Aedes Christi in Academia Oxoniensi WE do Allow the Printing and Publishing of this Book Intituled An Assistance to Justices of the Peace for the Easier Performance of their Duty By Jos Keble of Grays Inn Esq Fr. Pemberton Fra. North. W. Mountagu Hugh Wyndham Tho. Jones W. Dolbin Tho. Raymond Edw. Atkins VV. Gregory J. Charlton Creswell Levinz T. Street AN ASSISTANCE TO Justices of the Peace FOR THE EASIER PERFORMANCE OF THEIR DUTY By JOS. KEBLE of Grays Inn Esq LONDON Printed by W. Rawlins S. Roycroft and H. Sawbridge Assigns of Richard and Edward Atkins Esq For Samuel Keble at the Turks Head over against Fetter Lane End in Fleet-street MDCLXXXIII TO THE READER Reader GOOD and Lawfull men was the Character of those first assigned to Keep the Peace in every County 1 Ed. 3. c. 16. and by 4 Ed. 3. c. 2. § 1. N. 3. And to this day that Phrase doth most properly shew the Intendment of this Commission was either to find or to make men such for before this time Sheriffs and Leets and other particular Franchices had so divided this Jurisdiction that it is a hard Question Whether it were more difficult to procure a Beneficial Law of Publick Good to be made or to be put in Execution neither of which could then be done without much Self-denyal wherefore they who say the former days were better than these have doubtless not rightly considered this matter for as uncertain as our Laws yet seem to be I have not yet read of any more certain tho I have used some endeavours of Comparison Chiefly with the Roman Civil Laws whereof in such as are of General Reason different from ours as in Villinage Bastardy Discents Tenures Customes Aprentices Judicatures Marriage Stews and many other particulars they are our Legislators have ever preferred the Reason of our own Laws before them and indeed they are in the main point of Government rather Flatterers of Power than Maintainers of Justice Whereas ours have ever been Intent upon Publick Good as appears in many particular Laws for the due preservation of the Peace the Management and Care whereof is placed in such men in every County that may be able to hinder the Oppressions of the Great and the Insurrections and Disturbances of the Poor almost Habitually practised before this Statute for whose Service I have endeavoured this present Assistance Wherein First are placed such Clauses of the last Edition of the Statutes in Paragraphs or Sections and Numbers that give to the Justices any express power to Act some of which alone are only mentioned in the end of Lambert and the last Edition of Dalton but here fully So that the Justice need only look the Statute Book to see whether it be in Force or not But the nature and limits of his Power appears in each Clause and is generally pointed to in a Marginal Note of the Matter whereby Justices may soon discern the Circumspection of their Duty and what it is that is required of them with the manner of it After which Foundation laid it will be necessary 2. To consider the Nature and Extent of their Commission wherein there will some difficulties arise as well from the Commands of Superiours as from the Irregular Motions of Inferiours and therefore for the better understanding of this Commission in tit Justices I have divided that also by Paragraphs or Sections and Numbers for easier Intendment of or reference to any part of it the due consideration whereof will something facilitate the work whether in Sessions or out of Sessions And Thirdly that doubts about particular matters may at least be lessened if not resolved I have added such Heads of Common Place as seemed convenient wherein the former Treatices about Justices of Peace are mostly reduced to the proper Authors or at least the Statutes they mention only in General are more particularly Cited whereby any Justice of Peace may by help of a Statute Book be able to make a much readier Judgment than before and he that desires fuller satisfaction must take more pains to search the Tables Abridgements and other Books of Law not so fit here to be inserted for I have only aimed at what more immediately refers to Keeping of the Peace not at the particular nature and Extent of the Head or Common Place it self and in each Citation Clause and Reference I have added in the Margent a Notice or Head of the matter thereof and this being but as a Table or Common Place it self I think needs no other Table to it And therefore in the Fourth Place I have only made a Recapitulation or Recital of the lesser and larger Heads as they refer each to other or rather as they may be referred each to other And in the last place I have acquainted you with the manner of my Quotations which are thus Lambt Lamberts Irenarcha Crompt J. P. Crompton's Justice of Peace Crompt J. Cromptons Jurisdiction Dalt Daltons Office of Justice Edit 1630. Boult Boultons Justice of Peace of Ireland Lambt Precedts Lamberts Precedents Lambt Const Lamberts Office and Duty of a Constable The Laws c. The Laws c. against Jesuits Recusants c. By Mr. Cawley Abr. The Abridgement thereof placito 1. Pract. Preced The practick part of the Office of a Justice Anonym Kilb. Kilbourns Precedents West Symb. Wests Symboleography or Precedents Poult Poulton de Pace Regis Regni Stanff Stanffords Pleas of the Crown In the rest there will not be much difficulty and therefore I thus leave it to your Perusal and Censure Grays Inn Nov. 15. 1682. Jos Keble A TABLE FOR THE Ready finding the PRESIDENTS contained in Keble's Justice of Peace * Note that such Presidents as are not under their proper Heads may be found under the Titles Indictments Warrants and Mittimus Alehouse-keepers REcognizance for keeping good rule in Alehouses c. Page 151 152 License to sell Ale Page 159 to keep an Alehouse Page 160 to Brew and keep an Alehouse Page 160 Warrant to Convent all Victuallers c. to put in Sureties for observing Fish-days ibid. for Alehouse-keepers to renew their Recognizances Page 161 for the suppressing an Alehouse ibid. to levy money forfeited by Alehouse-haunters ib. to levy the Forfeiture for not selling a Quart of the best Beer for a penny Page 162 for one who keepeth an Alehouse without License ibid. for an Inn-keeper c. selling under measure ib. to levy the Forfeiture for not paying the Excise Page 683 Mittimus to send to the Gaol an Alehouse-keeper who Victuall contrary to Commandment Page 162 Warrant to levy the penalty for being Drunk Page 163 Indictment for keeping an Alehouse c. Page 163 for selling Ale in Kilderkins Page 164 for keeping an Alehouse or Victualling-house Page 164 against a Tipler on 33 Hen. 8. 9. for keeping a Bowling-Alley Page 165 of Misrule Page 165 of Disorders ibid. for keeping a disorderly Alehouse ibid. against a common Drunkard ibid. Apprentices Servants Labourers
Statute shall be indicted tryed and proceeded against by and before the Iustices of Assize and Goal-delivery of that County for the time being or before the Iustices of the Court of Kings Bench c. § 27. N. 1. And be it further Enacted that if any Subject of this Realm Religion c. shall not resort or repair every Sunday to some Church Chappel or some other usual Place appointed for Common-Prayer and there hear Divine Service according to the Statute c. viz. 1 Eliz. Cap. 2. § 14. N. 1. that then it shall and may be lawful to and for any one Iustice of Peace of that Limit Division and Liberty wherein the said Party shall dwell upon proof unto him made of such Default by Confession of the Party or Oath of Witnesses to call the Party before him § 27. N. 2. And if he or she shall not make a sufficient Excuse and due proof thereof to the satisfaction of the said Iustice of Peace Proof that it shall be lawful for the said Iustice of Peace to give Warrant to the said Church-warden of the said Parish wherein the Party shall dwell under his Hand and Seal to levy 12 d. for every such Default by distress and sale of the Goods of every such Offender c. § 27. N. 3. And that in default of such distress Justices it shall and may be lawful for the said Iustice of Peace to commit every such Offender to some Prison within the said Shire Division Limit or Liberty wherein such Offender shall be inhabiting until payment be made of the said sum or sums so to be forfeited § 36. N. 2. And all Offences other than Treason shall be inquired Offence heard and determined before the Iustices of Peace in their general or Quarter Sessions to be holden within the Shire Division Limit or Liberty wherein such Offence shall happen C 〈…〉 § 1. N. 5. And such person so discovering the same viz. any Recusant Pope or other which shall entertain or relieve any Jesuit Seminary Popish Priest or any Mass to any Justice of Peace after Conviction of the Offender shall have a Certificate from the Iudges or Iustices of Peace before whom such Conviction shall happen to be directed to the Sheriff or other Officer of the same County Limit