power or direction given by the Statute so to do But we dare not advise men so to do being unsatisfied of the lawfulness thereof But we agree it to be clear and safe that after the offender is indicted of the offence and the Bill found or after the offence found by Presentment of the grand Jury to be bound over to the next Quarter Sessions to answer it and also to put in Sureties for his good Behaviour in the mean time if the offence for which he is indicted will warrant it As if he be indicted for selling Ale contrary to the Justices order or the like So also in cases where a Law doth give a special command and power to any Justice of Peace to bind over an offender to the Sessions as the Statute of 5 Eliz. 4. touching Masters and Apprentices the Law of 23 Eliz. 10. touching Hawking in eared or codded corn 1 Ed. 6. chap. 1. 23 Eliz. chap. 10. and some others do In these cases they may bind them over before Indictment But then it is best first to send a Warrant of Summons to call in the party offender before the Justice to answer the matter and then if he appear and he see no cause to forbear to bind him over to do it And if he do not appear then he may send for him and bind him over and bind him to the good Behaviour also for his contempt For which there are Presidents prepared amongst the Presidents set down in this Book 19. Where a Statute doth give power to a Justice of Peace to compel men to do any thing in order hereunto he may send his Warrant to require them to come before him and in case of their refusal proceed in the law 20. The Justices of the Peace may send their Warrants for any thing that doth relate to a special Sessions either to compel appearance or attendance there or execution of any thing there done under their own Hands if they plâ—ase or they may let it be done by the Clerk of the Peace as the business of the Quarter-Sessions is done 21. What may be done by the Warrant of one Justice of the Peace alone may be known by the penning of the President for if it be penned to be made by one Justice as W S. c. Whereas it hath been proved before me c. then you may be sure that one Justice of Peace alone may do the thing contained in the Warrant And where two are named there in most of the cases two are necessary 22. The same President that serves upon a conviction by witness will serve upon a conviction by view or hearing For I S. being lawfully convicted before me is appliable to either and will serve to both 23. It is a good close of every Warrant sent to an Officer to require him to give an account how he hath executed it after this wise And that you be then there with this Precept to give us an account of your execution of it Or thus And that you give me an account within fourteen days next following of your execution of my Warrat 24. Where a Statute is penned thus That the Constables or Churchwardens by Warrant from a Justice of Peace shall be enabled to do an act in this case we conceive the Justice may justifie the making of that Warrant 1. Warrants and Presidents which concern the exercise of the Office of a Justice of Peace out of the General Sessions are of several sorts viz. They concern either Treasons Felonies Misprisions Praemunires forcible Entries forcible Detainers Riots Routs and unlawfull Assemblies Security of the Peace and good Behaviour or other misdemeanors or offences of several sorts 2. As concerning Treasons and Felonies upon Information made of any Treason or Felony committed any one Justice of Peace may direct his Warrant to the Sheriff or to the High-Constables or Petty Constables or to all or any of them to make search for the Traytors or Felons and also for the stolen goods A Warrant to apprehend a Traytor may be thus A B. Esquire one of his Majesties Justices of Peace within the County of E. To the Sheriff of Comitat. Essex the said County and to all High-Constables Petty-Constables and other his Majesties Officers Greeting c. Whereas M N. and S T. are vehemently suspected to have committed Treason whereof I have received Information These are therefore in His Majesties Name straitly to charge and command you and every of you upon sight hereof without any delay within your several Bailiwicks Hundreds and Constablewicks to make diligent search for the bodies of the said M N. and S T. and them or either of them so found to arrest and attach and immediately upon such arrest to bring before me at my house at D. in the said County whereof you may not fail at your peril Sealed with my Seal and dated the first day of J. in the twelfth year of the Reign of our Soveraigne Lord King Charles the Second c. The like Warrant may be made for the apprehension of Felons mutatis mutandis When any such Traytors or Felons shall be so arrested and brought before the Justice of Peace the Justice must take the Examination of the Traytors or Felons in writing but not upon Oath and must examine them upon all circumstances whereof he shall receive Information from the Accusers and upon such other circumstances as he in his own discretion shall think fit for the discovery of the Treason or Felony The form of the Examination may be thus The Examination of A B. c. taken before me C D. one of his Majesties Justices of Peace in the County of M. the first day of S. in the twelfth year of the Reign of our