresh Suit and arrest him though it be in another County by the opinion of some men 13 Ed. 4. 9. And it should seem by the reason of that Book that in this Case also they may break open the doors to apprehend him because the King hath an Interest in the matter and then a mans House shall be no refuge for him as it should be in Debt or Trespass where the Interest is but only to some particular Subject Cromp. 146. b. 112. Dalt 34. cap. 8. Com. 37. Plat's Case 3. Co. 52. Ridgway's Case 10 Co. 31. b. XXIV Cromp. 146. b. An Affray was in the Vill where the Sessions were held which is Corporate Corporation and hath Justices of the Peace within themselves the Justices of the Peace shall not intermeddle there see 2 3 Ph. Mar. 18. Otherwise it is at the Assizes for within Cities and Vills they have the Fines and Amerciaments and commonly pay a Fee Farm for their Liberties and Profits to the King XXV Cromp. 146 b. If an Affray be made in one County Lieu. and is continued in another County the Constable of one County cannot pursue him in another County and take him there as Constable and yet any man may pursue him into another County but not to bring him out of it But if an Affray be made in a Vill and he fleeth into a Franchise which is in the same County the Constable of the first Vill may pursue him and take him out of the Franchise by fresh Suit Dalt 34. cap. 8. XXVI Cromp. 172. b. it was touch'd If a man makes an Affray Justices and the Justices of Peace or Constable seeing him so making Affray come to the same Affray and would arrest him and he fleeth into another County the other may freshly pursue him there but in case of Felony fresh Suit is not material by 13 Ed. 4. 8. b. Pl. 4. per Coke XXVII Cromp. 172. b. 173. If a man be arrest to the Peace Fresh Suit and he flyeth after the arrest into another County the Officer may follow him upon fresh Suit and there take him see 2 Ed. 4. 6. b. Pl. 15. in Trespass 94. Br. 296. where a Serjeant of London arrested one in London and he drew his Weapon and fled to Mile-end and the Serjeant followed him and arrested him there and well Arrest XXVIII Pasch 13. Ed. 4. 8. b. Pl. per Croke it was also touch'd If a man makes an Affray and the Justices of Peace or Constable seeing him so making Affray come to the same Affray and would arrest him and he flyeth into another County and the other freshly pursueth him if he can arrest him in the other County c. And some said this is not like a distress driven into anothers hand which may be there taken
c. otherwise it is here query for some conceived all one and for an Affray fresh Suit is material but if it were for Felony it 's not material for he may take him in any County But it was debated whether he should carry him to the Gaol where the Felony was done c. and it seemeth he should for he may be best delivered there c. Brian to the contrary that he must be carried to the Gaol where he was taken c. and for his deliverance he may be removed by a Writ c. Constable XXIX Lamb. 2. cap. 3. pag. 134 135. Now if the Constable doth arrest one that hath hurt another and do voluntarily suffer him to escape and then he that was hurt dyeth thereof within the year and day the Constable shall make a great Fine and that to the value of his Goods in the opinion of some 11 H. 4. 12. and Stamf. 35. but yet the Offence shall not have such relation to the time of the stroke as to make the escape become Felony thereby 3 H. 7. 1. § 1. N. 7. Com. 263. Slander XXX Dalt 35. cap. 8. Every Justice of Peace in his own discretion and ex officio may bind all such to Peace as in his presence shall strike another or shall threaten to beat another or shall contend only in hot words see § 14. supra Lamb. 77. Peace XXXI Lamb. 77. A Justice may cause a common Barreter Rioter one that maketh Affray or other person to him suspected to find surety of the Peace 9 Ed. 4. 3. per Curiar And if he see men contending in hot words and threatning the one to hurt or kill the other he may of discretion and ought of duty as I think to command them to find surety of the Peace and thereby provide for their mutual safety Lamb. 132. supra Dalt 35. cap. 8. Cromp. 136. Bar. Feme XXXII Cromp. 136. b. 137. a. A man correcting his Wife Servant or Child reasonably is no breach of the Peace c. Marrow Lect. 7. 21 Ed. 4. 6. 23. A Master may beat another in defence of his Servant for fear of loss of his Service and so may he do in defence of his Wife and Children and so may a Servant in defence of his Master beat another and no breach of the Peace c. ibid. see 21 H. 7. 41. 35 H. 6. 56. 9 Ed. 4. 51. A man may beat another in defence of his Father or Mother and no breach of the Peace ibid. A man may beat another in defence of his Goods and no breach c. ibid. 9 Ed. 4. Trespass the Case is that if a man will take anothers Goods he may lay his hands on him and disturb him and if he will not let them go he may beat him rather then suffer him to carry them away lib. in t 553. Justices XXXIII West Sym. 2. part 98. § 77. An Indictment for an Affray made at the time of the Assizes c. Inquiratur pro Domino Rege si C. P. W. C. c. vi armis viz. Gladiis c. apud C. pred' arrayat ' illicite congregat ' tempore assizarum dicti Domini Regis c. ad tunc apud C. pred' tent ' necnon infra precinct ' ejusdem villa R. W. R. H. Earund ' assizarum Justiciar ' ac Justiciar ' dicti Dom ' Regis ad Gaolam de J. in eodem Comitat ' de prisonariis in eadem existent ' deliberand ' assignat ' curia deliberationem ejusdem Gaolae tunc apud C. pred' exist ' insult ' affragam invicem fecerunt ad magnam perturbat ' curiae dict' Dom ' Regis ac justiciar ' suorum pred' tunc ibid ' exist ' ac interrorem perturbationem diversorum subditorum ejusdem Domini Regis tunc ibidem exist ' in malum pernitiosum exemplum omnium ligeorum dicti Dom ' Regis ac contra pacem dicti Dom ' Regis Coronam Dignitatem suas c. XXXIV West Sym. 2. part 98. Sect. 78. An Indictment for Affray and beating in time of Assizes c. Justices Inquiratur pro Dom ' Rege si F. F. c. 11. die c. vi armis Middlesex ss c. Justic ' dict' Dom ' Regis ad assizas in Com' pred' capiend ' necnon ad Gaolam ejusd ' Comitat ' apud W. in eodem Comitat ' deliberand ' assignat ' ad tunc judicialiter sedent ' exist ' in quend ' W.C. in pace Dei dicti Dom ' Regis apud W. pred' exist ' ex malitia sua precogitata insult ' fecit ipsum W. cum quodam Gladio quem idem F. in manu fua dextra ad tunc ibidem habuit tenuit percussit super caput suum dans eidem W. C. diversas plagas per quas ipsum W. in magno periculo vitae suae posuit ita quod de vita sua desparabatur in magnum Justic ' Legum hujus Regni Angliae contempt ' pernitiosum exemplum aliorum contra pacem dicti Dom ' Regis Coronam Dignitatem suas c. Or thus ibid. Sect. 79. Inquiratur pro Domino Rege si O. P. c. 10. die c. apud T. pred' in Com' S. pred' tempore assizarum generalem Gaolae deliberat ' ad tunc ibidem tent ' sedent ' ad tunc ibidem Justiciar ' dicti Dom ' Regis ad assizas capiend ' necnon ad Gaolam dicti Domini Regis castri de C. pred' in Com. pred' deliberand ' assignat vi armis ex malitia sua precogitata in super quendam J. C. de S. in Com' pred' Yeoman in pace dei dicti Dom ' Regis ad tunc ibid ' exist ' insult ' affrayam fecit ipsum J. C. verberavit uneneravit male tractanis prefatus O. ad tunc ibidem cum quodam Gladio valoris 3 solid ' 4 denar ' quem idem O. in manu sua dextra adtunc ibid ' habuit tenuit pred' J. C. ad tunc ibid ' percussit pupugit dans eidem J. C. ad tunc ibid ' quoddam vulnus sine quandam plagam in latitu dive unius pollicis profunditate quatuor pollicium ita quod idem J. C. de vita sua maxime periclitabatur in magnam perturbationem tam pred' Justiciar ' dicti Dom ' Regis ad tunc ibid ' in curia pred' sedent ' quam totius populi lige orum subditorum dicti Dom ' Regis de Com' S. pred' ad tunc ibid ' confluent ' attendent ' ac in magnum contempt ' dicti Dom ' Regis Coronam Dignitatem suas c. The like at the general Sessions of the Peace ibid ' sect 184 185. Administrators see Executors
the Quorum License may prohibit and remove Common-Ale-selling and may also allow the same taking Bond with suretie by Recognizance for good rule to be kept in such Ale-houses c. by their discretion and they may also Commit and Imprison for three days those that keep Common-Ale-selling of their own heads against prohibition or without allowance thereof and may after take Recognizance of them with two Sureties that they shall keep none Dalt cap. 7. pag. 28. 373. c. Cromp. 198. b. 199. V. 2. Role 398. Anonym Mich. 21. Jac. in B. R. per Haughton Justice Indictment A man cannot be Indicted for keeping of an Ale-house without Licence for the Statute 5 and 6 Ed. 6. 25. § 4. N. 1. is that if any one hold an Ale-house without Licence that he shall be committed and by this the Justice of P. if they please to take notice of this may Imprison the party Palmer 388. 6. Dalt cap. 7 pag. 31. Lamb. 346. Seeing that the order of the Conditions of these Bonds is partly reserved to discretion Recognizance I will for the better bridling of these Nurseries of naughtiness leave with you that form of them which I have known practiced by that Honourable Justice the late Lord William Cobham Lord Warden of the five Ports Lord Chamberlain of the late Queen Elizabeths Houshold and one of her Privy-Council The Condition of this Recognizance is such whereas the within Bounden A. B. is admitted and allowed by the within named Lord Cobham and J. Lenison Knight two of the Queens Majesties Justices of the Peace within the County of Kent within Written to keep a common Ale-house or Tipling-house and to use common selling of Ale or Beer only within the now house of him the said A. B. and not elsewhere scituate in the High-street of the Town of M. within Written and called the Sign of the Hart. If therefore he the said A. B. during such time as he shall keep such Common Ale-house there shall not suffer any unlawful Play at the Tables Dice Cards Tennis Bowls Cloysh Coits Loggets or other unlawful Games to be used in his said House or in his Garden Orchard or other his Ground or Place nor dress or cause or suffer to be dressed any Flesh to be eaten upon any day forbidden by the Laws and Statutes of this Realm of England nor wittingly and willingly admit or receive into his said House or any part thereof any person notoriously defamed of or for Incontinence or Drunkeness or that shall be before hand notified to him the said A. B. by the Constable or Borsholder of M. aforesaid for the time being or by the Deputy or either of them to be an unmeet person to be received into a common Ale-house nor Keep or Lodge there any strange person above the space of one Day and one Night together without notice thereof first given to the Constable or Borsholder or the Deputy the one of them there and finally if the said A. B. during all the time that he shall keep common selling of Ale or Beer in the said house shall and will there use and maintain Good Order and Rule then this present Recognisance to be void or else to stand in full force power and vertue c. Dalt 373. Gâ—mes VII Dalt cap. 123. pag. 374. In the condition not to suffer Play c. adds especially by mens Servants Apprentices Common Labourers or Idle persons c. nor shall keep or Lodge there any strange person above the space of one day and one night together without notice thereof first given to the Constable or his Deputy there Recogn VIII Dalt cap. 123. pag. 376. Memorandum quod die Anno Regni Dom. Caroli c. Coram T. P. H. D. Armig. Justiciar dicti Dom. Regis ad pacem in Commitatu predict conservand assignat c. A. B. de c. C. D. de c. manuceperunt pro W. S. de c. Victualler viz. uterque manucaptores predict sub pena Quinque libar predict W. S. assumpsit pro se sub pena X. li. quas concesserunt se debere dicto Dom. Regi c. sub conditione sequenti Recogn The condition of this Recognisance is such that whereas the above or within Bounden W. S. is admited and allowed by the said Justices to keep a common Ale-house and Victualling-house until the first of April or for the space of one whole year next ensuing the date hereof and no longer in the house where he now dwelleth at in the said County of and not elsewhere in the said County If therefore the said shall not during the time aforesaid permit or suffer or have any Playing at Dice Cards Tables Coits Loggets Bowls or any other unlawful Game or Games in his House Yard Garden or Backside 2. Nor shall fuffer to be or remain in his House any person or persons not being his ordinary Houshold Servants upon any Sabbath day or Holy day during the time of Divine Service or Sermon 3. Nor shall suffer any person to Lodge or stay in his house above one Day and one Night but such whose true Name and Surname he shall deliver to some one of the Constables or in his absence to some of the Officers of the same Parish the next day following unless they be such person or persons as he or she very well knoweth and will answer for his or their forth-coming 4. Nor suffer any person to remain in his or her house Tippling or Drinking contrary to the Law 5. Nor yet to be there Tippling or Drinking after Nine of the Clock in the Night-time 6. Nor buy or take to Pawn any stollen Goods 7. Nor willingly harbour in his said House or in his Barns Stables or other where any Rogues Vagabonds Sturdy-Beggars Masterless-Men or other notorious offendors whatsoever 8. Nor suffer any person or persons to sell or utter any Beer or Ale or other Victual by Deputation or by colour of his or her Licence 9. And also if he shall keep the true Assize and Measure in his Pots Bread and otherwise in his uttering of his Ale Beer and Bread 10. And the same Beer and Ale to sell by sealed Measure and according to the Assize and not otherwise 11. And shall not utter or sell any Strong Beer or Strong Ale above a penny the Quart and Small Beer or small Ale above a half penny the Quart and so after the same Rates 12. and also shall not utter nor willingly suffer to be Vttered Drunke taken or tippled any Tobacco within his said house shop cellar or other place thereunto belonging that then c. IX Lamb. 3. cap. 2. pag. 351. In some Shires the Justices of the Peace do condescend upon certain Articles framed by their discretions Justice and generally to be propounded to all common Ale-sellers taking the Bond for the performance of the same Articles a Copy whereof they do usually deliver to every
J. W. and R. P. Fsque two Justices of the Peace of our Sovereign c. in the County of B. Greeting Know ye That we the said Justices of good and credible report to us made as well by men of Worship as by other honest persons That J. W. of c. is a man meet to keep a common Alehouse in the House where he now dwelleth have licensed allowed and admitted and by these presents do license allow and admit the said J. W. to keep a common Alehouse or Tippling-house at M. aforesaid for one whole year next ensuing the date hereof so that the said J. W. suffer not any unlawful Games to be used within his said House nor any evil rule or order to be kept within the same during his time of the said License for the using of which License accordingly we do you to wit that we have bound the said J. W. and two other sufficient Sureties in a hundred Shillings a piece by Recognizance to the Queens Majesties use In witness c. Dalt 378. cap. 124. infra License LXVI Dalt 379. ibid. or thus J. C. and M. D. two Justices of the Peace of our Sovereign Lord c. To all Bailiffs Constables and other the Kings Majesties Officers Greeting Know ye That we the said Justices have licensed and by these presents do license J. W. of c. to keep a common Alehouse in L. aforesaid for one whole year next ensuing the date hereof and have bound the said J. W. by Recognizance with Sureties to the Kings Majesties use that he shall maintain good rule and further to do and behave himself therein in all things according to the Laws and Statutes of this Realm c. License Cambr. ss LXVII Dalt 379. or thus We whose Names are hereunto under-written Justices of Peace of our Sovereign Lord the King within the County of Cambridge do license and allow J. W. of L. aforesaid for and during one whole year next ensuing the dâ—te hereof so as he doth not sufier any unlawful Games to be used in his House nor any evil rule to be kept there but do behave himself therein according to the Laws and Statutes of this Realm in that behalf made and provided In witness c. License LXVIII Dalt 379. cap. 124. A License to Brew and keep an Alehouse Derby ss Whereas A. M. of W. in the County of D. Husbandman hath come before us J. C. Knt. and F. B. Esq two of the Kings Majesties Justices of the Peace within the said County and bound himself in a Recognizance with sufficient Sureties to brew and sell and keep a common Alehouse according to the Statute made in the 5th year of the Reign of our late Sovereign King Ed. VI. Now know ye us the said J. C. and F. B. to have licensed the said A. M. to brew to sell and to keep a common Ale-house according to the said Statute Given under our Hands July 13. in the _____ year of c. West Presid 1 part sect 554. Victuals LXIX Dalt 361. cap. 121. A Warrant to convent all Victuallers c. to put in Sureties for observing Fish-days according to Proclamation To the High-Constables of the Hundred of R. and to either of them Fish These are in the Kings Majesties Name to command you to warn all the Inn-holders Taverners Cooks Alehouse-keepers Butchers and other Victuallers whatsoever within your Hundred personally to appear before us at L. on Thursday being the 20th day of this instant Febr. at the Sign of the Griffin there and to bring with them Sureties that shall enter into Bond with them to His Majesties use for the due observation of the Orders lately published for the restraint of killing dressing and eating Flesh in Lent or upon Fish days according to His Majesties Proclamation in that behalf and that you or one of you be then and there with us to deliver us a Note in writing of the Names Sirnames and Dwelling-places of every of them and of all other that victual without license within your Hundred as you will answer the contrary at your perils Dated at Westminster 1 Feb. c. LXX Dalt 360. cap. 121. Recogn For Alehouse-keepers to renew their Recognizance To the Bailiff c. R. H. Knt. one of His Majesties Justices c. These are in the Kings Majesties Name to require you That you direct your Precepts to every Petty-Constable within your Hundred requiring them that they warn all Alehouse-keepers and Victuallers within your said Hundred to be and personally to appear before us at L. upon Thursday c. then and thither bringing with them their Licenses And further That every of them bring with them a Certificate of their fitness and honest behaviour in keeping of their Alehouses and Victualling-houses under the hands of four at the least of the most substantial honest and discreet Inhabitants of the Parishes where they so keep or dwell and hereof fail you not c. LXXI Dalt 360. cap. 121. A Warrant for the suppressing of an Alehouse License Cambr. ss J. C. and E.H. Knts. two of the Kings Majesties Justices of the Peace within the said County of Cambridge to the Constables of B. and to either of them Greeting Whereas we are credibly informed that R. D. of your Town Victualler is himself a man of evil behaviour and besides doth suffer evil rule and disorder to be kept in his House contrary to the Laws and Statutes of this Realm These are therefore in His Majesties Name to will and command you forthwith to repair to the House of the said R. D. and to charge him to cease from keeping any longer any Alehouse or Tippling-house and from common selling of Ale or Beer at his peril And withal that you cause his Sign to be pull'd down Hereof fail you not as you and either of you will answer to the contrary at your peril Given under our Hands and Seals at B. the _____ day of _____ in the year c. LXXII Dalt 361. cap. 1. Forfeitures A Warrant to levy money forfeited by Alehouse-haunters R. S. one of the Kings Majesties Justices of the Peace within the said County of C. to the Constables and Church-wardens of the Parish of W. and to every of them Greeting FOrasmuch as it hath been duly proved before me according to the Statute in that behalf provided that all and every the persons hereunder named Cambr. ss being Inhabitants within your Parish of W. upon the 12th day of this instant November have been and continued drinking and tippling in the House of G. W. of your said Town Inn-keeper or Alehouse-keeper c. contrary to the form of the same Statute These are therefore in his Majesties Name to charge and command you and every of you forthwith to levy by distress and sale of the Goods of every the said persons hereunder named the sum of three Shillings and four pence a piece which several
editi Et quod I.S. de C. predict ' in Com. E. predict Labourer tres aliae presonae ignot ' dicto 2 die Septemb ' Anno supradict ' dictum communem locum usitaverunt ac tunc ibidem cum Globis Anglice vocat Bowls insimul illicite Inserunt contra form ' Statut ' pred' c. LXXXIX West Symb. 2. part 155. Sect. 339. An Indictment of Misrule c. infra 91. Juratores pro Dom ' Rege super Sacramentum suum presentant quod T. E. de Essex ss c. in domo sua continue recepit hospitavit supportat vagabond ' meretrices alios diversos homines ociosos suspect ' malae conversationis continue custodivit malam regulam Gubernationem in domo suo ad grave nocumentum perturbationem omnium vicinorum suorum ac contra formam diversorum Statut ' c. ac contra paecem c. XC West Symb. 2. part 15. 7. b. Sect. 355. An Indictment of disorders c. Juratores pro Dom. Rege super Sacramentum suum presentant quod A. B. de C. c. est communis Tiplator â—ervisiae communis Barrectator pacis Dom ' Regis perturbator custodit manutenet quotidie noctanter in domo sua apud c. diversas personas suspect tam Homines quam Mulieres Vagabond ' ibidem bibentes jurantes ludentes ad luda illicita Essex ss viz. apud Cards and Dice in noctibus post horas debitas legitimas qui vigilant in nocte dormiunt in die nec non habet fidem opinionem contra fidem Dei hec verba dixit 2 Septemb. Anno apud c. in his Anglicanis verbis sequent ' God never took Flesh nor Blood of our Lady in presentia D. E. F. G. aliorum ligeorum dicti domini Regis in malum exemplum magnum nocumentum omnium aliorum ligeorum dicti Dom. Regis Coron ' dignitat ' suas XCI Practick Precedents 135. An Indictment for keeping a disordered Ale-house supra 89. Juratores pro Dom ' Rege super Sacramentum suum presentant quod G. R. Midd. ss nuper de A. in parochia de Islington in Com' M. pred Yeoman 2 die Julij Anno Regni c. diversis aliis diebus ac vicibus tam antea quam postea apud parochiam pred in com' pred' custodivit manutenuit adhuc custodit manutenet quam dam demum tiplatorium malegubernat ' inordinat ' Anglice vocat a common disordered Ale-house in eadem domo ad tunc ibidem permisit diversas personas otiosas male dispositas Juratoribus pred' ignot ' diversis temporibus tam per noctem quam per diem esse remanere tiplantes bibentes se malegerentes ad magnam inquietatem perturbationem omnium ligeorum subditorum dicti Dom ' Regis ibidem inhabitant ' in contempt ' Legum Angliae in malum exemplum omnium aliorum in hujusmodi casu delilnquentium ac contra pacem dicti Dommini Regis nunc Coronam dignitatem suas XCII Practick Precedents 89 90. An Indictment against a common Drunkard Juratores pro Dom ' Rege super Sacramentum suum presentant quod A. B. nuper de C. in Com' pred' Yeoman 10 die Midd. ss c. Anno Regni c. continue multis aliis diebus vicibus tam antea quam post predict diem c. Anno c. supradict ' apud C. predict ' in Com' predict ' alibi in diversis aliis locis infra Com' pred' fuit adhuc est communis poculator Anglice vocat ' a common Drunkard communis perturbator pacis dicti Dom ' Regis in malum exemplum fidelium subditorum dict' Dom ' Regis nunc contra pacem dicti Dom ' Regis Coronam Dignitatem suas c. Alien Allegiance Denizen Foreigner Strangers Peace I. DAlt. 164. cap. 68. An Alien born who is made a Denizen may have his surety of the Peace and so of an Alien born who liveth in England under the King's Protection although he be not made Denizen because Cromp. J. P. 134. b. it 's Felony to kill him Lamb. 2. cap. 2. page 80. War II. Dalt 164 165. cap. 68. And so of an Alien whose King is in League with our King or if there be no Wars between this Realm and that Realm whereof the Alien is for by the Common-Law all these may get and have within this Realm any personal Goods and sue for the same and so have the benefit of the King's Laws and Protection But an Alien who is the King's Enemy viz. where there is open War between our King and his King shall not have this surety granted to him nor any other benefit of the King's Laws Dyer 2. 7. Co. 16 17 c. Calvin's Case Cromp. J. P. 134. a. b. such Enemy may be killed Apprentice III. If an Alien born serve seven years as an Apprentice in England Query If he be within 5 Eliz. 4. § 31. N. 1. to set up his Trade see 1 R. 3. 9. § 9. 21 H. 8. 16. Merchant IV. 9 Ed. 3. Alien or Denizen Merchant except the King's Enemies may buy and sell where they will within Franchises or without 14 Ed. 3. 2. 2 L Ed. 3. St. 2. cap. 2. 5 H. 4. 7. Alms-houses see Poor Amerciaments Fines Forfeitures Contempts Affearment Estreats Force I. LAmb. 2. cap. 4. page 159. Touching the assessment of the Fines or Ransoms upon the Offenders so convicted by the Record of the Justice of Peace on 8 H. 6. 9. § N. of forcible entry and by his Warrant sent to the Gaol some men do think that the same Justice hath sufficient authority to put them to their Fines and upon Pledges found for the payment thereof to deliver them out of Prison again when he by his discretion shall think good for as they say he is only appointed Judge over this Offence and only hath the custody of that Record and knoweth best both how to moderate the Imprisonment and to rate the Fine according to the quantity of their Trespass and Offence and as he is bound by his Oath and Duty in their opinion to estreat all Issues and Amerciaments growing to the King by his enquiry so ought he also to estreat and send this into the Exchequer that from thence the Sheriff may be commanded to levy it to His Majesties behoof But granting this to be true yet to avoid all peril of dashing against the Rock of Doubt I think it the better course to refer this over also to the Kings Bench c. Justices II. Lamb. 3. cap. 2. page 355. Two Justices of the Peace whereof one to be of the Quorum appoinred by the Custos Rotulorum or by the eldest of the Quorum in his absence are to oversee and controul the Sheriffs
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
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
whether the power of Bail when it is required be not taken from them by some of those former Statutes recited and then whether that particular Statute it self against which the Prisoner is charged to offend do not specially prohibit the Bail XXVII Crompt 152 b. § 3. Nota in all cases where the Statute speaks that a man shall be imprisoned at the Kings will Prerogative the Prisoner cannot be enlarged or let to Mainprise until the King sends his pleasure concerning him Stamf. 77. who voucheth 24 Ed. 3. 33. the Case of one Forget who went Arm'd in the Palace at Westm. against 2 Ed. 3. 4. XXVIII Crompt 157 a. b He that is taken by commandment of the Kings Justices shall not be put to Mainprise by 3 Ed. 1. 15. § 1. N. 2. Justices and this is intend by their absolute commandment as if he commands one to Prison without shewing cause why he so commanded him either for a misdemeanour done before him or for such a thing that lyeth in discretion of the Justice more then in his ordinary power Stamf. 72 b. 73 a. XXIX Crompt 160. § 30. Amerciament When a Statute saith the offender shall be Fined at the Kings will this is to be intended that the Justices before whom the offence is examined shall assess the Fine by their discretions for the King speaks and shews his pleasure by the mouth of his Justices XXX Crompt 153. § 8. Error If Error appears of Record before Justices of the Peace in a thing for which a man is in Execution before them they ought to let him by Mainprise to sue a Writ of Error in another Court as where a man is in Execution upon an erroneous Recovery apparent of Record in Banco they ought to let him to Mainprise to sue a Writ of Error in B. R. but not for Error in fact 33 H. 6. 22. XXXI Crompt 153. § 10. Imprisonm Though the Justice of Peace commits one to the Goal for certain causes shewed in the Mittimus without Bail or Mainprise yet he may be bail'd if he be bailable But if he be committed without Bail or Mainprise and without shewing cause why he is committed in the Mittimus then another Justice of Peace doth not do well to Bail him without making him that committed him privy for he may be committed for cause that is not bailable Process XXXII Crompt 153. § 11. The Justice of Peace who commits any to the Goal by reason of his Office ought to shew the cause in his Mittimus to the intent that it may appear whether he be bailable or not Examination XXXIII Crompt 156 b. 157 a. Nota that when he that is taken for Felony shall be bail'd by the Justices of Peace before commitment he must be examin'd and bail'd by two Justices of the Peace who shall be together at the time of the Examination and Bailment 1 2 Phil. Mar. 13. § 3. N. 1. and Lamb. 339. supra 17. but where he is examined and committed he may be Bail'd by one Justice Hoc Nota. See 2 3 Phil. Mar. 10. § 2. N. 2. Forfeiture XXXIV Pasch 21 H. 7. 20 b. pl. 3. in Mainprise Br. 44. Nota per Fineux Ch. J. that wherever any one is Bail'd for suspicion of Felony until a certain day and this on pain to forfeit a certain sum of money at which day the party suspected cometh not in this case the party suspected shall forfeit a hundred shillings and if he were Indict of Felony and so Bail'd unto a certain day wherein he appears not he shall forfeit ten pounds to our Lord the King quod Nota. And note that the pledges themselves who so Bail'd him are obliged for his appearance viz. corpus pro corpore and besides that in a certain sum of money to be forfeited to the King unless he appear but where a man comes in viz. by Cepi corpus in a Writ of Trespass and is Bail'd his pledges are bound corpus pro corpore without any other sum and in that case if he for whose appearance by a day they are obliged by Recognizance do not come at the day limited then the pledges at the discretion of the Judges shall be amerced so note the diversity c. Crompt 157. Process XXXV Crompt 153. § 13. The Justices of Peace may discharge Mainpernors on their prayer and commit the party to prison Imprisonm XXXVI Crompt 157. A man is Bail for one suspected of Felony in 40 l. to appear at the Assizes and after he fears that the other will flee away it seemeth that he may take him and bring him before the Justice and thereupon he may commit him to the Goal if he doth not find other Sureties to appear and thereupon he may be discharg'd of his Recognizance that first Bail'd him 50 Ed. 3. 11. 5 Ed. 4. 31. N. B. B. 117. Dalt 306. cap. 114. Justices XXXVII Dalt 307. cap. 114. So if a Prisoner be Bail'd by insufficient persons the Justices of Peace ex officio may cause him to find better Sureties and may commit him as it seemeth till he shall so do for 3 Ed. 1. W. 1. cap. 15. requireth that such as be Bailed be let out by sufficient Surety Mainprise Br. 2. Pledges Br 1. 10. Co. 101. Dalt 174. cap. 70. Ability XXXVIII Dalt 306 307. And therefore although the number of such Sureties their sufficiency and the sum wherein they shall be bound resteth in some sort in the discretion of the Justice yet it is safe for them to take Sureties at the least and those to be Subsidy-men and to be bound in good sums especially if the Prisoner be in for Felony or suspicion thereof for the more and the more able the Sureties are the rather they will cause him that is bailed to appear And again for want of taking sufficient Bail the Justices of Peace are finable And at Cambridge Assizes Anno 1613. Judge Warberton threatned to have set 40 l. Fine upon two Justices of Peace who had bailed a Prisoner that was committed for suspicion of Felony and appeared not for that the Sureties were not Subsidy-men Quere If the Justices of Peace may not examine upon their Oaths the Sureties concerning their sufficiency or whether they be Subsidy-men Escape XXXIX Dalt 275. cap. 106. If the Justice of Peace c. shall bail one who is not bailable this is an escape Fitz. 4. Coron 246. viz. a negligent escape If it be in ignorance Cromp. 39. § 7. XL. Dalt 306. cap. 114. If any Justices of Peace do let to Bail or Mainprise any person who for any Offence by him committed Fines is declared not to be bailable or forbidden to be bailed by 3 Ed. 1. 15. the said Justices of Peace so offending shall pay such Fines as shall be assessed by the Justices of Gaol-delivery where the Offence shall be committed Query If