or Place that shall seise the Goods or levy the said Forfeiture commanding the said Sheriff or other Officer to pay the same viz. Fifty Pounds to him that so discovered the same out of the monies to be levyed by vertue of the said Forfeitures c. Licence And if any of the persons which are so confined viz. Popish Recusants c. shall have necessary occasion or business to go and travail out of the compass of the said five Miles that then and in every such Case § 7. N 2. upon Licence in Writing in that behalf to be gotten under the Hands and Seals of four of the Iustices of Peace of the sane County Limit Division or Place next adjoyning to the Place of abode of such Recusant with the Privity and Assent in Writing of the Bishop of the Diocess or of the Lieutenant or of any Deputy Lieutenant of the same County residing within the said County or Liberty under their Hands and Seals Oath It shall and may thereupon be lawful for every such person so licenced § 7. N. 4. to go and travail about such their necessary business and for such time only for their travailing attending and returning as shall be comprized in the said Licence the said Party so licenced first taking his Corporal Oath before the said four Iustices of Peace or any of them who shall have Authority by vertue of this Act to punish the same that he hath truly informed them of the cause of his Iourny and that he shall not make any causeless stays Ouster le mere Be it further Enacted § 17. N. 2. c. that if any of the said persons viz. Popish Recusants no Merchants Factors Apprentices Souldiers nor Mariners so gone beyond the Seas without Licence which are not yet returned shall not within six Months next after their return into this Realm then being of the Age of eighteen years or more take the Oath c. viz. of Allegiance before some Iustice of Peace of the County Liberty or Limit where such person shall inhabit or remain that then every such Offender shall take no Benefit by any Gift Conveyance Discent Devise or otherwise of or to any Lands Tenements Hereditaments Goods or Chattels until he or they being of the said Age of eighteen years or above take the said Oath Justices And that it shall be lawful for any two Iustices of Peace within the Limits of their Iurisdiction or Authority and to all Mayors § 26. N. 1. Bailiffs and chief Officers of Cities and Towns-Corporate in their Liberties from time to time to search the Houses and Lodgings of every Popish Recusant convict or of every person whose Wife is or shall be a Popish Recusant convict for Popish Books and Reliques of Popery Pope And that if any Altar Pix Beads § 26. N. 2. Pictures or such like Popish Reliques or any Popish Book or Books shall be found in their or any of their Custody as in the Opinion of the said Iustices Mayor Bailiffs or Chief-Officer as aforesaid shall be thought unmeet for such Recusant as aforesaid to have or use the same shall be presently defaced and burnt if it be meet to be burned Religion And if it be a Crucifix or other Relique of any Price § 26. N. 3. the same to be defaced at the general Quarter Sessions of the Peace in the County where the same shall be found and the same so defaced to be restored to the Owner again War And be it also Enacted c. that all such Armor § 27. N. 1. Gun-powder and Munition of whatsoever kinds as any Popish Recusant convict within this Realm of England hath or shall have in his house c. or elsewhere or in the Hands or Possession of any other at his or their disposition shall be taken from such Popish Recusant by Warrant of four Iustices of Peace at their general or Quarter Sessions to be holden in the same County where such Popish Recusant shall be resident other than such necessary Weapons as shall be thought fit by the said four Iustices of Peace to remain and be allowed for the defence of the person or persons of such Recusant or for the defence of his her or their house or houses Justices And that the said Armor and Munition so taken § 27. N. 2. shall be kept and maintained at the Costs of such Recusants in such places as the said four Iustices of Peace at their said Sessions of Peace shall set down and appoint § 28. N. 1. And be it further enacted c. that if any such
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
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
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
conformed Recusant for not receiving the Sacrament according to this Statute may be Recovered before the Justices of Peace at their Quarter Sessions 3 Jac. 4. § 7. N. 1. Pope CCXLVII. Lamb. 605. 606. The Monthly absence from Church of Popish Recusants and their Childrens Names of IX years old and upwards abiding with them and their Servants Names ought by the Church-Wardens 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 Jac. 4. § 4. N. 2. Oath CCXLVIII Lamb. 606. The Oath appointed by this Statute may be required in the Quarter Sessions of such Person as was formerly Convicted for refusing the same and such Person or any other whatsoever refusing the said Oath being tendred in the said Sessions shall Incur the danger of Premunire 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. 2. Pope CCXLIX Lamb. 607. If a Crucifix or other Relick of any price be found in a Recusants Lodging or Custody upon search to be made according to this Act the same to be defaced at the General or Quarter Sessions and so defaced to be restored to the Owner 3 Jac. 5. § 26. N. 3. Pope CCL Lamb. 607. By Warrant of Four Justices of Peace at their General or Quarter Sessions Recusants Armor Gun-powder and Munition shall be taken from 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 c. 3 Jac. 5. § 27. N. 1. Commission CCLI Lamb. 607. Enquire of others whether the Proclamation set forth 4 H. 7. 12. § 1. N. 4 be not yet to be read at every Quarter Sessions for some do think that it was to endure for the time of that King only infra 269. Sessions CCLII Lamb. 608 609. Some men be of opinion that these Statutes which be Enquirable by express words at the Quarter Sessions only may nevertheless be Enquired of at the Special Sessions also and their opinion seemeth to be backt by some words of the reformed Commission of the Peace § 7. where power is given to two Justices of the Peace one being of the Quorum to enquire hear and determine of all Offences of which Justices of Peace lawfully may or ought to Inquire nevertheless as the Commission § 7. there speaketh only of Inquiry hearing and determining and not of other Acts so have I hitherto doubted whether that be true in all Cases or not for as the Justices of Peace have none other Warrant to Inquire of these matters but only by those Statutes which do appoint the Inquiry to be made at the Quarter Sessions so they ought to pursue that Warrant if they will have any Care that their doings may be warranted and I think it to be no great doubt but that as the Statutes do many times give degrees of Power so also the same Statutes may restrain the Authority of Enquiry to some certain Sessions and specially to the Quarter Sessions in respect that they be both more open more commonly known before hand and better furnished with Justices and consequently the matter for Administring of Justice specially in Affairs of the weightier sort Crumpt 125. CCLIII Lamb. 609. The prices of Vessels for Soap Ale and Beer Measures shall be set and proclaimed by the Justices of Peace at their Quarter Sessions after Easter 8 Eliz. 9. § 5. N. 1. CCLIV Lamb. 609. The Wages of Laborers and Servants Apprentice are to be Rated by the Justices of Peace at the Easter Quarter Sessions or within Six Weeks after Easter where those Sessions be usually holden in one place of the Shire by all the Justices together but where they are not so usually holden but in several places for several Divisions there the Justices of Peace or the more part of them resiant within such Division shall at the same Quarter Sessions or at the time of the Easter Sessions as is aforesaid Rate and Ingross in Parchment under their Hands and Seals the Wages for Labourers c. within that Division and the Sheriff shall proclaim the same in places convenient therefore 5 Eliz. 4 § 15. N. 1. 39 Eliz. 12. § N. 1 Jac. 6. § N. CCLV. Lamb. 609. Poor And they must yearly in the same Sessions Examine the performance or not performance of so much of the Statute made for the Poor 14 Eliz. 5. § 23. N. 3. as is not altered by 43 Eliz. 2. CCLVI. Lamb. 609 610. The Account of the Treasurers for disabled Souldiers or Marriners is to be made yearly at the Quarter Sessions after Easter or within ten dayes after 43 Eliz. 3. § 3. N. 1. CCLVII Lamb. 610. At the Quarter Sessions to be holden after Michaelmas Mettle the Justices of Peace are to appoint Searchers for Brass and Pewter 19 H. 7. 6. § 1. N. 15. 4 H. 8. 