Soveraign Lord Charles the Second by the Grace of God King c. The said Examinate being duly examined saith c. and so set down every particular answer that the prisoner shall make to the questions that shall be demanded of him This being done the Justice of Peace must take the Examination of the Accusers and such other as can give any Evidence material against the prisoner and their Examinations must be taken in writing severally and that upon Oath The form whereof may be thus The Examination of D E. taken before me G H. Esquire one of his Majesties Justices of Peace in the County of E. the first day of M. in the twelfth year of the Reign of c. This Examinate being duly sworn upon the holy Evangelists and examined upon his Oath saith c. and so set down at large all the material circumstances that he shall declare to prove the Treason or Felony This being done the Justice of Peace must make a Mittimus to convey the prisoner to the County Gaol several forms whereof you may see towards the end of this Book A Warrant for the bringing forth of Corn in the time of dearth To the Churchwardens and Overseers of the Poor of D. and to
personal appearance at the next general Gaol delivery or Quarter Sessions to be holden for this County then and there to testifie their knowledge concerning a Felony supposed to be done by A B. now a Prisoner in the Castle of G. And that you do then go with them to the same Justice with this Warrant And hereof c. Or thus W S. c. You are hereby required forthwith to warn the persons undernamed of your Parish to be before me at my dwelling house in D. upon Monday next by nine a clock in the morning to testifie their knowledge concerning certain felonious acts supposed to be done by A B. and C D. of c. And that your self be then there with this Warrant to shew how you have executed it And hereof c. Observations here We have seen a President in this form for this purpose That you cause to come before me the persons undernamed to â—estifie c. which we cannot but disallow for it's ambiguity For how shall he cause him to come Besides the word seems to import that he shall bring him in the nature of a prisoner which is not lawfull to do in this case To all Constables and other his Majesties Officers as well within the County of Gloucest as elsewhere in the Kingdome of England 6 Glouc. ss To command hue and cry W S. c. Whereas complaint hath been made unto me by L M. of c. Husbandman That upon Tuesday at night last being the tenth day of this instant November he was robbed of certain Linnen taken out of his house with some other things and that he hath manifest cause of suspicion of one N K. a lewd rogue here describe his personage and apparel These are therefore to require you and every of you to make search within your several Precincts for the said N K. and also to make Hue and Cry after him from Town to Town and from County to County and that as well by Horsemen as Footmen And if you shall find him the said N K. that then you carry him before some one of the Justices of the Peace within the County where he shall be taken by him to be dealt withal according to Law c. And hereof c. To all Constables and Tythingmen of the Parishes and Tythings within the County of Gloucest and every of them c. 7 Glouc. ss To apprehend one that hath dangerously hurt another W S. c. Forasmuch as I am credibly informed that I B. of your Town Blacksmith hath now lately dangerously hurt one T G. of your said Town Husbandman by a blow which he hath given the said T G. on the face and another on the back so as the said T G. is in dangeâ— of death thereby These are therefore straitly to charge and command you that immediately upon the sight hereof you or one of you do bring the said I B. before me or some other of his Majesties Justices of the Peace of this County to find sufficient sureties as well for his appearance before the Justices at the next Gaol-delivery to be holden for this County then and there to answer unto the premises and to do and receive therefore that which by the Court shall be enjoyned him as also that he the said I B. shall in the mean time keep the Peace towards our Soveraign Lord the King and all his Liege people but especially towards the said T G. And hereof fail you not at your peril Dated c. In some cases where any Statute doth give power to the Justices of Peace out of their Sessions to hear and determine either upon the confession of the offenders or upon examination of witnesses in all such cases it seemeth the Justices of Peace may grant out their Warrants against such offenders to appear before them to answer to their offences and thereupon may proceed to examine hear and determine the offence as being convict thereof upon such confession or examination without any indictment or process But where process are requisite they may be as followeth First if the offender be absent a Venire facias shall be awarded by the Justice or Justices of Peace under his or their own Tests and if thereupon the offender be returned sufficient and maketh default then a Distringas must be awarded which Distringas shall go forth infinite till the offender come in But if a Nihil habet c. be at the first returned then after the Venire facias first a Capias then an alias and after a pluries shall issue and after that an Exigent till