the Bond be void as 37 H. 6. 1. per Moyl XLI Dalt 307. cap. 114. I have seen a Report of a Case Process Trin. 37 Eliz. That upon an Assembly of all the Judges and Barons at Serjeant-Inn it was resolved and agreed by them to be put in ure in their Circuits That if a Justice of Peace should commit a man to the Gaol for Felony for which by Law he is not bailable but by his Mittimus he commits him generally not shewing any cause If other Justices of the Peace shall bail him not knowing of the matter c. they shall be fined for the same for they at their perils ought to inform themselves of the matter before they bail him XLII Dalt 310. cap. 114. If a Prisoner Judgment after he hath pleaded not Guilty be attaint by Verdict that he killed a man se defendendo or by misfortune yet he shall not be bailed by the Justice of Peace Quere Stamf. 74. Coron 297 354. XLIII Dalt 311. If a man be Accessary to two and the one Principal is attainted though the other be not yet the Accessary shall not be bailed Accessary Stamf. 71. Coron 200. XLIV Dalt 311. cap. 114. Process If any person be committed to Prison by Process from the Sessions made upon an Indictment upon any penal Statute not prohibiting Bail he may be bailed out of the Sessions by two Justices of the Peace one being of the Quorum or he may have a Warrant out of the Chancery directed to the Justices of the Peace or to the Sheriff to take Surety of him for his appearance before the Justices at their Sessions c. or he may have a Certiorari to remove the Record in B. R. and a Habeas Corpus to remove the Body thither also F. N. B. 250 251. XLV Lamb. 347. That persons are not bailable on 5 Rich. 2. 2. § 1. Money N. 10. commit for a whole year without Redemption for transporting Gold or Silver without License 2 H. 5. 8. § 2. N. 2. Rioters attainted of great and hainous Riots shall have one whole years Imprisonment at least Riot without being let out of Prison by Bail Mainprise or in any manner during the year 9 H. 5. 8. 2. cap. 8. § 1. N. 2. And Justices may hold falsifiers of Weights in Prison without Mainprise till they be acquit or attaint Measures 8 H. 6. 4. § 1. N. 11 Wearing Liveries for maintenance shall have a whole years Imprisonment without being let to Bail or Mainprise Maintenaece 22 H. 8. 5. § 4. N. 8. Ways Collector for Bridges refusing to accompt at Session to be committed without Bail or Mainprise till account made 23 H. 8. 2. § 2. N. 7. upon appearance of Collectors for Goods Poor six Justices to commit without Bail or Mainprise till Account and Payment c. 27 H. 8. 20. § 1. N. 6. Two Justices of the Peace Quorum unus Justices may commit without Bail or Mainprise till sufficient Surety by Recognizance c. to pay Tythes c. 32 H. 8. 7. § 4. N. 1. Two Justices Quorum unus Ordinary on Information of Ordinary c. to commit to next Gaol till Sureties by Recognizance or otherwise before the same Justices to obey Sentence of Ordinary for Tythes c. 33 H. 8. 9. § 9. N. 2. Alien Exporting long Bowes c. Auster le mere Imprison without Bail or Mainprise until Fine before two Justices in their Sessions 2 3 Ed. 6. 2. § 3. N. 1. War Souldier selling or putting away Horse or Harness Imprisonment without Bail or Mainprise until satisfaction to the Owner Ale 5 6 Ed. 6. 25. § 4. N. 1. Seller of Ale without License commit by two Justices Quorum unus without Bail or Mainprise for three days Market Overt Cap. 14. § 4. N. 1. Forestaller c. convict for the first Offence Imprison two months without Bail or Mainprise Riot 1 Mar. 1 St. 2. cap. 12. § 5. N. 1. Above two unlawfully assembled to throw down Pales Hedges c. Imprison a year without Bail or Mainprise Coron 1 2 Ph. Mar. 5. § 4. N. 1. Transporting Corn without license Imprison a whole year without Bail or Mainprise War 4 5 Ph. Mar. 3. § 5. N. 3. Justices before whom party is convict for false Musters c. Imprison without Bail or Mainprise until payment of the Forfeiture Religion 1 Mar. 1 St. 2. cap. 2. § 6. N. 3. Not recanting at next Sessions disturbance of Preacher c. commit without Bail or Mainprise till reconcile Religion 1 Eliz. 2. § 4. N. 6. Depraver of Common Prayer Imprison for six months without Bail or Mainprise Fees 5 Eliz. 4. § 9. N. 1. Taking Wages contrary to Stat. imprison twenty days without Bail or Mainprise Fish Cap. 5. Eating Flesh on Fish-days forfeit 3 l. or close imprisonment three months without Bail or Mainprise Forgery Cap. 14. § 3. N. 7. Imprisonment a year c. without Bail or Mainprise for Forgery Conjuration Cap. 15. § 2. N. 3. Convicted for false Prophesies imprison a year without Bail or Mainprise Forrest Cap. 21 § 2. N. 6. After three months imprison for taking Deer Fish or Hawks imprison without Bail or Mainprise until Sureties of Good behaviour 7 years and never to offend again Cattle 8 Eliz. 3. § 2. N. 1. Transporting Sheep imprison one year without Bail or Mainprise Purveyance 13 Eliz. 21. § 1. N. 9. Imprisonment of Purveyor within five miles of University as 2 3 Phil. Mar. 15. § 2. N. 3. viz. for three months without Bail or Mainprise Bastardy 18 Eliz. 3. § 2. N. 5. Reputed Father or Mother of Bastard perform not order of Justices c. to be commit without Bail or Mainprise except he or she put in sufficient Surety to appear next Sessions c. Schools 23 Eliz. 1. § 7. N. 2. Schoolmaster without License imprison one year without Bail or Mainprise Religion 35 Eliz. 1. § 1. N. 4. Present or joyning in Conventicle c. convicted commit without Bail or Mainprise until Conformity Drapery 39 Eliz. 11. § 2. N. 3. Refusing to be bound to Sessions to discover Logwood to be commit to the next Goal till bound with Sureties c. War Cap. 16. § 1. N. 3. Disobeying Justices order of suppressing Musters commit without Bail or Mainprise for three days and till Recogn of 40 l. to perform order Poor 43 Eliz. 2. § 4. N. 2. For want of distress commit by two Justices without Bail or Mainprise until payment of Tax to the Poor Fowl 1 Jac. 27. § 2. N. 4. Unlawful destroyer of Pheasant Hares c. Partridge Pidgeon c. committed for three months without Bail or Mainprise unless offender pay 20 s. c. Poor Cap. 31. § 3. N. 1. On
or Tales or to meddle with the execution of Process in any Court of Record have not before taken the Oath of Supremacy and of Office c. Crompt 57. 27 Eliz. 12. § 4. N. 1. Enquest III. Crompt 182 b. Nota that where the King is party if the Sheriff sends to the Bailiff of a Liberty to retorn the Pannel he shall be Amerced and the Pannel quasht for no liberty holds where the King is party Fees IV. 37 Eliz. 4. Of Franchise or Liberties c. nor any of their Officers Servants Bailiffs nor Deputies to do no Extortion Arrest V. 22 23 Car. 2. cap. 20. 7. § 9. N. 2. Under-Sheriffs Bailiffs Serjeant at Mace or other Officers shall not carry persons Arrest to the Tavern Alehouse or Victualling-house c. to put them to charge without consent c. Baker Badger see Corn. Bankrupts Indictment I. 21 Jac. 19. § 7. N. 1. That Bankrupt on examination concealing Goods c. may be Indicted at Assizes or the General Sessions to be holden before the Judges of Assize or Justices of the Peace of the County or place where he or she shall become Bankrupt and Pillory if found Barrettors see Maintenance Bark see Leather Woods Bargain and Sale see Market Overt Baron Feme Coverture Women I. 3 Jac. 4. § 40. N. 1. Forfeit None to be charged with penalty for Wives offence in not receiving the Sacrament during Marriage nor any woman to be charged for such offence II. 3 Jac. 5. § 10. N. 1. Married woman convict Recusant Women whose Husband is none not coming to Church in a year forfeits two parts of Joynture or Dower and disable to be Executor or Administrator III. 22 Car. 2. 1. § 16. N. 1. If person offending in Conventicle and convict be a Feme covert co-habiting with her Husband Forfeiture the penalties of five shillings and ten shillings shall be levied on his Goods IV. Lamb. 78 79. The Wife if she be threatned to be killed Peace or to be outragiously chastised by her Husband may with good reason demand the Peace against him F. N. B. 80. F. 230. and I do not doubt but that a Justice of Peace may in such a case happening in his presence command it upon his own discretion The Husband may also demand the Peace against his own Wife in like case and any man may demand it against the Wife of another by Marrow Crompt 133 b. 136. V. Crompt 136 b. Justification A man may beat another in defence of his Wife and Children 21 H. 7. 41. 35 H. 6. 56. 9 Ed. 4. 51. VI. Crompt 144 b. Appearance The Husband is bound that he and his Wife shall appear at such a Sessions and that they keep the Peace in the mean time at the day the Husband appears but not the Wife the Recognizance is not forfeited because if there be any cause further to find Surety the Husband shall be bound and not the Wife and therefore the appearance of the Wife is not material yet Dalt 175. cap. 71. saith Quaere on 8 Ed. 2. Forfeiture 17. VII The Laws c. 26. abr 23. Pope A Feme covert is within 1 Eliz. 2. § 14. N. 2. and shall forfeit 12 d. if she repair not to Church every Sunday and Holy-day 11 Co. 61. Dr. Fosters Ca. 3 Bulstr 87. Laws Ca. 1 Roll. 93. c. 41. Hob. 97. Moor Hussey VIII The Laws c. 68. abr 72. N. 7. Religion If a Feme covert be Indicted at the Kings Suit for an offence within 23 Eliz. 1. § 5. N. 1. she may be charged with the penalty after her Husbands death but the Husband is not chargable nor shall pay the penalty for that he is no party to the Judgment and this was one of the causes of making 35 Eliz. 1. § 10. N. 1. by which the King may have debt and recover the forfeiture against the Husband 1 Roll. 93 94. Fosters Ca. Savell 25. c. 59. IX The Laws c. 75. abr 79. N. 10. Information An Action of debt or Information tam pro Domino Rege quam c. lyeth upon 23 Eliz. 1. § 11. N. 1. against the Husband and Wife for the Recusancy of the Wife and he is liable to the 20 l. per month notwithstanding he himself be no Recusant 3 Bulstr 87. 1 Roll. 93. Hob. 97. Savell 25. c. 59. But the Wife cannot appear by Supersedeas alone without her Husband for both must appear or both be Outlawed Hob. 179. Lovedens Ca. Nor can she plead or joyn Issue without her Husband 2 Roll. 90. 2 Cr. 530. Poor X. Lamb. 206. § 3. If the Husband or Wife have a House and the Husband or Wife rogue about they ought to be sent to the Town where that House is and so of an Inmate Dalt 125. cap. 47. XI Pract. Preced 82. An Indictment for taking away a woman with her Husbands Goods Kanc. ss Juratores pro Domino Rege super sacramentum suum presentant quod A. B. de C. in Com' K. predict ' 10 die c. Anno regni c. vi armis viz. gladiis c. E. M. uxorem cujusd ' B. M. apud c. rapuit eam cum bonis catallis viz. c. ipsius B. M. cepit abduxit ea eidem B. M. adhuc injuste detinet contra pacem dicti Domini Regis nunc coronam dignitatem suas c. XII Pract. Preced 114. An Indictment for marrying two Wives 1 Jac. 11. Middlesex ss Juratores pro Domino Rege super sacramentum suum presentant quod A. B. nuper de parochia Sancti Egidii in Campis in Com' Midd. predict ' Gen ' 6 die Junii Anno regni c. apud paroch ' Sancti Martini in Campis in Com' predict ' duxit in uxorem quandam S. E. Spinster adtunc ibidem eandem S. E. in uxorem suam habuit quodque predict ' A. B. postea scil 21 die Maii Anno regni c. apud paroch ' de Marybone in Com' Midd. predict ' felonicè uxorem duxit quandam W. I. Spinster eidem W. I. adtunc ibidem scil dicto 21 die Maii Anno supradict ' apud paroch ' de Marybone predict ' in Com' predict ' maritat ' fuit predicta S. E. priori uxore adtunc superstite in plena vita existent ' contra pacem dicti Domini Regis nunc coronam dignitatem suas c. necnon contra form ' Statuti in hujusmodi casu edit ' provisi Et quod predict ' A. B. postea scil Anno 20 supradict ' apud paroch ' Sancti Egidii in Campis predict ' pro felonia predict ' capt ' arrestat ' fuit Bastardy Bawdry Adultery Coron Poor Incontinence Arrest I. LAmb. 118 119. It is admitted by the opinion of the Court 13 H. 7. 10. That if a man in the
provisorum conspiratione covina apud T. predict ' 8 die c. habit ' diversis temporibus postea simul unit ' confederat ' jurat ' falso fraudulenter malitiose venerunt ad vindicand ' destruend ' perturband ' placitand ' adnihiland ' finaliter adnulland ' fideles innocentes ligeos dicti Domini Regis pro lucro ad eorum proprium usum capiendo societatem inierunt adinvicem juraverunt ad simul standum contra dictum Dominum Regem quoscunque ligeos suos in omnibus singulis materiis placitis querelis per ipsos eorum quemlibet motis seu movendis si eorum aliquis cum aliquo placita materiam seu quaerelam moveret quod ipsi eorum quilibet cum eo sic materiam quaerelam scu placitum movent stare perseverare deberent deberet si aliquis eorum aliquam quaerelam seu placitum nomine alterius personae cujuscunque versus aliam personam super se assumpserit manutenend ' extunc eorum quilibet quaerelam sectam seu placit ' predict ' tanquam quaerelam sectam seu placitum nomine eorum prosecut ' manuteneret foveret teneret recto veritate justitia jure omnino postpositis sublat ' Virtute quorum quidem unionis conspirationis juramenti confederationis manutentionis predictorum I. P. R. B. al' sic in unum Globat ' Jurat ' postea viz. c. die c. Anno c. conspiratione inde inter eos apud C. in Com' predict ' prehabita quendam I. H. de eo quod ipse 3 die c. Anno c. unum Equum pretii c. de bonis catallis predict ' I. P. R. B. apud S. invent ' felonice furatus fuit cepit abduxit falso malitiose Indictari procuraverunt predict ' I. P. R. B. alii modo forma predict ' uniti confederati diversa falsa placita sectas quaerelas innumerabiles tam nominibus eorum propriis quam nominibus aliarum personarum eis falso malitiose congregat ' uniti prosecuti fuerunt manutenuerunt indies prosequuntur manutenent viz. predict ' I. P. ad Hundred ' Domini P. Militis apud C. predict ' 13 die c. Anno c. tent ' eodem I. ad tunc Ballivo ejusd ' Hundredi existent ad statum possessionem R. S. A. uxoris suae adnulland ' pro eo quod ad quamlibet Curiam Hundredi ibidem successive tenend ' predict ' R. uxorem suam ibidem producere requiret ita quod excessiva Amerciamenta in status eorum depauperationem fuerent evenerent consideratione Taxator ' Amerciament ' Curiae predict ' semper de covina predict ' I. P. extiterunt 13 quaerelas de placito transgressionis nomine W. Y. R. B. quatuor quaerelas transgr ' nomine W. E. absque vera materia seu justa causa separat ' versus predict ' R. S. A. levavit intravit ac predict ' querentes hujusmodi quaerelas levare procuravit ad grave damnum ipsorum R. A. contra formam ordinationis in hujusmodi casu provisi c. Indictment X. West Symb. 2 part 103. sect 98. An Indictment for a Conspiracy of divers Bakers touching the making of Bread Pract. Preced 108. 2 3 Ed. 6. cap. 15. Lincoln ss Juratores pro Domine Rege super sacramentum suum presentant quod A. B. C. D. E. F. G. H. c. de M. in dict' Comitat ' L. Pistores 2 die Octob. Anno regni c. apud M. predict ' in Com' L. predict ' insimul convenerunt conspiraverunt ac mutuo inter se promiserunt quod panes denarii de integro frumento per eos seu eorum aliquem tum deinceps faciend ' ac vendend ' non amplius quam 2 libr. 6 uncias Troici ponderis habebit ponderabit quodcunque in posterum foret unius quarterii frumenti pretium in dicti Domini Regis contempt ' ac in extrem ' pauperum dicti Domini Regis subditorum gravamen necnon contra form ' Statut ' in hujusmodi casu provisorum ac editorum Constable Officer Headborough Thirdborough Tythingman Pety-Constable Borsholder Officer I. LAmb. 1. cap. 3. pag. 14. These Constables were ordained as it appeareth by 3 H. 4. 9. 10 H. 4. Fitzh 172. to keep the Peace and to repress Felons and might take Surety of the Peace by Obligation if they found any man making an Affray or otherwise commit him to Prison until he should find such Surety Br. 23. Dalt 4. cap. 1. Peace II. Crompt 6 b. § 5. Item the Constables of Hundreds Vills Wapentakes Laths and Tythings were and are Conservators of the Peace by the Common Law within the Hundreds and their Limits as appears tit Constables 222 b. 12 H. 7. 17. 5 H. 7. 6. 20 Ed. 4. 27. 13 H. 7. 10. Commission III. Crompt 222 b. And before the Statutes that made Justices of the Peace the King by his Commission made Conservators of his Peace in the Counties and places where it seemed good to him so to do and the Authority that was in the Conservators of the Peace by the Common Law is the same Authority that the Constable of a Vill or Wapentake hath at this day by the Common Law Dalt 47. cap. 16. Infra § 54 56. IV. Dalt 3. cap. 1. Pety-Sessions The High-Constables of Hundreds are Conservators of the Peace within their several Hundreds and Limits by the Common Law 12 H. 7. 18. Crompt 6 b. 222 b. and therefore these High-Constables at their Pety-Sessions for any Affray made in disturbance of their Court may imprison the offenders 11 Co. 43 44. Dalt 46. cap. 16. V. Dalt 3. cap. 1. Peace Every Pety-Constable within the limits of their several Towns be Conservators of the Peace at the Common Law by vertue of their Office see tit Affray Forcible Entry Dalt 204. cap. 78. and these Pety-Constables may do what they can to keep the Peace but they cannot take Surety of the Peace at the request of any man Crompt 6 b. 222 b. 12 H. 7. 18. Infra 17. Kitch 47 b. Infra § 65. VI. Lamb. 1. cap. 3. pag. 15. Bail I have read also that a Constable might at the Common Law have Bailed a suspect of Felony by Obligat ' because he was a Conservator of the peace and that both he and the Sheriff lost this Authority by the Statutes 3 H. 7. 3. § 1. N. 2. 1 2 Phil. Mar. 13. the which Statutes in giving that power to Justices of the Peace do in the opinion of some men take it from the Sheriff and Constable reported by Justice Dalison VII Lamb. 1. cap. 13. pag. 65. Process And if a Justice of Peace make any Warrant although it be beyond his Authority yet is it
opinion which do hold 1 H. 7. Imprisonment 7. that if Information be given to any such Officer that a man and a woman be in Adultry or Fornication together then the Officer may take company with him and that if he find them so he may carry them to Prison XXII Lamb. ibid. 18. But this is to be marked Imprisonment that in the cases before and such-like where such an Officer hath arrested or hath in his ward any Offender that ought to be carried to the Goal there such an Officer is not bound forthwith to carry him but may well for a reasonable time keep him in the Stocks until that convenient provision of strength may be made to convey him safely thither 22 Ed. 3. 35. 3 H. 4. 9. Crompt 224. XXIII Lamb. Duty of Constable 20 21 22. Process If a Warrant for the peace or good abearing happen to be directed to any of these said Officers then ought he with all speed and secresie to find out the party and then also may he lay his hands upon him and shew him the matter and require him in the King's Name to go with him to put in Surety according to the Warrant 21 H. 7. 39. And this if the party shall refuse to do then ought such Officer forthwith to arrest him and to convey him to Prison without carrying him to any Justice in which doing if the party shall offer any resistance or seek to escape then also may such Officer justifie the beating or hurting of him but if the party shall yield to go and give Surety and yet will not go to such Justice as made out the Warrant but to some other Justice then ought such Officer to give him that liberty so that it be not far out of the limit for else so great travel might follow upon the Officer as rather he than the Offender might seem to be punished by it 21 H. 7. 20. And here the Officer must take regard and consider whether the Warrant do come directly from the meer authority of the Justices of Peace or else be grounded upon a Writ of Supplicavit sent down from higher authority which difference ought to appear plainly in all Warrants that be well and orderly made And if the Warrant be grounded upon such a Writ then may such Officer compel the party to go to the very same Justice or Justices of Peace that made out the Warrant and otherwise he may convey him to Prison c. Neither is it requisite that such an Officer should dance after the party as many use to do till he can find out Sureties but he may lawfully keep him until that he can get Sureties to come unto him the ignorance of which point is the cause both that many an evil man escapeth and many an honest Officer is punished for it But here it happeneth many times that the party hearing that such a Warrant is granted against him offereth himself with Sureties for that cause unto some other Justice of the Peace or findeth such Surety in some of the Courts at Westminster 21 Jac. 8. § 3. and so hath a Supersedeas ready to shew such Officer as cometh to him with a Warrant c. then is the Officer discharged thereby and ought not any longer to molest the party But yet it shall be good that such Officer do keep the Supersedeas for his better discharge and shew it to the Justice from whom he received the Commandment of service lest otherwise he be called to account for not serving the Warrant that was sent unto him XXIV Lamb. Duty of Constable 22. Process If a Warrant be directed to a Constable or such other Officer to arrest one that is Indicted of Felony then may such Officer justifie the killing of such a party if it be so that he cannot otherwise take him or if so be that he resist or fly when he is taken 22 Ass 59. Coron 261 288 328. Justices XXV Lamb. Duty of Constable 23 24. § 17. All Constables and other Officers ought to be attendant aiding and assisting to the Justices of Peace for the execution of all Acts made in or before 33 H. 8. 10. § N. concerning Reteiners Liveries Maintenance Imbracery Bow-staves Archery unlawful Games Forestallers Regrators Victuallers Inn-holders or any of them on pain to make such Fine as by two of the said Justices shall be assessed Physitians XXVI Lamb. ibid. 24. All Constables c. within London or 7 miles ought upon request made to aid and assist the President of the Colledge of Physicians c. for the due execution of the Statutes 14 15 H. 8. 5. § N. 32 H. 8. 40. § 1. N. 3. Purveyance XXVII Lamb. Duty of Constable 25. § 19. No Purveyor of the King ought to take any Horse or Cart c. but by delivery of the Mayor Bailiff Constable or such other Officer of the place whence that taking shall be 28 H. 6. 2. Cromp. 223 b. 224 b. War XXVIII Lamb. ibid. 27. § 22. All Constables c. of the Parish or place where any of the King's Souldiers beyond the Seas being mustered of Record shall happen to arrive may arrest and stay such Souldiers till it be enquired whether they be lawfully departed from their Captains or no 18 H. 6. 19. § N. Crompt 224 a. b. Petty-sessions XXIX Lamb. 29. § 24. It seemeth to me that the words High-Constable High-Tythingman and head Officers in 14 Eliz. 5. § 37. 2. N. 2. for levying relief for Goal c. do exclude Petty-Constables Borsholders and such-like to meddle therein because none are called High or Head but in comparison of Low and Base Lamb. 51. § 46. ibid. Officer XXX Lamb. 29 30. ibid. High-Constables of Hundreds in all such Shires where Petty-Sessions for Servants and Labourers otherwise called Statute-Sessions were used to be kept before the first day of the Parliament 5 Eliz. 4. § 48. N. 1. may yet still hold their said Sessions so that nothing be done in them repugnant to the Statute c. Indictment XXXI Lamb. ibid. 30. The Constables of Hundreds and of Franchises ought to make presentment to the Justices of Peace and to all other Justices thereto assigned of the defaults of Watches and of the defaults of the King's Highways not enlarged fenced c. and of lodging strangers 13 Ed. 1. cap. 4 5. of Winchester Petty-sessions XXXII Lamb. Duty of Constable 30. § 27. And every Constable of Hundred c. 4 Ed. 4. 1. § 6. N. 3. may hear and determine Complaints of Cloth-workers c. by examination of parties and may commit to Goal such as refuse to pay their work-folks Crompt 224 b. Forfeitures XXXIII Lamb. 30 31. ibid. Estreats indented ought to be made by the Clarks of the Peace and Stewards of Leets of all Forfeitures arising in the Sessions of the Peace or in Leets upon the Statutes of High-ways 2
serviceable if by a Law to be made in Parliament every Town and Village were to have a Tythingman or such other Officer or the like to attend this service of the Constable in his absence at the least for that for want of such assistance Rogues Vagabonds and the like knowing their times now travel up and down far more boldly Peace 9. If any man shall make an Affray or Assault upon another in the presence of the Constable or Borsholder or if any man in the presence of the Constable shall threaten to kill beat or hurt another or shall be in a fury ready to break the Peace In every of these cases the Constable or Borsholder may commit the Offender to the Stocks or to some other safe custody for the present as his or their Quality requireth 10. And after may carry them before some Justice of the Peace or to the Goal until they shall find Surety for the Peace which Surety the Constable himself may also take by Obligation to be sealed and delivered to the King's use And if the party will not find such Surety to the Constable he may Imprison the party until he shall do it Imprisonm LXXVIII Dalt 4 5. cap. 1. I have seen the Report of Trin. 35 Eliz. Rot. 1458. C. B. Skarret against Hanmer In Faux Imprisonment for arresting the Plaintiff and Imprisoning him c. The Defendant to the Imprisonment pleaded that he was High-Constable of the Hundred of E. in the County of S. and that the Plaintiff made an Affray within the said Hundred upon one H. W. who presently came to him and told him thereof and swore upon a Book that he was in fear of his life by the other whereupon the Defendant came to the Plaintiff and arrested and imprisoned him until he had found sufficient Sureties for the Peace upon which the Plaintiff demurred 2. And it was adjudged that the Plea of the Defendant was insufficient 1st For that he was not present at the Assault and Affray and 2d For that he was the High-Constable of the Hundred and not Constable of the Town Peace 3. In the argument of this Case Anderson held Constables to be Conservators of the Peace at the Common-Law and still so to be and that they ought to preserve the Peace as much as in them lieth But that said he was by parting of men which he should see breaking of the Peace and to carry them before a Justice of Peace to find Sureties for keeping thereof but to take Sureties himself the Constable cannot Bail 4. And those which hold that he may take Surety cannot tell what Surety that should be for he cannot take a Recognizance nor Bail for he is no Officer of Record Certificate 5. And if he should take an Obligation how the same shall be certified and into what Cour◠Anderson said he knew not and that it should be very inconvenient to give such Authority to every Constable But by Walmesly Owen and Beaumont although a Constable cannot take Surety of the Peace by Recognizance nor Bail yet he may take an Obligation according to 10 Ed. 4. 18. Surety Br. 26. And if the Affray be in their presence they are Conservators of the Peace and therefore may use such means for the keeping of the Peace by taking Surety by Obligation 6. And that before Justices of Peace were the Peace was preserved and that by Constables and that Statute 1 Ed. 3. St. 2. cap. 16. which ordained Justices of Peace did not take away the authority of the Constable 7. But the Constable hath no authority to take an Oath of the party Oath that he is in fear c. 8. Whereunto Anderson Chief Justice replied I doubt not but that at the Common-Law the Peace was kept but that was to be done in such manner as the Law appointed and that is by Writ out of the Chancery or B. R. 9. Arrest And yet I have seen another Author supposed to be Sir Thomas Egerton after Lord Chancellor who writeth in these words By the Common Law the Constables Office was to Arrest the parties that had broken the Peace or were ready to break the Peace scil if either he had seen it himself or were truly informed thereof by others or upon the confession of the party who had freshly broken the Peace 10. Imprisonment And that all such offenders the Constable might imprison in the Stocks or in his own House as the quality required until they had been bound by Obligation with Sureties to the King to keep the Peace from henceforth Which Obligation was to be sealed and delivered to the Constable Obligation to the use of the King And the Constable was to send it into the Exchequer or Chancery from whence Process should be awarded to levy the debt if the Peace be broken quod Nota. See also Finch Nommot 127. 136. cap. 22. LXXIX Pract. Preced 133. Process An Indictment against a Constable for neglecting to execute a Justices Warrant Midd ' ss Juratores pro Domino Rege super sacramentum suum presentant quod cum S. P. Armiger unus Justiciar ' dicti Domini Regis ad pacem in Com' M. predict ' conservand ' assignat ' 12 die Januarii Anno regni c. per Warrantum suum in scriptis debito modo confect ' mandasset omnibus Constabular ' Decennar ' aliis dicti Domini Regis Officiar ' infra Com' Midd. predict ' ad quos Warrant ' predict ' deveniret quod immediate post receptionem istius Warrant ' caperent corpora A. I. E. I. uxorem ejus quod dictos A. I. E. uxorem ejus ducerent coram prefat ' S. P. ad respondend ' eis omnibus singulis quae versus eos ex parte dicti Domini Regis objicerentur Quod quidem Warrantum postea scil dicto 12 die Januarii Anno supradict ' cuidem W. R. ad tunc adhuc existent ' unum Decennar ' Anglice Headborough parochiae Sancti Egidii extra Cripplegate in Com' Midd. predict ' apud paroch ' predict ' in Com' predict ' deliberat ' fuit in forma juris exequend ' predictus tamen W. R. de parochia Sancti Egidii predict ' in Com' predict ' Victualler debitum suum in hac parte parvi pendens à predicto 12 die Januarii Anno supradict ' usque diem capt ' hujus Inquisition ' apud paroch ' predict ' in Com' predict ' in executione Officii sui circa premissa tepide remisse negligenter se habuit execution ' Warranti predict ' per tempus supradict ' totaliter neglexit contemptuose recusavit contra Officii sui debitum in hac parte in manifestum contempt ' dicti Domini Regis nunc Legumque suarum ad magnam justitiae retardationem in malum perniciosum exemplum omnium aliorum in hujusmodi casu delinquent ' contra pacem dicti Domini Regis nunc
that case provided by which he hath forfeited 5. s. to the use of the poor c. These are therefore to Authorize and Require you c. Given under my Hand and Seal c. Shepherds Clerks Cabinet 20 21. A Warrant upon 1 Car. 1. cap. 1. against Officers for negligence Games To the Constables Churchwardens and Overseers of the Poor of the Parish of N. in the County of Glouc. Glouc. ff Information and Complaint being given in and made unto us W. S. and I. S. two of his Majesties Justices c. that the prophanation of the Lords Day is very much and frequently practised within your Parish by disorderly meetings of young people by Gaming Sports and Pastimes Drinking Tipling and by other means contrary to the Laws in that case provided and that you are negligent in the duties laid upon you by the same Laws These are therefore straitly to charge you henceforth to look to it that no such disorders be hereafter among you but that you forbid the same and that you do from time to time according to the duty of your places make diligent search for the finding out apprehending and punishing of all them that shall be found offenders herein and that you do inform us hereof as occasion shall be And that you or some of you appear before the Justices of the Peace at the house of c. upon c. to bring in the Names in writing of those persons who shall in the mean time offend in the Premisses Letting you to know that if you fail hereof we shall not fail to inflict the punishment appointed by the same Laws upon you for your neglect therein Given under our Hands c. Death see Coron Dear see Forest Deceit see Collusion Deeds see Inrollment Dedimus Potestatem see Oath Demurrer see Pleading Denyal of Offence see Proof Deodand see Coron Departure see Apprentice Deputy see Officer Denizen see Alien Dignity Peers Priviledge nosine Tryals Addition LAmbert 4. cap. 5. pag. 480. even so ought it to have been at the Common Law also viz. before 1 H. 5. 5. of additions in Indictments where process of Outlawry lay c. as touching Names of Dignity made by Creation as Duke Marquess Earl Viscount Arch-Bishop Bishop Knight or Serjeant at Law because every of these Titles was accounted parcel of the Name But it was not so of the Names of Baron Baneret and Esquire which are but Names of Dignity without collation nor of Chancellor Treasurer Chamberlain Sheriff Coroner Escheator Bayliff Dean Arch-Deacon Prebendary or Parson Which are Names of Dignity by reason of Office only unless the presentment did charge them in respect of their Offices II. Lamb. 531. I mean by the word Nobility as our Law speaketh Nosine which calleth none Noble under the degree of a Baron and not as men of foreign Countries do use to speak with whom every man of Gentile Birth is accounted Noble For we daily see that both Gentlemen and Knights do serve in the Parliament as Members of the Commons Howbeit in cases of forcible Entry Riot and unlawful Assembly or such like they of the Nobility shall be tryed by twelve men even as other inferior Subjects 3 4 Ph. Mar. reported by Dalison III. Crompt 134 135. A man who would have the Peace against a Lord Peace or such a Great Man whom the Sheriff durst not Arrest may have a Sub-poena out of the Chancery against him of common right as it was held in the Exchequer Chamber by all the Justices in the Case of the Dutchess of Suffolk 35 H. 6. Subpoena 20. Query If he will not appear upon the Sub-poena if he shall have an Attachment for it was held in the case of the Lord Cromwel in Chancery about 18 Eliz. that an Attachment doth not lye against a Lord where he makes default upon a Sub-poena against him out of the Chancery see Dyer 315. Pl. accord see Rast Entr. 29. The Lord Tiploss threatned and assaulted another and it was made appear and commanded that he should not meddle who promised it see 24 Ed. 3. 33 Contempts Br. 6. the like mattec 17 Ed. 4. 4. IV. Dalt I. S. 16. cap. 68. Recogn the Law hath conceived such an opinion of the peaceable disposition of Noblemen that it hath been thought enough to take one of their promises upon his Honour that he would not break the Peace against a man And therefore if a man shall have cause to have surety of the Peace against a Lord of the Parliament or such Great and Noble Personage he shall not have a Warrant from the Justices of the Peace to that purpose nor yet have a Supplicant out of the Chancery directed to the Justices of Peace therefore but if there be cause he shall have a Sub-poena 20. of common right as it seemeth out of the Chancery and there such Lord c. shall be bound to the Peace c. Contempt 134. V. Dalt 161 162. cap. 68. Arrest But though it be true that the person of a Baron who is a Peer of the Parliament shall not be arrested for or in cases of Debt or Trespass by his Body in respect of their Dignity and Sufficiency yet in cases of Contempt it seemeth they may be arrested by Capias or Attachment c. 27 A. 8. 22. b. 6 Co. 53 54. 11 H. 415. Replevin Br. 19. 9 Co. 45. or else it seemeth that the party may have the Peace in the Chancery against such Lord or Peer to have a Supplicant to the Sheriff c. F. N. B. 79. VI. Dalt 335. cap. 118. Process But the Justices of Peace are not to grant their Warrants for the Peace or the like against any Nobleman And yet if a Capias or Attachment shall be awarded against a Baron or Peer of the Realm from the Kings Justices at Westminster for a Contempt or in case of Debt or Trespass the Officer without any offence of Law may execute the same c. Distress see Process and Replevin Drapery Cloth Dyers Wooll Logwood I. LAmbert 3. cap. 1. pag. 331. Two such Justices quorum unus Corporation may once every year appoint Overseers for the whole year following of Cloth to be made or sold in any Town not being Corporate and may charge them upon their Oaths to see execution of some parts of the Statute 3 4 Ed. 6. 2 P. I. N. 1 Dalt 42. cap. 14. Officer II. Lamb. 364. If any person commanded by two Justices of Peace to appear to be made an Overseer to see 3 4 Ed. 6. 2 § 12. N. 1. kept do without reasonable excuse refuse to come and to take upon him that Office he is to forfeit for every such refusal 40. s. and thereof those Justices are appointed to have the one half Collusion III. Lamb. 461 462. Inquiry at Sessions on 3 4 Ed. 6. 2 § 1. N. 1. If any Clothier have not set