7. § 6. N. 2. CCLVIII. Lamb. 610. And at the General Sessions after Michaelmas Sheriffs two Justices of the Peace ought to be appointed by the Custos Rotulorum or in his Absence by the eldest of the Quorum for the over sight and Controlement of the Sheriffs Books 11 H. 7. 15. § N. CCLIX Lamb. 610. Ways In the number of particular Statutes concerning the Quarter Sessions these may have place 26 H. 8. 5. § N. For passage over Severn 23 Eliz. 12. § N. For paving without Algate 3 Jac. 19. Of Highwayes from Non-such to Talworth 3 Jac. 20. § N. For passage by water to Oxford 3 Jac. 22. § N. For paving Drury Lane and St. Giles's 3 Jac. 23. § N. For making up Chepstow Bridge 3 Jac. 24. § N. For Vpton Bridge on the Severn 33 H. 6. 7. § N. For Attornies in Norfolk 32 H. 8. 43. § N. For Sessions in Cheshire 2 3 Ph. Mar. 13 § N. Of Wools in Halifax 27 Eliz. 24. § N. For the Sea banks in Norfolk Crumpt 125. CCLX Lamb. 611. The special Sessions of the Peace do vary from the General in this Chiefly Sessions that they be holden at other times when it shall please the Justices themselves or any two of them the one being of the Quorum to appoint them and this power they have not only by the Commission § 17. but also by the Statute 2 H. 5. 4. § 2. N. 2. which alloweth them to do it more often then the four times if need do so require 2. They be also for the most part Summoned for some Special business and not directed to the General service of the Commission and yet there is no doubt but that all the Articles within the Commission of the Peace are
the Indictment on 27 Eliz. 2. § 3. N. 1. that he was made a Jesuit or Priest c. by Authority Challenged or pretended from the See of Rome But it need not be shewed where he was made a Jesuit or Priest c. whither beyond the Sea or within the Realm for wheresoever it was it is within this Law if he were made so by the pretended Authority of the See of Rome Popham 94. Southwells Case XXXIX The Laws c. 102 103 104. Abr. 96. Process This Statute 29 Eliz. 6. § 3. N. 1. meddles not with any other way of Conviction than at the Queens suit by Indictment as hath been said and so is the Conviction here mentioned to be understood for this Statute is not Introductory of a new Law nor gave the Queen any new or other remedy than what she had against the Recusant by 23 Eliz. 1. § 5. N. 1. that is by Indictment but only gave her a more speedy way of proceeding upon that fundamental remedy 11 Co. 60. and 1 Rol. 93. Dr. Fosters Case So that a Conviction upon an Information against the Recusant upon 23 Eliz. 1. § 11. N. 1. or any other way save by Indictment doth not appropriate the penalty of twenty pound per month to the King for the time to come by force of 29 Eliz. 6. § 3. N. 1. Infra 165. abr 72. Hob. 205. Pie and Lovel Nor for the same person by force of 3 Jac. 4. § 8. N. 1. where the same words are used and a Conviction by Indictment only intended as here XL. The Laws c. 107. 108. Abr. 103. Process If the same be taken at any Assize or Goal delivery 29 Eliz. 6. § 5 N. 6. for if the Indictment had been taken before Justices of Peace no Proclamation thereupon could have been made upon this Statute by the Justices of Assize or Goal-delivery as was resolved in the Case of Sir Edward Plowden And therefore upon such an Indictment for Recusancy taken before Justices of Peace the Court was to remove the Indictment in B. R. and there process might have been made out against the Recusant and he Convicted for the Justices of Peace could do no more than Indict all other proceedings being taken away from them by this Statute 29 Eliz. 6. § 2. N. 2. 11 Co. 63. and 1 Rol. 94. but now by 3 Jac. 4. § 7. N. 1. the Law is altered in this point and the Justices of Peace upon Indictments taken before them may proceed to Proclaime and Convict the Recusant as well as Justices of Assize and goal-delivery Abr. 95. N. 2. XLI The Laws c. 114. Abr. 108. Wingate Crown 70. saith Religion that if any person above sixteen years of age obstinately refuseth to come to Church for a month or impugnes the Queens Authority in Causes Ecclesiastical he shall be Committed to prison 35 Eliz. 1. § 1. N. 2. which is a great mistake for no man shall be punished by this Act for either of those Causes only the not coming to Church being only a precedent qualification required in the person whom the act makes lyable to the penalties thereof for the other offences therein mentioned Crompton 53. b. 2. And therefore if a man never comes to Church yet he is no offender within 35 Eliz. 1. § 1. N. 2. unless he advisedly or purposely move or perswade another to deny or Impugne the Kings Authority in Causes Ecclesiastical or to that end or purpose advisedly and maliciously move or perswade some other to forbear to come to Church or receive the Communion or to be present at Conventicles c. or if he himself be present at such Conventicles c. 3. And on the other hand if a man move or perswade any other to deny or Impugne the Kings Authority in Causes Ecclesiastical or to forbear to come to Church or receive the Communion or to be present at Conventicles c. Or if he himself be present at any Conventicles c. yet he is no offender within 35 Eliz. 1. § 1. N. 2. if he goeth to Church once within the compass of a month 4. So that the party must both forbear to come to Church and be guilty of some other offences here enumerated or he is not punishable by 35 Eliz. 1. § 1. N. 2. and as for the denying or Impugning the Kings Authority in Causes Ecclesiastical it s no offence within this Statute unless the party moves or perswades others so to do and not then neither unless he hath been absent from Church by the space of a month XLII The Laws c. 114. 115. Abr. 109. Vnder colour or pretence of any exercise of Religion 35 Eliz. 1. § 1. N. 3. Altho this Act is commonly called the Act against Sectaries as distinguished from those of the Romish profession yet in truth it extends to all Recusants whatsoever as well Popish as other except 35 Eliz. 1. § 2. N. 1. in the point of abjuration for Popish service is performed under Colour or pretence of Exercise of Religion and the assembly or meeting of Popish Recusants under such colour or pretence is an assembly or meeting contrary to the Laws and Statutes and they as well as others may be Indicted upon this Statute if they forbear to come to Church for the space of a month and be present at any part of the Popish service or move or perswade ut supra And may be Imprisoned without Bail until they conform and make submission as by 35 Eliz. 1. § 4. N. 1. is appointed but they cannot be required to abjure unless they offend aganst 35 Eliz. 2. § 8. N. 2. 2. A Popish Recusant is likewise subject to an Action of debt c. given to the Queen by this Statute 35 Eliz. 1. § 10. N. 2. Process XLIII The Laws c. 115. Abr. 110. Being thereof lawfully Convicted 35 Eliz. 1. § 1. N. 5. that is Convicted both of his absence from Church and of that other offence which makes him punishable by this Act viz. going to Conventicles or moving or perswading c. for his absence from Church for a month must be laid down precisely in the Indictment for without that the other is no offence within this Act. 2. And t is not necessary that the party be Convicted of such absence upon any prior Indictment for altho there was never any former Conviction of him for Recusancy yet if he offend against this Act 35 Eliz. 1. § 1. N. 5. in any of the other particulars he may be Convicted both of that offence and of his absence upon one and the same Indictment and so was the Indictment Mich. 16. Car. 1. in the Case of Lee and others 1 Cro. 593. pl. who were Indicted upon this Statute at the Sessions of the Peace in Essex for absenting themselves for a month from Church and resorting to Conventicles to which they pleaded not guilty and the Indictment was removed in B. R. to