the party be taken or yield himself or else be outlawed And these are the ordinary Process upon all Indictments of Trespass against the Peace or of other offences against penal Statutes not being Felonies or greater But these several Processes are usually grounded upon an Indictment to cause the offender to come in and to make his answer and therefore if he be present and confess such indictment information or offence then needeth no process for he must be committed to prison until he hath paid his Fine or given Sureties for it And these Process must be directed to the Sheriff except he be party and if so to the Coroners of the County and must be in the Kings Name and with a Non omittas but the Teste thereof may be under the Name of the Justice of Peace The form of these Process out of Sessions you may see in the Treatises of Justices of Peace at large Nevertheless all such process as well of Capias c. as of Outlary may be stayed by a Supersedeas issuing from other Justices of Peace out of Sessions testifying that the party hath come before them and hath found Sureties for his appearance to answer to the Indictment or to pay his Fine c. CHAP. V. About a Riot and forcible Entry The Record of a force found by the Justices own view 1 Glouc. ss MEmorand That the first day of March I S. complained to me W S. one of the Justices of Peace of our Soveraign Lord the King for the County of Gloucest that I D. of S. in the said County Yeoman and divers others unknown persons troublers of the Peace of the Kingdome the first day of May into the dwelling house of the said I S. in Dale in the said County with strong hand did enter and him the said I S. thereof disseised and the same house with strong hand and armed power doth yet detain and hold and therefore desired of me relief on this behalf to be yielded Whereupon I the said W S. immediately in person came to the said dwelling house to view the same And in the same house I then found the said I D. E F. of c. and G H. c. the same house with force and arms a strong hand and armed power to wit with Bows and Arrows Swords and Daggers Guns and other Arms defensive and offensive holding against
of I K. of your Parish or robbed his Orchard of Apples or cut his Hedges Pales or Fences or digged and pulled up his Fruit-trees or cut and spoiled his Trees and standing wood in Dale aforesaid to the value of ten shillings and that I B. of your said Town Butcher hath procured and abetted him so to do and received from him and bought of him divers of the same things to the great damage of the said I K. contrary to the Act of Parliament in that case provided I do therefore hereby require and order that the said I S. This is grounded upon 43 Eliz. chap. 4. shall within eight days after notice to him given of this Order pay to the said I K. ten shillings and that the said I B. do within three days after notice to him given of this Order pay to the said I K. twenty shillings in recompence to him for his wrongs aforesaid And that these payments be made in the presence of the said Constable hereby commanded upon request to see it done And hereof you are forthwith to give them notice and if either of them shall not pay the same that then you give me notice thereof to the end that they may be whipped according to the Statute in that case provided And hereof c. Dated at D. c. We think it not safe to give a Warrant to the Constable for non-payment to whip for how shall the Constable take conusance of it or the offender be convicted of it But rather let the Justice give his Warrant at first to whip him after this manner 3 Glouc. ss W S. c. as in the last to those words in that case provided Wherefore the premises considered and that I judge the said offenders I S. and I B. unable to make satisfaction for the said wrong I do hereby order that they be forthwith committed to you the said Constable of Dale to be whipped the which you are hereby required forthwith to do at your peril Given at L. in the said County under c. The Officer is here to be punished by imprisonment for his neglect if he do it not But how he shall be convicted of the offence out of a Sessions and by Indictment we know not any way and therefore offer no Presidents of Warrants for this 4 Glouc. ss For unlawfull weights and measures W S. Esquire c. To the Churchwardens and Overseers of the Poor within the Parish of D. in the County of G. and to every of them I S. of your Parish of D. being lawfully convicted before me for selling by unlawfull weights or unlawfull measures and that he the first day of May last at Dale aforesaid sold a pound of Currants Either of them wâ—ll serve by a pound weight or for selling a yard of Holland by a yard not being according to the Standard of the Exchequer contrary to the Act Grounded upon 16 Car. 19. of Parliament in that case provided whereby he hath forfeited to the use of the Poor of your Parish five shilling to be levied by the Churchwardens and Overseers of the Poor The Church-wardens and Overseers are to do it without Warrant These are therefore to give you notice hereof and that you and every of you are by your Office forthwith to levie the same five shillings of the goods of the said I S. by distress and sale thereof rendring to him the overplus And in case you do receive the same money that you do