Crompt 177. § 23. Boult 70. 71. Lamb. 572. infra Ale IV. 5 6 Ed. 6. 25. Alehouse-keepers to pay only 12 d. for recognizances Lambert 431. Crompt 176. § 10. Justices V. 5 Eliz. 4. § 38. N. 1. Fees of Justices of Peace sitting in Execuon of this Act of Labourers 5 s per diem Crompt 176. b. § 21. Licence VI. 27 Eliz. 4. § 10. N. To Clerk of the Peace c. for license of Kidder Drover Badger c. and for Recognisanzance 8 d. Register 4 d. Licence VII 1 Jac. 27. § 7. N. 1. Clerk of the Peace to take only 12 d. for licence to shoot in Hand-gun c. Inrolment VIII Lambert 4. cap. 4. pag. 430. 431. Enquiry in Sessions if the Clerk of the Peace have taken above 12 d. for the Inrollment of a Bargain and Sale of any Land not exceeding 40 s. per Annum or above 2 s. 6 d. if the Land exceed the value of 40 s. by the year 27 H. 8. 16. § 1. N. 4. Crompt 59. § 31. or have taken above 2 s. in all for any Licence or Recognizance of a Badger Drover Kidder or Lader and for the Registering thereof 5 Eliz. 12. § 6. N. 3. or have taken above 12 d. for a Recognizance of him that taketh a Rogue into his service for one year 14 Eliz. 5 § N. Crompt 59. b. § 32. 33. 177. Extortion IX Crompt 57 b. § 1. Nota the Commissioner § 6. gives power to the Justices of Peace to enquire of all Extortions generally Crompt 8. b. § 33. Officer X. Crompt 175. b. 176. § 5. The Commission gives power to the Justices of Peace to enquire of Extortions and therefore where a Statute gives Fees to an Officer who takes more the Justices of Peace may inquire thereof tho the Statute doth not give it Justices XI Crompt 176. § 9. It s said that a Justice of Peace shall have for his Fee for every Recognisance taken by him of the Peace 2 s. and for Recognisance of the Bailment of a Prisoner 2 s. and for every Supersedeas of the Peace 2 s. for every Warrant of the Peace under his Seal 2 s. and for recording a release of the Peace 2 s. and for a Precept which toucheth the Peace 4 d. XII Crompt 177. Ab. § 32. Lords of Franchises shall by 12 R. 2. 10 § 1. N. 5. be contributory to the Wages of the Justices of Peace Franchise and this shall be intended that if any Lord of a Franchise hath the Fines and Amerciaments of all his Tenants and Inhabitants within such a Vill where c. that the Fines and Amerciaments shall be rated for the Portion and the Sheriff shall retain so much of them when the Lord demands them in the Exchequer and if the Lord may levy them by his Officers as he may by the Kings Grant then the Justices of Peace shall be paid by the Lord himself Marrow Lect. 10. Boult 2. cap. 22. pag. 70. XIII Crompt 177. b. Justices Every one of the eight Justices who is not a Baron or c. who comes to the Quarter Sessions shall have 4 s. by the day that they serve there and their Clerk viz. the Clerk of the Peace 2 s. 12 Rich. 2. 10. Boult 70 71. XIV Crompt 177. b. Constable The Constable who arrests one that is like to make an affray shall take no Fine nor Fee of him for his deliverance by Marrow Lect. 7. XV. Crompt 177. b. The Clerk of the Peace shall have for every Recognizance of the Peace taken in Court 2 s. Officer and for every release of the Peace 2 s. and for awarding Process against any one to find surety of the Peace 2 s. XVI Boult 2. cap. 22. pag. 70 71. and hereof viz. on 14 R. 2. 11. Justices also Mr. Marrow collecteth that how many soever Commissioners of the Peace there shall be assembled at these Sessions yet only eight of them shall receive the Wages because that at such time as these Wages were first appointed the Law did take knowledge and make allowance only of eight Justices and no more Crompt 177. b. XVII Boult 71. ib. Exchequer And Marrow also maketh it doubtful whether it be not in the power of the Barons of the Exchequer to appoint which eight when more be assembled at the Sessions shall have the Wages paid unto them but it seemeth by 14 R. 2. 11. § 1. N. 3. that the Sheriff shall first pay the Wages and then the Barons shall make the allowance according to the Indenture so that I see no liberty of such nomination left unto the Barons Lambert 572. XVIII Bolt 2. cap. 22. pag. 71. Justices It would be somewhat hard indeed to strain 14 R. 2. 11. § 1. N. 2. so far as to give Wages thereby to so many Justices as be now at these days in every Shire and would be present at the Sessions and it might breed both offence against the Sheriff and a jealousie among the Justices themselves to have one of them preferred before another in this payment and therefore I think it wisely done as it is somewhere used to bestow the whole allowance upon the defraying of their common diet XIX Bolt 71. ibid. If the Fines and Amerciaments of the same Sessions Amerciaments saith Mr. Marrow will not fully amount to the sum of the Wages then due to the Justices yet shall the Wages be valuably payd out of them so far as they will extend XX. Polt de Pace 90. § 38. Extortion If a man Indicted and Arraigned of Felony doth plead and shew forth the King's Pardon of the same Felony which is allowed by the Court whereupon he doth pay and give his Fees of Gloves to the Justices and the other Officers of the Court this is no Extortion but an Ancient Fee and lawfully due unto them 4. Edw. 4. 10. XXI Lambert 572. the Statute 12 Rich. 2. 10. § 1. N. 5. had allowed to every of eight Justices of the Peace four shillings by the day Justices for the time of their Quarter Sessions to be paid by the hands of the Sheriff of the Fines and Amerciaments coming of the same Sessions But because it was soon after seen that it was a great delay to the Justices of Peace in this payment to expect the levyings of those Fines and Amerciaments by Estreats first sent up to the Exchequers and then delivered thence to the Sheriff which was at that time the common manner of levying Fines and Amerciaments therefore it was within two years after viz. 14. R. 2. 11. § 1. N. 3. provided that the Estreats of the Justices of Peace should be indented or doubled and the one part thereof delivered by them to the Sheriff to the intent that he may levy the mony thereof rising and pay the Justices their Wages by Indenture between him and them to be made and the
inquirable and determinable at the Quarter Sessions but I leave them to Justices of those Shires in which they have Force Lambert 601. VIII West Symb. 2. part 131. Sect. 208. An Indictment for converting Tillage into Pasture or for Coneys c. 6 H. 8. 5. § N. Pract. Preced 94 95. Essex ss Juratores pro Domino Rege supra Sacramentum suum presentant quod H. W. de A. in Com' E. Gen. primo die Novembr ' Anno Regni c. Seisitus existens in Dominico suo ut de feodo de in 12 acras terrae Arabilis in A. predict ' in Com' E. predict ' jacentibus ac de aut in aliqua libera Warrenna non existent sed per spacium 4 Annorum dict' primum diem Novembr ' An. supradict ' proxime Precedent ' in cultura seminat ' Granorum usitatis applicatis dicto primo die Novembr ' An. supradict ' ac diversis aliis diebus vicibus antea post predict ' 12 acras terrae Arabilis a cultura predict ' sationem Granorum usque ad hunc diem presentem in pastura pro cuniculis custodiend ' convertebat adhuc convertit custodit ad Grave Nocument ' J. R. R. T. W. M. de A. predict ' in Com' E. predict ' vicinorum ibidem existent ' ac contra formam diversorum Statutorum in hujusmodi casu provisorum editorum IX West Symb. 2. part 131. Sect. 209. An Indictment of decaying houses of Husbandry and converting Tillage to Pasture c. 6 H. 8. 5. § N. Crompt 2. 7. b. pl. 85. Pract. Preced 96. Essex ss Inquiratur pro Domino Rege si J. K. nuper de T. in Com' E. Gen ' primo die Octob. An. c. seisitus in Dominico suo ut de feodo de in 8 Messuag ' Agriculturae in T. predict ' in dicto Com' E. in quibus septem seperales Agricolae Angl ' vocat ' Husbandmen adtunc inhabitabant ac de in tricent ' Acris terrae Arabilis in T. predict ' in dicto Com' E. in cultura seminatione Granorum usitat ' aplicat ' adtunc existent ' de quibus triginta acrae ad minus cum quolibet dictorum Messuag ' adtunc seperatim occupat ' usitat ' fuerunt quod predict ' J. K. leges Statuta hujus Regni Angl ' Parvi pendens dicto primo die Octob. Anno c. supradict ' ac diversis aliis diebus ac vicibus antea postea pro proprio lucro singulari commodo suo tres agricolas dictorum septem de tribus de predict ' septem Messuagiis adtunc expulit amovit eadem tria Messuagia absque aliquo Inhabitant ' sive aliquibus Inhabitantibus in eisdem irreparat ' stare in decasum ruinamcadere adtunc deinceps usque diem captionis hujus inquisitionis voluntarie causavit permisit insuper quod predict ' J. K. die Anno supradict ' ac diversis aliis diebus ac vicibus antea postea centum acras predict ' trecentarum acrarum terrae Arabilis jacent ' existent ' in T. predict ' in Com' E. predict ' tum Fossat ' sepibus vicinis inclusit illas abinde a cultura Agriculturae seminatione Granorum usque diem captionis hujus inquisitionis in pastura convertebat custodiebat adhuc convertit custodit in malum pernitiosum exemplum aliorum ac contra form ' diversorum Statutorum in hujusmodi casu edit ' provisi c. Ideot and Infant see Enfant Jesuits see Pope Idleness see Poor Jews see Religion Images see Religion Imbezilment see War Imbraceors see Enquest and Maintenance Imprisonment Habeas Corpus Capias Arrest Process Mittimus Bail Prisons Goals Commitment I. 9 H. 3. 29. Magna Charta No Freeman shall be taken Imprisoned Process or otherwise destroyed but by Lawfull Judgment of Peers or by the Law of the Land Dalt 336. cap. 118. II. Lamb. 2. cap. 2. pag. 90. The Officer ought also to require the party to come and find Surety of the Peace before that he do Arrest him Peace by 5 Ed. 4. 13. and in truth the Common Form of the Precept of the Peace is and if he refuse c. then he shall convey him to the Goal and therefore if he yield to come and to find Surety the Officer may neither absolutely Arrest him nor take any Fee c. and this may be the cause that when one appeareth upon such a Warrant before the Justice of Peace the Justice needeth not to demand Surety of him but may commit him if he do not offer Surety 4 H. 7. 9. Lambert 93. Crompt 171. b. Dalt 335. cap. 118 Process III. Lambert 90 91. If a Bailiff do Arrest a man for the Peace before that he have any Warrant and then afterwards do procure a Warrant for it this nevertheless is unlawfully done c. Crompt 172. Dyer 244. Constable IV. Lambert 132. If a Constable or such other Officer do see a man endeavouring to make an Affray he may command them to avoid upon pain of Imprisonment and if the Affray be great or dangerous he may make Proclamation and may command the parties to Prison for a small time till their heat be passed over and then he must deliver them without any Fine taking Affray V. Lambert 133. If any of the Affrayers be in danger by reason of a hurt received in the Affray then ought the Officer to Arrest and carry the other to the Goal untill he shall find Surety to appear at the Goal Delivery Constable VI. Lambert 133 134. And yet when the Constable hath taken an Affrayer he may not Imprison him in his House but in the Stocks and that not above such a reasonable time as he may provide to convey him to the Goal till he find Surety for the Peace 3 H. 4. 3. 22 Ed. 9. 35. and herein he differeth from a Goaler or the Sheriff who hath the charge of the Goal for he may make a Goal of his Mansion House and so cannot a Constable or Justice of Peace do for by 5 H. 4. 10. § 1. N. 2. the Justice of the Peace must send his Prisoners to the Common Goal and you may read Br. f. 72. that the Sheriff in his Turn used to Inquire of those which made Prisons in their private Houses 3 Cr. 8. 29. Crompt 169. b. Justices VII 3 Cr. 8. 29. pl. 35. Scamage and Tateham Hill 43 Eliz. Rot. 1831. False Imprisonment in London from 10 Septemb. unto 29 Septemb. Defendant Justifies as Mayor and Justice of Peace of P. that Robery was Committed and the Plaintiff suspected and brought before him and because he seemed suspitious he deteyned him in his house during that time c. to examine him and one Pole who was not apprehended c. and after on 29 Septemb. delivered him over to the New
Mayor and Traverseth the Imprisonment in London and thereupon Demurrer and adjudged that the Inducement to the Traverse was not good for a Justice of Peace cannot deteyn a person suspected in Prison but during a convenient time only to examine him which the Laws intends to be three days and within that time to take his Examination and send him to Prison for he ought not to deteyn him as long as he pleaseth c. neither ought he to deteyn him in Prison in his own house but he is to Commit him to the Common Goal of the County for otherwise when the Justices come to deliver the Goal he is not in the Goal and may not be delivered and so should lye longer then is reasonable see 2 Ed. 4. 8. 3 H. 4. cap. 10. and here he took not any Examination but delivered him over to the New Mayor without Examination which was not Lawfull Dayes VIII Crompt 169. b. A man cannot keep in his house or Custody him that is taken for suspition of Felony above a day and a night and then must send him to the Kings Goal on pain of Ransome by Britton 19. cap. 11. 20 Ed. 4. 6. Faux Imprisonment Br. 27. Sheriffs IX Lambert 429. Inquiry on 4 Ed. 3. 10. § 1. N. 2. If any Sheriff or Goaler have denied to receive Felons by the Delivery of any Constables or Townships or have taken any thing for receiving of such Dalt 341. cap. 18. X. Lambert Constable 18. But this is to be marked that c. where such an Officer hath Arrested or hath in his Ward any Offender that ought to be carried to the Goal there such an Officer is not bound forthwith to carry him but may well for a reasonable time keep him in the Stocks untill that convenient provision of strength may be made to convey him safely thither and when he shall bring such Offender to the Goal then ought the Goaler to receive the same freely without taking any thing of the Officer for it Crompt 169. b. XI Crompt 176. b. § 17. Process The Vill shall be charged to carry the Prisoner to the Goal 4 Ed. 4. cap. 10. Crompt 170. Coron 328. Costs Br. 4. and it seemeth that it shall be at their charge where it s prayed See the Statute 14 Eliz. 5. § N. For carrying Rogues to the Goal See 10 Ed. 4. 7. Dalt 340. cap. 118. 3 Jac. 10. § 1. N. 2. XII Dalt 340 341. If a man be Arrested for Felony Constable and the Constable shall carry him to the Goal and the Goaler will not receive him the Constable must bring him back to the Town where he was taken and that Town shall be charged with the keeping of him untill the next Goal Delivery by the opinion of 10 H. 4. 7. Escape 8. or the Constable or other party that Arrested him may in such case keep the Prisoner in his own house as it seemeth 11 Ed. 4. Faux Imprisonment Br. 25. XIII Crompt 170. b. The Justice commands one to Arrest another Justices who doth it in presence of the Justice this is an Arrest by the Justice himself and needs no Warrant c. 14 H. 7. 8. otherwise it is of the King tho it be in his presence per Curiam if he hath no specialty 16 H. 6. Monstr 182. XIV Crompt 170. b. False Imprisonment against a Justice of Peace for Imprisonment of one without a cause Dyer 275. 2 Inst 591. XV. Crompt 171. Imprisonment almost in all Cases Amerciament is but to retein him untill he hath made a Fine and if he offers his Fine he ought to be delivered presently and the King cannot justly retein him in Prison after the Fine tendered Imprisonment Br. 100. which saith that it was so determined in Parliament Ann. 2. Mar. 1. But if the Statute gives Imprisonment there he shall remain by discretion of the Court where the time is not limited in certain by the Statute 13 H. 7. 34 H. 6. 24. Crompt 172. b. Dalt 34. 1. cap. 118. 11. Co. 43. XVI Crompt 171. Nota per Thorpe Arrest It is an Imprisonment in any Case where a man is Arrsted against his Will tho it be in the High Street or elsewhere tho he be not Imprisoned in any House 22 Ass 8. 5. Crom. 38. Dalt 335. cap. 18. Crompt 38. § 1. Dalt 271. cap. 106. XVII Crompt 172. Justices of Peace Games and Head Officers may resort to a place suspected and Imprison the Keepers of Common places of Bowling Tenice Dicing Carding or other Unlawfull Games and those who play there untill they have found Surety by Recognizance to the King to leave it by 33 H. 8. 9. § N. XVIII Crompt 172. ab Justices of Peace and other head Officers who find or know any person using or exercising any Uunlawfull Game against the Satute 33 H. 8. 9. § N. may commit such Offender to Custody without Bayl or Mainprise untill he be bound by Obligation to the Kings use that he will not use such Unlawfull Games c. XIX Crompt 172. b. Such who keep Common Alehouses without being Licensed Ale the Justices may Commit to Prison without Bayl or Mainprise by the space of three days and before his delivery he shall be bound with two Sureties that he shall not keep any Common Alehouse c. peace XX. Crompt 172. b. A Justice of Peace may arrest one to find surety of the Peace and afterwards let him go without being bound to the Peace and yet the Party shall have no Remedy frr this Imprisonment for it is for his advantage and he is a Judge of Record Fitzh J.P. 10. 9 Ed. 4. 3. Dignity XXI Dalt 333. cap. 18. The Justices of Peace are not to grant their Warrants for the Peace or the like against any Noble-man but against Ecclesiastical Persons they may in some Cases a Feme-covert may be imprisoned by the Justices of Peace for a Force or a Riot but an Infant though of years of Discretion yet he shall suffer no Imprisonment nor other corporal Pain for any Offence committed or done by him against any Statute except that an Infant be expressed by name in the Statute Imprisonment Br. 101. Coverture 68. Com. 364. Dr. Stud. 147 148. Lamb. 81 82. Coron XXII Dalt 336. cap. 118. For Misdemeanours done against the Kings Peace as for Treason Felony or breaking of the Peace c. the Offenders as well by the Common Law as by divers Statutes may be arrested and imprisoned by the Officers of Justice and sometimes by private Persons without either Presentment Process Precept Warrant or other Commandment and these being by the Law of the Realm are warranted by the aforesaid Statute of Mag ' Chart ' 9 H. 3. 29. Arrest XXIII Dalt 337. cap. 118. Any man suspecting another of a Felony committed or only intended may arrest him so as thereupon he commits him to the
such Hospital and they three may charge the Accountant under penalty to lose such Sum of Mony as they shall think meet to account and not to delay it c. 14 Eliz. 5. § N. 39 Eliz. 18. CIII Lamb. 352 353. Two Justices of the Peace Bastard the one being of the Quorum in or next to the limits where the Parish Church is in which a Bastard Child left to the charge of the Parish shall be born ought to take order by their discretion as well for the relief of the Parish and keeping of the Child as also for the punishment of the Mother and reputed Father thereof 18 Eliz. 3. § 2. 2. N. Crumpt 199. Dalt 37. cap. 11. CIV Lamb. 353. Two Justices of Peace the one being of the Quorum Tythes upon complaint by any competent Judge of Tythes for any misdemeanour of the Defendant in a suit of Tythes may cause him to be attached or committed to Ward till he find Surety unto him by Recognizance to the King's use to obey the Process and Sentence of that Judge 27 H. 8. 20. § 1. N. 7. Crumpt 200. CV Lamb. 353. Tythes Also upon complaint in writing by an Ecclesiastical Judge that hath given definitive Sentence in Case of Tythes against one which wilfully refuseth to pay the Tythes or Sums of Mony so adjudged two such Justices may cause the party to be attached and committed to the next Goal till he find such Surety as is aforesaid to perform that Sentence 32 H. 8. 7. § 4. N. 1. Certificat Br. 31. CVI. Lamb. 353 354. Fresh Suit◠After Execution had for the party Robbed against the Men of the Hundred and upon complaint made by them so charged two Justices of the Peace one being of the Quorum of the same County inhabiting within the said Hundred or near unto it where any such Execution shall be had may Assess and Tax ratably and proportionably by their discretions all and every the Towns Parishes Villages and Hamlets as well of the said Hundred as of the Liberties within the same towards an equal Contribution to be had for the relief of them against whom such Execution was had Dalt 22. cap. 6. 27 Eliz. 13. § 5. N. 1. CVII Lamb. 354. Two Justices of Peace Wayes whereof one to be of the Quorum which were present at the Session wherein any person was Convicted for any offence against the Statute 27 Eliz. 19. § 2. N. 3. of High-ways within the Wield of Kent Surry or Sussex may make Warrant for levying the forfeits thereof to any Officer and they also may appoint by their discretion such ways and means to levy the doubles for not paying those forfeits within twenty days next after lawful demand of the same by such Officer 39 Eliz. 19. § 4. N. 6. CVIII Lamb. 354. Poor Any two Justices of the Peace have power to hear and determine all Causes that shall grow in Question by the Statute of Rogues 39 Eliz. 4. Dalt 21. cap. 6. 154. cap. 66. CIX Lamb. 354. Two Justices of Peace of or near the place to which a Soldier or Mariner cometh with a Testimonial of one Justice of Peace shall take order by their discretion for setting to work or relieving of him if he cannot of himself get work there or imploy himself in lawful course of Life 39 Elizab. 17. § 6. N. 1. Dalton 22. cap. 6. Drapery CX Lamb. 355. Two Justices of Peace dwelling next any City or Town where any Retailer of Woollen Cloth shall present unto them any defective Cloth against this Statute 5 6 Ed. 6. 6. § 31. N. 1. being conferred with 4 5 Phil. Mar. 5. § 34. N. 1. shall cause the same to be cut into three equal parts whereof the one to be to the King and the other to the Presenters and the third to the Justices themselves Crumpt 200. Dalt 21. cap. 6. 154. cap. 66. Admiral CXI Lamb. 355. No Fisher-man shall be taken to serve as a Mariner by the King's Commission but by the choice of two Justices of the Peace adjoining to the place where he is to be taken 5 Eliz. 5. § 43. N. 1. Crumpt 200. Dalt 86. cap. 34. Woods CXII Lamb. 355. Two Justices of Peace not being of Kindred Alliance Counsel or Fee to the Lord or Owner of a wood appointed by the more part of the Justices of Peace at their Sessions upon complaint of the Lord made unto them may divide and set out the fourth part of it if the Lord and Commoners thereof being first called before them cannot agree upon it 35 H. 8. 17. § 7. N. 2. Crumpt 200. ab Amerciaments CXIII Lamb. 335 336. Two Justices of the Peace whereof the one to be of the Quorum appointed by the Custos Rotulorum or by the eldest of the Quorum in his absence are to Oversee and Controul the Sheriffs Books and Amerciaments and the Estreats of the said Amerciaments are to be made by Indentures betwixt them and the Sheriff or Under-Sheriff and to be sealed with their Seals and they may upon suggestion make Process as in an Action of Trespass against the offenders to answer 11 H. 7. 15. § 1. N. 17. Crumpt 200. b. Poor CXIV Lamb. 356 357. Two or more Justices of the Peace whereof one to be of the Quorum dwelling in or near the Parish or Division where the Parish is must nominate yearly in Easter week or within one month after Easter under their Hands and Seals four three or two c. to be Overseers of the poor and the Church-Wardens and Overseers with the consent of two or more such Justices of Peace set the Poor on work Tax Inhabitants and bind Children out excuse to be allowed by two Justices and accounts yearly c. And two such Justices may Tax any other Parish within the Hundred to contribute to levy and in default to commit 42 Eliz. 2. § 1. N. 1. c. Dalt 154. cap. 66. Drapery CXV Lamb. 357. The offences of Clothiers or others in not paying so much Wages to their Weavers Spinsters c. as shall be rated according to this Act being confessed by the Offender or proved by two sufficient Witnesses before two Justices of the Peace whereof one to be of the Quorum the person offending shall forthwith stand Convicted thereof and the forfeiture of 10 s. to the party grieved to be levyed by Distress and Sale by Warrant from the same Justices 1 Jac. 6. § 7. N. 2. Dalt 21. cap. 6. 156. cap. 66. Poor CXVI Lamb. 357. Any two Justices of Peace of any City Borough Town Corporate and places Priviledged may Assess the Inhabitants thereof at such reasonable Taxes as they shall think fit for relief of persons Infected with the Plague and dwelling in houses Infected to be levyed by Warrant of two such Justices of Peace and in default of Goods to commit c. 1 Jac. 31. §
2. N. 1. Dalt 21. cap. 6. Pope CXVII Lamb. 358. Two Justices of the Peace the one being of the Quorum may require any person of Eighteen years of Age or above Convict or Indicted for Recusancy for not repairing to Divine Service or which hath not received the Sacrament twice within the year then next past or any unknown person passing through the County confessing or not denying being Examin'd upon Oath him or her self to be a Recusant or that he or she received not the Sacrament other then Noblemen or Noblewomen to take the Oath in this Statute appointed and are to certifie in writing at the next Quarter Sessions the names and place of persons so taking the Oath and to commit refusers to the common Goal without Bail until next Assizes or Quarter Sessions 3 Jac. 4. § 13. N. 2. c. Dalt 87. cap. 36. CXVIII 5 6 Ed. 6. 24. § 2. N. 1. No person to make Felts Apparel Hats or Coverlets but by License by Mayor Recorder Steward and two Justices of Peace of the said City of Norwich or by four of them c. Lambert 359. CXIX 35 H. 8. 11. § 4. N. 1. Provided Wales That two Justices in every County of Wales and Monmouth may Tax Inhabitants for Wages of Citizens and Burgesses of Parliament Lamb. 359. CXX 11 H. 7. 9. § 1. N. 5. None to let Ferm in Tindal and Examshire Peace till Lessee with two Sureties of 40 s. per Annum be bound to the King by Recognizance in 20 li. before two Justices of the Peace of Northumberland Quorum unus to appear on six days notice before them or at any Sessions c. Lamb. 359. CXXI Lamb. 359. Purveyors That two Justices have power on 2 3 Phil. Mar. 15. § N. 13 Eliz. 21. § N. for prohibition of Purveyors within five miles of either of the Universities CXXII Lamb. 359. Two Justices of Peace one of the Quorum Ways have power on 14 H. 8. 6. § N. 26 H. 8. 7. § N. for laying out new High-ways in Kent and Sussex CXXIII Lamb. 359. Two Justices Quorum unus have power for repair of Cardiff Bridge 23 Eliz. 11. § N. CXXIV Lamb. 359. The like for the making of the Bridge of Wilton over Wye in the County of Hereford 39 Eliz. 24. CXXV Lamb. 359. The like for repair of Chepstow Bridge 3 Jac. 23. CXXVI 35 Eliz. 6. § 2. N. 4. Cottages None to Erect new Building for Habitation within three Miles of London except Assess'd to Subsidy at 5 li. Goods or 3 li. Lands or shall be adjudged by the two next Justices of Peace by writing under their Hands and Seals to be fit and able to be Assessed in the Subsidy at that rate c. Lamb. 359. CXXVII Crumpt 199. b. Two Justices of Peace may give License to Fencers Bearwards Common-Players in Enterludes Minstrels Juglers License Pedlers Tinkers and petty Chapmen to go so that they shall not be taken for Rogues 14 Eliz. 5. 39. Eliz. 4. § N. CXXVIII Lamb. 360. Riot Three Justices of the Peace one of them being of the Quorum may discharge out of Prison any Person committed thither for his Offence in not declaring to a Justice within 24 hours that he was moved to joyn in any unlawful Assembly contrary to 1 Mar. 1. St. 3. cap. 12. § 11. N. 1. 1 Eliz. 17. § N. Crumpt b. CXXIX Lamb. 360. Apprentice It is requisite that the Certificate that is to be made to the head Officer of a City or Town Corporate where a Child is to be put Apprentice to a Merchant Mercer Draper Goldsmith Ironmonger Imbroyderer or Clothier that the Father or Mother of such Child may dispend forty Shillings freehold by the year be under the Hands and Seals of three Justices of the Peace where the Lands lye 5 Eliz. 4. § 27. N 2. Crumpt 200. b. CXXX Lamb. 360. 361. Four Justices of Peace of the County Pope Limit or Division where a Recusant is confined according to the Statute of 35 Eliz. 1. § N. With the assent in writing of the Bishop of the Diocess or of the Lieutenant or Deputy Lieutenant of the same County under their hands and Seals may give licence to such Recusant to travail about his necessary business according to the limitation of the same licence the Party licenced first taking his Oath that he hath truly informed them of the Cause of his Journy and that he shall not make any causless stayes 3 Jac. 5. § N. Poor ways CXXXI Lamb. 361. The Bishop and his Chancellor and three such Justices of the Peace have power to examine how mony or other relief appointed by King H. 8. or any other to the use of the Poor or of amending of High-ways or Bridges is bestowed and to call to account the Detainers thereof 14 Eliz. 5. § N. 29 Eliz. 18. § N. Crumpt 200. b. Religion CXXXII Lamb. 361. It seemeth that three such Justices of the Peace may out of the Sessions take Information and Accusation by the Oaths of two honest Persons against such as shall deprave the Sacrament of the Body and Blood of our Lord and Saviour Jesus Christ against the Statute and Examine them what other Witnesses were then by and to bind them all by recognizance to give in Evidence at the day of Tryal 1 Ed. 6. 1. § N. but enquire of this matter Dalt 133. 134. cap. 49. Crumpt 124. a. Ways CXXXIII Lamb. 361. 362. Four Justices of the Peace whereof one to be of the Quorum may where a decayed Bridge is and where it cannot be proved who or what Lands be chargeable to the repairing thereof tax the Inhabitants make Collectors and appoint Overseers for the amendment of the same c. 22 H. 8. 5. Crumpt 200. b. 125. Imprisonment CXXXIV Lamb. 362. Six Justices of the Peace may in sundry Shires take order for the common Goals whereof the Sheriff shall have the Custody and to the which Murderers and Felons c. shall be sent and may do and perform divers incidents thereto by the Statutes 23 H. 8. 2. § N. 13 Eliz 25. § N. Crumpt 200. b. 201. a. Sewers CXXXV Lamb. 362. Six Justices of the Peace two of them being of the Quorum may for a whole year after the expiration of any Commission of Sewers execute the Laws of the Commissioners of Sewers unless that a new Commission of Sewers be published within the year 13 Eliz. 9. § N. Dalt 134 cap. 50. Crumpt 201. Wales CXXXVI 34 35 H. 8. 26. § 57. N. 1. The Justices of Peace in Wales or two of them at the least whereof one to be of the Quorum shall and may keep their Sessions within the limits of their Commissions four times in the year and at other times upon urgent Causes as Justices of Peace in England use to do and shall have like Power and