the place the Statute appoints him or his removal from thence contrary to the Statute or his not presenting himself and delivering his true Name as aforesaid Either of these if he be a Popish Recusant within the meaning of this Act is a Crime for which he ought to abjure unless he prevents his abjuration by a timely Submission Nor is the Popish Recusant bound to Swear that he will not go out of the high way or return back or will tarry but one Flood and Ebb or go into the Sea up to his knees Nor ought the Coroner or Justices of Peace to require any such Oath of him for this is a new Offence made by a Statute Law which doth not require the strict form of Abjuration as in Case of Felony and altho the Felon were tied to these Circumstances yet the Recusant is not nor shall be a Felon for omitting them but 't is sufficient if he simply abjure as 35 Eliz. 2. § 8. N. 4. directs and go from the appointed Port within the time limited and not return without Licence into any of the Kings Dominions He that thus abjures the Realm doth yet owe the King his Ligeance and remaineth within the Kings Protection Qui abjurat Regnum amittit regnum sed non Regem amittit Patriam sed non patrem patriae 7 Co. 9. Calvins Case LIII The Laws c. 140. 141. Abr. 139. Having lawful Authority in that behalfe 35 Eliz. 2. § 11. N. 1. this Clause seems to refer to 27 Eliz. 2. § 13. N. 1. Which appoints that the discovery of a Popish Priest or Jesuit shall be made to some Justice of Peace or higher Officer who is to give Information thereof to some of the Privy Council c. under the penalty of two hundred Marks Which Statute of 27 Eliz. 2. § 13. N. 1. tho it do not in express terms say that the Justices of Peace or other higher Officer shall examine the Priest or Jesuit so discovered yet in as much as it gives power to take Cognizance of the matter it seems Implicitely to impower him to inform himself of the truth whether the party be a Priest or Jesuit or not as well by examination of the party as otherwise that he may be the better enabled to give Information thereof to some of the Privy Council c. and one Justice of Peace having by 27 Eliz. 2. § 13. N. 1. lawful Authority to examine him he hath Authority likewise by this Statute 35 Eliz. 2. § 11. N. 1. to Commit him if he be suspected to be a Priest or Jesuit and refuseth to answer whether he be so or no. As for Mr. Shepherds opinion in his sure Guide Cap. 14 § 5. That there must be two Justices to Commit a man by force of 35 Eliz. 2. § 11. N. 1. who is suspected to be a Jesuit or Priest till he answers directly I see no ground at all for it LIV. The Laws c. 141. Abr. 140. Answer the said Questions Examinant 35 Eliz. 2. § 11. N. 1. that is whether he be a Jesuit Seminary or Massing Priest for he is not bound to Answer to any other Question nor can be Committed by force of this Act for his refusal LV. The Laws c. 141. 142. Abr. 141. Vrged by Process Process 35 Eliz. 2. § 13. N. 1. If a Popish Recusant restrained by this Act be summoned by Warrant of a Justice of Peace to appear before him the Recusant ought not to travel to such Justice out of his compass of five miles for although a Justice of Peace's Warrant be the Kings Process yet it is not intended here for these words Vrged by Process are restrained by the subsequent words 35 Eliz. 2. § 13. N. 1. as requires the Recusants appearance in some of the Kings Courts and extend not to all Cases of Summons and Process as Wingate Crown 83. mistakes But if in the Case aforesaid the Warrant be to Arrest the Recusant Constable and by force thereof to be carried by the Constable c. out of the compass of five miles there he is excused and shall forfeit nothing for that it was done by compulsion and yet if there be any Covin between the Recusant and the Justice of Peace or Officer it may be otherwise LVI The Laws c. 144. 145. Abr. 146. Submission Submission 35 Eliz. 2. § 15. 16. If a Popish Recusant Indicted upon this Statute makes his Submission and brings with him into B. R. a Testimonial thereof it is the course of that Court to cause him there to make his Submission again upon his Knees which the Clerk of the Crown reads to him And so was it done Pasch 2 Car. 1. Latch 16. in the Case of one Throgmorton But Jones Justice said There was no Statute to compel him to this second Submission and Throgmorton complained that he was not therein dealt with according to Law 35 Eliz. 2. § 16. N. 2. Is over her Majesty Jurisdiction or within any her Majesties Realms or Dominions and not over her Majesty within any her Dominions as Wingate Crown 85. grosly misrecites For that denies only the Popes or See of Romes Authority over her Majesty but not any other Authority which they might claim over her Subjects And 't is there by Disjunctive Or which Wingate omits that both these Authorities are intended to be denied by this Submission these words or any colour or means of any Dispensation which are a very material part of the Submission are likewise omitted by Wingate LVII The Laws c. 145. Abr. 147. Such relapse Certificate 35 Eliz. 2. § 18. N. 1. with the Indictment thereof is to be certified into the Court of Exchequer as was done by the Justices of B. R. 1. Bulstr 133. in the Case of Francis Holt Pasc 9 Jac. 8. LVIII The Laws c. 160. Abr. 163. Or before Justices of Assize Justices c. 3 Jac. 4. § 3. N. 5. Note that notwithstanding these words an Information upon this Statute by an Informer Qui tam c. for not receiving the Sacrament cannot be brought before Justices of Assize or Goal Delivery or Justices of Peace For no common Informer can sue for the King and himself before any of those Justices but must sue in one of the Courts of Record at Westminster LIX The Laws c. 161. Abr. 164. Constable Of all and all manner of Popish Recusants 3 Jac. 4. § 4. N. 1. as this Act is penned It seemeth that the Church-wardens and Constables are not bound thereby to present the Monthly absence from Church of any of the Children or Servants of a Popish Recusant although such Children or Servants be Recusants unless they are Popish Recusants and that 't is sufficient to satisfie 3 Jac. 4. § 4. N. 2. to present their Names without taking any notice of their absence from Church But if they be Popish Recusants they fall within the General
words of the Act and their Monthly absence ought to be presented as well as that of their Parents or Masters And in this Wingate Crown 100. hath clearly mistaken for he tells us That the Monthly absence of all the Children and Servants of a Popish Recusant ought to be presented Indictment LX. The Laws c. 162. 163. Abr. 165. To enquire hear and determine 3 Jac. 4. § 7. N. 1. This is intended of Indictments only and revives the Power of the Justices of Peace given them by 23 Eliz. 1. § 9. N. 2. suprà and taken from them by the Negative words of 29 Eliz. 6. § 2. N. 2. suprà so that now the Justices of Peace may proceed to Judgment against the Recusant upon 23 Eliz. 1. § 5. N. 1. or Convict him upon Proclamation and Default and so may the Justices of Assize or Goal-delivery proceed either way For the words of 3 Jac. 4. § 7. N. 2. and of 29 Eliz. 6. § 5. N. 5. which give the Proclamation being in the Affirmative do not take away the proceedings upon 23 Eliz. 1. § 9. N. 2. but that the Justices may waive the Conviction by Proclamation if they please Nor is the Informers popular Suit 23 Eliz. 1. § 11. N. 1. taken away by 29 Eliz. 6. § 4. N. 3. or by this Statute 3 Jac. 4. § 7. N. 2. Dr. Fosters Case 11 Co. 61. Appearance LXI The Laws c. 164. Abr. 169. Shall not make Appearance of Record 3 Jac. 4. § 7. N. 3. And if the Recusant do appear of Record at the Assizes Goal-delivery or General or Quarter-Sessions it shall be sufficient to save his Default although he did not render himself to the Sheriff upon the Proclamation and this is clear by the words of 3 Jac. 4. § 7. N. 3. which is grosly mistaken Wingate Crown 102. who saith The Recusant shall be Convicted if he render not his Body to the Sheriff or Bayliff of the Liberty and that Default be recorded This appearance on 3 Jac. 4. § 7. N. 3. must be in proper Person and not by Attorney for none can at first appear by Attorney unless inabled by some Statute and all Appearances by the Defendant in any Court ought by the Common Law to be in Person 10 Co. 101. Bewfages Case But after a Plea pleaded to an Indictment an Attorney may be admitted at the Discretion of the Court if they think fit but not otherwise and in some Cases not without a special Writ directed to the Justices to that purpose 16 Ed. 4. 5. F.N.B. 26. The Party Indicted and Proclaimed on 3 Jac. 4 § 7. N. 3. who appears at the Assizes or Sessions must take care that his Appearance be entred of Record For if the Clerk of the Assizes or Clerk of the Peace should mistake and instead thereof Record his Default he hath no way to avoid his standing Covicted but he is to put his Action upon the Case against such Clerk of the Assizes or Peace See Popham 29. Kellway 180. The personal Presence at the next Assizes or Sessions of the Party Indicted of Recusancy and proclaimed on 3 Jac. 4. § 7. N. 3. although he continue there from the beginning to the ending is no sufficient ground to Record his Appearance nor shall save his Default for although he be there personally present and openly confess himself to be the same Person who was Indicted and against whom the Proclamation Issued yet if he deny to appear upon the Proclamation or to consent that his Appearance be entred of Record it seems that his Appearance cannot be Recorded but his Default shall and he shall stand convicted thereupon And this is no more an Appearance than where a Prisoner is brought to the Common Pleas Barr by Habeas Corpus to the intent to have him appear to an Original brought against him and he denies to appear to the Action in which Case his Appearance cannot be Recorded as was resolved 43 Eliz. in Ascoughs Case Golsb. 