imploy it to the use of your Poor and give account thereof in the end of your year accordingly And hereof c. Another Either of them is sufficient W S. c. To c. I S. c. being lawfully convicted before me that he such a time and place did keep in his house or shop a pound weight whereby he did usually buy and sell or for keeping a yard-measure whereby he did usually buy and sell the same not being according to the Standard of the Exchequer c. We know no other Warrant touching this matter to be made by the Justices of the Peace out of their Sessions of the Peace For shooting in Guns If any man desire to put the Laws in execution against any man for shooting in a Gun he may see the form of the Warrant and course of proceeding in Daltons Just of Peace Chap. 126. CHAP. XX. Of Recognisances and Bail and Mainprise 1. Recognisance what it is A Recognisance is a Bond of Record testifying that the Recognisor doth owe a certain sum of money to our Soveraign Lord the King with Condition that the Recognisor shall do some other thing for the which he is bound in that sum in the nature of a penalty Wherein these things are to be known 1. Justices of the Peace do take Recognisances for the Peace good Behaviour to bind men to appear at the Assizes at the Sessions and for many other causes And for this any one Justice may do it But to Bail a Prisoner for Felony take a Recognisance of an Ale-house-keeper and de some other things there must be two Justices to do it and one alone cannot do it 2. What sum the parties shall be bound in or what Sureties the Recognisor shall have to be bound with him it is left to the discretion of the Justice or Justices that doth take the Recognisance in cases where the Law doth not set down the certainty as in some cases it doth and there they must not vary from what is prescribed in the persons bound sum or manner of the Recognisance But for the Peace and good Behaviour appearance at the Assizes and Sessions to give Evidence and the like the Justice may bind with what Sureties and in what sums he pleaseth 3. It is said that Justices of Peace cannot bind over an offender against a penal Law within their conusance not within the Commission of the Peace nor committed to the power of any Justice of Peace except it be in a special case where the Law it self doth enable them to do it 4. All such Recognisances must be made to our Soveraign Lord the King himself and to none other and in his own name 5. The Justice of Peace need nâ—t affix his Seal to the Recognisance but he must put his Name to it and then it is good enough Of Bail and Mainprise Bailment what it is BAilment or Mainprise which is one kind of Recognisance is the saving or delivering of a man out of prison before that he hath satisfied the Law by taking Surety of him that he shall appear and do it Wherein these things are to be known 1. The Justice of Peace must not bail one that is not bailable by Law And on the other side he must bail him that is bailable by Law or he may be punished 2. In case of Felony there must be two Justices of Peace and they two together present with the Felon to bail him 3.
by the Law he ought to have done whereby he hath forfeited ten shillings to the use of the Poor of the said Parish or to the use of the Bridewel of the County at our election These are therefore to require you to levie the same ten shillings of the goods of the said I S. by distress and sale thereof and to pay over the same money so by you levied to the Overseers of the Poor of the said Parish of Dale to be imployed to the use of the Poor there And hereof c. Given under our Hands and Seals c. To the High Constable of the Hundred of W. in the County of G. 5 Glouc. ss So â—s this W S. c. It being duly proved before us against I S. the Constable of Dale that he hath been negligent in his Office in the correction and convey of Rogues and Vagrants and that upon the first day of May last past one I S. a vagrant idle person being taken begging in Dale aforesaid and brought and offered to him to be punished he did not correct and pass him as by Law he ought to have done but did willingly suffer him to escape unpunished whereby he hath forfeited c. as in the last to the use as in the last to the end Given under our Hands and Seals To the High Constable c. as in the last 6 Glouc. ss Either of these are sufficient This is grounded on 39 Eliz. 4. W S. c. It being duly proved before us against I S. Constable of Dale that he hath been negligent in his Office in the correction and punishment of Rogues and Vagrants And that the first day of May now last past he sent one W K. a Rogue to be conveyed to the place of his birth by a general and illegal Pass or that one I K. a Rogue being passed according to the Law and tendred to him he did willingly refuse to receive him and did suffer him to escape or shift him away or did not pass him to the next Parish according to the Statute in that case provided by which he hath forfeited five pounds to the use of c. as in the last These are as in the last and to bind him to the good Behaviour Given under our Hands and Seals c. 5 Glouc. ss The like may be made against the Church-wardens and Overseers of the Poor for refusing to take one duly sent unto them thus That whereas one I W. a poor person was by a Sessions order sent to be setled in