Oath is Evidence in Case of Death c. VII Lamb. 83 84. The Peace being for good cause required Peace it is the common manner to exact an Oath of the Party whereby the Justice may be the better Informed and led to think that he doth not ask it for malitious vexation of another but of very fear and for the needful safety of himself and his and F. N. B. 79. H. laboureth to shew that the Justices of the Peace ought not without such Oath to grant this Surety at the suit of any Man forasmuch as not only the Judges of B. R. do yet take an Oath in such Case but the Ancient Course of the Law was such in the Chancery it self also although it be now adayes otherwise used there Infra 11. VIII Lamb. 100. By Marrow for the avoiding of which deceit of Insufficient Security of the Peace the Justices of C. B. 7 H. 6. 25. pl. did examine the ability of the Sureties upon their Oaths c. Swearing IX Kilb. Presidents 207. A Warrant to pay 1 s. for Swearing in presence of a Justice of Peace on 21 Jac. 20. § N. To the Constable c. Kent ss FOrasmuch as A. B. of c. in the County aforesaid Butcher being of above the Age of Twelve years did in my hearing this present day in the Parish aforesaid in the County aforesaid prophanely swear one Oath for which Offence he forfeited and was to pay to the use of the Poor of the Parish the Sum of xii d These are therefore in his Majesties Name to command you to Levy to the use of the Poor of the said Parish the aforesaid xii d by Distress and Sale of the Goods of the said A. B. rendring to him the overplus and in defect of such Distress that you the said Constable do set the said A. B. in the Stocks by the space of three whole hours hereof fail not c. Given under my Hand and Seal this Tenth day of c. in the year of c. at c. in the said County c. Constable X. Kilb. Presidents 233. The Oath of a Constable Dalt 9. p. 363. 364. You shall well and truly serve the Kings Majesty in the Office of a Constable of the Parish of A. 2. And all Commissions Precepts and Warrants that are directed to you and shall come to your hands you shall to the best of your power cause to be duely and truely Executed 3. All Riots and Misdemeanors and breach of the Peace you shall suppress 4. You shall punish all Rogues Vagrants and Idle Persons according to the Laws of this Land in that Case made provided 5. You shall diligently persue all Hue and Cryes 6. You shall see that the Kings Majesties Watch within the said Town of A. be duely and truly set according to his Majesties Laws 7. You shall also do your best endeavour to suppress Drunkenness within the said Parish and to see the Laws and Statutes concerning the same to be duely put in Execution 8. And all other things belonging to the Office of Constable so long as you shall continue in your Office you shall well and truely perform and do so near as you can So help you God Peace XI Kilb. Presidents 233 234. The Oath of him that Craves the Peace against another suprà 7. You shall swear that the Surety of the Peace which you crave against A. B. is not for hatred or malice which you bear him but for safety of your body from harm which you fear he will do or procure to be done unto you So help you God 2. Or thus You shall swear that the Surety of the Peace which you crave against A. B. is not of any private malice hatred or evil will but meerly that you are afraid of your life or the hurting or maiming of your Body or the burning of your Houses So help you God Proof XII Kilb. Presidents 234. The Oath to Informers or Witnesses The Information that you shall give on the Kings Majesties behalf against A. B. shall be the truth the whole truth and nothing but the truth So help you God 2. You shall true Answer make to all such Questions as by me shall be demanded of you So help you God Imprisonment XIII Kilb. Presidents 2 Edit 235. A Mittimus for refusing the Oath of Allegiance Kent ss WHereas A. B. and C. D. two of his Majesties Justices of the Peace for the said County of K. whereof A. B. is of the Quorum do hereby Commit to your Custody the body of E. F. for refusing to take the Oath of Allegiance requiring you to take and safely in Prison to keep him till he shall be delivered by due Course of Law and for so doing this shall be your Warrant Given under our Hands and Seals this Second day of June in the year of c. 2. Ibid. The Oath of Abjuration on 35 Eliz. 2. § 8. N. 4. Stamf. 119. Wilkinsons Sheriff 40. The Laws c. 138. Abr. pl. 135. Exile You shall swear that you shall depart out of this Realm of England and out of all other the Kings Majesties Dominions and that you shall not return hither or come into any of his Majesties Dominions but by the License of our said Soveraign Lord the King or of his Heirs So help you God XIV Kilb. Presidents 2 Edit 236. The Oath of an Under Sheriff and Bayliff touching Juries on 27 Eliz. 12. § 2. N. 3. I A. B. do swear That I shall not use or exercise the Office of c. Corruptly during the time that I shall remain therein neither shall or will accept receive or take by any Colour means or device whatsoever or Consent to the taking of any manner of Fee or Reward of any Person or Persons for Impannelling or Returning of any Inquest Jury or Tales in the said Court for the King or betwixt Party and Party above 2 s. or the value thereof and such Fees as are allowed and appointed for the same by the Laws and Statutes of this Realm but will according to my power truely and Indifferently with convenient Speed Impannel all Jurors and return all such Writ or Writs touching the same as shall appertain to be done by my Duty or Office during the time that I shall remain in the said Office So God me help 2. Jurat ' ad utraque Sacrament ' viz. this and the Oath of Supremacy supradict ' x die Maii Anno 1680. Coram nobis A. B. C. D. de quibus A. B. est quorum unus c. XV. Kilb. Presidents 2 Edit 238. Church-wardens The usual Oath of Church-wardens You shall Execute the Office of Church-warden in the Parish where you are Chosen for this Ensuing year according to his Majesties Laws Ecclesiastical now in force So help you God 2. Or thus You shall Execute the Office of Church-warden in the Parish where you are Chosen according to your discretion
Offence against the Queen and that was past and pardoned though the death did afterwards ensue upon it Com. 401. Crumpt 116. § 20. Utlary IV. Lamb. 552 553. One that had committed Man-slaughter was Indicted of Murder and thereupon Utlawed afterward the Parliament pardoned all Offences c. except Persons Utlawed or Attainted of Murder the Party reverseth the Utlary and then is Arraigned of Man-slaughter it was much doubted whether he should be discharged by the Pardon because the persons Utlawed were excepted whereas if the Offences only had been excepted it would have made no great Question 29 Eliz. Report Crumpt 116. § 17. Pleading V. Lamb. 553. The special Pardon ought to be pleaded under the Great Seal of England for that Authority which some Subjects in Ancient time had to grant Pardon is resumed by 27 H. 8. 24. § N. Stanff 104. b. Crumpt 115. b. § 15. Non obstante VI. Lamb. 553. And with this special Pardon the party ought to bring a Writ of Allowance testifying that he hath found Sureties for his Good Port according to 10 Ed. 3. 2. § N. howbeit that matter is many times dispensed withal by means of a Non-Obstante that may be put into the Pardon Coron 502. Stanff 101. 104. Crumpt 115. b. § 15. Various VII Lamb. 553. If the Pardon doth agree with the Indictment as well in Name Sur-Name and addition of the Party as also in the point of the Offence that is to be Pardoned then is there nothing to be said against it but if the Pardon be of all Felonies that will not discharge him of Pety Treason nor Murder at this day except it contain them in special words although before 13 Rich. 2. St. 2. Cap. 1. such a Pardon was Available enough for them Crumpt 115. b. § 14. fol. 16. § 18. Attainder VIII Lamb. 554. Neither is such a special Pardon of all Felonies sufficient to save the Life of him that is attainted of Felony unless it have words to pardon the Attainder and Execution 9 Ed. 4. 29. Ch. de pardon Br. 23. no more then the Pardon of the Attainder and Execution will deliver him without words to pardon the Felony it self 8 H. 4. 21. So where the Party is abjured for the death of a Man the Pardon must of necessity carry words of Abjuration Coron 124. Crumpt 115. § 1 2 3. Dalt 242. Cap. 93. Joinder IX Lamb. 554. If the King do Pardon to a Goaler the Escapes of Prisoners being in his ward for Felony or Treason that shall extend to negligent Escapes only and to none other Grants 37. 3 H. 7. 15. Grants Br. 51. So if he Pardon two Men all Felonies done by them or any of them that will not serve them apart because the first words be Joynt and not several whereas all Felonies be of themselves several 22 Ed. 4. 7. For in these and like Cases howsoever the favor of Life may desire liberal Interpretation yet forasmuch as the Offence is against Law the Grace and Dispensation of the Prince may not be straitned beyond the words Crumpt 115. b. § 9. Marriage X. Crumpt 115. § 4. Bigamy is objected against him that prayeth Clergy and after he sheweth a Charter of Pardon and because it made no mention of Bigamy the opinion of the Court was the Pardon was not Good 11 H. 4. Ch. de pardon 16. XI Crumpt 115. § 5 6. The Husband is kill'd by his Wife Bar. Feme and the King pardons her all Treasons the Son shall be Barred of the Appeal by Stanff 59. who saith that he hath heard it was so adjudged by the Statute 22 H. 8. 9. § N. it was made High Treason in the Wife to poyson her Husband and after by General Act of Pardon that Offence was pardoned and it was moved if the Heir of the Husband shall have an Appeal of Murder which was at Common Law or whether the same Offence of Murder is Drown'd in this that is made High Trerson and the opinion of the Justices was as Dyer heard that the Appeal is not maintainable Dyer 50. XII Crumpt 115. b. 116. a. § 16. One who had a Pardon for Utlary of Felony was after the Pardon Indicted of Trespass and had made a Fine Peace and because this is a Confession of the Indictment and it appears to the Court that he had broken the Peace since the Pardon the Court adnulled the Pardon 3 H. 7. 6. and the party was Executed on the first Attainder and this by 10 Ed. 3. 3. § N. Dalt 242 243. Cap. 93. XIII Crumpt 116. § 17. A Man committed Man slaughter Utlary and after is Indicted of Murder for it and thereupon he is Utlawed and after there is a General Pardon given by Parliament except all Persons Utlawed or Attaint of any Murder and after the said Utlary was reversed the Question is if the Party be discharged by this General Pardon and some said that it s no discharge because the Person Utlawed c. is excepted and so is except from the Pardon Generally but if it had excepted the Offence as excepting all Murders without saying except the Pardon shall be discharge this matter was in B. R. Trin. 29 Eliz. and it was the Case of one Freeman who had kill'd one Shaw as I heard and the said F. being Arraigned of Manslaughter for killing the said S. would have had the benefit of the said General Pardon and thereupon it was adjourned until Mich. 29 Eliz. Quere the end Lamb. 552. XIV Lamb. 532. But if the Prisoner plead a Pardon before the Justices Pleading in which certain persons be excepted and the Kings Attorney is not present to joyn Issue that he which pleadeth this is one of those that be excepted then they themselves may supply the Office of the Attorney in that behalf 8 Ed. 4. 7. Parishes see Poor Parliaments see Statutes Parks see Forest Parson see Encumbent Ecclesiastical Persons Partridges see Fowle Pain Punishment Penalty see Forfeiture Paving see Wayes Peace Surety of the Peace Bail Force Riot Affray I. F. N. B. 79. G. The Writ de securitate pacis in Chancery Bail Rex Vicecom ' L. salutem Quia A. de B. nobis Graviter conquestus est quod C. ei de Corpore suo manifestè minatus tibi precipimus quod eidem A. de prefat ' C. firmam pacem nostram secundum consuetudinem Angliae habere faciatis Ita quod securus sis quod eidem A. de Corpore suo per prefatum C. vel per procurationem suam Damnum vel periculum non Eveniat teste c. Or thus de Incendio Domorum suarum manifestè minatur tibi precipimus c. Ita quod c. Eidem A. de Domibus suis predictis per hujusmodi Incendium Damnum c. And he may have the Writ for Security of his Body and of Burning his Houses in one Writ and he may have an Alias
Pluries and an Attachment against the Sheriff if he doth not do his Office Oath II. F. N. B. 79. H. But by the Ancient Course of Law he must swear upon a Book before he can have this Writ and this before any Master of the Chancery but now they use to prosecute such Writs by their Friends who will Sue for them without making any Oath and this is ill done because they are many times sued for vexation more then for any good Cause and the Justices of B. R. will not grant any Writ for Surety of the Peace without making an Oath that he is in fear of bodily harm Nor the Justices of the Peace ought not to Grant any Warrant to cause a man to find Surety of the Peace at the request of any Person unless the Party who requireth it will make an Oath that he requireth it for safety of his Body and not for malice c. Lamb. 83. 84. Infrà 21. III. F. N. B. 80. C. But it is a Common opinion that the Surety that the Sheriff shall take of the Party that shall find Surety for the Peace must be taken by obligation that is to say to oblige the Party and his Sureties by Obligation that he keep the Peace and that he shall not Burn the Houses c. Supplicavit IV. F. N. B. 80. C. But now since the Statute 1 Ed. 3. 16. § N. that wills that certain Persons shall be assigned in the Chancery as for keeping of the Peace there are other Forms of Writs made for the ease of the People who would have Surety of the Peace of any Persons which Writs Issue out of the Chancery and some are directed to the Justices of Peace and to the Sheriff and some are directed to the Sheriff only and these Writs are in such Forms as this Rex dilectis fidelibus suis J. c. sociis suis Justiciariis nostris ad pacem nostram in Com' S. Conservand ' Assignatis salutem Or thus Custodibus pacis nostroe in Comitat ' S. c. vicecom ' ejusdem Comitat ' eorum cuilibet salutem Or thus Vicecom ' S. salutem Supplicavit nobis A. quod cum ipse de vita mutilatione membrorum suorum nec non de Incendio Domorum suarum per E. graviter manifestè Comminatus existat velimus pro securitate ipsius A. in hac parte provideri nos supplication ' predict ' annuentes vobis vel tibi precipimus firmiter injungentes quod predict ' E. coram vobis vel te corporaliter venire faciatis ipsum ad sufficientes manucaptores inveniend ' qui eum manucapere voluerint sub certa Poena sibi per te vel vos rationabiliter imponend ' pro quo nobis respondere voluerint vel volueris Or thus Ipsium E. ad sufficient ' securitat ' inveniend ' sub poena centum librarum ad opus nostrum solvend ' vel quilibet eorum sub poena c. quod ipse Damnum vel malum aliquid eidem A. de Corpore suo vel de domibus suis per hujusmodi Incendium non faciat nec fieri procurabit quovismodo Compellatis vel Compellas si hoc coram vobis vel te facere recusaverit tunc ipsum E. proximo Goal ' nostroe Committatis vel Committas in eadem salvo custodiend ' quousque hoc gratis facere voluerit cum securitatem illam sic receperitis vel ceperis nos inde in Cancellaria nostra sub sigillis vestris vel alicujus vestrum vel sub sigillo suo distincte aperte sine dilatione reddas certiores certificetis vel certifices indilate hoc Breve nobis remittentes vel remittens Registr 89. Dalt 182. Cap. 73. V. Lamb. 2. cap. 11. pag. 75. The Justice of Peace takes security as a minister when the Writ of Supplicavit F.N.B. 80 suprà 4. which in old-time was called Breve de minis as Regist 89. directed out of the Chancery is delivered into his hands for then he is only to direct his Precept to compel the party upon that Writ to find surety for the Peace 21 H. 7. 20 per finence VI. Lamb. 75 76. The form of which Precept or Warrant upon a Supplicavit is thus G. M. One of the Justices of Peace of our Soveraign Lord the King's Majesty within the County of K. to the Sheriff of the said Shire the Constables of the Hundred of W. the Borsholder of the Town of I. and to all and singular the Kings Majesties Bayliffs and other Ministers as well within liberties as without in the said County and to every of them Greeting Know ye That I have received the Commandment of our said Sovereign Lord in these words c. reciting the Supplicavit or the effect of it c. thus Know ye that I have received the Commandment of our said Soveraign Lord to compel A. B. of J. in the said County Yeoman to find sufficient Surety for his Majesties Peace by him to be kept towards C. D. of the said Town of J. Taylor and therefore on the behalf of our said Soveraign Lord I Command and Charge you joyntly and severally that Immediately upon the receit hereof you cause the said A. B. to come before me at my House in I. aforesaid to find sufficient Surety and mainprise for the Peace to be kept towards our said Sovereign Lord and all his Liege-people and especially towards the said C. D. and if he the said A. B. shall refuse thus to do that then you him safely Convey or cause to be safely Conveyed unto the next Goal of his Majesty in the said County there to remain until that he shall willingly do the same So that he may be before the Justices of the Peace of our said Soveraign Lord within the said County at their next General Sessions of the Peace to be holden at M. there to answer to our said Sovereign Lord for his Contempt in this behalf And see that you certifie your doing in the premisses to the said Justices at the said Sessions bringing then thither this Precept with you Given at I. aforesaid under my Seal the day of c. An. c. Dalt 350. cap. 121. VII F. N. B. 81. B. And sometimes the Writ of Supplicavit is made Returnable in Chancery at a certain day and if it be so done Certiorari then if the Justices do not certifie the Writ nor the Recognizance and the Surety that is taken the party who sueth the Writ of Supplicavit shall have a Writ of Certiorari directed to the Justices of Peace to certifie this Writ of Supplicavit and that which they have done thereon and the surety that is found c. and so the party shall have such a Certiorari to the Justices of Peace to certifie the surety taken on a Supplicavit though the writ of Supplicavit were not made Returnable in the Chancery VIII F. N. B. 81. C. And so if a Man
demands surety of the Peace in the County against any Man he shall find himself sureties in the County before the Justices of Peace c. he that demands this surety may sue a Writ of Certiorari directed to the Justices of Peace to remove this surety of the Peace and the Recognizance taken therein and this under the Seals of the Justices or one of them to certifie this Recognizance and surety taken And if the Certiorari be sued upon a Writ of Supplicavit then the Certiorari shall rehearse this Writ of Supplicavit and if it be sued upon a surety demanded in the County without a Supplicavit then the form of the Certiorari is thus Rex Custodibus pacis suoe in Com' L. eorum cuilibet salutem volentes certis de causis Certiorari super tenorem cujusdam securitatis pacis nuper coram R. B. Sociis suis custodibus pacis nostroe Justiciariis nostris ad diversas Felonias Transgressiones Malefacta in Com' L. Audiend ' Terminand ' Assignat ' de R. de W. de E. quod ipse damnum vel malum aliquod B. de F. aut alicui populo nostro faciat nec fieri procurabit ex Officio vestr ' capta quoe quidem securitas penes vos residet ut dicitur vobis Mandamus quod nos inde in Cancellaria nostra sub Sigillis vestris vel unius vestrum distinctè aperte sine dilatione reddatis certiores hoc Breve nobis remittentes teste c. Crumpt 143 144. IX F. N. B. 81. E. By reason of this Commission of the Peace the Justices have power to bind Men by Recognizance to keep the Peace Recognizance upon complaint to them made by any person and yet to take this Recognizance there is no express Authority given them by the Commission but of Congruity because that they have Authority to cause men to keep the Peace and to hear and determine offences done against the Peace they have power to bind men by Recognizance to do it for every Act which they do by virtue of their Commission must be taken as a matter of Record Crumpt 141. b. Justices X. Lamb. 77. A Justice of Peace may also by virtue of his Office and as he is a Judge command this Surety to be found and that either of his own motion and discretion or else at the request and prayer of another For he may cause a common Barretor Riotor one that maketh an Affray or other person to him suspected to find Surety of the Peace 9 Ed. 4. 3. per Curiam And if he see men contending in hot words and threatning the one to hurt or kill the other he may of discretion and ought of duty as I think to command them to find Surety of the Peace and thereby provide for their mutual safety Crumpt 134. b. 135. b. XI Lamb. 78. And if a man that was bound to keep the Peace have broken his Bond the Justices of Peace ought of discretion to bind him of new 21 Ed. 4. 40. per Marrow Crumpt 141. infrà 87. Conspiracy XII Lamb. 78. And his Authority is so little to be controlled in this matter that Mr. Marrow is of the opinion That if a Justice of Peace should procure one man to demand Surety of the Peace against another and he himself should grant a Warrant for it by which the Party is Arrested yet no Action would lye against that Justice for his so doing because he might have granted it without any demand made and then it shall not be said but that he saw Cause both to provoke the party to ask it and for himself to grant it Bar. Fem. XIII Lamb. 78 79. The Wife if she be threatned to be killed or to be outragiously chastised by her Husband may with good reason demand the peace against him F. N.B 80. 230. and I do not doubt but that a Justice of Peace may in such a Case happening in his presence Command it upon his own discretion The Husband may also demand the peace against his own Wife in like Case and any man may demand it against the Wife of another by Marrow Crumpt 133. b. Dalt 163. cap. 68. Ability XIV Lamb. 79. A man Attainted of Treason or Felony or Convict of Heresie or Abjured a Dumb Man or an Infant though within 14 years of age or a Villain against his Lord may demand and ought to have Surety of the Peace by Marrow And I do not find any strong reason why the Lord against his Villain or another man against a Dumb-man that is not Deaf or against an Infant above the age of 14 years ought not upon good Cause to have it though perhaps the two last cannot be bound for themselves Crumpt 133. b. 134. b. Dalt 164. cap. 68. Ideot XV. Lamb. 79. But a Mad-man shall not have surety of the peace at his own request as Mr. Marrow thought because he hath no discretion to ask it and therefore if there be Cause he ought to be provided for by the discretion of the Justices as I think Neither shall surety of the Peace be granted against a Mad-man except he have Lucida Intervalla Dalton 163 164. cap. 68. Attainder XVI Lamb. 80. A man Attainted in a Proemunire or that is an Alien born and no Denizen ought not to have his Surety at his desire as Mr. Marrow taketh it but perhaps he would have changed his opinion in the Case of Proemunire if he had lived at this time upon sight of 5 Eliz. 1. § 21. N. 1. For such a Man may not now be killed as though he were out of the protection of the King Crumpt 133. b. Dalt 164. cap. 68. Alien XVII Lamb. 80. And as touching the Alien having surety of the Peace some think there ought to be a difference between such an Alien as is of the Enmity of the King and him that is of his Amity for Magna Charta 9 H. 3. 30. 9. Ed. 3. 1. § N. 14 Ed. 3. St. 2. cap. 2. and sundry other Statutes do all use that difference in Merchant-strangers and do provide That such of them as be not Enemies to the Realm may both safely come into the Realm and tarry here and go hence at their free pleasures But the Case may bear some doubt because the Commission it self seemeth to Authorize the Justice of Peace no further then to provide for the King's People of which number no Alien seemeth to be but why any Alien may not be bound to the Peace I do not yet understand Crumpt 134. ab Dalt 164 165. cap. 68. XVIII Lamb. 80 81. Furthermore one Justice of Peace Justices saith Mr. Marrow may grant this surety to any man aginst one of his Fellow-Justices but as Mr. Marrow requireth a discretion in a Justice of the Peace when surety is craved of him against a Sheriff Coroner Escheator or such other Officer whom he wisheth not to
be bound to keep the Peace Versus Cunctum Populum but only towards him that prayeth it lest otherwise it should argue them to be unworthy of such Offices so much more he ought to use good discretion in granting it against his Fellow-Justice lest otherwise he both bring the Office in contempt and himself to reproof by it But I doubt not that one Justice of the Peace if he will may pray surety of the Peace at the hands of his Fellow-Justice against another person and the Recognizance may then be according to the Common Form with Precipuè Versus c. Crumpt 134. b. Dalt 162. 163. cap. 68. XIX Lamb. 81. But some others there be perhaps Dignity with whom he may not well meddle as if a man have Cause to require the Peace against a Lord he for so small a Cause is not to be Arrested as I take it by Warrant from a Justice nor yet by a Supplicavit out of the Chancery but the Lord Chancellour may in such Case grant to the party a Sub-poena against that Lord for the Peace as it seemeth by 35 H. 6. Sub-poena 20. Dalt 335. cap. 118. for such an opinion hath the Law conceived of Peaceable disposition of Noblemen that it hath been thought enough to take one of their promises upon honour that he would not break the Peace against a Man 17 Ed. 4. 4. Contempts Br. 6. 24 Ed. 3. 33. Sub-poena 20. but whether the Lord Chancellour may Award an Attachment upon such a Sub-poena it hath been in our memory made a Question Dyer 315. pl. Exigent ' Br. 72. Crumpt 134 ab 135. Dalt 161. cap. 68. XX. Lamb. 82 83. The Cause for which this Surety of the Peace may be Required or Commanded Dures appeareth in the first Assignavimus of the Commission § 5. in these words Et ad omnes illos qui aliquibus vel alicui de populo nostro de Corporibus suis vel de incendio Domorum suarum minas fecerint ad sufficientem securitatem de pace c. Inveniendam c. Which Mr. Fitzh 8. Construeth thus He that is threatned that he shall be hurt in his Body or that his House or Goods shall be Burnt may demand Surety of the Peace for his safeguard in that behalf but saith the Court 17 Ed. 4. 4. If a man will demand the Peace because he is in fear that another Man will take and imprison him it ought not to be granted and one yieldeth the reason to be because he may have a Writ De homine Replegiando or an Action of False Imprisonment and may thereby recover the Damages of his Imprisonment The same Reason might be made against the demand of the Peace where a Man is Threatned with Battery and yet it is clear that in such a Case the Surety of Peace ought not to be denied him And truly to threaten Imprisonment is within the words Minas de Corporibus no less then Battery it self and like harm may happen by hard Imprisonment cruel Beating It shall be Good therefore to enquire of this matter But I take it somewhat clear that a Justice of the Peace may not by this Commission Award a Precept of the Peace in the behalf of a Man that will require it because he is at variance with his Neighbour or feareth that he will do harm to his Servants or Cattle for in that Case Mr. Fitzherbert helpeth him with an old Writ to the Sheriff as he findeth it in the Register and F. N. B. 80. G. Oath XXI 83 84. The Peace being thus for good Cause required it is the common manner to exact an Oath of the party whereby the Justice may be the better informed and led to think that he doth not ask it for malicious vexation of another but of very fear and for the needful safety of himself and his and Mr. Fitzherbert in F. N. B. 79. H. laboureth to shew that the Justices of the Peace ought not without such an Oath to grant this Surety at the suit of any man forasmuch as not only the Justices of B. R. do yet take an Oath in such Case but the Ancient Course of the Law was such in the Chancery it self also although it be now adays otherwise used there Crumpt 135 138. Dalt 171. cap. 69. XXII Kilborn's Precedents 233. The Oath of him who craves the Peace against another YOV shall Swear that the Surety of the Peace which you crave against A. B. is not for hatred or malice which you bear him but for safety of your Body from harm which you fear he will do or procure to be done unto you So help you God Or thus YOV shall Swear That the Surety of the Peace which you Crave against A. B. is not of any private malice hatred or evil will but meerly that you are afraid of your life or the hurting or maiming of your Body or the burning of your Houses So help you God Process XXIII Lamb. 84 85. It resteth to shew by what means this Surety may be enjoyned and that is either by word or writing under Seal for a Justice of Peace may by word only Command a Man being in his presence to find Surety of the Peace 9 Ed. 4. 3. For seeing that he is a Judge of Record saith Mr. Fitzherbert 8. his Precept by mouth is stronger then his Precept in writing So if the Peace be demanded against one that is in his presence he may Command the Sheriff or other known Officer or his own Servant if they be then present also to Arrest the party to find his Surety 14 H. 7. 8. and Marrow for it is not so much the Arrest of the Minister as of the Justice himself But if either the Officer Servant or Party be absent then it is requisite to make a Warrant or Precept in writing the form whereof may be thus in English Crumpt 138. b. § 8. Dalt 165. 166. cap. 68. XXIV Lamb. 85 86. The Precept for the Peace Kent ss Ja. by the Grace of God c. To Our Sheriff of K. the Constables of the Hundred of W. c. and to all and singular Our Bayliffs and other Our Ministers in the said County as well within Liberties as without Greeting Forasmuch as A. B. of W. aforesaid Yeoman hath personally come before G. B. of the said Town Esq one of Our Justices of the Peace within the said County and hath taken a Corporal Oath That he is afraid that one C. D. of S. in the said County Yeoman will beat wound maim or kill him or burn his Houses and hath therewithal prayed Surety of the Peace against the said C.D. Therefore we Command and Charge you jointly and severally that immediately upon the receipt hereof you cause the said C. D. to come before the said G. B. or some other of Our said Justices to find sufficient Surety and Mainprise as well for his appearance at the next Quarter Sessions of our Peace
to be holden at M. in the said County as also for Our Peace to be kept towards Us and all Our Liege-people and chiefly towards the said A. B. that is to say That he the said C. D. shall not do nor by any means procure or cause to be done any of the said Evils to any of Our said People and especially to the said A. B. and if he the said C. D. shall refuse thus to do that then immediately without expecting any further Warrant you him safely convey or cause to be safely conveyed to Our next Prison in the said County there to remain until he shall willingly do the same so that he may be before Our said Justices at the said next General Sessions of the Peace to be holden at M. aforesaid then and there to answer unto Us for his Contempt in this behalf and see that you certifie your doing in the premisses to our said Justices at the said Sessions bringing then thither this Precept with you Witness the said G. R. at W. aforesaid the fourth day of August c. Or thus In the Name of the Justice himself Mutatis Mutandis E. W. Knight one of the Justices of the Peace of our Sovereign Lord the King within the said County to the Sheriff c. Greeting Forasmuch as A. B. c. hath personally come before me c. These be therefore on the behalf and in the Name of our said Soveraign Lord to Command you joyntly c. to come before me or one other of his Majesties said Justices of the Peace in the said County c. Given under my Seal at W. aforesaid XXV Lamb. 87. Process It is meet that the Precept for the Peace do expresly contain the Cause of the Peace within it for otherwise how can the Officer or Parties take knowledge that surety must be provided for it yea every Precept made by a Justice of Peace ought to comprehend the special matter upon which it proceedeth as the King's Writs and as for the form that is now commonly used to answer to such things as shall be objected and such like they were not fetched out of the old Learned Precedents but lately brought in by such as either knew not or cared not what they writ XXVI Lamb. 87 88. The Warrant of the Peace is the better also if it bear date of the Place where it was made for if a Man be to plead such a Precept for his excuse in an Action of false Imprisonment brought against him he ought in his Plea to shew the place where the Warrant was made 14 H. 8. 18. XXVII Lamb. 88. And this Precept may also be directed to any indifferent person by name though he be no Officer at all for so it seemeth to be permitted in the Oath of the Justice of the Peace and so is also 14 H. 8. 18. The which liberty the Justices in some Shires do use and take accustomably directing their Precepts to private Men of their own Election and Choice But yet I take our Kentish Course to be the safer way where we commonly write to the sworn Constables and Bursholders only XXVIII Lamb. 89. If such a Precept be made jointly to Twain yet the one alone may serve it If it be directed to the Sheriff then he may Command his Bayliff Under-Sheriff or other sworn and known Officer to serve it without writing any Precept But if he will Command another Man that is no Officer to serve it he must give him a written Precept for otherwise a Writ of false Imprisonment will lye for the Arrest And if it be directed to the Bayliff or to a Servant of a Justice of Peace or other Stranger they must serve it themselves for they can Command none other to do it neither by Word nor Precept by Marrow XXIX Lamb. 89. A sworn and known Officer needeth not to shew this Warrant when he doth serve it upon a Man 8 Ed. 4. 14. Officer False Imprisonment Br. 23. 20 H. 7. 13 c. For his Office doth after a sort Authorize him But if the Justice will set his Servant to serve it that Servant must shew the Warrant if the party demand it and otherwise the party may make resistance XXX Lamb. 89 90. A Justice of Peace saith Peace Return Br. 9. may make this Warrant returnable before himself and the Bayliff needs not to carry the party before any other Justice but Judge Fineux 21 H. 7. 20. saith That if a Justice of Peace do make a Warrant of the Peace Ex Officio that is without any Writ of Supplicavit Awarded then the party may chuse to appear before him or any other Justice in the Shire and that he shall punish the Bayliff in false Imprisonment if he do otherwise compel him 5 Co. 59. Infrà 37. otherwise it is in the Execution of a Writ of Supplicavit for he alone to whose hands it first cometh is Authorized to execute and return that Writ and thereupon Mr. F. N. B. 81. affirmeth That if such a Writ of Supplicavit be delivered to the Sheriff then he may both Execute it alone and also take Surety by Recognizance which otherwise being but a Conservator he could not do because the Writ doth so enable him yet 9 Ed. 4. 31. Littleton is to the contrary Dalt 166. cap. 69. XXXI Lamb. 90. The Officer ought also to require the party to come and find Surety of the Peace before that he do Arrest him by the opinion L. 5 Ed. 4. 13. 10. and in truth the Common Form of the Precept is And if he refuse c. then he shall convey him to the Goal and therefore if he yield to come and to find Surety the Officer may neither absolutely Arrest him nor take any Fee of him And this may be the cause that when one appeareth upon such a Warrant before the Justice of Peace the Justice needeth not demand Surety of him but may commit him if he do not offer Surety 4 H. 7. 9. Crumpt 142. Dalt 166. cap. 69. XXXII Lamb. 90 91. If a Bayliff do Arrest a Man for the Peace before that he have any Warrant and then afterwards do procure a Warrant for it this nevertheless is unlawfully done and will not excuse him in an Action of false Imprisonment But if the Bayliff do cause one by force of a Warrant to come and find Surety of the Peace and when the Party is brought the Justice will not bind him yet the Bayliff is excused 21 H. 7. 22. Crump 144. 14 H. 7. 9. XXXIII Lamb. 91. If Surety of the Peace be required at the hands of a Justice of Peace that dwelleth out of the County against a Man within the County the Justice may grant a Precept to be served in the County but when the party shall be thereupon warned and commanded to find Surety the Officer may not carry him out of the County to the Justice of Peace that made the Warrant by Marrow