118. pl. LXII The Laws c. 174. Abr. 131. These words passing c. and unknown 3 Jac. 4. § 13. N. 4. being in the Conjunctive it seems that the Bishop or two Justices ought not to examine upon Oath or tender this Oath to any Passenger or Traveller quatenus such unless he be unknown viz. such an one as conceals his true Name or Quality for so it must be reasonably intended and not of all Travellers through the Country as Wingate Crown 106. mistakes For it appears by the other Qualifications here enumerated that the intent of the Act is that it shall be offered by the Bishop or two Justices to such only of whom there is any just Cause of Suspition 7 Jac. 6. § 26. N. 2. Infrà 260. LXIII The Laws c. 175. Abr. 182 Imprisonment There to remain without Bail or Mainprise 3 Jac. 4. § 14. N. 1. the Bishop or two Justices cannot take Sureties of him who refuseth the Oath for his Appearance at the Assizes or Sessions as Wingate Crown 107. mistakes but must Commit him immediately to Goal nor can any other Court or Justices Bayl him in this Case LXIV The Laws c. 175. Abr. 183. Justices Vntil the next Assizes or General Quarter-Sessions 3 Jac. 4. § 14. N. 1. This being in the Disjunctive the Bishop or two Justices have their Election to Commit the Party refusing the Oath either until the next Assizes or until the next Sessions as they shall think fit For some may be more aptly committed until the next Assize and some until the next Sessions 12 Co. 131. LXV The Laws c. 175. 176. Abr. 184. Oath These words Any other person whatsoever 3 Jac. 4. § 14. N. 3. are Exclusive of the said Person or Persons who are Committed for refusal for 't is here in the Disjunctive So that it seems that if any Person whatsoever of the Age of 18 years or above and under the degree of a Nobleman or Noble woman be at the Assizes or General Quarter-Sessions of the Peace whether voluntarily or brought in upon Process on an Indictment of Recusancy or for any other matter and be there tendred this Oath and refuse to take it although it were never tendred to him before yet upon his refusal there he incurs a Praemunire and in this respect this Statute 3 Jac. 4. § 14. N. 3. is more Extensive than 7 Jac. 6. § 26. N. 6. where there must be a prior tender and refusal of this Oath otherwise a refusal of it at the Assize or Sessions doth not make a Praemunire by that Act 12 Co. 18. Infrà LXVI The Laws c. 176. Abr. 185. Error Shall incur the danger and penalty of Praemunire 3 Jac. 4. § 14. N. 3. If a man be committed by the Bishop or two Justices of Peace for the refusal of this Oath and the tender and refusal be expressed in the Mittimus the Justices of Assize or Justices of Peace in
and afterwards Indicted in B. R. of a Praemunire for such his refusal he being then of the Age of Eighteen years and above and the said Oath being lawfully tendred c. all which was certified to the Court by divers of the Privy Council upon which Indictment he was Arraigned And no word in the Indictment of his standing Convicted or Indicted of Recusancy or not having received the Sacrament c. and yet the Indictment was grounded upon 3 Jac. 4. § 41. N. 1. and not upon 7 Jac. 6. § 26. N. 6. For by the Statute 7 Jac. 6. § 26. N. 5. He could not have been Indicted of a Praemunier for the first Refusal but must have been Committed until the next Assizes or Sessions and if he had there refused it the second time he might have been Indicted of a Praemunire and not otherwise But whether this Indictment were according to Law or only passed Sub silentio Quaere Note by 7 Jac. 6. § 26. N. 1. Any Privy Counsellor or the Bishop of the Dioces may now require this Oath of any Baron or Baroness of or above the Age of Eighteen years in all Cases and in some Cases three Privy Counsellors Quorum unus c. may require it of Persons above the said Degree LXX The Laws c. 205. Abr. 220. Licence Giving Power to grant Licence or Licences unto the said Recusants 35 Eliz. 2. § 12. N. 1. in the Proviso which is by 3 Jac. 5. § 6. N. 4. here repealed is only that which there Impowers the Justices of Peace for that is the only Proviso which gives Power to grant Licences and the Cause here alledged for the Repeal 3 Jac. 5. § 6. N. 2. is the giving of sundry Licences to Recusants under colour of a Proviso in 35 Eliz. 2. which can be construed only of those which were given by the Justices of Peace 35 Eliz. 2. § 12. N. 1. and not of the other Licences given by 35 Eliz. 2. in several other Cases So that the Provisoes there 35 Eliz. 2. § 13. 14. permitting the Popish Recusant to travel in Case of Process or Commandment by Privy Counsellors or the Queens Commissioners or Proclamation to render his Body to the Sheriff remain still in force and unrepealed and the Recusant may take the benefit thereof at this day Justices LXXI The Laws c. 207. 208. Abr. 221. by such Recusant is intended here 3 Jac. 5. § 7. N. 1. such Recusant as is confined by 35 Eliz. 2. § 3. N. 1. § 4. N. 1. and not only such as were mentioned in 3 Jac. 5. § 6. N. 1. For that Recital is imperfect in that it mentions only the Popish Recusant Convict 35 Eliz. 2. § 3. N. 1. whereas 35 Eliz. 2. § 4. N. 1. speaks as well of the Popish Recusant not Convicted who hath no certain place of abode And the benefit of having Licences from the King or three Privy Counsellors by force of this Act 3 Jac. 5. § 7. N. 1. is intended as well to the one as the other although the Convicted only are mentioned in the recital And this will plainly appear 1. By the following words here 3 Jac. 5. § 7. N. 2. which impower the Justices of Peace to grant Licences and expresly extend to all Persons confined by virtue of 35 Eliz. 2. Now it cannot be presumed that the Makers of the Law intended any difference between the Persons to he licenced by the King or Privy Counsellors and the Persons to be licenced by the Justices of Peace the Power given 3 Jac. 5. § 7. N. 1. to the King or Privy Counsellors being more absolute and not under such Precautions as is that which is given 3 Jac. 5. § 7. N. 3. to the Justices of Peace For the King or Privy Counsellors may grant a Licence to the Recusant to travel without any particular Cause shewn in the Licence or the assent of any other Person and without any Oath to be made by the Recusant which the Justices of Peace cannot do And there is no reason to think that the Power here given to the King or Privy Counsellors which in all other Particulars is so much more absolute and extensive than that given to the Justices of Peace should be yet less Extensive as to the Persons to be licenced 2. It were absurd to think that the Makers of 3 Jac. 5. § 7. N. 1. intended to confer a greater Priviledge upon the Recusant Convicted whose Offence appears upon Record than to such as are not Convicted c. But it by such Recusant should be meant only such as are mentioned in the Recital 3 Jac. 5. § 6. N. 1. viz. those Convicted and not all who are confined by 35 Eliz. 2. § 3. N. 1. § 4. N. 1. it would follow that the Convicted Recusant who is the more notorious Offendor may have a Licence without any Cause shewn or Oath made but he who is not Convicted is barred of that Priviledge and can apply himself only to the Justices of Peace for a Licence clogged with divers Circumstances which are not required in a Licence granted by the King or the three Privy Counsellors 3 Jac. 5. § 7. N. 1. Much less shall this Recital 3 Jac. 5. § 6. N. 1. of the Statute 35 Eliz. 2. § 3. N. 1. Impeach the express words of that Statute 35 Eliz. 2. § 4. N. 1. as if no other Popish Recusants were intended to be confined thereby but only such as are Convicted because no other are mentioned in the Recital For the Recital of an Act of Parliament in another Act of Parliament being only by way of Preface or Introduction cannot add to or diminish the Act recited or make it lyable to any other Constitution than what shall naturally flow from the Act it self 4 Inst 331. LXXII The Laws c. 208. Abr. 222. Licence Without any other Cause to be expressed 3 Jac. 5. § 7. N. 1. Here is one difference between a Licence by the King or three of the Privy Counsellors and a Licence by Justices of Peace For by these 3 Jac. 7. § 5. N. 2. it ought not to be granted unless the Popish Recusant hath necessary occasions or business but the Kings or Privy Counsellors Licence may be granted in any Case at the Recusants request LXXIII The Laws c. 200. Abr. 203. Vnder the Hands and Seals Indictment 3 Jac. 5. § 7. N. 2. An Indictment was brought upon 35 Eliz. 2. § 3. N. 1. for travelling out of the Compass of five Miles the Recusant pleaded a Licence under the Seals of four Justices of Peace and Exception was taken to the Plea for that the Licence ought to have been under their Hands as well as their Seals 2 Co. 352. Mich. 17 Jac. Maxfields Case And this is a good Exception For a Licence by a Justice of Peace although in Writing is not sufficient without Seals and Subscription both 1 Roll. 108. pl. 47.