your Town and received there by the Churchwardens and Overseers of the Poor there I S. c. being then Overseers and tendred to them accordingly they wilfully refused To the Constables of Dale in the County of G. 6 Glouc. ss Upon 1 Jac. 7. It being duly proved before us that I S. of your Parish the first day of May now last past did entertain an unknown person a vagrant begging person at his doors and did not bring him to the Constable of the Parish as he ought to have done but gave him an Alms by which he hath forfeited ten shillings to the use of c. as in the last Given under our Hands and Seals To the Constable of Dale in the c. 7 Glouc. ss Upon 1 Jac. 7. It being duly proved before us against I S. of your Parish that one K L. a vagrant Rogue being apprehended corrected and duly sent to your Parish and delivered to the said F B. the Constable of the said Parish the said I S. did rescue and shift him out of the Constables hands whereby he escaped by which the said I S. hath forfeited c. as in the last Given under our Hands and Seals To the Constables of Dale 8 Glou. ss It being proved before us against I S. of your Parish and M. his Wife that they being able to work do threaten to run away out of the Parish and leave their Family to the Parish These are therefore to require you that unless they shall forthwith put in sufficient Sureties for the discharge of your Parish that you do forthwith apprehend the said I S. and M. his Wife and them to carry to the common Bridewel of the County in G. there to be dealt with and detained as sturdy and wandring Rogues until they shall be discharged by order of Law c. Given under our Hands and Seals All these eight Warrants but the fifth must be made by two of the Justices of the Peace and one of the Quorum and under their Hands and Seals 9 Glou. ss W S. c. To the Constables of Dale I S. of your Parish having left his Family on the Parish and being run away from them and being by you brought before me for an incorrigible rogue These are to require you to keep him safe till by order of two Justices of the Peace he shall be delivered Upon 7 Jac. 4. I am not satisfied in the safe granting of this Warrant because there is no way of conviction of the offence set down in the Statute on which it is grounded But for an incorrigible Rogue taken and brought before a Justice of Peace by a Constable in this case I take it warrantable Thus. 10 Glou. ss W S. and T S. c. To the Constable of Dale Forasmuch as I S. of your Parish being brought by you before me for an incorrigible Rogue was by me committed to you to be secured till by order of two Justices of Peace you were delivered of him These are now to require you him to convey to the common Bridewel and there to deliver him to c. there to remain till the next Quarter Sessions and till he shall be delivered by order of Law Given under our Hands and Seals Observations upon these Warrants In case where any are brought as Rogues or incorrigible Rogues to a Justice of Peace by an Officer as such as will not work or run from their Famâ—lies or have a Bastard Child like to charge the Parish or the like In these cases it seems the Justice may send them to Bridewel or to Gaol as the Law is There be noâ—â—ays of conviction set down by these Statutes for the Constable doth first apprehend and he must see that he have good cause to do it But I should choose rather to put them to find Sureties for their good Behaviour and send them to Gaol upon this account 11 Glou. ss It having been duly proved before me that I S. late of c. being an idle wandring person hath counterfeited a false Testimonial under the name of W S. supposing him to be a Souldier landed at Dover and that he was allowed to travel to the place of his birth c. whereas in truth he never was a Souldier neither did he land at Dover nor was he allowed to travel c. These are c. to bind him to the good Behaviour Or
The Sureties and the Sum are in his discretion but if it be in case of Felony he must see he take good Sureties for the Prisoners appearance and bind him in a good sum to do it or he may be fined for his neglect herein If any Law appoint what the Sureties and what the Sum shall be that the party bailed must give that must be pursued 4. If the Justices shall at any time judge the Sureties insufficient they may compel the party bailed to put him in better Sureties or commit him to Gaol for lack of Bail 5. It is said That if the Sureties doubt the Prisoner that he will run away and not appear that they may take him and carry him to the Justice and desire to be discharged and that the Justice must discharge them and that the principal is then to be committed till he put in new Sureties The Forms of Recognisances 3 Glouc. ss Md. That the first day of May I S. of D. in the County of G. Yeoman came before me W S. Esquire one of the Justices of the Peace of the County of G. at K. in the same County and acknowledged himself by way of Recognisance to owe unto our Lord the King and his Successors twenty pounds of lawfull English money to be levied of his lands and tenements goods and chattels to the use of our said Lord the King and his Successors if he fail in the Condition indorsed If there be more then one to be bound then it is thus Md That the first day of May I S. of c. C D. of c. and E F. of