For a Justice of Peace hath no Authority but in the County where he is a Justice 13 Ed. 4. 8. Coron 37. and therefore it may be doubted also whether such a Warrant be good or no. XXXIV Lamb. 92. But if it fall out that he refuse to come and put in such Surety then may the Officer by virtue of his Warrant convey him to Prison for the words of the Commission § 5. are And if he shall refuse then c. And if he add resistance to this refusal and make assault upon the Officer then may that Officer justifie the beating or hurting of him 21 H. 7. 39. per Fineux Dalt 167. cap. 69. 3 H. 7. 3. per Brian False Imprisonment Br. 21. XXXV Lamb. 93. To this Arrest for the Peace all Lay Persons under the degree of Lords or Peers of the Realm be subject and Ecclesiastick persons if they be not attendant upon Divine Service may be Arrested for the Peace also by Marrow Release XXXV Lamb. 93 94. For as it seemeth to some that any Justice of Peace may upon his offer take the Surety and deliver him so it may be some doubt whether he may be delivered upon the Death or Release of the party without the help of a Sessions or Goal Delivery Dalt 167. cap. 69. 176. cap. 71. Priviledg XXXVI Lamb. 94. It appeareth 4 Ed. 4. 16. pl. And by the opinion of Brian 2 H. 7. 2. 4. That if such an Imprisoned person had a suit hanging in the Common Place aforehand he might by a Writ of Priviledge be discharged of the Imprisonment if the Party at whose suit he was Arrested for the Peace were not ready in Court at the day of the Return of the Writ when he should be called to pray there again the Surety of the Peace against him and he saith that it had been alwayes their common Course so to do but other there were of a contrary opinion and it seemeth a hard Case that without any sufficient notice of such a removing of the Party a man should be defeated of his Surety for the Peace Crumpt 141. b. 142. b. 143. Dalt 167. cap. 69. 186. cap. 73. XXXVII Lamb. 94 95. But now if the party shall yield to find Surety of the Peace then may he be at his Liberty if the Precept proceed ex officio Justices and without the Writ of Supplicavit to go to any other Justice of the Peace to offer his Surety for such is the opinion of Fineux 21 H. 7. 20. suprà 30. Tho Mr. Brook Peace Br. 9. and Faux Imprisonment Br. 11. liketh better to give the Election thereof to the Officer 5 Co. 59. b. and I do remember that a Justice of the Peace was by Order in the Star-Chamber thrust out of the Commission only because he refused to accept Surety of the Peace offered unto him upon a Warrant Awarded by one his Fellow Justice to whom the party as he alledged durst not go to give it for fear that he would Execute upon him the malice that he bare against him Crumpt 140. b. 144. Jurisd 31. Dalt 166. cap. 69. XXXVIII Lamb. 95. But here again the Officer had need be advised lest he find much trouble in following the Party whither he shall please to lead him for as there may be just Causes to yeild unto the request of a man that shall dislike to be brought before that Justice which gave out the Warrant either for some matter of private displeasure or for the great distance of his Dwelling or for other Reasons so yet without good Allegation made I allow not that the Officer shall be drawn out of the Division and Limit where both he and the party do Dwell for in so doing the Officer and not the Offendor may seem to be punished by the Service Dalt 166. cap. 69. XXXIX Lamb. 95. 96. Hereupon also it happeneth often Supersedeas that such Persons chusing rather to be bound by any other then by him that maketh the Warrant do offer themselves and do become bound before some other Justice and do withal procure a Supersedeas from him to be discharged of any other Arrest to be made upon them yea and many times hearing of such precepts and misliking to be bound in the Country they go up to Westminster and give Surety of the Peace there either in the Kings-Bench for a time only as the manner of that Court is or in the Chancery forever or for a time as they use it and do thereupon procure a Supersedeas from the Court where they are bound to close the hands of the Country Justices Crumpt 138. b. § 9. 144. b. 145. b. Dalt 168 169. cap. 69. XL. Lamb. 96. If therefore a Justice of the Peace will by a Supersedeas discharge a precept for the Peace Awarded by his fellow Justice by Vertue of his Office and not by force of a Supplicavit which is of a higher Nature and cannot be so Avoided then shall he do well to take the Recognizance after the self same sort in all points as the Form of the former Precept doth require for as it is good reason that having taken Surety for the Peace he may by his Supersedeas save the party from finding other Surety for the self same Cause So is it not reasonable that he should proceed otherwise then according to the first Precept and thereby discharge a matter of Record that was made by one of equal Authority with himself Fitz-herb 9. Crumpt 138. b. § 10. Infrà 99. XLI Lamb. 96 97. Supersedeas But this Supersedeas sent by a Justice of Peace is sufficient although it neither name the Sureties nor contain the Sums in which they are bound yet is it the better form to express them both as well because the higher Courts use so to do as also that if the Bayliff Constable or other Officer to whom it is delivered be called at the next Sessions by the Suit of him that sought to have the place to shew he hath Executed his Warrant and to come in and shew forth the Supersedeas then the Party that is bound may be called thereupon at the day that appeareth to be Limitted unto him by the Supersedeas for it is under the Seal of a Justice and doth testifie that the party is bound and hath found Surety to appear at a certain day and if he make default that being recorded shall be sufficient to cause him to forfeit the Penalty of the Recognizance altho the Justice that Awarded it shall omit to bring the Recognizance it self according as he ought now to do by 3 H. 7. 1. § N. and this may be Gathered upon the opinion 2 H. 7. 4. Surety Br. 13. Priviledg Br. 52. and may also be seen by this Form of the Supersedeas under-written XLII Lamb. 97 98. W. S. Esq one of the Justices of the Peace of our Soveraign Lord the King within the County of K. to the Sheriffs
Bayliffs Constables c. and other the faithful Ministers and Subjects of our said Soveraign Lord within the said County and to every of them sendeth Greeting Forasmuch as A. B. of c. Yeoman hath Personally come before me at A. c. and hath found sufficient Surety that is to say C. D. E. F. c. Yeoman either of the which hath undertaken for the said A. B. under the pain of XX li. and he the said A. B. hath undertaken for himself under the pain of XL li. that he the said A. B. shall well and truely keep the Peace toward our said Soveraign Lord and all his Liege People and specially towards G. H. c. Yeoman and also that he shall personally appear before the Justices of the Peace of our said Soveraign Lord within the said County at the next General Sessions of the Peace to be holden at M. there therefore on the behalf of our said Soveraign Lord I Command you and every of you that ye utterly forbear and surcease to Arrest take Imprison or otherwise by any means for the said occasion to molest the said A. B. and if you have for the said occasion and for none other taken or Imprisoned him that then you do cause him to be delivered and set at Liberty without further delay given at A. aforesaid under my Seal this Day of c. Anno c. This Supersedeas may also be in the Name of the King under the Test of the Justice of Peace thus Charles by the Grace of God c. to the Sheriff c. Greeting Forasmuch as A. B. hath come before T. F. Knight one of our Justices of the Peace within our said County and hath found c. we therefore Command you and every of you that ye forbear c. Witness the said T. F. c. XLIII Lamb. 99. Thus much of the Supersedeas Issuing from a Justice of the Peace the which ought to with-hold and stay the Proceeding of his fellow Justices in the said Cause in so much that if any Officer by any of their Warrants having this Supersedeas delivered unto him will nevertheless urge the Party to find new Surety for the Peace he may refuse to give it and if he be Committed to Prison for such his refusal he may as I think have his Action of False Imprisonment against the Officer upon the same XLIV Lamb. 99. I read 21 Ed. 4. 40. Peace Br. 17. that a Supersedeas proceeding out of the Chancery will discharge a Surety of the Peace taken before the Justices of B. R. much more then will a Supersedeas sent out of the Chancery or B. R. discharge a Precept for the Peace that is awarded from an Inferior Justice of the Peace and if the Justice of the Peace to whom a Supersedeas out of such an High Court shall be delivered will not thereupon surcease an Attachment may be Awarded against him for his contempt and he may be Imprisoned and Fined for it Crumpt 139. § 12. XLV Lamb. 99 100. It is good Counsel therefore F. N. B. 238. E. where he willeth the Justice of Peace after such a Supersedeas received to forbear to make any Warrant to Arrest the Party and if they have Awarded it then to make their own Supersedeas to the Sheriff and other Officers thereby Commanding them to surcease to put it in Execution XLVI Lamb. 100. Recognizance If the Justice of Peace deal in taking of the Recognizance of the Peace as a Judge and by vertue of his Commission § 5. then the number of the Sureties the Sum of the Bond their sufficiency in Goods or Lands the time how long the Party shall be bound and such other Circumstances are referred wholly to his own Consideration and if he be deceived in the ability of the Sureties he may compel the Party to put in others by Marrow for the Avoiding of which deceit also the Justices of C. B. 7 H. 6. 25. Did Examine the Ability of the Sureties upon their Oaths XLVII Lamb. 100 101. The Common manner is to take two Sureties besides the Party himself and good reason it is that those should be such as have their names registred in the Book of Subsidy for albeit that here and there some may be sufficient that were not Assessed to the King yet it standeth not well together that he should become bound to the King in X or XX li. that was not in the Subsidy found worth any thing at all and the Case may be such that Sureties only not the principal Party shall give the Bond for if the Peace be prayed against a Wife or an Infant under the years of Discretion they shall be bound by their Sureties only as was the Monk or Cannon 36 H. 6. 23. Surety Br. 9. Moign Br. 15. Dalt 171. cap. 69. XLVIII Lamb. 101. But if the Justice of Peace shall Command the Peace as a Minister in Execution of the Writ of Supplicavit Supplicavit then must he behave himself as the Writ it self directeth him and that hath not been alwayes after one manner for some Commandeth him to take sufficient Manucaptors in any pain or Sum to be reasonably set by himself so that he will be answerable for it at his own Peril and some willeth him to take sufficient Security in a Sum certainly prescribed unto him as C li. in all or every of them in XX li. as at large Register 89. Dalt 185. cap. 73. XLIX Lamb. 101 102. A Justice of the Peace saith Marrow Bail may take this Surety by a Gage or pledge which shall not be forfeited thereby but pawned only so that the Party shall under a certain pain keep the Peace which pawn he shall forfeit if he break the Peace Dal. 171. cap. 69. L. Lamb. 102. And by the Opinion of Marrow a Justice of the Peace may also take his Surety by an Obligation made to himself by the name of Justice of the Peace for so shall it be saith he ad usum Domini Regis but if it were made unto him without his name of Justice of the Peace then it could not be to the use of the King unless it had the words ad usum Domini Regis on the other side F. N. B. 81. D. holdeth that such an obligation taken to the King by a Justice of the Peace is nothing worth for a man cannot be bound to the King but only by matter of Record unless he will after come into a Court of Record and Confess it to be his Deed and pray that it may be Enrolled there 9 Ed. 4. 31. But the new Statute 33 H. 8. 39. § N. hath made a plain Law in these Cases that all Obligations and Specialties made for any Cause touching the King shall be in his own name by the words Domino Regi and to no other Person to his use The safe way therefore is to take his Surety by Recognizance as is commonly used and that also by the
Purificationis beatoe Marioe Virginis proxim ' futur ' post Dat' present ' nisi fecerint concesserunt pro se Heredibus Executoribus administraterbus suis per present ' quod Dictoe separales Summoe leventur ' recuperent ' de maneriis messuagiis terris tenement ' bonis catallis hereditament ' ipsorum J. S. W. S. R. D. hered ' executor ' assignator ' suorum ubicunque fuerint jnvent ' per present ' Dat' c. Another CAntebr Memorand ' quod c. Die c. Anno c D. E. de B. in Com' predicto Yeoman personaliter venit coram me N. D. Armig ' uno Justiciar ' Dicti Domini Regis ad pacem in Com' predict ' Conservand ' assignat ' recognovit se debere dicto Damino Regi x libr ' bonoe legalis monetoe Anglioe de bonis Catallis terris tenement ' suis fieri levari ad opus dicti Domini Regis heredum Successorum suorum si defecerit in Conditione indorsata Alias MEmorand ' quod c. Die c. Anno c. venerunt coram me M. D. uno Justiciar ' c. assignat ' T. F. de W. in Com' predict ' Yeoman J. S. de eisdem Villa Com' Husbandman Manuceperunt uterque eorum separatim manucepit sub pena v li. legalis monetoe Anglioe pro W. S. de W. predict ' Taylor predict ' W. S. assumpsit pro seipso sub pena x li. consimilis monetoe Anglioe quas quidem separales Summas recognoverint quilibet eorum ut predictum recognovit se debere dicto Domino Regi de terris tenement ' bonis Catallis suis fieri c. si predict ' W. S. defecerit in performatione Condition ' infrascript ' A Condition to keep the Peace THe Condition of this Recognizance is such that if the within Bounden J. S. shall personally appear before the Justices of our said Soveraign Lord the King at the next General Sessions of the Peace to be holden in the said County of C. to do and receive that which by the Court shall be then and there enjoyned him and that he in the mean time do keep the Peace of our said Soveraign Lord the King towards the Kings Majesty and all his Liege People and especially towards A. B. of C. aforesaid Yeoman that then c. Kilborns Presidents 176. Retorn LIX Lamb. 107. If the Surety were taken by virtue of a Supplicavit then must the Justice of Peace being in this Case but a Minister make return of the Writ and Certificate of his doing into the Court from whence the Supplicavit did proceed First let him note upon the Back of the Supplicavit thus Executio istius brevis patet in quadam Schedula huic brevi Annexa The Schedule thus EGo T. F. Miles unus Custodum pacis Domini Regis in Com' K. certifico in Canceliarioam dicti Domini Regis me virtute istius Brevis mihi per A. B. in eodem Brevi nominat ' primo deliberati personaliter coram me tali die loco venire fecisse T. R. in dicto Brevi nominatum ac eundem T. ad sufficientem securitatem manucaptores pacis inveniend ' secundum formam dicti Brevis viz. as the Writ which is of divers forms shall appoint Compulisse in cujus rei testimonium huic presenti Certificationi meoe sigillum meum apposui datum apud D. predict ' in Com' predict ' 25 Die Febr ' Anno c. Dalt 185. cap. 73. Certiorari LX. Lamb. 108. If a Certiorari be directed out of the Chancery to the Justice of the Peace for removing this Recognizance because it was not sent up together with the Certificate as there was no necessity that it should then that Writ also may be thus Answered Upon the Back of the Writ thus VIrtute Istius Brevis ego P. H. unus Custodum Pacis Domini Regis in Com' K. tenorem securitatis pacis unde infrà fit mentio Dicto Domino Regi in Cancellariam suam sub sigillo meo distinctè apertè mitto prout patet in Schedula huic Brevi consuta Crumpt 143. ab The which Schedule may be thus Reciting MEmorand ' quod XX die c. Anno c. the whole Recognizance to the End then in cujus rei Testimonium ego predict ' P. H. sigillum meum apposui dat' c. Dalt 185. cap. 73. Joyndre LXI Lamb. 108 109. If the Supplicavit be against divers and the Party will release his Prayer of the Peace against one of them then the release ought to be certified for him and the Writ must be served for the rest or else non est Inventus may be certified for him and the Writ may be certified for the rest Dalt 173. cap. 69. Retorn LXII Lamb. 109. And this Form may serve also where a Certiorari is brought to a Justice of Peace to remove a Recognizance of the Peace that was taken by him ex officio without any such Writ of Supplicavit as Registre 90. But if the Recognizance be not thus removed from the Justice of Peace then may he keep it till the Certiorari come to him for it On the other side if the Recognizance were taken by vertue of his Office then whether it were by his own Discretion or at the Suit and desire of another he must send or bring it in at the next Sessions to the Custos Rotulorum so that the Recognizor may be there Called and if he make default then the same default to be recorded as is appointed by 3 H. 7. 1. § 1. N. 26. Dalt 174. cap. 70. LXIII Lamb. 109. And although the Party that prayed the Peace Appearance do not then appear at those Sessions yet is not the default of the Recognizor discharged thereby 39 H. 6. 26. Surety Br. 10. and the Justices may then of discretion bind him over which also they ordinarily do in some places for two or three Sessions together by order among themselves Dalt 174. cap. 71. LXIV Lamb. 110. The Justice of Peace that of his own motion compelleth one to give Surety of the Peace until a certain day Release may by like discretion before that day release it Fitzh 10. and if it should fortune to be made to keep the Peace Generally without any day limited then would it be construed that it was to continue during the Life of the Party bound and then could no man release it by Fitzh 21 Ed. 4. 40. 9 Ed. 4. 3. Crumpt 139. b. § 15. 141. Dalt 175. cap. 71. LXV Lamb. 110. If at the Suit of A. the Recognizance should be taken to keep the Peace against A. only and none other then may A. release it either before the same Justice or any other that will certifie the release which Certificate being of Record will discharge it but to release it by Deed is nothing worth by Marrow
Dalt 175. 176. cap. 71. LXVI Lamb. 110. And so if it be versus cunctum populum precipuè versus A. yet may A. after that sort release it as the Law is now practiced in our time clear against the opinion of 21 Ed. 4. 40. for albeit that it seem popular so that all others should have equal Interest with A. in it yet was it taken specially say they for his safety as the word precipuè doth argue plain and peace Br. 17. saith truly that it was used at that time also Crumpt 142. b. Dalt 174. cap. 71. 176. cap. 71. LXVII Lamb. 111. But since the Recognizance is made to the King and not to the Party though for his Security and seeing also that by such release he that ought to remain bounden shall be at Liberty and may do harm whilst intending to beat B. he may contend with A. both to pray and Pardon the Recognizance for the Peace I could for my part like better to maintain that old then to Imitate this new Opinion Dalt 176. cap. 71. LXVIII Lamb. 111. And now whether the recognizance be at the Suit of A. or by the meer motion of the Justice in the behalf of A. the King cannot Release or Pardon it before that it be forfeited both for the mischief that may come to A. thereby by the opinion of Fineux 11. H. 7. 12. and for that the Recognizance being taken according to the common Form as is before set down It is not properly a Debt to the King until it be forfeited as appeareth 11 H. 4. 43. 1 H. 7. 10. But being once forfeited then he and none other may pardon the Forfeiture for then it is become proper Debt unto him Dalt 177. cap. 71. LXIX Lamb. 111 112. Now in these Cases the Recognizance may not be Cancelled lest peradventure the Peace was broken and consequently the Recognizance forfeit before the time of the Release made Fitzh 10. and therefore Crumpt 140. b. 141. a. It shall be best in such Cases to send to the Sessions the Recognizance and the Release together and that may be done in a few Lines under the Recognizance it self Crumpt 139. b. § 16. For the Release of a Justice thus EGo prefat ' T. W. Miles qui supra nominat ' A. B. ad predict ' securitat ' pacis inveniend ' ex mea Discretione compuli eandem securitatem pacis quantum in me est ex mea discretione 1 Die August ' Anno c. remisi relaxavi In cujus rei testimonium huic presenti relaxationi meoe sigillum meum apposui Dat' c. Dalt 390. cap. 128. And for the Release of the Party before the same Justice that took it thus MEmorand ' quod primo die Augusti Anno c. prefatus C. D. venit coram me S. L. Gratis remisit relaxavit quantum in se est predictam securitatem pacis per ipsum coram me versus supra nominatum A. B. petitum In cujus rei testimonium ego prefat ' S. L. c. Dat' c. But if the Release be made as some think it may before another Justice of the Peace which hath not the Recognizance then this latter form must be framed accordingly Dalt 390. cap. 128. LXX Dalt 390. cap. 128. These two former Releases are to be written under the Recognizance it self and if the Justice shall only Subscribe his Name to the Release without his Seal it is well enough especially where the Recognizance is without Seal Or the Release of the Party may be by it self thus C. MEmorand ' quod C. D. de S. in Com' predict ' Yeoman 1 Die August ' Anno c. venit coram me J. B. Armig ' uno Justiciar ' dicti Domini Regis ad pacem in Com' predict ' conservand ' assignat ' apud W. in Com' predict ' ibidem remisit gratis relaxavit R. W. de S. in Com' predict ' Laborer securitatem pacis per ipsum C. D. versus dictum R. W. coram me petitum Dat' Die Anno supradict ' And if the Release be made before another Justice which took not or hath not the Recognizance it may be thus C. MEmorand ' quod A. B. de C. in Com' predict ' Yeoman 1 Die c. Anno c. venit coram me R. H. Armig ' uno Justiciar ' dicti Domini Regis ad pacem in Com' predict ' conservand ' assignat ' apud W. in Com' predict ' securitatem pacis quam habet versus J. S. de c. penitus remisit relaxavit dat' Die Anno supradictis Supersedeas LXXI Lamb. 112 113. Furthermore if a man be bound before a Justice of the Peace to keep the Peace against all the Kings People and to appear at the next Quarter Sessions and do afterwards procure a Supersedeas out of the Chancery testifying that he hath found Surety there against all the Kings People forever this will discharge his Appearance at the Sessions because the granting of this Supersedeas is the act of the King which is the Fountain of Justice and Controleth all other derived Authorities Fitzh 9. Crumpt 139. § 12. 141. b. LXXII Lamb. 113. But if that Supersedeas should testifie that he hath found Surety in the Chancery only until a certain day which day is after those Sessions then Mr. Fitz-herbert thinketh that his Appearance at the Sessions shall not be discharged by the Supersedeas Crumpt 139. § 13. In both these Cases also I would advise the Justice of Peace to send in as well the Recognizance as the Supersedeas if it come to his Hands for peradventure the Recognizance was broken before the Supersedeas purchased or if it were not yet he shall not be excused and the Recognizor never a whit the more endangered thereby LXXIII Lamb. 113 114. Abatement Lastly the death of the King dischargeth the Recognizance of the Peace 1 H. 7. 2. per Curiam so doth the death of the Recognisor and so also doth the death of him at whose suit it was taken if so be that it were made to keep the Peace against him alone Crumpt 140. b. But although the Mainpervors or Sureties dye yet the Recognizance liveth for if the Peace be broken after their deaths their Executors shall be charged with it 21 Ed. 4 40. Crumpt 142. b. Neither in the former Cases is the Recognizance discharged by such death if it were forfeited before and therefore here again my Counsel is to send in the Recognizance to the Custos Rotulorum for otherwise how shall the Justice of Peace be assured that he doth not defraud the King of a forfeiture that was grown unto him Crumpt 141. b. Dalt 177. cap. 71. LXXIV Lamb. 115. Menace If a Man be bound to keep the Peace against A. and do afterwards threaten A. to his face that he will beat him he hath forfeited his Recognizance And an Action of Trespass lieth at the
Common Law against him that shall threaten one to beat him as appeareth by 33 H. 6. 18. b. 37 H. 6. 20 c. and shall suppose it to be contrà pacem But otherwise it is if A. be not present at that threatning by good opinion 18 Ed. 4. 28. yet if in the absence of A. he doth threaten that he will beat him and then do afterward lye in wait to beat him he hath in that Case also broken his Recognizance 22 Ed. 4. 35. b. per Curiam Crumpt 136 137. Lamb. 127. Dalt 177. cap. 72. LXXV Lamb. 113. Like forfeiture is it if he that is bound do but command or procure another to break the Peace upon any man or to do any other unlawful act against the Peace if that it be done indeed tempus H. 8. Peace Br. 20. 7 H. 4. 34. Dalt 178. cap. 72. LXXVI Crumpt 135. If a man be not in fear that A. will beat him Oath or c. yet if he doubts that he will procure this or procure another to kill his Cattle or do evil to them or to burn his Houses or such like he must take his Oath expresly for this whereof he stands in doubt as it seemeth for it may be he stands in doubt of one and not of another LXXVII Crumpt 136. A Justice of Peace makes a Warrant to the Sheriff to Attach another and to carry him to the Sessions to be bound to the Peace and that in the mean time he bind him to the Peace and for his appearance at the Sessions aforesaid Quaere if this Precept that he do bind him ut suprà be good but the Justices of B. R. may command the Sheriff as appears F. N. B. 79. Lamb. 187. Dalt 330. cap. 117. Dalt 183. cap. 73. LXXVIII Crumpt 136. b. Nota Where any Recognizance shall be forfeit which is taken for the Peace that Act must be done to the person that shall be a breach of the Peace by Marrow lect 7. Lamb. 115. Dalt 178. cap. 72. 2 H. 7. 1. LXXIX Dalt 177. cap. 72. Whatsoever act is a breach of the Peace the doing or intending thereof against the person of another being present is a forfeiture of this Recognizance Crumpt 137. ab LXXX Crumpt 136. b. 137. If a man corrects his Wife Affray Servant or Child reasonably it s no breach of the Peace c. Marrow lect 7. 21 Ed. 6. 53. A Master may beat another in defence of his Servant for fear of losing his Servant and so he may do in defence of his Wife and Children and so a Servant in defence of his Master may beat another and no breach of the Peace c Ibidem see 21 H. 7. 41. 35 H. 6. 56. 9 Ed. 4. 51. A Child may beat another in defence of his Father or Mother and no breach c. Ibidem A man may beat another in defence of his Goods and no breach c. ibid. 9 Ed. 4. Trespass The Case is that if a man will take anothers Goods he may lay his hands upon him and disturb him and if he will not let them go he may beat him rather then suffer him to carry them away libr ' Intr ' 553. 189. Dalt 181. cap. 72. To beat a Man that is Mad with Rods and bind him is no breach of the Peace 22 Ass 56. 22. Ed. 4. 44. Dalt 179. cap. 72. LXXXI Crumpt 137. b. A Justice of Peace enjoyns a man on pain of 10 li. to keep the Peace It avails nothing by Marrow lect 6. Crumpt 123. § 9. 135. a. Officer LXXXII Crumpt 137. b. § 17. If a Clerk of the Peace gives or makes promise to give any thing in consideration of having the said Office of Clerk-ship he shall be by this disabled of having and occupying the said Office 5 6 Ed. 6. 16. § N. Oath LXXXIII Crumpt 139. b. § 18. Nota The Clerk of the Peace must take in the same Court where he is to serve the Oath of Supremacy before he shall be permitted allowed or suffered to exercise the said Office 5 Eliz. 1. § 19. N. 3. Justices LXXXIV Crumpt 140. § 20. In an Appeal of Maim the Court took surety of the Peace of both Parties by their discretion by four Mainpervors until the Plaintiffs wound were Cured each in 40 li. to the King 21 Ass 27. Error Br. 64. and so may Justices of Peace as it seemeth on view in Court of the wound and maim Appearance LXXXV Crumpt 140. b. If a man be bound to the Peace and to appear at a certain day he must appear at this day and Record his appearance tho he that demands the Peace comes not otherwise the Recognizance shall be forfeit 39 H. 6. 26. Dalt 174. cap. 71. and though the Justice doth not return the Recognizance to the Sessions yet the Party must appear and Record his appearance as where a Sheriff takes an obligation to appear in C. B. c. he must appear there and Record his appearance at the day otherwise the obligation shall be forfeit though the Sheriff doth not return the Writ 18 Ed. 4. 18. Condition Br. 162. Supplicavit LXXXVI Crumpt 140. b. When a Supplicavit of the Peace is directed to the Sheriff and to all the Justices and is delivered to one of them he alone shall execute the Writ and he that is Attacht by virtue of this Writ cannot go to be bound before any other Justice c. 21 H. 7. 22. Crumpt 141. 9 Ed. 4. 32. Dalt 182. cap. 73. Recognizance LXXXVII Crumpt 141. If a Man forfeits the Recognizance of the Peace yet until he be thereof Convict by course of Law he shall not be forced to find new Security for before Conviction it stands indifferent whether he hath forfeited the Recognizance or not but after he is Convict of breach of the Peace then he shall be bound anew 21 Ed. 4. 40. 10 H. 7. 11. Crumpt 142. b. 152. § 4. Lamb. 78. suprà 11. Dalt 159. cap. 67. LXXXVIII Crumpt 141. Nota if a Man be bound to the Peace and his Sureties be not sufficient another Justice may force him to find better Surety because the Precept is ad inveniend ' suffic ' securitat ' Marrow lect 6. Dalt 174. cap. 70. LXXXIX Crumpt 142. When the Conusor hath forfeit his Recognizance and paid his Mony the Court Ex Officio shall Award him to Prison until he hath found Surety de novo because the Ancient Surety is determined and it appears to the Court that he is Transgressor of the Law and therefore shall have the rigor of the Law 21 Ed. 4. 48. XC Crumpt 142. b. If Sureties be dead and the King's Serjeant or Attorny surmiseth this to the Court they shall not compel the party to find new Surety for it was said at the Court that they can take no regard to any such surmise because the Executors of the Sureties are charged for
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
their so doing such competent wages of the Mony of the said common Collections as by the discretion of the Mayor Aldermen Governor Bailiff or Justices of Peace and others of the Parish shall be thought good and reasonable which shall be appointed to them from time to time always at the making of their accounts before the whole Parish aforesaid CXXI 27 H. 8. 25. 26. § 19. N. 1. Item Charity The Mony of all and every the aforesaid free and Charitable Collections shall be kept in the common Coffer or Box standing in the Church of every Parish or else shall be committed into the hands and safe custody of any other such good and substantial trusty man as they can agree upon where they shall think it always sure and safe and where it may be surely delivered unto the uses before expressed from time to time as necessity shall require making always mention thereof in two several places of the said book as it is before declared as often times as any part thereof shall be spent or gathered CXXII 27 H. 8. 25. 26. § 20. N. 1. Item It is ordered Days c. That the Inhabitants of every Parish of this Realm shall begin to make the foresaid free Charitable and Godly Collections and Gatherings in every Sunday and Holiday next after the day of Saint John Baptist next coming and so shall continue yearly unto the last day of the next Parliament and every Parish making default and not putting all and every the premisses in due and perfect Execution according to their power behaviors and discretions shall lose and forfeit 20 s. for every Month in which it is omitted and undone CXXIII 27 H. 8. 25. 26. § 20. N. 2. And all Justices of Peace in every County and Liberty of this Realm Justices shall have full power and Authority by vertue of this present act to enquire hear order and determine all and every the premisses in manner and form and to all intents as it is before declared CXXIV 27 H. 8. 25. 26. § 21. N. 1. Finally it is ordained Continuance c. that this present Act shall begin to take effect and to be put in Execution with the aforesaid former Act viz. 22 H. 8. 12. the morrow after the day of Saint Michael the Arch-Angel next coming and shall continue unto the last day of the next Parliament 31 H. 8. 7. CXXV 27 H. 8. 25. 26. § 21. N. 2. Forfeiture And that the one moity of all and every the Forfeitures aforesaid shall be to the use of the common box to the relief of the Poor Decrepit Sick and Indigent and Impotent people being within any City Town Hundred or Parish where any such offence is committed and the other moity to him or them that will sue for the same by Bill Action of Debt Plaint or otherwise in any Court of Record or Court Baron of this Realm in which Action no wager of Law Essoyn or Protection shall be allowed CXXVI 27 H. 8. 25. 26. § 22. N. 1. Charity Provided always that this present Act shall not be hurtful or prejudicial unto any person or persons for giving or sending any ready mony or of any fragments or broken meat or drink unto any person or persons Inhabited within the Parish where he dwelleth or to any persons but that they and every of them of their Charity may use send order give and dispose the same to any person or persons aforesaid as they will themselves either within their own Houses or else where any thing contained in this present Act to the contrary in any wise notwithstanding CXXVII 27 H. 8. 25. 26. § 23. N. 1. And be it further Enacted Certificat c. That they which by the Authority of this Act shall cause the Ears of any offendor to be cut off in form before mentioned shall certifie in writing indented under their Seals at the next General Sessions of the Peace that shall be kept in any City Town Borough or Shire unto the Clerk of the Peace of the same City Town or Shire the names of all such as shall fortune to have their Ears cut off for the causes beforesaid and of the time and place of doing the same and if they fail and make default this to do by the space of one month that then they shall forfeit for every month so offending 40 s. Church wardens CXXVIII 27 H. 8. 25. 26 § 24. N. 1. And be it further Enacted c. That no Church-warden Collector or Collectors of any the foresaid charitable Alms shall continue in his or their said Offices and Rooms above the space of one whole year Charity CXXIX 27 H. 8. 25. 26. § 24. N. 2. And that in all Cities Boroughs Towns and Parishes of this Realm the overplus of all and all manner of Collections of the Rich and Wealthy Parishes within any of the same Cities Boroughs Towns Hundreds Lathes Rapes and Wapentakes from time to time shall be ordered and distributed for and towards the sustentation of the charges of other poor Parishes near and within any of the same Cities Boroughs Towns Hundreds Lathes Rapes and Wapentakes by the discretion from time to time of the Mayor Aldermen Baliffs Governors Justices of Peace and high Constable of the same Constable CXXX 27 H. 8. 25. 26. § 25. N. 1. Provided alwais that in such Cities Towns Hundreds Wapentakes Lathes Rapes Ridings Tythings Hamlets and Parishes where the voluntary and unconstrained Alms and Charity of the Parishioners or people which by this Act shall be contributory to such Alms and with such Mony as shall be added and given to the same from any Monasteries or other persons bodies Politick Corporate or other will not suffice to the sustentation of the poor needy and indigent people being within the limits of such contribution neither the Mayors Aldermen Sheriffs Bailiffs Constables or other head Officers Householders Ministers or Inhabitants of the same in particular ne also the whole of them in general shall incurre or run into the said forfeiture danger or penalty of 20 s. for every Month ne any of them to be constrained to any such certain contribution but as their free wills and Charities shall extend otherwise than that the persons thereunto appointed by this Act shall well and truly distribute according to the purport of the same the said Charity and Alms that shall come to their hands of voluntary gift upon the penalties in this Act for the same provided any Clause Sentence or Words in the same Act being or founden to the Contrary thereof notwithstanding Charity CXXXI 27 H. 8. 25. 26. § 26. N. 1. Provided also it shall be lawful to all Noblemen and other keeping Houses their Almoners Servants Officers and Ministers to give in Alms the Fragments or broken Meat or Drink of the same as well to poor and indigent people of other Parishes as of the same Parishes where such House