Macclefields Case LXXIV Abr. 224. Of four of the Justices of Peace Justices 3 Jac. 5. § 7. N. 2. And a Licence from less than four will not now serve since the Repeal of 35 Eliz. 2. § 12. N. 1. and therefore 1 Roll. 108 is misreported in that particular for there mention is made of a Licence from two Justices of Peace as if no more were then requisite And that Case could not be grounded upon the Proviso in 35 Eliz. 2. § 12. N. 1. which required only two Justices as well for the distance of time being Nine years after the Repeal of that Proviso by 3 Jac. 5. § 6. N. 4. As for that in 1 Roll. 108. there is mention of a Licence under the Seals of the Justices of Peace and of the Oath to be taken by the Recusant neither of which was appointed by 35 Eliz. 2. § 12. N. 1. but by this Statute 3 Jac. 5. § 7. N. 4. which must therefore necessarily be there intended and not any Statute 1 Jac. which is another mistake in that Case 1 Roll. 108. LXXV The Laws c. 208. 209. Abr. 225. With the privity and assent in writing of the Bishop c. the Lieutenant or of any Deputy-Lieutenant 3 Jac. 5. § 7. N. 2. An Information was brought against a Popish Recusant Convict for remaining above five Miles from the place of his Confinement who pleaded a Licence from four Justices of Peace but the Plea was disallowed Mich. 12 Jac. saith Moor 836. pl. 1127. Mansfields Case But yet if it had been granted with the assent of any Deputy-Lieutenant residing in the County there is no doubt but it had been good enough The Bishop Lieutenant or Deputy-Lieutenant who gives his assent must be a distinct Person from the Justices of Peace who grant the Licence by 3 Jac. 5. § 7. N. 2. And therefore if one and the same Person be a Justice of Peace and Deputy-Lieutenant he cannot act herein in both Capacities for una persona non potest supplere vicem duorum And if he Sign and Seal the Licence as a Justice of Peace the assent of some other Deputy-Lieutenant or of the Bishop or Lieutenant must be had thereto or the Licence is void Mich. 12. Jac. Maxfields Case 2 Cr. 352. and Mansfields Case Moor 836. pl. 1217. and Macclefields Case 1 Roll. 108. And that Rule Quando duo Jura concurrunt in una persona aequum est ac si essent in diversis holds not in such Cases where distinct Persons are necessarily required by Law 7 Co. 14. Calvins Case And here four Persons 3 Jac. 5. § 7. N. 2. are necessarily required to grant the Licence and another Person to assent to it In 2 Cr. 352. one Exception to the Licence in Maxfields Case was That the assent of the Deputy-Lieutenant was contained in the Licence granted by the four Justices of Peace and was not separate and distinct by it self but to this the Court made no Answer And it seems that such an assent is well enough by 3 Jac. 5. § 7. N. 2. though in the same Writing with the Licence if it be expressed that the four Justices do licence and the Deputy-Lieutenant doth assent and such writing be under the Hands and Seals of all five Licence LXXVI The Laws c. 210. Abr. 228. The particular cause of the said Licence 3 Jac. 5. § 7. N. 3. In Maxfields Case 2 Cr. 352. another Exception to the Licence granted by the four Justices was That it was said to be granted for certain urgent Causes but no particular Cause for the Recusants travel was expressed in the Licence And this seems to be a good Exception For the inserting into the Licence that the Popish Recusant hath urgent or necessary occasion or business answers only the former part of this Proviso 3 Jac. 5. § 7. N. 2. which gives the four Justices power to licence him if he hath necessary occasion or business to travel out of the compass of five miles but withal it ought to be mentioned in the Licence particularly what that occasion or business is which is the cause of the Licence for so this Act here 3 Jac. 5. § 7. N. 3. expresly appoints and therefore that form of a Licence for a Recusant to travel which Dalt 379. cap. 124. tit Licences hath set down wherein no Cause is mentioned but urgent and necessary business seems too short and general and is not to be relied on Oath LXXVII The Laws c. 210. Abr. 229. First taking his Corporeal Oath 3 Jac. 5. § 7. N. 4. In Mansfields Case Moor 836. pl. 1127. there is another Oath mentioned for a Popish Recusant to take before he can be licenced to travel and that is the Oath of Allegiance prescribed by 3 Jac. 4. § 25. N. 1. for it s said Moor 836. That in an Information brought against the Recusant for travelling out of the Compass of five Miles the Defendant pleaded a Licence from four Justices of Peace and his Plea was disallowed because among other things he did not shew that before the Licence he had taken the Oath of Allegiance yet Quaere of this and by what Law the omitting to take that Oath makes the Licence void But I rather think it to be a mistake and that such an Exception might be moved but the Plea not disallowed for that Reason Justices LXXVIII The Laws c. 210. 211. Abr. 229. Before the said four Justices of the Peace or any of them 3 Jac. 5. § 7. N. 4. Mr. Shepherd in Sure Guide cap. 14. Sect. 5. thinks that no less than two of the four Justices of the Peace can minister this Oath to the Recusant But I take it to be clear that any of the four Justices may minister the Oath in this Case And there is a great difference between any Justices for that denotes the Plural Number as in the subsequent Clause 3 Jac. 5. § 27. N. 1. where any Justices may Imprison the Offender that is any two Justices or more and any of the Justices as here 3 Jac. 5. § 7. N. 4. which denotes the Singular Number and the following words who shall have Authority by virtue of this Act to minister the same may be well enough applied to any one Justice of Peace Books LXXIX The Laws c. 236. 237. Abr. 254. Shall be thought unmeet for such Recusant 3 Jac. 5. § 26. N. 2. So that the Justices of Peace are not bound by this Act to deface all Relicks of Price or to Burn or deface all other Relicks or Popish Books as Wingate Crown 144. misleads c. And though herein much is referred to the Direction of the Justices of Peace yet where the Husband is a Protestant and only the Wife a Popish Recusant it seems by these words 3 Jac. 5. § 26. N. 2. that they are not to consider what is unmeet for the Husband but what is unmeet for the Recusant viz. the
Wife And that it was not intended that they should seize burn or deface any Books of the Husbands though Popish unless such whereby the Wife might be aided or confirmed in her Superstition So that in this Case Books written in a language or stile unintelligible to the Wife are not within the meaning of 3 Jac. 5. § 26. N. 2. nor ought by colour thereof to be taken from the Husband who is no Popish Recusant LXXX The Laws c. 238. Abr. 255. Ware In the same County where such Popish recusant shall be resident 3 Jac. 5. § 27. N. 1. A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant such Arms cannot be seized by force of this Act by the Justices of Peace of either County Not by the Justices of Peace of the County where the Arms are kept for the seizure or taking is here limited to be by Warrant at the Sessions in the County where the Recusant resides and 3 Jac. 5. § 27. N. 1. must be strictly pursued in that particular Nor by the Justices of Peace of the County where the resident is Recusant for the Arms are in another County where they have nothing to do And also in some Cases where a Statute appoints a Justice of Peace to do a thing he may do it out of his County Justices as to take an Examination upon the Statute of Winton 13. Ed. 1. Stat. 2 cap. 1. N. of a Robery 27 Eliz. 13. § 11. N. 2. as was resolved 1 Cr. 213. Jones 239. Helier vers H. of Benburst yet he cannot Exercise any coercive Power out of his County as was resolved in that Case for his Potestas Jurisdictionis is confined to his Couâ—ty as well as that of a Bishop is confined to his Dioces See Palmer 473. Ascuiths Case Infra 266. N. 2. And here the taking Recusants Armor is a coercive Act and therefore by 3 Jac. 5. § 27. N. 1. can be Executed by warrant of the five Justices of Peace in that County only where they are Justices so that this is clearly Casus omissus and not provided for by this Act. LXXXI The Laws c. 238. Abr. 256. Imprisonment Imprisoned by warrant of or from any Justices of Peace 3 Jac. 5. § 28. N. 1. Any two Justices may grant their Warrant for imprisoning the Offender and 't is sufficient in this Case for Pluralis numerus ect duobus contentus but a Warrant from any one Justice will not serve contrary to Wingate Crown 145. LXXXII The Laws c. 238. 239. Abr. 257. Of such County Lieu. 3 Jac. 5. § 28. N. 1. That is of the County where the Popish Recusant is resident for no other County was named before A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant the Justices of Peace of that other County cannot by force of this Act 3 Jac. 5. § 28. N. 1. imprison him that keeps them for they are not named here but the Power in this Case is expresly limited to other Justices and no other can intermeddle therein Neither will the Warrant of the Justices of Peace of the County where the Recusant is resident reach him who is in another County for the coercive Authority of a Justice of Peace cannot exceed his limits or bounds as Com. 37. is held in the Sheriffs of Londons Case And therefore in the Case of the Lord Say it was resolved That if a Justice of Peace of the County where the Felony was committed pursue a Felon into another County and take him there the Felon must be imprisoned in the County where he is taken and the Justice of Peace who pursued him hath no Power to carry him to the Goal of the County where he did the Felony for he is a Prisoner in the County where he was taken and there the Justice of Peace hath no more Power to do then an ordinary person 13 Ed. 4. 