c. all three of them came before me and acknowledged themselves severally to owe our Lord the King and his Successors ten poundâ— a piece to be levied c. if I S. fail in the Condition indorsed Another of the same 4 Glou. ss Md. That I S. of c. G D. of c. and E F. of c. the first day of May c. came before us W S. and L S. two of the Justices of the Peace within the County of G. And the said I S. did assume for himself in the sum of twenty pounds of lawfull money of England to our Lord the King And the said C D. and E F. became bound for the said I S. either of them in the sum of ten pounds a piece of like lawfull money to our said Lord the King to be levied of their lands and tenements goods and chattels by way of Recognisance under the condition following viz. Another of the same 5 Glouc. ss Md As in the former which several sums of money every of them hath acknowledged to owe to our Lord the King and his Successors if the said I S. shall make default in the Condition following viz. Another of the same 6 Glouc. ss Md. That the first day of May c. at Dale in this County I S. of c. C D. of c. and E F. of c. came before us W S. c. two of the Justices c. and did undertake for L M. of c. each of them under the pain of twenty pound a piece of lawfull English money And the said L M. did then and there assume for himself in pain of forty pounds of like lawfull money and all of them to our Lord the King and his Successors to be levied of their lands and tenements goods and chattels by way of Recognisance to the use of our Lord the King if the said L M. shall fail in the Condition hereafter following viz. If the party to be bound be within age or a Woman married then he or she must be bound by others after this manner as in the last leaving out the last clause And the said L M. c. And by these all other Recognisances may be made for they are after one form and the difference is in the Conditions which do now follow It is best to make them in Parchment and yet being in Paper they are good enough in Law If the Condition be on the back of the Parchment or Paper wherein the Recognisance is as it must be to the two first Presidents abovesaid that conclude if he fail in the Condition aforesaid Then it must be thus 7. To prefer a Bill of Indictment The Condition of the Recognisance within written is such that if the within bounden I S. shall at the next general Gaol-delivery to be holden in the County of Gloucest prefer or cause to be preferred one Bill of Indictment against one A B. late of G. in the said County of Gloucest Labourer now a Prisoner in the Castle of Glouc. for the felonious taking of twenty sheep of the goods of the said I S. or for the felonious killing of T S. and shall also then and there give the best evidence he can concerning the same as well to the Grand Jury that shall then make enquiry of the Felony as also to them that shall pass upon the Trial of the said A B. and not depart without license of the Court That then the same Recognisance shall be void Or thus The Condition c. That if the said I S. shall personally appear at the next general Gaol-delivery to be holden for the County of Glouc. before the Lords the Justices of Assize and Gaol-delivery and shall then and there prefer c. as in the last 8. To give in evidence The Condition of the Recognisance within written is that if the within bounden I S. do and shall personally appear at the next general Gaol-delivery to be holden in the County of G. before the Judges there or at the general Sessions of the Peace to be held for the County of G. as the case is before the Justices of the Peace there and then and there pursue and give the best evidence he can against one A B. late of C. in the said County Labourer now a prisoner in the Castle for the felonious taking away of a Mare of the goods of the said I S. and not depart without license of the Court That then c. Or thus That if the within bounden I S. shall personally appear before the Justices of the Peace of the County of Glouc. at the next Quarter Sessions in the County aforesaid to be holden then and there to inform the Court against one A B. of c. now a prisoner in the Castle and not depart without license of the Court That then c. 9. To appear to answer a Felony upon a Bail The Condition of this Recognisance is such that if the within bounden I S. shall make his personal appearance before the Justices of the Peace of the County of Glouc. at the next general Sessions of Peace to be holden for the same County then and there to make answer to our Lord the King for and concerning the suspicion of stealing certain corn That then c. Another of the same and to keep the Peace