viz. 5 Eliz. 3. and every Branch Article Clause and Sentence in them and every of them contained shall be from and after the Feast of Saint Bartholomew the Apostle next coming utterly void frustrate and of none effect CCLXX. 14 Eliz. 5. § 2. N. 1 Be it also Enacted Nusans c. as well for the utter suppressing of the said outragious enemies to the common-weal as for Charitable relieving of the aged and impotent poor people in manner and form following CCLXXI. 14 Eliz. 5. § 2. N. 2. First that all and every person and persons whatsoever they be being above the age of fourteen years Infant being hereafter set forth by this Act of Parliament to be Rogues Vagabonds or sturdy Beggers and be at any time after the Feast of Saint Bartholomew the Apostle next coming taken Begging in any part of this Realm or taken Vagrant wandring and misordering themselves contrary to the purport of this present Act of Parliament in any part of the same shall upon their apprehension be brought before one of the Justices of the Peace or Mayor or Cheif-Officers of Cities Boroughs or Towns-Corporate within the County City Borough or Town-Corporate where the Apprehension shall happen to be Imprisonment CCLXXII 14 Eliz. 5. § 2. N. 3. And by the said Justice or Head-Officer to be presently committed to the common Goal of the said County being apprehended within the County or else such other place as by the Justices of Peace of that County or three of them at any their general Sessions shall be appointed Corporation CCLXXIII 14 Eliz. 5. § 2. N. 4. And if he be taken within any City Borough or Town-Corporate then to be committed to the said City Borough or Town Corporate Bail CCLXXIIII 14 Eliz. 5. § 2. N. 5. There to remain without Bail or Mainprize until the next Sessions of the Peace or general Goal-Delivery for the said Shire City Borough or Town-Corporate to be holden which shall first happen Constable CCLXXV 14 Eliz. 5. § 2. N. 6. And the Constables or other Officers for the conveying of such Rogue or Vagabond by Commandment of the said Justices to have such reasonable charges for themselves and the Prisoner from time to time born by the Parish or Parishes where the said Rogue or Vagabond shall happen to be taken as to the discretion of the Justices of Peace present at the next Assizes or at the Sessions of the Peace then next kept within the limit where the Prisoner is apprehended shall seem convenient Sessions CCLXXVI 14 Eliz. 5. § 2. N. 7. At which Sessions or Goal-delivery if such person or persons be duly convict of his or her Roguish or Vagabonds trade of Life either by Inquest of Office or by the Testimony of two honest and credible Witnesses upon their Oaths that then immediately he or she shall be adjudged to be grievously whipped and burnt through the Gristle of the right Ear with an hot Iron of the compass of an Inch about manifesting his or her punishment received for the same whereof entry shall be made of Record by the Clerk of the Peace of the same Shire in the Records of the same Sessions Execution CCLXXVII 14. Eliz. 5 § 2. N. 8. Which Judgment shall also presently be executed except some honest person valued at the last Subsidy next before that time to 5 l. in Goods or 20 s. in Lands or else some such honest Housholder as by the Justices of Peace of the same County or two of them shall be allowed will of his Charity be contented presently to take such Offender before the same Justices into his Service for one whole year next following and to that end will presently before the said Justices enter into Bond by Recognizance to the use of our Soveraign Lady the Queen to pay to our said Soveraign Lady the sum of 5 l. if he keeps not the said Offendor in his Service by the space of the said whole year and to bring him or her unto the Sessions at the years end or then good proof of his or her death during the said year Fees CCLXXVIII 14 Eliz. 5. § 2. N. 9. The said Clerk of the Peace taking for the said Recognizance but 12 d. only Departure CCLXXIX 14 Eliz. 5. § 2. N. 10. And if such Rogue or Vagabond so taken into Service depart within the said year from the said Service against the will of him that so taketh him or her into Service that then such Rogue or Vagabond shall be whipped and burnt through the Gristle of the right Ear with a hot Iron as is aforesaid Bail CCLXXX 14 Eliz. 5. § 3. N. 1. Provided always nevertheless that if the said person so committed or to be committed come before the next Sessions of the Peace or the next Goal-delivery to be holden for the said County or before their committing and do find any such Surety as is next before recited to be bound in form aforesaid for him or her for one whole year then the said person shall not tarry in the Goal till the next Sessions or till the next Goal delivery CCLXXXI 14 Eliz. 5. § 4. N. 1. And be it further Enacted Pain that the said person or persons so marked or adjudged to be burnt as aforesaid shall not be dealt withal again by way of punishment by the space of forty days next after the said punishment executed or adjudged to be burnt as is aforesaid if he or she have Licence for the said forty days from two Justices of the Peace of the same Shire testifyng the Punishment received or Judgment given CCLXXXII 14 Eliz. 5. § 4. N. 2. But if after the said punishment Executed or Judgment given the said person or persons Coron so marked or haveing received such Judgment do after threescore days next after he she or they shall be so marked either in the same County where he or she was so marked or having received such Judgement or else in any other County within the said Realm of England or Wales being of the age of Eighteen years or above do Eftsoons fall again to any kind of Roguish or Vagabond trade of life that then the said Rogue Vagabond or Sturdy Begger from thenceforth to be taken adjuged and deemed in all respects as a Felon CCLXXXIII 14 Eliz. 5. § 4. N. 3. And shall in all degrees receive have Forfeiture suffer and forfeit as a Felon except some honest person valued at the last subsidy next before that time to 10 l. in Goods or 40 s. in Lands or else some such honest House-holder as by the Justices of Peace of the same County or two of them shall be allowed of meer Charity will be contented before such Justices as the said Vagabond is or shall be arrained of Felony to take him or her into his service for two whole years then next following and then before the same Justices will then presently
having Licence of the next two Justices of the Peace Licence to the place where they first hapned to Land or where they first entred into this Realm shall and may pass according to the purport of their Licence and intent of this Act of Parliament any thing herein contained to the contrary in any wise notwithstanding CCCIII. 14 Eliz. 5. § 10. N. 1. Be it also further provided that no Licence recited in this Statute shall give any manner liberty Licence or be of any manner force but only in the Shire whereof the grantor or grantees of such Licence shall be Justice or Justices of Peace CCCIV. 14 Eliz. 5. § 10. N. 2. Wherefore if the said party Licenced will have any further passage without the danger of this law Licence than the Shire where his first Licence is granted it shall be lawful for him to procure and get in every other Shire where he intendeth to pass one other Licence from two Justices of the Peace of the said Shire and so from Shire to Shire to the end of his Journy CCCV 14 Eliz. 5. § 10. N. 3. Be it also provided that this Act Husbandry nor any thing therein contained do in any wise extend to any Cockers or Harvest Folks that travail into any Country of this Realm for harvest work either Corn Harvest or Hay-Harvest if they do work and labor accordingly CCCVI 14 Eliz. 5. § 10. N. 4. Neither yet to any that hapneth to be robbed or spoiled by the way Robbery CCCVII 14 Eliz. 5. § 10. N. 11. Neither yet to any Serving-men Apprentice that be of honest behavior that be turned from their Masters or whose Master or Mistres shall be dead for the space of six months next after such turning away or death of such Master or Mistres so as every such Serving-man hath a testimonial from his Master or Mistres or from two Justices of the Peace of the same County declaring such turning away or such death of his Master or Mistres CCCVIII 14 Eliz. 5. § 11. N. 1. Provided always that it shall be lawful to the Lord Chancellor or Lord Keeper of the Great Seal of England Licence for the time being to make Licence under the said Great Seal as heretofore hath been accustomed and that the said Licence and Licences shall as largly extend as the contents of them will bear any thing herein to the contrary in any wise notwithstanding CCCIX 14 Eliz. 5. § 12. N. 1. Provided always and be it further Enacted Ouster le mers c. that this present Act or any thing therein contained shall not extend to make frustrate or void any safe Conduct Pasport or Licence made and granted or to be made and granted by the Lord Deputy of Ireland or by the Lord Governor of the Towns and Garrisons of Berwick or Carlile for time being or any other Chief Captain or Governor of any Castle or Fortress of the Queens Majesties or by any other in his or their absence having the said charge of the said Towns and Garrisons or by any of the Guardians of the three Marches towards Scotland or by any General Lieutenant or other Chief-Officer appointed by the Queens Majesty to have the charge and conduct of any Army Garrison or Power of men levyed or to be levyed by her Highness order and appointment and for the special service and affairs of Her Majesty her Heirs or Successors or by any Private Captain upon the dispersing of any Army only to any Souldier or Souldiers or any other person or persons whatsoever within this her Realms of England and Ireland passing by vertue thereof about his or their lawful business and affairs but that he or they shall and may quietly without any let or disturbance enjoy the benefit effect and true meaning thereof in as large and ample manner and form as heretofore hath been used and accustomed any thing in this present Act mentioned to the contrary in any wise notwithstanding Infant CCCX 14 Eliz. 5. § 13. N. 1. Provided always that this present Act or any thing therein contained shall not in any wise extend to the punishment of any such person or persons as by this Statue are limited for Rogues unless the same be of the age of fourteen years or above but that they and every of them under the age shall be punished with whipping or stocking as heretofore hath been used and appointed by the Laws and Statutes in that case provided and now repealed this Act or any thing therein contained to the contrary hereof in any wise notwithstanding Constable CCCXI. 14 Eliz. 5. § 14. N. 1. And it is further Enacted c. that if within any Town or Parish where any such Vagabond or Rogue shall happen to beg or make his abode contrary to the form of this Statute if the Constable or Tything-men be negligent and do not his or their best endeavour for the apprehension of such Vagabond or Rogue which there shall beg or make abode contrary to the form in this Statute limited or shall willingly suffer the said Vagabond or Rogue to escape from the punishment or order in this Statute prescribed that then the said Constable or Tything-men in whom such default shall be shall lose and forfeit for every such Vagabond and Vagrant person that shall be so suffered to beg or make abode within his Authority contrary to the form of this Statute 6 s. 8 d. Cottages CCCXII 14 Eliz. 5. § 14. N. 2. And forasmuch as Charity would that Poor Aged and Impotent persons should as necessarily be provided for as the said Rogues Vagabonds and sturdy Beggers repressed and that the said aged impotent and Poor people should have convenient Habitations and abiding places throughout this Realm to settle themselves upon to that end that they nor any of them should hereafter beg or wander about Justices CCCXIII. 14 Eliz. 5. § 14. N. 3. It is therefore Enacted c. that the Justices of Peace of all and singular the Shires of England and Wales within the limits of their Commissions and all other Justices of the Peace Mayors Sheriffs Bailiffs and other Officers and all and every City Borough Riding and Franchise within this Realm whereof they be Justices of the Peace within the limits of their Authority shall at or before the said Feast of Saint Bartholomew next coming divide themselves and so being divided shall within every of their several divisions and Authorities make diligent search and enquiry of all Aged Poor Impotent and decayed persons born within their said divisions and limits or which were there dwelling within three years next before this present Parliament which live or of necessity be compelled to live by Alms of the Charity of the people that be or shall be abiding within the limits of their Commissions and Authorities CCCXIV 14 Eliz. 5. § 14. N. 4. And shall upon that search made Records make a Register-Book
Sacramentum suum presentant quod A. B. nuper de E. in Com. W. predict ' vidua primo die Maij Anno c. post editionem Actus in Parliament ' Domini Jacobi nuper Regis Angliae apud Westm in Com. Middlesex Anno Regni sui tertij editi scilicet predicto primo die Maij Anno supradict ' voluntariè libenter retinuit custodivit Anglicè did willingly retain and keep in domo sua quendam C. D. Servum suum Anglicè her Servant continue per spacium 12 Mensium integrorum insimul à predicto primo die Maij Anno supradicto usque ad quartum diem Maij Anno Regni c. Qui quidem C. D. non accessit Anglicè did not repair alicui Ecclesiae Capellae aut usuali loco Communis precationis ad audiend ' Divinum Servitium sed abstinuit ab eisdem Anglicè did forbear the same per predictum spatium predictorum 12 Mensium contrà Pacem dicti Domini Regis Coronam Dignitatem suas contra formam Statuti in hujusmodi casu edit provisi c. Poysoning see Coron Possession see Seisin Execution Posse Comitatus see Sheriffs Riot Force Post-Office see Ways Poulterers see Fowl Pound see Replevin Power see Justices Authority Power of the County see Force Sheriffs Preachers see Religion Encumbent Precepts see Process Praemunire see Pope Presentment see Endictment Presentation see Encumbent Church Presumption see Intendment Priests see Pope Principal see Accessory Coron Prisons see Imprisonment Privy Sessions see Justices Priviledge see Dignity Process Warrants Precepts Attachments Deeds 1. LAmbert 84 85. A Justice of Peace may by word only command a man being in his Presence to find Surety of the Peace 9 Edw. 4. 3. For seeing that he is a Judge of Record saith Mr. Fitzherbert his Precept by mouth is stronger then his Precept by writing Dalt 328. cap. 117. 2. So if the Peace be demanded against one that is in his Presence he may command the Sheriff or other known Officer or his own Servant if they be then present also to arrest the Party to find this Surety 14 H. 7. 8. and by Marrow for it is not so much the Arrest of the Minister as of the Justice himself Crompt 149. 3. But if either the Officer Servant or Party be absent then it is requisite to make a Warrant or Precept in Writing the form whereof may be thus in English for I see no cause yet why it should be directed in Latin to a Constable or Bursholder that by all Presumption understandeth no Latin at all Dalt 328. cap. 117. Joindre II. Lambert 89. If such a Precept be made jointly to twain yet the one alone may serve it Crompt 147 b. Dalt 332. cap. 117. Jointenants Br. 1. libr. Intr. 600. Sheriffs 2. If it be directed to the Sheriff then he may command his Bayliff Under-Sheriff or other sworn and known Officer to serve it without writing any Precept Dalt 332. cap. 117. Deputy 3. But if he will command another man that is no such Officer to serve it he must give him a written Precept for otherwise a Writ of false Imprisonment will lye for the Arrest Crompt 148 b. 4. And if it be directed to the Bayliff or to a Justice of the Peace or other Stranger they must serve it themselves for they can command none other to do it neither by Word or Precept Per Marrow Dalt 332. cap. 117. Monstr 5. A sworn and known Officer needeth not to shew his Warrant when he doth serve it upon a man 8 Ed. 4. 14. Faux Imprisonment Br. 23. Kell 86. pl. 9 Co. 69. 20 H. 7. 13. c. for his Office doth after a sort Authorize him Crompt 148 b. Dalt 332. cap. 17. But if the Justice of Peace will set his Servant to serve it that Servant must shew the Warrant if the Party demand it and otherwise the Party may make resistance Retorn 6. A Justice of the Peace saith Peace Br. 9. may make his Warrant retornable before himself and the Bayliff needs not carry the Party before any other Justice But Fineux 21 H. 7. 20. saith That if a Justice of Peace doth make a Warrant of the Peace ex officio that is without any Writ of Supplicavit awarded then the Party may chuse to appear before him or any other Justice in the Shire and that he shall punish the Bayliff in false Imprisonment if he do otherwise compel him 5 Co. 59. Lambert 94. 7. Otherwise it is in the Execution of the Writ of Supplicavit for he alone to whose hands it first cometh is authorized to execute and retorn that Writ and thereupon F. N. B. 81. affirmeth That if such a Writ of Supplicavit be delivered to the Sheriff then he may both execute it alone and also take Surety by Recognizance which otherwise being but a Conservator he could not do because the Writ doth so enable him yet Littleton 9 Ed. 4. 31. is to the contrary III. Lambert 90. 91. Notice The Officer ought also to require the Party to come and find Surety of the Peace before that he do Arrest him by 5 Ed. 4. 13. and in truth the common form of the Precept is and if he refuse c. then he shall convey him to the Goal and therefore if he yield to come and to find Surety the Officer may neither absolutely arrest him nor take any Fee of him 2. If a Bayliff do Arrest a Man for the Peace before that he have any Warrant and then afterwards do procure a Warrant for it Officer this nevertheless is unlawfully done 43 Eliz. 6. and will not excuse him in an Action of false Imprisonment Crompt 149. Dyer 244. Bar. 248. Dalt 333. cap. 117. 3. But if the Bayliff do cause one by force of a Warrant to come and find Surety of the Peace and when the Party is brought the Justice will not bind him yet the Baylâ—ff is excused 21 H. 7. 22. IV. Lambert 91. Lieu. If Surety of Peace be required at the hands of a Justice of Peace that dwelleth out of the County against a Man within the County the Justice may grant a Precept to be served in the County But when the Party shall be thereupon warned and commanded to find Surety the Officer may not carry him out of the County to the Justice of Peace that made the Warrant by Marrow Crompt 149 b. infra for a Justice of Peace hath no Authority but in the County where he is Justice Com. 37. And therefore it may be doubted also whither such a Warrant be good or no. 2. The Case was there 13 Ed. 4. 8. That a Justice of Peace in one County pursued a Felon and took him in another County whereupon it was holden that he ought to be committed to the Goal of the County wherein he was taken and not of the County wherein he which took him was a Justice for that he
part of their Office to repress Felons XXIV Lambert 541 542. Justices It seemeth by Mr. Marrow and Fitzh 16. that albeit two Justices of the Peace the one being of the Quorum may hear and try the Felonies yet no Justices of the Peace have Authority to deliver Felons by Proclamation or without sufficient Acquittal nor yet to deliver such as be in Prison for suspition of Felony 2 For they must proceed by enquiring hearing and determining as their Commission § 13. appointeth them and not rid the Goal otherwise as the Justices of Goal delivery may do 3. And therefore such Persons if they cannot be Indicted must either remain the coming of the Justices of Goal-delivery as the common manner now is or else being removed in B. R. they are either to be delivered thence upon the Writ F. N. B. De gestu fama as old order was or by such other mean as they at this day do use therein XXV Lambert 543. Furthermore Oath they cannot Arraign a Man upon his Abjuration saith Mr. Marrow 2. It hath also been thought unmeet that they should try a Felon the same day in which they Awarded the Venire Fac. against the Jury Trial. on 22 Ed. 4. Coron 44. but that hath no necessity and the Law is now otherwise taken See tit Justices 289. Crompt 150 b. 152 a. 3. Marrow saith that Justices of Peace cannot Award the Writ of Venire Fac. tot matronas to try whether a Woman Arraigned before them be with Child or not But seeing it standeth with Law and Reason to stay her for the time that the Child may be preserved I cannot but doubt of this Opinion XXVI Lambert 534. 535. Pleading If Process be Awarded in B. R. or before Justices of the Peace the Party may come in and offer his Traverse and otherwise the Process should be in vain 2. Hereunto agreeth Moubray 41 Ed. 3. 26. Traverse de c. Br. 2. Saying further that in a Leet such a Presentment is not traversable because out of a Leet no Process can be Awarded upon it And this peradventure is the Reason of 8 Ed. 4. 5. and of Mr. Marrow where they say That a Presentment of Bloodshed found in the Sheriffs Tourn and sent as it ought to be to the Justices of Peace cannot be Traversed before them as whereupon they can neither make Process nor discharge the Party by way of Plea Lambert 496. 3. So that this seemeth a general Learning That wherever any Process ad Respondendum goeth out upon such an Endictment as is traversable there also the Party may offer and ought to have his Traverse against it Officer XXVII Crompt 147. A Justice of Peace may make whom he will Officer by Brudnel which was granted 14. H. 8. 18. Dalt 332. cap 117. 2. But the Warrant must bear date of the place where it is made 14. H. 8. 15. 3. It appears by the Oath of a Justice of Peace that he ought to direct his Precept to the Baily of the County or other the Kings Officers or to other Indifferent Persons to do Execution thereof Fitzh J. P. 19. Commission 4. Crompt 147 b. If a Justice of Peace commands an Officer known by Precept to do a thing out of the Jurisdiction of the Justice of Peace and he doth it the Officer shall be punisht c. 22. Ass 64. Officer Br. 20. and so see that the Officer must take notice of the Authority of the Judge Dalt 334. cap. 117. Notice 5. Nota That the Officer who Arrests a Man must see at his Peril whither it be the same Person or not that should be Arrested c. 21. Ed. 4. 54. Replevin Br. 58. 13. H. 4. 2. Crompt 148 b. Dalt 333. Cap. 117. infra 6. If the Justices Award Process to take another without Cause and the Sheriff takes him yet he shall not be punisht for he cannot argue their Authority As if the Justices De Banco in a Praecipe quod reddat Award a Capias to take the Defendant and the Sheriff takes him and after the Justices Amend the Process yet the Sheriff shall be discharged 20 H. 6. 15. Monstrance XXVIII Crompt 147 b. 148. A Justice of Peace makes a Precept to bring A.B. before him to answer to such things as he hath to object against him on the Kings behalf it seemeth good without shewing the special matter for it may be he hath matter of Treason Conspiracy Murder or c. to object to him This is used by the Justices as the chief Clerk of Wray Chief Justice told me Dalt 329. cap. 117. 2. See Libr. Intr. 83. An Attachment to appear before Justices of Assize to Answer super hijs quae sibi ex parte nostra tunc ibidem objicientur Dalt 329. cap. 117. Place 3. But if a man be to find Surety of the Peace or Good-behaviour he must shew the Matter in the Precept but not if it toucheth Felony or Capital Offences or Conspiracy or unlawful Assemblies c. Dalt 329. cap. 117. 4. Stamf. 155. A Corpus cum causa out of B. R. to the Sheriff of York against one who was in Prison in the Castle there and he did not shew the Cause in the Writ for it may be that the Justices sent for him for matter of Treason or great Conspiracy and therefore by Catline Chief Justice they need not shew Cause no more shall a Justice of Peace do as it seemeth in Case where he sends for him that hath commited Felony where he is to be examined thereon for then he would not be taken and so it is used every where 5. A Bailiff or other Arrests a Man by Warrant of the Peace and takes his Promise that he will come to him such a day to go to a Justice to find Surety of the Peace and he comes not the Bailiff cannot take him again by the said Warrant c. But if he escapes Br. 12. 45. against his will he may retake him by Fresh Suit c. Dalt 333. cap. 117. Riot XXIX Crompt 148 b. A Justice of Peace may command his Servants to go to such a Place and if Rioters come there to Arrest them without making any Precept to them by Fineux Chief Justice and Tremail 14 H. 7. 8. Lambert 89. supra Dalt 328. cap. 117. 2. If a Justice of Peace makes a Warrant to a known Bayliff to Arrest another for Felony where he is not before Indicted Arrest the Bayliff shall not be punisht for the Arrest for a Justice of Peace is an Officer of Record and the Bayliff cannot argue his Authority And yet this Warrant is out of the Authority of the Justice of Peace himself For the Justice himself cannot Arrest another for Suspition of Felony if he himself doth not suspect him 14 H. 8. 18. 20 Ed. 4. 6. Faux Imprisonment Br. 8. 33. Barr 289. Trespass 179. Lambert 188 189. supra 3. A Commission issued
Warrant for levying the Penalty forfeited for not observing the Rates aforesaid on 13 Car. 28. § 5. N. 2. To the Constable and Borsholders of the Hundred of A. in the said County and to every of them Kent ss Forasmuch as it hath been duly proved before me that A. B. of C. in the said County Inn-keeper hath taken of C.D. Yeoman of the Gards more for his Lodging c. During his Majesties late abode within this Division than by the Justices of Peace of this County was according to the form of the Statute in that case made and Provided set down and appointed contrary to the form of the Statute aforesaid these are therefore in his Majesties Name to will and require you and every of you that you some or one of you do levy to the use of the said C. D. by Distress and Sale of the Goods and Chattels of the said A. B. 40 s. by him forfeited to the said C. D. for the Offence aforesaid returning the Overplus to the said A. B. the Charge of the Distraining being first deducted hereof fail not at your Perils Given under my hand and Seal the day of c. XIII Kilb. Precedents 105. A Warrant for providing of Carriages for the Kings use on 13. 14. Car. 2. 20. § 1. N. 2. To the Constable and Borshoulders of the Hundred of A in the said County and to every of them Kent ss Whereas we have received Notice in writing by Warrant under the Hands and Seals of A. and B. two Justices by Warrant of the L. High Admiral or two more of the Principal Officers or Commissioners of his Majesties Navy or Master of his Ordnance or Lieutenants of his Majesties Ordnance for providing of Carriages for the Service of his Majesties Navy or Ordnance These are therefore in his Majesties Name to require you and every of you that you some or one of you do cause to be sent to A. Ten Carriages on the Second day of May next furnished with Horses or Oxen sufficient for the said Service hereof fail not at your Peril Given under our Hands and Seals the day of c. XIV Kilb. Precedents 106. Another Warrant against him who refuseth to provide Carriages on 13 14 Car. 2. 20. § 3. N. 1. To the Constable and Borshoulder of the Hundred of A. in the said County and to every of them Kent ss Forasmuch as it hath been duly proved before us that B. C. having had reasonable Notice to bring one Carriage to T. upon the first day of May last for the service of his Majesties Navy or Ordnance according to the form of the Statute in that behalf lately made hath wilfully neglected so to do by which he hath forfeited 20 s. to the Kings Majesties use These are therefore in his Majesties Name to require you and every of you that you some or one of you do demand of the said B. C. to his Majesties use the aforesaid 20 s. and in default of Payment upon demand that then you some or one of you do forthwith levy the aforesaid 20 s. to the use aforesaid by distress and Sale of the Goods and Chattels of the said B. C. rendring to him the overplus upon such Sale if there shall be any the Charge of Distraining being first deducted hereof fail not at your Peril Given under our Hands and Seals the day of c. Quakers see Religion Quarrelling see Affray Quarter-Sessions see Justices Quorum see Justices Ransome see Amerciament Rape and Ravishment see Coron Women Razure see Records Rates see Taxes Poor Rebellion see Riot War Treason Recognizance Obligation Sureties Condition Release Certiorari Pardon Pledges I. LAmbert 101 102. A Justice of Peace saith Mr. Marrow may take this Surety of the Peace by a Gage or Pledge which shall not be forfeited thereby but pawned only so that the Party shall under a certain pain keep the Peace which pawn he shall forfeit if he break the Peace Dalt 171. cap. 69. Bail 2. And by Marrows Opinion a Justice of the Peace may also take this Surety by an Obligation made to himself by the Name of Justice of Peace for so shall it be saith he ad usum Domini Regis But if it were made unto him without his name of Justice of the Peace then it could not be to the use of the King unless it had the words ad usum Domini Regis Records 3. F. N. B. 82. D. on the other side holdeth that such an Obligation taken to the King by a Justice of Peace is nothing worth for a man cannot be bound to the King saith he but only by matter of Record unless he will afterwards come into a Court of Record and confess it to be his Deed and pray that it may be enrolled there 9 Ed. 4. 31. Dalt 171. cap. 70. Obligation 4. But the new Statute 33 H. 8. 39. § 52. 2. N. 2. hath made a plain Law in these Cases and willeth that all Obligations and Specialties made for any cause touching the King shall be made in his own name by the words Domino Regi and to none other Person to his use and 33 H. 8. 39. § 52. 2. N. 3. ordaineth further That such Bonds shall be of the nature of a Statute Staple and that if any person take any Obligation otherwise he shall be imprisoned at the Pleasure of the King or of his Honourable Council 5. The safest way therefore is to take his Surety by Recognizance as is commonly used and that also by the words Domino Regi and then upon the forfeiture thereof the King shall have Execution accordingly II. Lambert 103 104. Peace Now if a Recognizance be meant to be taken for the Peace by a Justice of the Peace and yet do not contain within it or in the Condition thereof that it was taken for the keeping of the Peace it seemeth to be void as being taken Coram non Judice because a Justice of Peace hath not the power to take Recognizances generally but for matters concerning his Office specially Dalt 171. cap. 70. 2. And therefore Mr. Marrow addeth further That if the Recognizance be that the Recognizor shall not maim nor beat A. yet it is not good because it ought to be for the keeping of the Peace and that may be broken otherwise as by burning of the House of A. or by such like Misdemeanor Dalt 171. cap. 70. 3. Dayes Although this Recognizance do not comprehend any time of Appearance but be generally to keep the Peace yet it is good in Law saith Mr. Marrow because the chief scope is the keeping of the Peace and the time is referred to the Discretion of the Justice Dalt 172. cap. 70. 4. But as it was moved 2 H. 7. 1. pl. Records Whether the Justice of Peace ought to bring in the Recognizance to the Custos Rotulorum that the Party might be called upon it So by the Statute 3 H. 7. 1.