8. Fresh Suit Br. 3. So that as it seems in this Case the Party who keeps such Arms cannot be imprisoned by 3 Jac. 5. § 28. N. 1. but this likewise is Casus omissus and not here provided for Oath 7 Jac. 6. of Allegiance LXXXIII The Laws c 243. upon 7 Jac. 6. § 8. N. 1. The King cannot dispence with any Member of the Commons House of Parliament from taking this Oath of Allegiance for that he is here declared to be Persona inhabilis untill he take it Vaughan 355. Thomas and Sorrel Supra and 3 Inst 154. Justices LXXXIV The Laws c. 246. For any two Justices of Peace within any County City or Town Corporate c. 7 Jac. 6. § 26. N. 2. the two Justices may require this Oath of any person that shall happen to be within their Jurisdiction although his habitation be in another County or Liberty for the Oath of Allegiance Sequitur personam non locum 2 Bulstr 155. The King against Griffith c. Oath LXXXV The Laws c. 246. Abr. 260. To require any person or persons 7 Jac. 6. § 26. N. 2. This is an Enlargement of the Power given to two Justices of Peace by 3 Jac. 4. § 13. N. 4. for thereby they could have required the Oath but only in some particular Cases Supra But by 7 Jac. 6. § 26. N. 2. They may require it of any person whatsoever of competent Age and under the degree of a Baron or Baroness The Justices of the Peace in this Case 7 Jac. 6. § 26. N. 2. or the Justice of Peace in the following Case 7 Jac. 6. § 26. N. 4. may make his or their special Warrant to the Constable to bring the party before the said Justice or Justices to take the Oath for 7 Jac. 6. § 26 N. 2. by giving them Power to require the Oath doth implicitly authorize them to make such a Warrant Quando lex aliquid alicui concedit concedere videtur id sine quo res ipsa esse non potest and it is against the Office of the Justices of Peace and the Authority hereby given them to go and seek the Party 12 Co. 130. But the Constable cannot by vertue of such Warrant break the House where the Party is for he is no Offender before he refuse the Oath or commit some contempt to the King Endictment LXXXVI The Laws c. 247. Abr. 263. Shall stand and be Presented Indicted or Convicted 7 Jac. 6. § 26. N. 4. These words being in the Disjunctive it is not necessary that the party be convicted but if he stand Presented or Indicted for not coming to Church or not receiving the Sacrament and be under the degree of a Baron the Justice of Peace ought to tender him this Oath Intendment LXXXVII The Lands c. 247. 248. Abr 264. And the said Iustice shall find cause of Suspition 7 Iac. 6.
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
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
of the said Act imposed on him so convict as aforesaid for his said Offence the said Sum of 20 l. as being thought by him able to pay the same as by the said Certificate appeareth 22 Car. 2. 1. § 13. N. These are therefore by Virtue of the aforesaid Act in his Majesties Name to command you that you some or one of you do forthwith levy the said 20 l. by Distress and Sale of the Goods and Chattels of the said G. H. and that when you or any of you have so levied the said 20 l. or any part thereof that then you they or he that so levied the same do forthwith deliver the Moneys so levied to the aforesaid W. E. to be by him distributed according to the Act aforesaid hereof neither you nor any of you are to fail at your perils Given under my Hand and Seal at A. in the said County of K. 10 Apr. Anno Regni c. 31. Proof XXXIII Kilb. Precedents 57. 58. A Warrant for Witnesses to prove the Conventicle To the Constable Borshoulders Headboroughs and Tythingmen of the Hundred of S. in the said County and every of them Kent ss Whereas we have this day received Information that several persons upon the 19. day of June last past were present in the Parish of S. in the said County at a Conventicle then and there held under Colour of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England contrary to the form of an Act of Parliament lately made and provided to prevent and suppress Seditious Conventicles And whereas we are also Informed that the several persons hereunder Named can certifie the Particulars and truth of the Premisses These are therefore in his Majesties Name to command you and every of you that you do give notice to the several Persons that they and every of them are by us Commanded to appear before us at the House of R.K. Esq in H. in the County aforesaid on Wedensday the first day of this Instant August at eight of the Clock in the Forenoon of the same day then and there to testifie their several Knowledges touching the Premisses whereof neither they nor any of them are to fail at their perils And you are further hereby commanded to appear at the time and place aforesaid to make appear unto us what you have done in the Execution hereof hereof also you are not to fail at your peril Given under our Hands and Seals at H. in the said County the Day of c. A. B. of c. c. as many as be C. D. of c. c. as many as be XXXIV Kilb. Precedents 58. 59. A Certificate made by a Justice where the Offenders liev in a Corporation Kent ss S. B. R. K. Esquires Certificate Two of his Majesties Justices assigned to keep the Peace in his County aforesaid to the Chief Magistrate of the Corporation of T. in the said County Greeting Whereas W. S. of T. aforesaid in the County aforesaid Yeoman was this present day before us Convicted according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided of being present in the Dwelling house of J. B. in the Parish of C. in the County aforesaid upon the sixth day of this Instant July at a Conventicle than and there held under Colour of Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England contrary to the form of the Act aforesaid And we have by Vertue of the said Act imposed upon him a Fine of Five shillings for that his Offence and whereas also the said J. B. was this present day before us also according to the said Act Convicted of his wittingly and willingly suffering the Conventicle aforesaid to be held in his aforesaid Dwelling house contrary to the form of the Act aforesaid for which his Offence he hath forfeited the Sum of 20 l. and for that we do in our Judgments think the said J. B. poor and unable to pay the said Sum of 20 l. by him as aforesaid forfeited we have therefore by our Discretions adjudged one hundred Shillings thereof to be levyed of the Goods and Chattels of the aforesaid W. S. who as aforesaid was present at the same Conventicle And forasmuch as the said W. S. is an Inhabitant in the Corporation aforesaid we do therefore hereby Certifie you of the Premisses to the end you may proceed thereupon as by the said Act is required Given under our Hands and Seals at C. in the said County 20 Novemb. Anno 1679 c. Regni c. 31. Church XXXV Kilb. Precedents 59. 60. A Record of the Conviction of certain Persons taken at a Conventicle Kent ss Memorand ' quod ' S. B. de Parochia de C. c. pro ut c. 31. N. 2. quidam alius homo ignotus in toto se attingnut ad numerum octo personarum quilibet eorum 3 die c. Anno c. ultra aetatem c. subdit ' c. quorum que ad numerum quinque personarum non ad tunc fuerunt defamilia Roberti Kite de predicta Parochia c. in Com. predict ' Mercer in predict ' Parochia de S. eodem 3 Die c. Anno c. Insimul assemblaverunt presentes fuerunt quilibet eorum presens fuit in Donio Mansionali ipsius Roberti Kite in predicta Parochia de S. in Com. predict ' ad assemblationem sub colore c. pro ut c. ad tunc adhuc in pleno robore existent ' Memorand ' etiam quod predict ' homo ignotus ad tunc ibidem assumpsit super se docere in assemblat ' predict ' ad tunc ibidem docuit etiam contra formam ejusdem Statuti Memorand ' etiam quod predict R. Kite tempore supradicto scienter Angl. wittingly voluntariè permisit assemblat ' predict ' fore tenend ' in Domo Mansionali sua predict ' etiam contra formam Statuti predict ' Record ' quarum quidem separalium offensarum nos J. H. Miles W.C.S. B. R. K. Armigeri Justiciarij dicti Domini Regis ad pacem suam in Com. suo predict ' causa assemblat ' quibus secundum formam effectum Statutorum dredictorum separales offensas predict ' sic ut presertur sore Commissa sufficienter apparuit per presentes sub Manibus Sigillis nostris 17 Die Apr. Anno c. 27. supradicto apud C. predict ' in Com. predict ' fecimus predictique S. B. predict ' uxorejus H. S. c. R. K. predict ' Hom ' ignot ' de separalibus offensis suis in Record ' predict ' superius specificat ' per Record ' illud Virtute Statuti predicti plene perfecte convicti sunt quilibet eorum inde separaliter plenè perfecte Convictus est Et nos