appeared before me the said W S. and the said C D. and E F. have undertaken for the said A B. who is within the age of 21 years to wit either of the said manucaptors in twenty pounds a piece which each of them have acknowledged to owe to our said Lord the King by way of Recognisance to be levied on their lands and tenements goods and chattels to the use of our said Lord the King to wit that the said A B. no damage or ill shall do or procure to be done to any of the people of this Commonwealth in their bodies or burning of their houses and especially to T R. Therefore I require you and every of you to forbear c. as in the rest This may also be to stay proceedings of Arrest or Imprisonment against a man upon good Behaviour or upon a Capias upon an Indictment for Trespass or the like thus 5 Glouc. ss W S. To c. Forasmuch as I S. of c. came before me this first day of c. at Dale in this County and hath found sufficient Manucaptors to be at the next General Sessions of the Peace to be held in this County before the Justices of the Peace there to answer to our Lord the King of certain trespasses contempts and offences whereof he is indicted Therefore I command you c. as in the rest CHAP. XXIII Of a Liberate 1 Glouc. ss W S. c. To the Keeper of the Gaol in the Castle of Gloucest Forasmuch as I S. of c. hath before us found sufficient mainprise to appear before the Justices of the Gaol-delivery at the next general Gaol-delivery to be holden in the said County there to answer the things that shall be objected against him touching the felonious stealing of two sheep for the suspicion whereof he was committed to your Gaol These are to require you in case he be there detained in prison for this and no other cause that you forthwith deliver him and let him go at large Given under our Hands c. 2 Glouc. ss W S. c. To the Keeper c. I S. being by me committed to your custody in your Gaol till he put in sureties for the peace or good behaviour as the case is These are c. as in the last Observations on this If one Justice of his own head commit a man to Gaol or Bridewel he may again deliver him and he need not shew the cause or if it be for the peace or good behaviour to tell the Keeper that he hath taken Sureties we think it safe for a Keeper to have this from a Justice always when he delivers his prisoner By these other Liberates may be made Of a Release I have seen a Release of the Peace by a Justice of Peace that took it and Presidents of Releases of the Peace and good Behaviour but I understand not of what use they are for the party must appear onely the Release of the Peace c. is an evidence that the Prosecutor is not afraid of him and therefore the Court will not probably continue him bound CHAP. XXIV Of a License and Testimonial 1 Glouc. ss To sell Ale W S. and I S. Two of the Justices c. Know all men by these presents That we do hereby license I M. of c. to keep a common Ale-house in L. aforesaid in the house there where he now dwelleth for one whole year next ensuing the date hereof so that he do not during that time suffer any unlawfull Games to be used nor any evil rule or disorder to be done in the same house Dated c. So to brew and sell Beer and keep a common Alehouse c. 2 Glouc. ss To travel on the Lords day W S. c. To all c. I S. of c. where he now liveth having informed me that he had a Father living at D. in the County of S. where he lieth now very sick and he hath a desire to visit him Now know ye that for this cause I do hereby license him to travel upon the next Lords day the direct way to him willing and requiring you not to molest him for the same so he behave himself orderly in his travel Dated c. 3 Glouc. ss Describe him To convey a Rogue I S. a sturdy vagrant beggar of low personage red haired c. and about twenty years was this first day of May openly whipped at W. in the said County according to the Law for a wandring Rogue and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straight way to P. in the County of W. where as he confesseth he was born or dwelled last for one whole year if the case be so and he is limited to be at P. aforesaid within ten days now next ensuing at his peril Given at W. under the Hands and Seals of W S. Esquire one of c. and I D. the Constable of W. aforesaid 4 Glou. ss For one that hath suffered shipwrack c. Soldier c. W S. c. one c. To all Constables Tythingmen c. Forasmuch as I am credibly informed that I S. the bearer hereof of low personage c. hath been at Sea and there the first day of May last suffered ship-wrack and hath not wherewith to relieve himself in his travel to the place of his birth or last dwelling These are to desire you to suffer him to pass the next way to the said place where he is limited to be within forty days next after the date hereof and not to trouble but rather to relieve him The like may be for a poor Souldier 5 Glouc. ss To travel W S. and I S. two of the Justices c. To all c. The bearer hereof I S. of c. having shew the cause of his travel desired our Testimonial or License for his safe travel to the City of B. shew whither he is to go wherefore we as much as is in us do license him to travel the direct way from H. in the County of G. to the said City so as his journey be not continued longer then twenty days next after the date hereof and pray you to suffer him to pass in peace so as he demean himself orderly And by these a Testimonial may be made for other things as for a Labourer in Harvest-time to go into another Countrey to work or a Servant departing at the end of his year CHAP. XXV Of a Certificate A Certificate of the Presentment or Verdict of the Jury may be made into the Kings Bench the like may be made of the Record of a Force viewed by the Justice These Certificates and the like may be made by the Justice of Peace by way of a Letter inclosing therein the Presentment of the Jury or the Record of the Justice except the same be removed by Certiorari the forms whereof see in the end of