Recognizance of the Peace that was taken by him ex officio without any such Writ of Supplicavit as Register 90. 5. But if the Recognizance be not thus removed from the Justices of Peace then may he keep it till the Certiorari come to him for it Infra 6. On the other side if the Recognizance were taken by vertue of his Office then whether it were by his own Discretion or at the Suit and desire of another he must send or bring it in at the next Sessions to the Custos Rotulorum so that the Recognizance may be there called and if he makes default then the same default to be Recorded as is appointed by the said Statute 3 H. 7. 1. § 1. N. 27. Dalt 173. cap. 70. 7. And although the Party that prayed the Peace do not then appear at those Sessions yet is not the default of the Recognizor discharged thereby 39 H. 6. 26. Surety Br. 10. and the Justices may then of Discretion bind him over which also they ordinarily do in some places for two or three Sessions together by order amongst themselves Dalt 174 cap. 71. V. Lambert 110. 111. 112. Release The Justice of Peace that of his own motion compelleth one to give surety of the Peace untill a certain day may by like discretion before that day release it Fitzh 10. Dalt 175. cap. 71. Crompt 139 b. 2. And if it should fortune to be made to keep the peace general without any day limited then would it be construed that it was to continue during the life of the Party bound and then could no Man release it by Fitzh and 21. Ed. 4. 40. 3. If at the Suit of A. the Recognizance should be taken to keep the Peace against A. only and none other then may A. release it either before the same Justice or any other that will Certifie the Release which Certificate being of Record will discharge it but to Release it by his deed is nothing worth by Marrow Dalt 176. cap. 71. 4. And so if it be Versus cunctum populum precipuè versus A. yet may A. after that sort Release it as the Law is now practised in our time Clean against the Opinion of 21 Ed. 4. 40. for albeit that it seem popular so that all others should have equal Interest with A. in it yet was it taken specially say they for his safety as the word precipuè doth argue plain and Peace Br. 17. truly saith That it was used at that time also Dalt 176. cap. 71. 5. But since the Recognizance is made to the King and not to the Party though for his Security and seeing also that by such Release he that ought to remain Bounden shall be at liberty and may do harm while intending to Beat B. he may collude with A. both to pray and Pardon the Recognizance of the Peace I could for my part like better to maintain that old than to Imitate this new Opinion Dalt 177. cap. 71. 6. And now whether the Recognizance be at the Suit of A. or by the meer motion of the Justices in the behalf of A. the King cannot Release or Pardon it before that it be forfeited both for the mischief that may come to A. thereby by Fineux Opinion 11 H. 7. 12. And for that the Recognizance being taken according to the common form as is before set down it is not properly a Debt to the King untill it be forfeited as appeareth 11 H. 4. 43. 1 H. 7. 19. But being once forfeited then he and none other may Pardon the forfeiture for then it is become a Proper Debt unto him Records 7. Now in these Cases the Recognizance may not be cancelled lest peradventure the Peace was broken and consequently the Recognizance forfeited before the time of the Relase made Fitzh 10. Dalt 176. cap. 71. And therefore it shall be the best in such Cases to send to the Sessions the Recognizance and the Release together and that may be done in a few Lines under the Recognizance it self Dalt 173. 174. cap. 70. infra 8. First for the Release of the Justice thus Ego prefat T. W. Miles Qui supra nominatum A. B. ad predictam securitatem pacis inveniend ' ex mea discretione compuli eandem securitatem pacis quantum in me est ex mea discretione 1 Die Aug. c. remisi relaxavi In cujus rei testimonium huic presenti relaxationi meae Sigillum meum apposui Dat. c. And for the Release of the Peace before the same Justice that took it thus Memorand ' quod 1. Die Aug. c. prefatus C. D. venit coram me S. L. gratis remisit relaxavit quantum in se est predictam securitatem pacis per ipsum coram me versus supra nominatum A. B. petitam In cujus rei testimonium Ego prefat S. L. c. Dat. c. But If the Release be made as some think it may before another Justice which hath not the Recognizance then this latter form must be framed accordingly Dalt 176. cap. 71. Appearance VI. Lamb. 112. 113. 114. Furthermore if a Man be bound before a Justice of Peace to keep the Peace against all the Kings People and to appear at the next Quarter-Sessions and do afterwards procure a Supersedeas out of the Chancery testifying that he hath found Surety there against all the Kings People for ever this will Discharge his Appearance at the Sessions because the granting this Supersedeas is the Act of the King which is the Fountain of Justice and controlleth all other derivative Authorities Fitz. 9. Dalt 169. cap. 69. 2. But if that Supersedeas should testifie that he hath found Surety in the Chancery only untill a certain day which day is after those Sessions then Mr. Fitzh thinketh that his appearance at the Sessions shall not be Discharged by the Supersedeas 3. In both these Cases also I would advise the Justice of Peace to send in as well the Recognizance as the Supersedeas if it come to his hands for peradventure the Recognizance was broken before the Supersedeas purchased or if it were not yet he shall be Excused and the Recognizor never a whit the more Endangered thereby 4. Lastly the Death of the King dischargeth the Recognizance of the Peace 1 H. 7. 2. per Curiam so doth the Death of the Recognizor Abatement and so also doth the Death of him at whose Suit it was taken if so be that it were made to keep the Peace against him alone Dalt 177. cap. 71. 5. But although the mainpernors or Sureties dye yet the Recognizance liveth for if the Peace be broken after their deaths their Executors shall be charged with it 21. Ed. 4. 40. Dalt 177. cap. 71. 6. Neither in the former Cases is the Recognizance discharged by such death if it were forfeited before Dalt 177. cap. 71. 7. And therefore here again my Counsel is to send in the Recognizance to the Custos
Dalt 2. cap. 1. 3. The Justices of C. B. and Barons of the Eschequer be Conservators within special places only that is to say within the Precincts of their several Courts so also the Justices of Assize may Award a Man to Prison that breaketh the Peace in their presence and they may command the keeping of the Peace under a pain and that Weapons be taken from the Jurors or Witnesses that appear before them if any complaint be thereupon made but as they be meerly Justices of Assize they can neither take Surety of the Peace nor Award any Process for it by Marrow Dalt 2. cap. 1. 4. The Justices of Goal-delivery may take Surety for the Peace of a Prisoner before them that was committed for not finding Surety of the Peace by Marrow 5. The Coronors saith Britton 3. be principal Conservators of the Peace within their Counties and every Sheriff is a Conservator of the Peace within his County as Judge Fineux affirmed 12 H. 7. 17. and after him F. N. B. 81. D. where he saith that the Sheriff may upon request made and without any Writ sent unto him command a Man to find Surety of the Peace by Recognizance Crompt 196 b. Infra Dalt 3 c. 1. 6. The Steward of the Marshalsey may take Surety of the Peace by Recognizance also within the Verge by Prescription Dalt 2. cap. 1. And the Constable and Marshall of the Kings House may see to the Conservation of the Peace within the same House by Marrow 7. The Steward of the Sheriffs Turn the Steward in a Leet or the Steward in a Court of Pypowders cannot grant Surety of the Peace unless it be by Prescription Dalt 2. cap. 1. XI Kilb. Precedents 190. Bailmen◠A Recognizance to appear and Answer for Felony Memorand ' quod 20 die Maij Anno Regni Domini Caroli Secundi c. R. C. de L. Generos E. C. de L. predict Generos J. B. de eodem Gen. M. C. de Eodem Yeoman venerunt coram me J. H. Armiger ' uno Justiciar ' dicti Domini Regis ad Pacem in Com. predict conservand ' Assignat ' manuceperunt per R.B. de L. in Com. predict Gent. viz. Quilibet eorum corpus pro corpore quod idem R. B. personaliter comparebit coram prefatis Justiciarijs Socijs suis ad proximam Generalem Sessionem Pacis in Com. predict tenend ' ad stand ' Rect. in Curia si quis versus eos tunc loqui voluerit de diversis Felonijs Transgressionibus unde idem R. B. Indictatus existit ut dicitur ad respondendum dicto Domino de eisdem porut debet Datum c. XII Crompt 196. § 1. Justices A Justice of the Peace may take Recognizances of the Peace because he is a Judge of Record and yet the Commission doth not give it F. N. B. 80. Dalt 170. cap. 70. XIII Crompt 196. § 4. Justices of Peace Mayors Bayliffs Vicounts Games and every other Chief Officers who find or know of any other using or exercising any unlawful Game against 33 H. 8. 9. § 14. N. 3. may bind them by Obligation to the Kings use in such Sum as they conclude reasonable that they shall not use such unlawful Games afterwards Crompt 197 b. § 2 b. XIV Crompt 196. § 5. Sepersedeas Justices of Assize out of their Places granting the Peace Another Justice of Peace there may make a Supersedeas but not where it s granted sitting the Court as I heard was done at Derby 43 Eliz. Quaere Dalt 168. cap. 69. Ale XV. Crompt 196. § 6. Justices of Peace may take a Recognizance of such who have Licence to keep an Alehouse for keeping of good rule and that they shall not use unlawful Games there 5 6 Ed. 6. 25. § N. Variance XVI Crompt 196 b. § 7. If a Statute gives Power to a Justice of Peace to take a Recognizance or Obligation for any Cause and the Justice of Peace inserts therein any other Cause it seemeth that the whole Recognizance shall be void as Com. 62. c. Bastardy XVII Crompt 196 b. § 8. Quaere If a Justice of Peace may by his Discretion bind a Man to the good behaviour who hath gotten a Woman with Child to be forth-coming until the delivery because that otherwise paradventure he will flie but 18 Eliz. 3. § 2. N. 3. doth not give this but it seemeth reasonable Lambert 119. Dalt 191. Cap. 75. Process XVIII Crompt 196. § 9. A Justice of Peace cannot Award process upon a Recognizance forfeit before them as it seemeth but must certifie it unto the Chancery B. R. or Exchequer by 3 H. 7. 1. § 1 N. 26. Dalt 173. cap. 70. Peace Br. 11. infra Constable XIX Crompt 196. § 10. A Constable may bind a Man by Obligation to keep the Peace 10 Ed. 4. 18. Surety Br. 26. Recognizance Br. 14. but 3 H. 4. 9. Surety Br. 23. Contra. as to the Obligation with Penalty Dalt 4. cap. 1. 2. Lambert 14. 15. These Constables were ordained as it appeareth 3 H. 4. 9. Surety Br. 23. 10. H. 4. and Fitzh 172. to keep the Peace and to repress Felons and might take Surety of the Peace by Obligation if they found any Man making an Affray or otherwise commit him to Prison untill he should find such Surety I have read also that a Constable might at the common Law have Bailed a Suspect of Felony by Obligation because he was a Conservator of the Peace And that both he and the Sheriff lost this Authority by 3 H. 7. 3. § 1. N. 5. 1 2 Ph. Mar. 13. § 5. N. 2. the which Statutes in giving that Power to Justices of Peace do in the Opinion of some Men take it from the Sheriff and Constable reported by Dalison Justice Supra Sheriffs XX. Crompt 196. § 13. A Sheriff may take a Recognizance of the Peace Virtute Officij as it seemeth F. N. B. 81. D. supra because its an Office of Record Quaere tamen Cattle XXI Crompt 196. § 14. Justices of Peace in their Sessions may take a Recognizance of Badgers and Drovers that they shall not forestall nor ingross nor do any other thing against the Statute of 5 6 Ed. 6. 14. Poor XXII Crompt 196 b. § 15. A Justice of Peace in Sessions may take a Recognizance of him that takes a Rogue in Service to appear at the same Sessions a year next after 14 Eliz. 5. § N. Fowl XXIII Crompt 196 b. 197 a. § 16. A Justice of Peace may bind a Man for two years that he shall not kill nor take Phesants nor Patridges against the Statute 23 Eliz. 10. § 2. N. 5. And it seemeth it shall be by Recognizance and yet the Statute doth not say whether it shall be by Recognizance or otherwise and so he may bind him that Hawks in anothers Corn contrary to the said Statute
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
Recordare and Removal see Certiorati Regrator see Market overt Relation see Days Release see Peace Recognizance Religious Houses see Abbe Religion Church Divine Service Preachers Encumbent Pope Quakers Common Prayer Sacraments Sabbath I. LAmbert 118. Recognizance Moreover it seemeth to me that all these Statutes 1 Mar. 1. St. 2. cap. 3. § 4. N. 3. which gave this Surety of good Abearing against such as disturbed a Preacher c. have this one meaning that a Party so bound may afterwards forfeit his Recognizance if he Eftsoons offend against the said Statutes II. Lambert 195. Church If any Offender contrary to the Statute 1 Mar. 1. St. 2 cap. 3. § 5. N. 2. provided against the Disturber of any Preacher shall be Arrested and brought before a Justice of Peace then he upon due Accusation thereupon to be had by the said Arrester or other Person shall forthwith Commit the party so taken to safe Custody by his Discretion 2. But enquire if 1 Mar. 1. St. 2. cap 3. § 5. N. 2. be not repealed by 1 Eliz. 2. § 27. N. 1. in general words Lambert 411. and Crompt 14. III. Crompt 14. Ecclesiastical Persons Enquiry at Sessions upon 1 Mar. 1. St. 2. cap. 3. § 2. N. 1. If any Voluntarily and of purpose by overt act word or deed malitiously or contemptuously hath molested or troubled or by any other unlawful ways or means disquieted or misused any Preacher lawfully Authorized or other Person Charged by Reason of his Spiritual Promotion or Charge in any his overt Sermon Preaching or Collation in any Church Chappel Church-yard or other place used or to be appointed every such Offender in the Premisses his Aiders Procurers and Abettors shall be committed to the Goal by three Months without Bail or Mainprise and shall remain there from thence untill the next Quarter-Sessions to be held within the same County City or c. at which Sessions upon his Reconciliation and Repentance in this behalf before the Justices at the said Sessions he shall be delivered and shall be bound to his good behaviour for a year and if he will not he shall remain there untill he will Dalt 192. cap. 41. 2. This Statute 1 Mar. 1. St. 2. cap. 3. § 2. N. 1. As to the said matter is not repealed as it seemeth for the Statute containeth divers several matters and so is as Divers Statutes as Com. 65. as it seemeth Lambert 411. Quaere infra IV. Dalt 102. cap. 41 And yet Sir Nicholas Hide at Bury Lent-Assises 1629. delivered it as I am credibly informed that 1 Mar. 1. St. 2. cap. 3. was wholly repealed by 1 Eliz. 2. § 27. N. 1. Process V. Lambert 333. 334. Within six days after Accusation had that any Person hath disturbed a Preacher and after his Committing to safe Custody by one Justice of the Peace one other Justice of the Shire must joyn with him in the Examination of the Offender and may proceed to find him Guilty by his own Confession or by two Witnesses and thereupon Commit him to the next Goal for three Months 1 Mar. 1. St. 2. cap. 3. § 5. N. 3. ask of the Continuance of this Statute Slander VI. Lambert 411. 412. Enquiry at Sessions if any person have within these three Months by contemptuous or reviling words or have advisedly in any otherwise depraved despised or reviled the blessed Sacrament of the Body and Blood of Christ 1 Ed. 6. 1. § 1. N. 6. revived 1 Eliz. 1. § 14. N. 1. Crompt 12. Justices VII Lambert 361. It seemeth that three such Justices viz. Quorum unus may out of the Sessions take Information and Accusation by the Oaths of two honest Persons against such as shall deprave the Sacrament of the Body and Blood of our Lord and Saviour Jesus Christ against the Statute and Examine them what other Witnesses were then by and to bind them all by Recognizance to give in Evidence at the day of Tryal 1 Ed. 6. 1. § 1. N. 7. But enquire of this matter Dalt 133. 134. cap. 49. Sessions VIII Crompt 124. The Justice of Peace shall enquire at every of their general Quarter-Sessions of those that speak irreverendly of the Sacrament of the Body and Blood of our Lord Jesus Christ 1 Ed. 6. 1. § 1. Process IX Lambert 516. Some other Statutes there be also that have extended the Authority of the Justices of Peace in sending Process beyond the Bounds of their own Commission for by 1 Ed. 6. 1. § 3. N. 1. three Justices of the Peace the one being of the Quorum may make Process against such as be thereupon Indicted for depraving the Sacrament by two Writs of Capias and the Exigent and by Capias Vtlagatum into any place within the Kings Dominions Church X. Lambert 197. Enquiry at Sessions if any Person above sixteen years of Age do by the space of twelve Months forbear to repair to some Church Chappel or usual Place of common Prayer contrary to the tenor of 1 Eliz. 2. § 14. N. 1. then any Justice of Peace of the County where such Offender shall dwell or be may make Certificate thereof in writing in B. R. to the end that the Offender may thereupon be bound in CC l. at the least with sufficient Sureties to the Good-behaviour for that his so long obstinacy besides the other penalties 23 Eliz. 1. § 5. N. 2. Crompt 13 b. Encumbent XI Lambert 412. 413. Enquiry at Sessions if any Person Vicar or Minister have refused to use the Common Prayers or to Minister the Sacraments according to the Book of Common Prayers 1 Eliz. 2. § 4. N. 1. Crompt 130 a. infra 2. Or wilfully standing in the same have used any other form in open Prayers or in Administration of the Sacraments or have spoken any thing in derogation of the said Book or any part thereof 1 Eliz. 2. § 4. N. 2. 3. Crompt 12 b. 13 a. 3. Or if any Person have in any Play Song or Rhime Slander or by any open word spoken in derogation of the said Book or of any thing therein contained or have caused or maintained any Parson Vicar or Minister to say any Common Prayer or to Minister any Sacrament in any other manner than after the said Book 1 Eliz. 2. § 9. N. 1. Crompt 13 a. 4. Or have interrupted any Parson Vicar or Minister to say open Prayer or to Administer any Sacrament according to the same Book 1 Eliz. 2. § 9. N. 3. 5. If any Person being above sixteen years of Age and not having lawful and reasonable Excuse to be absent have not repaired and resorted unto his or her Parish Church or Chappel accustomed or upon let thereof to some usual Place where Common Prayer is to be used upon every Sunday and other Holy-day and have not there orderly and soberly abiden during the time of such Common Prayer Preaching or other Service of God and how long such Person
11 H. 7. 15. § N to appoint two Justices of the Peace that may controll the Sheriffs Books Dalt 132. cap. 51. And by 27 Eliz. 12. § 2. N. 1. for taking the Oath of the Under-Sheriff VII Lambert 425 426 427 428 429. Enquiry in Sessions if any Sheriff have letten his County or any his Balywicks Hundreds or Wapentakes 2. Or have Retorned in any Pannels any Bayliffs Officers or their Servants 3. Or have refused to let to Bail upon sufficient Sureties any Person being in his Custody because of any Action Personal or because of Endictment in Trespass and not being in for any Condemnation Execution Utlary Excommunication Surety of the Peace or Commandment of any Justice or for being a Vagabond 4. Or have taken any Obligation by Colour of his Office but only to himself and upon the Name of his Office and upon Condition only to appear according to the Writ or Warrant 5. Or have taken for an Arrest above 20 d. or if he or any other Minister have taken any thing for making of any Retorn or Pannel or above 4 d. for the Copy of a Pannel or above 4 d. for the said Obligation or for any Warrant or Precept or any Bayliff above 4 d. for making any Arrest or the Goaler above 4 d. upon the committing to his Ward of any Person Arrested or Attached 23 H. 6. 10. 6. If any Sheriff or other his Minister have Arrested or Imprisoned or caused any Fine or Ransom or Amerciament to be levyed of any Person by reason of any Endictment or Presentment made by the Sheriff Turn or Law-day without Process from the Justices of Peace for the same first obtained 1 Ed. 4. 2. § 1. N. 5. Lambert 513. 7. Or have not brought in such Endictments and Presentments to the Justices of the Peace at their next Sessions 1 Ed. 4. 2. § 1. N. 4. 8. If any Sheriff or any his Ministers have entred into his Books any Plaints in any Mans Name not being present in the Court either in his own Person or by sufficient and honest Attorney or Deputy or have entred any more Plaints than the Plaintiff supposeth that he hath cause of Action for or have levyed the Shire Amerciaments without Book indented between them and two Justices of the Peace 11 H. 7. 15. § N. Dalt 133. cap. 51. 9. Or if the Bayliff of the Hundred have made default in warning or Executing any Warrant against any Defendant in the Sheriffs Court Dalt 133. bis cap. 51. 11 H. 7. 15. § N. 10. If any Sheriff or his Minister have levyed any the Debts of the King without shewing to the Parties the Estreats of the same under the Seal of the Exchequer 42 Ed. 3. 9. § N. and 7. H. 4. 3. § N. 11. If the Sheriff of this Shire or any other Person to whom it appertained to make Retorn of any Writ hath retorned any Juror without the true Addition at the Place of his abode at the time of that Retorn or within a year next before or without some other Addition by which the Juror might well be known 27 Eliz. 7. § N. 12. If any Estreat of Issues hath been gathered of any Person other than such as by virtue of the said Estreat was of right chargeable or charged therewith 27 Eliz. 7. 13. If any Under-Sheriff or other of the said Persons named 27 Eliz. 12 hath committed any Act contrary to the said Oaths 14. If any Sheriff or Goaler have denyed to receive Felons by the delivery of any Constable or Townshâ—ps or have taken any thing for receiving of such 4 Ed. 3. 10. § N. Ships Seamen Shipwright see Admirals Silk see Drapery Silver see Metal Skinners see Leather Slander Libels Words Rumors News I. CO. Inst 3. 198. cap. 93. The Law before the Conquest was that the Author and spreader of false Rumors amongst the People had his Tongue cut out if he redeemed it not by the Estimation of his Head Inter Leges Alveredi cap. 28. II. Crompt 84 b. 85 Enquiry in Sessions if any one hath published or forged false News or Controversies viz. Tales whereby Discord or Slander may arise between the King and his People or between the Nobles of the Realm the Offender shall be Imprisoned untill he can produce in Court the Author of such News 3 Ed. 1. W. 1. cap. 33. 34. and 1 and 2 Ph. Mar. 3. § 2. N. 2. 2. If any one hath forged or Counterfeited any false News and horrible false Lies of any Prelates Dukes Earls Barons or other Nobles and great Men of the Realm or of the Chancellor Treasurer Clerk of the Privy Seal Steward of the Kings Household Justices of the one Bench or of the other or of any great Officer of the Realm of things that by them were never spoken nor thought to their great slander whereupon debate and discord may rise between the said Lords and Commons they shall be punisht according to 3 Ed. 1. W. 1. cap. 34 33. untâ—ll they have brought into Court the Author of the said false News and Lies by 2 Rich. 2. 5. 1 2 Ph. Mar. 3. § 2 N. 2. 3. If the Forgers and Counterfeiters of false News c. mentioned in 3 Ed. 1. W. 1. cap. 34 33 and 2 R. 2. 5. cannot bring into Court the Author of such false News then they shall be punisht by advice of the Kings Council 12 Rich. 2. 11. § 1. N. 3. 4. Slanderous words of the King shall be punisht by Fine and Imprisonment on 3 Ed. 1 W. 1. 34. 33 and not by advice of the Privy Counsel on 12 Rich. 2. 11. for the King is a Person exempt and not implied within the words Great Men or Nobles c. Oldnols Case 4 5 Ph. Mar. Dyer 155. III. Poult de Pace 1 b. There is another foul puddle that ouzeth from the same corrupt Gogmire with Menaces and distilleth out of a heart likewise infected with Malâ—ce and Envy but is devised and practised by another mean than the former which is by Libelling secret slandering or defaming of another c. 2. And whether this Libelling secret Slandering or defaming be against a Publick Magistrate or Private Person yet it may tend to the breach of the Peace to the raising of quarrels and effusion of Blood and so may be a speciall impediment of that Peace which all good Policy endeavoureth to maintain 5 Co. 125 libr. intr 13. Hob. 354. IV. Crompt 197. Every Justice of Peace within a Month after the Offence may commit any one that is vehemently suspected to speak or report Slanderous News or Tales against the Queen that now is if he do not find Sureties to appear at the next Quarter-Sessions or Goal-delivery there to remain till he will find Surety ut supra 23 Eliz. 2. V. West Symb. 2 part 129. Sect. 200. An Indictment for words spoken against the Queen on 23 Eliz. 1. Glos ss Juratores pro Domina Regina super
bring with them both Judgment and Mercy mingled together And will not hang four for stealing a Wether Innuendo predictos Justiciar ' ad predict ' Sessionem Goalae deliberationem injuste Crudeliter abjudicasse mandasse quatuor Prisonarum de Prisona predict ' per collum suspend ' quousque c. pro furatione Angl ' for stealing unius Ovis ubi revera Justiciarij predict ' ad predict ' Sessionem Goalae predict ' deliberationem non adjudicaverunt nec mandaverunt quatuor Prisonarum de Prison ' predict ' per collum suspendi pro furatione unius Ovis contrà Pacem dicti Domini Regis Coronam Dignitatem suas necnon contrà formam Statut ' in hujusmodi Casu edit ' provisi Smoak-mony see Taxes Soap see Measures Merchants Souldiers see War Spinsters see Drapery Stabbing see Coron Star-Chamber see Riots Statutes see Parliament Stealing see Coron Stewards see Leet Justices Stock see Poor Account Taxes Stocks see Imprisonment Stoln Goods see Coron Chattels Strays see Coron Chattels Striking see Affray Strangers see Alien Submission see Pope Subornation see Proof Oath Subpena see Process Subsidy see Taxes Suggestion and Suits see Information and Action sur Stat. Supremacy see Pope Oath Summons see Process Sunday see Days Religion Supplicavit see Peace Supervisors see Poor Ways Supersedeas Release I. LAmbert 65. Yea by good Opinion 2 H. 7. 1. a Supersedeas of the Peace made by one Justice of the Peace under his Seal being brought into the Sessions is a sufficient Record to prove that there is a Recognizance of the Peace taken by the same Justice and it is Warrant enough to call the Party bound thereupon and if he makes default to Record the same infra II. Lambert 95 96 97 98 99. Hereupon also it hapneth often that such Persons as break the Peace chusing rather to be bound by any other Justice than by him that maketh the Warrant do offer themselves and do become bound before some other Justice and do withal procure a Supersedeas from him to be discharged of any other Arrest to be made upon them Crompt 138 b. pl. 9. 2. Yea and many times hearing of such Precepts for the Peace and misliking to be bound in the Country they go up to Westminster and give Surety of the Peace there either in B. R. for a time only as the manner of that Court is or in the Chancery for ever or for a time as they use it and do thereupon procure a Supersedeas from the Court where they are bound to close the hands of the Country Justices c. Dalt 168 cap. 69. 3. If therefore a Justice of Peace will by a Supersedeas Discharge a Precept for the Peace Awarded by his fellow Justice by vertue of his Office and not by force of a Supplicavit which is of a higher nature and cannot be so Avoyded then shall he do well to take the Recognizance after the self same sort in all points as the form of the Precept T it peace 24. doth require Crompt 138 b. pl. 9. 4. But this Supersedeas sent by a Justice of Peace is sufficient although it neither name the Sureties nor contain the Sums in which they are bound yet is it the better form to express them both as well because the higher Courts use so to do as also that if the Bayliff Constable or other Officer to whom it is delivered be called at the next Sessions by the Suit of him that sought to have the Peace to shew how he hath Executed his Warrant and do come in and shew forth the Supersedeas then the Party that is bound may be called thereupon at the day that he appeareth to be limited unto him by the Supersedeas for it is under the Seal of a Justice and doth testifie that the Party is bound and hath found Surety to appear at a certain day supra Dalt 168. pl. 69. And if he make default that being recorded shall be sufficient to cause him to forfeit the Penalty of the Recognizance although the Justice that Awarded it shall omit to bring in the Recognizance it self according as he ought now to do by the Statute 3 H. 7. § N. and this may be gathered upon the Opinion 2 H. 7. 1. and may also be seen by this form of the Supersedeas here under written Dalt 365. cap. 122. 5. W. S. Esquire one of the Justices of the Peace of our Soveraign Lord the King within the County of Kent to the Sheriff Bayliffs Constables Borshoulders and other the faithful Ministers and Subjects of our said Soveraign Lord within the said County and to every of them sendeth Greeting forasmuch as A. B. of c. Yeoman â—ath personally come before me at A. c. hath found â—ufficient Surety that is to say E. D. E. F. c. Yeomen either of the which hath undertaken for the said A. B. under the pâ—in of 20 l. and he the sâ—id A. B. hâ—th undertaken for himself under the pain of 40. l. that he the said A. B. shall well and trulâ— keep the Peace towards our sâ—â—d Soveraign Lord and all his Liege People and specially towards G. H. c. Yeoman and also that he shall personally appear before the Justices of the Peace of our said Soveraign Lord within the sâ—id County at the next General Sessions of the Peace to be â—olden at M. there Therefore on the behalf of our said Soveraign Lord I command you and every of you that ye utterly forbear and Surcease to Arrest take Imprison or otherwise by any means for the said occasion to molest the said A. B. and if you have for the said occasion and for none other taken or Imprisoned him that then you do cause him to be delivered and set at liberty without further delay Given at A. aforesaid under my Seal this last day of July c. Dalt 364. cap. 121. Crompt 2â—6 pl. 15. 6. This Supersedeas may also be in the name of the King under the Teste of the Justice of Peace thus Charles the Second by the Grace of God c. to the Sheriff c. Greeting Forasmuch as A. B. hath come before T. F. Knight one of our Justices of Peace within our said County and hath found c. we therefore command you and every of you that ye forbear c. Witness the said T. F. c. 7. Thus much of the Supersedeas issuing from a Justice of the Peace the which ought to withold and stay the proceedings of his fellow Justice in the said câ—use insomuch that if any Officer by any of their Warrants having tâ—is Supersedeas delivered unto him will nevertheless urge the Party to find new Surety for the Peace he may refuse to give it and if he be committed to Prison for such his refusal he may as I think have his Action of false Imprisonment against the Officer upon the same Dalt 168. cap. 69. 8. I read 21 Ed. 4. 40. that
a Supersedeas proceeding out of the Chancery will discharge 〈◊〉 Surety of the Peace taken before the Justices in B. R. much more then will a Supersedeas sent out of the Chancery or B. R. discharge a Precept for the Peace that is Awarded from an Inferior Justice of the Peace and if a Justice of the Peace to whom a Supersedeas out of such high Court shall be delivered will not thereupon Surcease an Attachmnet may be awarded against him for his contempt and he may be Imprisoned and fined for it Crompt 145 b. 9. It is good Counsel therefore given F. N. B. 238. where he willeth the Justice of Peace after sucâ— a Supersedeas received to forbear to make any Warrant to Arrest the Party And if they have Awarded it then to make their own Supersedeas to the Sheriff and other Officers thereby commanding them to Sâ—rcease to put it in Execution III. Lambert 123. And the like imitation of a Release of the Peace or good Abearing Tit. Peace 69. may be used also for a Supersedeas of the good abearing if at the least that be grantable by the Justices of the Peace Dalt 366. cap 122. infra IV. Lambert 112 113. Furthermore if a Man be bound before a Justice of the Peace to keep the Peace against all the Kings People and to appear at the next Quarter-Sessions and do afterwards procure a Supersedeas out of the Chancery testifying that he hath found Surety therâ— against all the King-People for ever this will Discharge his Appearance at the Sessions because thâ— granting of this Supersedeas is the Act of the King which is the Fountain of Justice and controlleth all other derived Authorities Fitzh 9. Dalt 169. cap. 69. Crompt 139. § 12. 2. But if that Supersedeas should testifie that he hath found Surety in the Chancery only untill a certain day which day is after those Sessions then Mr. Fitzh thinketh that his Appearance at the Sessions shall not be discharged by the Supersedeas Crompt 139. pl. 4. 10. 11. 3. In both these Cases also I would advise the Justice of Peace to send in as well the Recognizance as the Supersedeas if it come to his hands for peradventure the Recognizance was broken before the Supersedeas purchased or if it were not yet he shall be excused and the Recognizor never a whit the more endangered thereby V. Lambert 157 158. It is I know the Opinion of Marrow that the Sessions on death of that Justice that enquired of forcible Entry Br. 27. may grant restitution grounding himself upon the same equity by which the Justices of B. R. are enabled to do it howbeit it may appear Dyer 187. pl. that the Law is otherwise taken both therein and also in the granting of a Supersedeas to stay the Restitution because no Justices can do the one or the other but they only that were present at the Session when the Endictment was found except those of B. R. who for the supposed presence of the King do carry a supream Authority in these Cases of the Crown VI. Lambert 378. Yea if two Justices Quorum unus make a Precept for a Sessions of the Peace all their fellow Justices cannot discharge it by their Supersedeas but a Supersedeas out of the Chancery will discharge it saith Fitzh VII Lambert 518 519. But yet you must presuppose that all this process of Utlary may be staid by a Supersedeas 2. And F. N. B. 237. hath the Case that if an Exigent go out upon an Endictment of Trespass found before Justices of the Peace the Party may find Sureties in the Chancery Body for Body to appear at the day of the Writ and may then also have a Supersedeas thence to the Sheriff commanding him to forbear to take him and to let him go if he then have already taken him for that cause Crompt 145. pl. 10. 11. 3. And again libr. Intr. 546. you may see the Process upon such an Endictment of Trespass staid by Supersedeas Issuing from one Justice of the Peace alone and testifying that the Party came before him and found Surety de fine assidendo Crompt 145. pl. 8. Dalt 366. cap. 122. 4. But as I believe F. N. B. 237. so will I not perswade the practice of libr. Intr. 546. because I think it not in the lawfull Power of any one Justice of the Peace to Award any such Warrant but that it must be done by two Justices at the least the one being of the Quorum also as the Commission now standeth Dalt 366. cap. 122. VIII Crompt 138. pl. 10. But it seemeth that another Justice cannot Discharge Precept to the Sheriff for the Peace made by another and give another day to the Party to appear at any other Sessions than is exprest in the same Precept because one Justice hath no more Authority than another and this Warrant or Precept is a matter of Record which cannot be discharged by another Justice Crompt 122. pl. 133. IX Crompt 138 139. pl. 11. And if a Man be obliged by Recognizance before any Justice of Peace to keep the Peace against all the Kings Lieges and to appear at the next General Sessions in the same County now another Justice of Peace cannot grant a Supersedeas that he shall appear at any other Sessions and not at that Sessions to which he is obliged by Recognizance to appear because he cannot discharge that Recognizance so taken by the other Justice and the Justice is bound by 3 H. 7. 1. § 1. N 26. to certifie the Recognizance at the next Sessions and the Party shall be called thereon Fitzh 8 but Nota there is no Penalty to the Justice if he doth not certifie by the said Statute X. Crompt 144. 145. pl 1. If a Supplicavit be Awarded out of the Chancery against one to find Surety of the Peace in the County and the Party cannot travel because of infirmity or otherwise will not travel himself to the Chancery he may find Surety there to keep the Peace and shall have a Supersedeas in the County and in this Writ it shall be sent to the Justices to take Surety of the Party himself and by this means his Travel may be saved see F. N. B. 81. like matter and Dalt 168. and 169. cap. 69. 2. A Man hath a Supplicavit of the Peace out of the Chancery to bind A. B. to the Peace and to certifie the Recognizance in Chancery without delay now if A. B. be taken he shall be bound to the Peace for ever for it is not contained that he shall bind himself to keep the Peace untill a certain time but generally Crompt 242 b. therefore to prevent this A. B. before he is attacht must bind himself in the Chancery untill a certain day and shall have a Supersedeas into the County to the Justice and Sheriff to cease to compel A. B. to find Surety upon the said Writ of Supplicavit 3. A Man found Surety of the Peace in C. B. untill
Oath taken before them that his Goods Coin or Debts be not of such value which Oath the said Commissioners are Authorized to take by the Statute the said Commissioners may abate the said Assessments according as upon such Examination shall appear to them just 10. Also for Goods a Man shall be charged only in the Town where the Goods be at the time of the Assessment Quinzim Br. 4. 6. See 9 H. 4. 7. § N. 11. Also if a Man be Assessed for his Goods in D. when as he hath no Goods there and be Distrain'd for such Assessment he may have an Action of Trespass Quinzim Br. 3. 4. 9. 12. The Constables or other Officers and great part of the Parishioners upon a General warning given in the Church assembled may make such Taxations by Law 5 Co. 6. 7. Fitzh 49. The like may be done by the Church-Wardens and greater part of the Parishioners for Church Charges And if the greater part of the Parishioners will not meet upon such warning given it seems the Officers and such of the Parishioner as will meet may make such Taxations 13. Note that such Taxations being made for a Common-wealth as for the making or amending of a Bridge High-way Causey Sea or the like they shall bind all Persons although they assent not 44 Ed. 3. 18. 19. Customs Br. 6. Fitzh 49. 5 Co. 63. And so of Taxations made to repair the Church or for other common Town Charges as it seemeth where such Taxations are made by the greater part of the Parishioners as aforesaid 5 Co. 63. 67. and 21 H. 7. 20 b. pl. 8 Ed. 1. Assize 413. 14. Also when Assessments are made for the reparations of Bridges High-Ways Sea-bounds Causeys and the like it seemeth that the Sum assessed upon particular Men or Towns ought to be competent and reasonable having regard to the benefit which the Parties Assessed or charged shall and may have and enjoy by reason of the said Assessment and so reasonable as that the Parties shall or may have more Benefit than charge thereby and then such Assessments cannot be reputed Burthensome or a charge to the Subject when he shall or may reap benefit thereby 13 H. 4. 14. Patents Br. 12. and 5 Co. 63 b. 15. If a Township be Amerced and the Neighbors do by assent Assess a certain Sum upon every Inhabitant and do agree that J. S. shall gather it up and that if it be not paid such a day that J. S. shall Distrain for the same in such Case a distress taken by J. S. for such Rates behind is good Customs Br. 6. Dr. and St. 74 b. 16. And Issues Estreated upon the Parish may by order of Sessions be equally rated upon the Inhabitants and levied accordingly Libr ' Sess Pacis in Com. Middlesex Ord. 16. May 8 Car. 1. The like Order for the Inhabitants of Fulham 9 Apr. 11 Car. 1. And the like for the Inhabitants of Eling 2 Dec. 9. Car. 1. XVIII Lambert 353 354. After the Execution had for the Party Robbed against the Men of the Hundred and upon complaint made by them so charged two Justices of the Peace one being of the Quorum of the same County Inhabiting within the said Hundred or near unto it where any such Execution shall be had may Assess and Tax rateably and proportionably by their Discretions all and every the Towns Parishes Villages and Hamlets as well of the said Hundred as of the Liberties within the same towards an equal Contribution to be had for the relief of them against whom such Execution was had 27 Eliz. 13. § N. XIX Shepherds Clerks Cabinet 66 cap. 12. A Warrant for a Rate charged on the Hundred for a Robery on 27 Eliz. 13. § N. To the high Constable of the Hundred of W. in the said County of Gloc. and to all the Petty Constables and Tythingmen of the several Parishes and Tythings within the said Hundred W. S. and J. S. two of the Justices c. send greeting Gloc. ss Whereas one A. B. was of late Robbed of an Hundred pounds within the said Hundred of W. and hath thereupon sued the same Hundred of W. and hath a Judgment to recover an Hundred pounds against the same the which hath been levied of and charged upon C.D. and E. F. two of the Inhabitants of D. within the said Hundred of W. and upon their Complaint to us thereof we have according to the Act of Parliament in that Case provided for the raising of the same mony set a Rate upon the Parishes and Places within the said Hundred which Rate is hereunto subscribed and annexed These are therefore to require you the said High-Constable to give Notice thereof Testimonial see Poor Theft see Coron Thirdborough see Constable Threats see Affray Force Tilemaking see Masons Tillage see Husbandry Timber see Woods Tinkers see Poor Tin see Metal Tipling see Ale Tythes I. LAmbert 353. Two Justices of Peace the one being of the Quorum upon Complaint of any competent Judge of Tythes for any Misdemeanor of the Defendant in a Suit of Tythes may cause him to be Attached or Committed to Ward till he find Surety unto them by Recognizance to the Kings use to obey the Process and Sentence of that Judge 27 H. 8. 20. Crompt 197. pl. 22. 18 Eliz. 11. § 7. N. Crompt 200. Dalt 139. cap. 58. II. Lambert 353. And also upon Complaint in writing by an Ecclesiastical Judge Certificate Br. 31. that hath given definitive Sentence in Case of Tythes against one which wilfully refuseth to pay the Tythes or Sums of Money so adjudged two such Justices may cause the Party to be Attacht and Committed to the next Goal till he find Surety as is aforesaid to perform that Sentence 32 H. 8. 7. Crompt 197. pl. 23. Crompt 200 Dalt 140. Cap. 58. III. Lambert 404. That 27 H. 8. 20. 32 H. 8. 7. of Tythes do give to Justices of Peace a certain special or particular power in them and yet do not yield unto them any Authority to enquire upon the same IV. Crompt 155. Nor shall he be let to Bail or Mainprise who is Committed by Justices of Peace to the Goal because that he refuseth to pay his Tythe according to the Judgment given against him in the Spiritual Court by 27 H. 8. 20. 32 H. 8. 7. Tokens see Forgery Collusion Tobacco see Husbandry Merchants Three and two Justices see Justices Toll see Market-overt Taxes Transportation see Ouster le Mere. Trades see Apprentice Traverse see Pleading Treason Misprision Felony Treason LAmbert 224. And albeit the Justices of Peace may deal with all Traitors as with Persons that offend against the Peace of the King and of the Land yet not in the very point of their Offence Dalt 231. cap. 90. 2. Saving that in some they have a special power to enquire of them and to receive Indictments only 2 Inst 558. Treason Br. 5. infra Of this latter sort is the Treason of Extolling Foreign Power 1 Eliz.
super Sacrament ' suum presentant quod cum in Statut ' in Parliament ' Domini Edw. nuper Regis Angliae primi Anno Regni sui tertio tent ' editi inter caetera ordinatum existit quod nullus Rapiat neque capiat Ancillam infra aetat ' existent ' per assensum suum vel sine assensu suo neque dictam Ancillam vel aliam faeminam contra voluntatem suam si aliquis hâ—c fecerit ad sectam illius qui hoc sequitur infra 40 dies Dominus Rex sibi faciet Communem Justitiam si nullus Incipiat sectam in hac parte infra 40 dies Dominus Rex sequetur illi qui invent ' fuerint culpabiles habeant Prisonam duorum Annorum postmodum redimantur ad voluntatem Domini Regis prout in eodem Statuto plenius continetur Quidam J. B. nuper de A. in Com. predict ' Statutum predict ' minimè ponderans nec paenam in eodem content ' verens J. O. Ancillam filiam H. O. infra etat ' existent ' 40 diebus elapsis apud W. in Com. predict ' tertio die Septemb. Anno c. violenter cepit rapuit contra formam Statuti predict ' ac contra Pacem c. V. Dalt 268. 269 cap. 104. Note That a Woman Convicted of or for felonious taking of any Money Goods or Chattels above the value of 12 d. and under 10 s. or as Accessory to any such Offence the said Offence being no Burglary nor Robbery in or near the Highway nor the felonious taking of any Goods from the Person of another privily shall for the first Offence be branded in the Hand and further punished by Imprisonment or Whipping at the Discretion of the Judge or Justice before whom she shall be so Convicted 21 Jac. 6. § 1. N. 2. Workmen see Apprentice Writs see Process Yarn see Drapery Year see Days A Recital of several GENERAL and PARTICULAR HEADS of Reference A ACTION Addition See Nosm Abjuration See Oath and Coron Accessory and Abbettors Affray Assault Battery Riot Tumult Ale Apprentice Agnus Dei See Pope Appeal Approver See Coron Aliens Arrest See Imprisonment Capias Attachment Appearance Arraignment See Coron Indictment Arms Armour See War Assize See Measures Archers See Bows Shooting Assistance Aid See Force Assemblies See Conventicle Riot Averment Agait or Await See Coron Afferemy See Amerciament Forfeiture Abby Allegiance See Oath Alms-houses See Poor Apples See Fruiterers Trespass Apparel Administrators Admiral Abearing See Good-behaviour Alias dictus See Nosm Additional duty See Taxes Authority See Power Jurisdiction Adultry See Bastardy Attaindre Annum Diem Vastum See Coron Absolution see Pope Accounts and Accountant B BAttery See Affray Trespass Badger See Corn. Baker and Bread See Corn. Baylment and Mainprise Bayliff Barretors See Maintenance Peace Bastards and Bawdry Beer and Brewers See Ale Boat-men and Barges See Sewers Bows and Butts see Games Shooting Bowls See Games Brass See Mettle Bridges See Ways Buckstalls See Forrest Buggery See Coron Butchers See Cattle Bulls See Pope Butter and Cheese See Victuals Battery and Battail See Affray Trespass Blood-shed See Coron Homicide Bark See Woods and Tanners Leather Bargain and Sale See Market Overt Bears See Cattle and Games Bigamy See Marriage Breach of the Peace see Peace Burning of Houses See Fire Beggars See Poor Beads See Pope Blockwood See Drapery Bonds See Recognizance and Bail Burglary and Breaking houses See Coron Breaking of Prison See Imprisonment Bushel See Measures Baron and Fem. Books Burials See Church Bricklayers See Masons Buying of Titles See Maintenance Bankrupts Bath and Bucstone See Poor License Banishment See Ouster le mere Behaviour See good-Good-behaviour C CAlculation See Days Calves See Cattle Captains See War Cattle Certificate Certiorari Challenge See Inquest Champerty See Maintenance Chance-medly See Coron Charge See Sessions Chastisement See Apprentice Church Clergy See Coron Clerk of the Peace See Peace Clerk of the Market See Market Overt Confession See Proof Confederacy Conspiracy Cloth See Drapery Cod See Fish Coertion See Dures Commission See Justices Condition See Recognizance Conies See Cattle Forrest Conjuration Creditors See Account Constable Corn. Coron Coroner Conventicles See Religion Riot Corporal pain See Pain Judgment Country Courts See Courts Curriers See Leather Custos Rotulorum See Peace Cutting out See Trespass Cut-purses See Coron Corruption of Blood See Coron Collusion Covin Cheats Cosening Cries See Fresh-suit Castles see Wars Cause of Suspicion see Intendment Chandlers Chiding See Affray Common-Prayer See Religion Concealment See Omission Cottages See Poor Cross-bows See Games War Shooting Common Customers see Merchants Costs see Damages Chattels see Coron Forfeiture Church-Wardens Cinque-Ports Circumstances see Examination Proof Claim see Market Overt Conviction see Attainder Proof Counterfeits see Forgery Coinage see Mony Children see Infant Commitment see Imprisonment Cowpers see Trades Crows see Fowl Courts Causeys see Ways Car-men Carriers see Ways Citation see Ordinary Coin see Mony Cursing see Oaths Cheese see Victuals Coffee house see Ale Congregation see Riots Cordwainers see Leather Chimny-mony see Taxes Collectors see Account D DEer see Forrest Death see Coron Demurer see Pleading Denial of Offence see Proof Deputy see Officer Dyers see Drapery Discontinuance see Process Disturbers see Assembly Discretion see Justices Draw-latches see Coron Deceit see Collusion Damages Departure see Apprentice Divine Service see Religion Dogs see Cattle Deodand see Coron Drunkenness see Ale Doves see Fowl Drovers see Cattle Dures see Imprisonment Dignity Deeds see Inrollment Denizen see Alien Drapery Ded. potestat see Oath E ECclesiastical Persons Causes and Jurisdiction Eggs see Fowl Egyptians see Poor Endictments see Indictm Enquiry and Enquest Escape Escheator see Officer Escheats see Records Estophel see Pleading Example see Coron Examination and Evidence see Proof Execution Extortion see Fees Exaction see Fees Enterludes see Games Embezelling see War Collusion Enfant see Infant Evesdroppers see Coron Evidence and Proof Embracery see Maintenance and Enquest Extolling Forreign Power see Pope Entre see Force Encumbent see Ecclesiastical Persons Excommengement Exportation Transportation see Ouster le mere Exile see Ouster le mere Excise see Taxes Ale F FAlse Imprisonment See Imprisonment Fairs See Market Overt Felon See Coron Felo de se See Coron Fines See Amerciaments Fish and fry of Fish Forfeitures False Tokens See Collusion Forgery Fencers See Games Flesh See Cattle Dayes Fish Force Forestallers See Market Overt Fresh Suit False News See Slander Farms See Husbandy Ferrets See Forrest Feasants see Fowle Fighting See Affray Fuel See Measures Fraud See Collusion Forgery Franchises Forrest Felony See Coron Fowle Fasting See Dayes Religion Freuterers See Trades Market Overt Common Fame See Coron Featherbeds See Drapery Fullers Earth See Drapery G GAmes Goales See Imprisonment Goldsmith See Mettle Good Abearing Behavior Guns See War and Games Shooting Gally half pence See Mony Grasiers See Cattle Grey-hounds See Cattle Glass-Men See Trades Gaugeors See Measures Grain See Corn.
Admiral Mariners Ships Seamen Captains Piracy Poor Souldiers Rogues Navy I. 2 Rich. 2. 4. § 1. N. 3. The King wills and commands all Sheriffs Seamen Mayors and Bailiffs within Franchises and without That at the certification of the said Admirals or their Lieutenants by their Letters thereof viz. Of Mariners departing the King's Service after Wages received to be made testifying the said proof viz. Before them shall incontinent without tarrying make another Commandment of the King our Sovereign Lord to take and attach all Fugitive Mariners by their body within their Bailywick within Franchise and without and put them in Prison there to abide in good and sure keeping till they have made gree to the King c. 18 H. 6. 19. II. By 18 H. 6. 19. § 1. N. 2. And that the Justices of Peace shall have power to enquire of Souldiers that depart from Captains beyond Sea Justices after Wages received c. and to hear and determine the same Ships III. 5 Eliz. 5. § 27. N. 2. That 18 H. 6. 19. in all Pains Forfeitures and other things did doth and hereafter shall extend as well to all and every Mariner and Gunner taking Wages of the King c. to all intents and purposes c. War IV. Lamb. 4. cap. 4. page 422. In charge to Jury at Sessions If any Souldier entred a Souldier of Record and having taken part of the Kings Wages or any Mariner or Gunner having taken prest Wages to serve the King on the Sea have not accordingly gone to his Captain unless he were letted by notorious Sickness c. or have departed from his Captain without his License under his Seal 18 H. 6. 19. 2 3 Ed. 6. 2. § 4. N. 1. 4 5. Ph. Mar. 3. § 2. N. 1. 5 Eliz. 5. § 27. N. 2. But consider whether this entring of Record have any use now Jurisdiction V. 5 Eliz. 5. § 30. N. 1. That all Offences of Transporting Sea-fish Prices Purveyans c. done upon the main Sea or Coasts being no part of the body of any County of this Realm and without the Precinct Liberty and Jurisdiction of the Cinque-Ports and out of any Haven or Pier shall be tryed and determined before the Lord Admiral of England or his Lieutenant or Deputy according to 28 H. 8. 15. for causes of Piracy Justices VI. 5. Eliz. 5. § 30. N. 3. And for all Offences of Transporting Sea-fish Prices eating Flesh Purveyans c. as shall be done in the Land or within any Haven or Pier all Justices of Peace in their Sessions and Mayors Sheriffs and Bailiffs and other head Officers in Cities and Towns Corporate in their Sessions or other Courts within the limits of their Commissions shall have full Power and Authority to enquire of the Offenders of this Act as well by the Oaths of 12 men as otherwise by Information and thereupon to hear and determine the same War VII 5 Eliz. 5. § 43. N. 1. Provided c. and be it enacted That no Fisherman using or haunting the Sea shall be taken by the Queens Commission to serve her Highness as a Mariner on the Sea but that the said Commission be first brought by her Highness Taker or Takers to two Justices of Peace next inhabiting to the Sea-Coasts Towns or other places where the said Mariners are so to be taken to the intent the said Justices may chuse out and cause to be returned such sufficient number of able men as in the said Commission shall be contained to serve her Majesty c. Lamb. 355. Dalt 86. cap. 34. Cromp. 200. License VIII West Sym. 2. part 128. Sect. 195. An Indictment for breaking of a safe Conduct granted by King H. 6. to Merchant-strangers of Genoua see 20 H. 6. cap. 1. Cromp. J. P. 240. b. Pl. 30. Essex ss Juratores pro Domino Rege super sacramentum suum presentant quod eum illustrissimus Princeps Henricus Rex Angliae sextus post conquestum per literas suas patentes sub salvo conductu suo concessit licentiam salvum conductum suum dedit A. B. D. aliis alienigenis mercatoribus de Genoua pro eis quadam Nav ' vocat ' a Carick pro bonis rebus merchandizis suis infra eandem Navem exist ' de transitu Portus Southampton in Anglia per mare versus partes Genoua transfretand ' eadem abfque aliquibus Roberiis fractione impeditione perturbatione aut captione ipsorum alienigenorum bonorum merchand ' sine mercimoniorum suorum predict ' per aliquos ligeos dicti Dom ' Regis infra Regnum dicti Regis Angliae gaudend ' sine impeditione ibid ' quidem H. de D. in Com' E. pred' Armig ' alii fractores salvi conductus Dom ' Regis de ligeis ipsius Dom ' Regis infra Regnum Angliae exist ' ignot ' vi armis viz. Gladiis c. aliis armis tam invasinis que defensibilibus armati salvum conductum pred' minime verentes spernentes in pred' A. B. alios alienigenos ad tunc ibid ' insult ' fecerunt ipsos verberaverunt vulneraverunt male tractanerunt ipsos in Nav ' pred' tanque eorum prisonarios ad tunc ibid ' ceperunt custodierunt eos in Prisona sub custodia sua Diu ' viz. per spatium 4 dierum quousque Iidem A. B. D. alii alien igine in eadem Navi existent ' finem redemptionem pro salvo conductu deliberatione suis habend ' pro sexcent marcis cum prefat ' H. aliis predict ' fecissent detinuerunt contra salvum conductum Dom ' Regis predict ' contra form ' Stat ' in hujusmodi casu promisi ac editi contra Dignitatem Regiam ac in malum exemplum aliorum c. Agait or Await see Coron Agnus Dei see Pope Ale Liquors Wine Beer Brewers Hostler Victuallers Inholders Excise I. 9 H. 3. 25. Magna Carta One Measure of Wine Measures shall be through Our Realm and one Measure of Ale II. Cromp. J.P. 94 Nota Exchequer that Popham Ch. J. said that the Measure of Wine and Ale should be all one and that it had been so agreed by the Justices viz. according to the Standard of the Exchequer see Magna Carta 26 25 and 15. R. 2. 4. see 1 Jac. 9. Alter for Ale Dalt 148. infra 80. III. Cromp. 94 b. ibid. But note that the Ale Quart is the greater Wine because the Froth will amount to a little and Wine Froths not and therefore there shall be a nick in the top of a Wooden Can whereby the Measure shall be to which nick the Beer shall come and this was told me by Mr. Wallis Clark of the Market to Queen Eliz. 25 Jac. 1588. IV. Lamb. 3. cap. 2. pag. 349. The authority of some two Justices of Peace the one being of
the Party take it it will be safest for the two Justices to make such Certificate to the next General or Quarter-Sessions as is appointed 3 Iac. 4. § 13. N. 5. and for the Clerk of the Peace or Town-Clerk to Record it Oath XC The Laws c. 251. Abr. 268. Shall refuse to take the said Oath duly tendred to him or her 7 Iac. 6. § 26. N. 5. If the Persons Authorized to tender this Oath ask the Party whether he will take it and he saith he will not Quaere whether this be such a tender and refusal as shall make the Refuser liable to be imprisoned and proceeded against by force of this Act unless he or they who tender it have in readiness both the form of the Oath and the Book to swear on for it is to be presumed that the Act intends all requisite Circumstances ready to enable the one to minister and the other to take the Oath And 't is held by some That before there can be any such refusal of this Oath as is here intended it ought to be read or offered to be read to the Party especially if he be Illiterate or if he be not yet that at least it ought to be offered to him for himself to read it for perhaps the Party never saw or heard it And in such Case it would be against Reason that the refusal should be Penal And therefore in 9 Iac. upon the tender of this Oath at Serjeants Inn in Fleetstreet it was read by order of the Judges there XCI The Laws c. 251. Abr. 269. To the Common Goal 7 Iac. 6. § 26. N. 5. The Justices of the Court of B. R. have used to tender this Oath in Court as Justices of Peace of Middlesex and upon refusal the Party is to be Committed to the Prison of the Marshalsey which is the ordinary Prison of that Court until the next Sessions 2 Bulstrode 155. Dyer 297. XCII The Laws c. 258. 259. Or of Oyer and terminer Justices 3 Car. 1. Chap. 2. 3. § 3. N. 1. Justices of Peace cannot take an Indictment upon this Statute for no Inferior Court shall take Authority by any Statute unless it be specially named Savile 135. pl. 212. Agard and Candish And although Justices of Peace have in their Commission § 14. an express Clause ad audiend terminend ' and by that are Justices of Oyerand Terminer yet forasmuch as there is a Commission of Oyer and Terminer known distinctly by that name and the Commission of Peace is known distinctly by another name they shall not be included under the general words of Justices of Oyer and Terminer as was adjudged 3 Cr. 87. Hill 30 Eliz. B. R. in Smiths Case who was indicted at the Sessions of the Peace in the County of Oxford on 5 Eliz. 14 of forging Deeds which impowers Justices of Oyer and Terminer to enquire of hear and determine that offence and yet the Indictment before the Justices of Peace was quasht as taken Coram non Judice 9 Co. 118. 3 Inst 103. 3 Cr. 601. Wilsons case and 3 Cr. 697. Hunts Case See Justices XCIII Lambert 2. cap. 7. pag. 194. 195. Justices If any Person to whom any Agnus Dei Cross Picture Bead or such superstitious thing from the See of Rome or the Authority thereof shall be offered or delivered do disclose the Name and dwelling or Place of resort of such offerer or deliverer to any Justice of the Peace of that Shire where he to whom such offer or delivery is shall be resiant then the Justice must within 14. days next after declare the same to some one of the Kings Privy Counsel 13 Eliz. 2. § 8. N. 1. Supra Crompt 14 b. 15 a. 168 b. XCIV Lambert 225. Coron Receiving of Jesuits or Seminary Priests contrary to 27 Eliz. 2. § 4. N. 1. Supra and the refusal of Seditious Sectaries and of Popish Recusants to abjure the Realm and their return after abjuration made against 35 Eliz. 1. § 3. N. 1. 35 Eliz. 2. § 10. N. 1. are Felonies against the Body of the Commonwealth XCV Lambert 293. 294. Any one Justice of Peace of that Limit Religion Division or Liberty where the party dwelleth upon proof by Confession of the Party or Oath of Witness may call before him the Party offending in not repairing every Sunday to some Church c. according to 1 Eliz. 2. § 14. N. 1. And if he or she cannot make a sufficient excuse thereof the same Justice may give his Warrant to the Church-warden of the Parish whereby the offender dwelleth to distrain for 12d for every such default and for want of distress to imprison the Offender untill payment be made 3 Jac. 4. § 27. N. 2. XCVI Lambert 294. Before some Justice of Peace of the County Oath Liberty or Limit where the Parents of a Child sent beyond the Seas against this Act 3 Iac. 5. § 16. N. 1. did dwell such Child shall take the Oath expressed 3 Iac. 4. § 15. N. 1. And they that were beyond Seas before the making of this Act are to take the same Oath within six Months after their return being of Eighteen years of Age or more before some Justice of Peace where such Person inhabiteth or remaineth before they can take benefit of any gift Conveyance c. of any Lands Tenements c. 3. Iac. 5. § 17. N. 2. XCVII Lambert 294. Lieu. Popish Recusants indicted or Convicted and other Persons which have not repaired to some usual Church or Chappel and there heard Divine Service by the space of three Months last past dwelling or which shall dwell in any County within ten Miles of the City of London shall depart from thence according to 3 Iac. 5. § 3. N. 1. and deliver up his or her name to the next Justice of Peace in the same County upon pain of forfeiture of C l. Supra Submission XCVIIII Lambert 333. Any two Justices of Peace of the County where any of his Majesties Subjects not being a Jesuit Seminary Priest or other Priest Religious or Ecclesiastical Person c. now being or which hereafter shall be of or brought up in any Colledge of Jesuits or Seminaries shall Arive within six Months next after proclamation to be made in that behalf in the City of London under the great Seal of England may within two days next after such return receive his Submission under the Oath set forth by 27 Eliz. 2. § 5. N. 1. Infra Religion XCIX Lambert 197. If any Person above sixteen years of Age do by the space of Twelve Months forbear to repair to some Church Chappel or usual place of Common Prayer contrary to the tenor of 1 Eliz. 2. § 14. N. 1. then any Justice of Peace of the County where such offender shall dwell or be may make Certificate thereof in Writing in B. R. to the end that the offender may thereupon be bound in CC l.
prefat ' C. D. seu ipsum Imprisonand ' aut eum ea ex causa aliqualiter molestand ' omnino supersed ' si eum ex causa non alia ceperitis tunc ipsum sine dilatione deliberari facias Teste me c. XV. Crompt 234. A Supersedeas of a Capias Indictat ' and so of an Exigent by one Justice of Peace made out of Court are good for otherwise there would be a mischief for the Imprisonment and he may be Utlawed before the Sessions if one Justice of Peace cannot bind him to appear and all is but to appear to answer to the Indictment supra 2. Two Justices of Peace out of Sessions may Award a Supersedeas upon a Writ of Restitution upon 8 H. 6. 9. § N. Awarded at the general Sessions because the Indictment was insufficient in Law but without special cause they cannot c. Quaere of this last 3. It is said that one Justice of Peace cannot Award a Capias nor other Process but there must be two Justices at the least and this Sedente Curia in Sessionibus non contra Peace Br. 6. XVI Crompt 234. pl. 9. Supersedeas de Capiendo Indictat ' de Transgr ' Quia invenit plegios pro fine extrà Sessiones Dalt 367. cap. 122. Staff ss R. B. Miles Migister Rotulorum Cancellar ' Domini Regis nunc ac unus Justiciar ' dicti Domini Regis ad Pacem in Com. predict ' conservand ' necnon ad divers Felonias Transgr ' alia malefact ' in eodem Comitat ' audiend ' terminand ' assignat ' Vicecom ' Comitat ' predict ' ac omnibus singulis Ballivis Constabular ' ceterisque dicti Domini Regis Ministr ' tam infra Libertat ' quam extrà in Com. predict ' Salutem Licet nuper per Breve dicti Domini Regis vobis seu uni vestrum precept ' fuit quod caperetis seu unus vestrum caperet A. B. de S. in Com. predict ' Yeoman si invent ' fuerit in eodem ad ipsum salvo Custodiend ' Ita quod haberetis seu unus vestrum haberâ—t corpus ejus coram Custodibus Pacis ac Justiciar ' dicti Domini Regis ad Pacem in Com. predict ' necnon ad divers felon ' transgr ' alia malefact ' in eodem Comitat ' Audiend ' terminand ' assignat ' apud Staff ' Dâ—e c. ad respondend ' dict' Domino Regi de divers contempâ— ' transgr ' unde coram dictis Justiciar ' indictat ' existit ' quia modo predict ' A.B. venit coram me invenit sufficient ' plegios pro Fine suo cum dict' Domino Rege pro premissis faciend ' ideo ex parte dicti Domini Regis vobis conjunctim divisim mando quod ad Execution ' Brevis predict ' ulterius faciend ' supersedeatis omnino si ipsum A.B. ea occasione non alia ceperitis in prisona dicti Domini Regis detinueritis tunc ipsumsine dilatione ab eadem deliberari facias et habeatis seu unus vestrum habeat hoc preceptum ad Sessiones predict ' Dat. 20. die Julij Anno Regni dicti Domini nostri Jac. Dei Gratia c. XVII Crompt 134 235. pl. 11. Supersedeas de Capias pro Fine Dalt 367. cap. 122. Staff ss R. E. Miles unus Justiciar ' Domini Regis nunc ad Pacem in Com. predict ' conservand ' assignat ' Vicecom ' Com. predict ' Salutem Quia C. D. de A. in dicto Comitat ' Yeoman venit coram me invenit sufficientes manucapt ' essendi ad proxim ' generalem Sessionem Pacis in Com. predict ' tenend ' ad faciend ' finem cum dicto Domino Rege pro quibusd ' transgr ' contempt ' offensis unde indictat ' existit ideo ex parte dicti Domini Regis tibi precipio quod de capiend ' prefat ' C. D. Imprisonand ' seu ipsum ea occasione aliqualiter molestand ' omnino supersedeatis habeas ibi tunc hoc Precept ' Teste me prefat ' R. E. 10. Die Augusti Anno Regni c. XVIII Crompt 235. pl. 13. Supersedeas de Capias indictat ' de felonia c. Dalt 367. cap. 122. Staff ss T. G. Armig ' unus Justiciar ' Domini Regis nunc ad Pacem in Com. predict ' conservand ' assignat ' Vicecom ' Com. predict ' necnon omnibus singulis Ballivis Constabular ' Caeterisque dicti Domini Regis nunc Ministris tam infra Libertates quam in dicto Com. Salutem Quia A.B. de C. in Com. predict ' Husbandman venit coram me invenit sufficient ' securitatem essendi coram Justiciar ' dicti Domini Regis ad pacem in Com. predict ' conservand ' necnon ad divers felon ' transgr ' alia malefact ' in eodem Comitat ' Audiend ' terminand ' assignat ' ad proximam generalem Sessionem pacis in Com. predict ' tenend ' ad respondend ' dicto Domino Regi de divers felon ' transgr ' unde coram eis Indictat ' existit ' ideo ex parte dicti Domini Regis vobis cuilibet vestrum mando quod de Capiend ' predict ' A. B. ea ex causa supersedeatis omnino si eum ea occasione non alia Ceperitis seu Imprisonaveritis tunc ipsum sine dilatione deliberari facias Dat' 10. die Junij Anno Regni c. XIX Lamb. Precedents 24. pl. 68. A Supersedeas to stay the exigi facias upon an Indictment of Felony Dalt 368. cap. 122. Kent ss Carolus secundus Dei Gratia c. Vicecom ' Com. Kanc ' Salutem Quia A. B. de C. in dicto comitat ' tuo Yeoman Venit in curiam nostram apud M. 5. Die Julij Anno Regni c. coram H. C. Milite socijs suis Custodibus pacis nostrae necnon Justiciarijs c. ac se reddidit Prisonae nostrae occasione quarund ' feloniarum unde coram eis Indictatus est in eadem moretur sicut nobis Constat ' or thus Quia invenit nobis sufficient ' manucapt ' essendi coram prefatis Justiciarijs ad proximam Generalem Sessionem Pacis in dicto Comitat ' tenend ' ad respondend ' nobis de quibusd ' felonijs unde coram eis Indictatus Existit Ideo tibi precipimus quod de ulterius exigendo prefat ' A.B. ad aliquem Comitat ' tuum vel eum Imprisonand ' sive ipsum ea occasione molestando omnino Supersedeas Habeas ibi hoc Breve Teste prefat ' H. C. c. 2. Some other forms of Supersedeas there be in that old Book of the Justices of Peace Imprinted proceeding from one of the Justices of the Peace which I do pretermit because I see not how they be Warranted at this day XX. Crompt 337. b. pl. 20. A Supersedeas of the Peace upon a Writ of Supplicavit out of the Chancery against an Enfant
who must find Surety to be bound for him for he himself shall not be bound Moin Br. 14. Dalt 365. cap. 122. Staff ss E. L. Armiger unus Justiciar ' Dominae Reginae ad pacem in Com. predict ' conservand ' assignat ' Vicecom ' ejusdem Comitat ' ac omnibus singulis Ballivis Constabular ' ceterisque dictae Dominae Reginae Ministris tam infra libertates quam extra in Com. predict ' Salutem Sciatis quod Breve dict' Dominae Reginae recepi in haec verba reciting the Supplicavit verbatim quia predict ' J. B. C. A. coram me prefat ' E. L. personaliter comparuerunt predict ' J. B. Manucepit pro dicto C. A. qui infra aetatem 21. Annorum Existit ' in 20 l. Quas recognovit se debere dictae Dominae Reginae ac concessit de terris tenement ' Bonis Catallis suis ad opus dictae Dominae Reginae levand ' viz. quod predict ' C. A. Damnum seu Malum aliquid alicui de populo dictae Dominae Reginae de Corpore suo vel de incendio Domorum suarum non faciet nec fieri procurabit quovismodo Ideo ex parte dictae Dominae Reginae vobis cuilibet vestrunt mando quod de Arrestand ' attachiand ' dict' C. A. inveniend ' aliquam securitatem pacis per ipsum Gerend ' erga dict' Dominam Reginam cunctum populum suum seu alicui de eodem populo suo coram vobis seu aliquo vestrum iterum inveniend ' Supersedeatis seu Supersederi faciatis omnino si ipsum C. A. ea occasione non alia Ceperitis seu Capi Mandaveritis in Prisona ipsius Dominae Reginae sub Custodia vestra detinueritis tunc ipsum a Prisona illa in qua sic detinetur sine dilatione deliberari â—aciatis seu unus vestrum deliberari faciat Teste me prefat ' E. L. 20. Die Maij Anno Regni c. 35. Surety see Bail Recognizance Suspition see Coron Intendment Surplusage see Account Swans see Fowl Swearing see Oath Tales see Slander Tales see Enquest Tanners see Leather Taverns see Wine Taxes Tole Merchants Poor Ways Excise Chimney-Money Subsidies Stock Rates Assessment Ability I. LAmbert 333. If a Person that ought to be set to the Subsidy do by his craft or covin escape the Taxation and that be proved before two Justices of Peace of that County then shall he be charged at the double value of so much as he ought to have been Taxed at and shall further be punished at the discretions of the said Justices 39 Eliz. 27. § N. and divers former Acts of Subsidies Dalt 137. cap. 54. II. West Symb. 1 part Sect. 631. A Certificate for payment of Subsidymony Justice restored 51 52. We whose Names are here under written Commissioners of our Soveraign Lady the Queens Majesty amongst others within the County of W. for the Taxation levying and Collection of the second payment of the first of the two Subsidies granted to her Majesty in the Parliament holden at W. in the 31. year of her Highness Reign do signifie unto the Right Honourable the Lord Treasurer the Barons of the Exchequer and to all other her Majesties Commissioners and Officers to whom it shall appertain that A.B. of W. in the County of W. Esquire is Taxed and assessed to pay to our Soveraign Lady the Queens Majesty for the second payment of the said first Subsidy and hath paid c. after the Rate of 20 l. in Lands amongst the Inhabitants of the Parish of W. in the Hundred of c. in the said County of W. at which place the said A. B. was altogether resident with his Family at the time of the Taxation of the said Subsidy Given under our Hands and Seals the 5. day of May in the year c. III. Kilb. Precedents 107. A Mittimus for disturbing a Collector of Chimny-mony 16 Car. 2. 3 § 4. N. To the Constable and Borshoulders of the Hundred of A. and to every of them and to the Keeper of his Majesties Common Goal for the said County at M. in the County aforesaid Kent ss Forasmuch as it hath been duly proved before me that A. B. an Officer duly appointed to Receive Collect and Answer the duty arising by Fire Hearths and Stoves in this County according to an Act of Parliament Intituled An Act for Collecting the Duty arising by Hearth-mony by Officers to be appointed by his Majesty hath been violently opposed or injured in the due Execution of the said Act by C. D. These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said A. B. and him safely convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely to keep by the space of c. viz. any time not exceeding a Month next after such delivery of him unto you hereof fail not at your perils Given under my Hand and Seal the eighth day of c. IV. Kilb. Precedents 133 A Warrant to levy the forfeiture for not paying the Excise by Alehouse-keepers c. 12 Car. 2. 24. § 15. To the Constable and Borshoulders of the Hundred of A. in the said County and to every of them Kent ss Forasmuch as complaint hath been made unto us whose Names are hereunto subscribed viz. to his Majesties Justices of the Peace of the County aforesaid that A. B. of C. in the said County of K. Alehouse-keeper c. hath not paid or cleared off his duty of Excise unto such Person as by the Statute in that behalf made is appointed according to the Entry of the said A. B. in that behalf made as by the Statute aforesaid is directed and upon Examination of the complaint aforesaid we do find the same to be true These are therefore in his Majesties Name to will and require you and every of you that you some or one of you do levy the Sum of c. upon the Goods and Chattels of the said A. B. being the double value of the duty so not paid or cleard off and by him forfeited according to the form of the said Statute and to sell the said Goods and Chattels if they shall not be redeemed within 14 days and that you pay the Moneys so levyed to such Person or Persons as by the said Statute is directed rendring to the said A. B. the overplus if any be and for want of sufficient distress that you do forthwith certifie us thereof to the end we may further proceed touching the same as by Law is appointed Hereof fail not at your perils Given under our Hands and Seals the 10. day of c. V. Kilb. Precedents 134. For not paying the Excise by a Brewer on 12 Car. 2. 24. §