Parish aforesaid and every of them was this present day by us according to the said Act Convicted for that he knowing the Assembly aforesaid in form aforesaid to be holden within his aforesaid Parish did not give Information thereof to any Justice of Peace nor Endeavour the Conviction of the Parties aforesaid or any of them but wittingly and willingly did omit the Performance of his duty in Execution of the Act aforesaid against the form of the said Act for which offence every of them respectively hath forfeited the Sum of 5 l. These are therefore in his Majesties Name to Command you and every of you to levy the Sum of 5 l. by the said W. W. so forfeited as is last before mentioned by distress and Sale of his Goods and Chattels and to levy c. of the rest in like manner c. and you and every of you are hereby in his Majesties name further commanded that when you or any of you have as aforesaid levied the several Fines and forfeitures aforesaid or any of them that then they or he so having levyed the same do forthwith deliver the same to us or one of us to be destributed according to the said Act hereof neither you nor any of you are to fail at your peril Given c. Record XXXIX Kilb. Precedents 70. 71. A Memorial of a Record of a Conventicle Kent ss A Memorial of the Account of the Moneys mentioned in the Record Certified at the Quarter-Sessions of the Peace holden for the said County at M. in the County aforesaid on Tuesday next after the Close of Easter 1679. by Sir J. H. Knight W.C.S.B. and R. K. Esquires four of his Majesties Justice of the Peace of the said County forfeited as in the said Record is mentioned in an Assembly holden in the Dwelling-house of R. K. in the Parish of S. in the County aforesaid under colour of Exercise of Religion in other manner than according to the Liturgy of the Church of England upon the 30. day of March 1679. His Majesties third part of the said Forfeitures by the said Justices tendred into the Court of the General Sessions of the Peace holden for the said County at M. aforesaid on Tuesday next after the close of Easter 1679. and by Appointment of the same by the said Justices paid to Sir J.C. Knight and Baronet Sheriff of the said County to his Majesties use viz. For R. C. xx d. and xx d. and xxxix s. iv d. 2 l. 2 s. 8 d. All which was levyed and paid to the said Justices since the last general Sessions of the Peace holden for the said County at M. aforesaid viz. summa patet And as concerning the Moneys in the said Record mentioned to be payable by the several persons here under named his Majesties third part whereof cometh to as followeth viz.  l. s. d. R. B. xx d. and xx d. and iii l. iii s. iv d. in all 3 6 8 C. B. xx d. xx d. xx d. and 13 s. 4 d. in all 0 18 4 J. B. xx d. and xxiii s. iv d. in all 1 5 0 R. K. 6 13 9 in all 12 3 9 The said Justices do say that they did upon the seventeenth day of April 1678 being the day of the Convictions of the Persons aforesaid for their Offences in the said Record mentioned make out their Warrants for levying thereof but they have not as yet received the same or any part thereof nor is the same or any part thereof as yet levied that they know of though they have diligently inquired after the same XL. Kilb. Precedents 72. 73. Imprisonment A Mittimus thereupon upon the first Offence by 22 Car. 2. 1. § 2. N. 2. To the Constable and Borshoulders of the Hundred of A. and to every of them and to the Keeper of his Majesties Goal for the said County at B. in the County aforesaid Kent ss Forasmuch as C. B. was this present day according to the form of an Act of Parliament lately made intituled an Act to prevent and suppress Seditious Couventicles Convicted by Record by us viz. two Justices made of being present in the Parish of C. in the said County at an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England contrary to the Act aforesaid and whereas we did upon the said Conviction Fine the said C.D. viz. not exceeding 5 l. for his said Offence and he did not pay down the said Fine unto us 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 C. D. 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 keep without Bail or Mainprise by the space of viz. not exceeding three Months next after such delivery of him unto you hereof fail not at your perils Given under our hands c. 2. The like Mittimus mutatis mutandis to the House of Correction if the Justices think fit to send the Offender thither which they must not do if the Offender or her Husband if a Feme Covert have 5 l. per Annum Freehold or Copyhold or 50 l. in Goods XLI Kilb. Precedents 73. 74. Imprisonment A Mittimus upon the second Offence 22 Car. 2. 1. To the Constable c. Kent ss Forasmuch as C. D. was this present day according to the form of an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made of being present in the Parish of T. in the said County at an Assembly Conventicle or Meeting under colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England contrary to the Act aforesaid and whereas we did upon the said conviction Fine the said C. D. viz. not Exceeding 10 l. for his said Offence and he did not pay the said Fine unto us And forasmuch as the said C. D. hath been once before that time convicted of the like Offence contrary to the Act aforesaid 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 C. D. 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 keep without Bail or Mainprise by the space of viz. not Exceeding six Months next after such delivery of him unto you hereof fail not c 2. The like Mittimus Mutatis
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
for the increase of his Majesties Revenue during his Life and you the said Constable have this day certified us that the said A.B. hath not sufficient distress whereby the said c. can be levied These are therefore in his Majesties Name to will and require you and every of you that you some or one of you do take the said A. B. and him convey to the Goal aforesaid and there deliver him to the aforesaid Keeper of the same together with this Precept requiring also you the said Keeper to receive him into the said Goal and him there Imprison till satisfaction be made of the aforesaid Forfeiture c. hereof fail not at your perils Given under our Hands and Seals the 10 day of May c. XI Kilb. Precedents 139. A Certificate upon taking the Oath of Officers of Excise 12 Car. 2. 23. § N. Kent ss We whose Names are hereunto subscribed his Majesties Justices of the Peace of the County aforesaid do certifie that A. B. of C. in the said County hath before us this present day taken the Oaths of Allegiance and Supremacy and the Oath mentioned in the Statute made in the 12 year of his now Majesties Reign intituled A grant of Certain Impositions upon Beer Ale and other Liquors for the increase of his Majesties Revenue during his Life Given under our Hands and Seals the second day of May in the 31. year of the Reign of c. 2. This Oath is by the Justices to be certified to the next Quarter-Sessions XII Kilb. Precedents 140. A Warrant against one for 10 l. for bribing c. an Excise Officer 15 Car. 2. 11. To the Constable c. Kent ss Forasmuch as it hath been duly proved before us viz. two Justices that A. B. of C. c. Brewer did Bribe or corrupt give mony fee or other reward c. to J. S. Gager or other Officer to make a false Return turn or report unto the Officer of Excise of Beer Ale c. Excisable within his division charge or walk in the said County or to forbear or omit the doing or Executing of his place or imployment against the form of an Act of Parliament lately made intituled An additional Act for the ordering and collecting the duty of Excise and preventing the abuses therein whereby he hath forfeited 10 l. for his said Offence These are therefore in his Majesties Name to charge and command you and every of you to levy by distress and Sale of the Goods of the said A. B. the aforesaid 10 l. rendring to him the Overplus thereof and thereof fail not at your perils Given under our Hands and Seals the 10 day of May c. XIII Kilb. Precedents 141. A Mittimus against the Offender for not paying the said 10 l. 10 Car. 2. 11. To the Constable and Borshoulders of the Hundred of A. in the said County and to every of them and to the Keeper of his Majesties Goal for the said County at C. in the County aforesaid Kent ss Whereas it was duly proved before us that A.B. of C. c. Brewer did Bribe C.D. Gager to make a false Return into the Office of Excise of Beer c. Excisable within his Division in the said County against the form of an Act of Parliament lately made intituled An additional Act for the ordering and collecting the duty of Excise and preventing the abuses therein whereby he forfeited 10 l. for his said Offence and we did therefore by Warrant under our Hands and Seals charge and command you to levy by distress and Sale of the Goods of the said A. B. the aforesaid 10 l. and you the said Constable have retorned to us that for want of such distress you could not levy the same These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you to attach the said A. B. and him to 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 keep by the space of three Months without Bail or Mainprise Hereof fail not at your perils Given under our Hands and Seals the 10. day of May c. 2. The like as supra mutatis mutandis against any sworn Gager or other Officer that shall take and receive any Bribe mony Fee Gift or other reward of any Brewer or other Person for any cause or matter retaining to the Exercise XIV Kilb. Precedents 142 143 144. A Warrant to distrain for the duties of Excise To T. O. and J. T. Gent ' and to either of them and such other Persons as they or either of them shall take to their or either of their assistance in Execution hereof Kent ss Whereas Complaints were lately made unto us S. B. and R.K. Esquires two of his Majesties Justices of the Peace of the said County by the Officers of Excise that the several Persons hereunder named had committed the several and respective Offences hererein after mentioned and severally added to their several Names against the form of several Statutes made for payment to his Majesty of the duties of Excâ—se and forasmuch as upon hearing of the said Complaints this present day it was duly proved before us that the said Complaints were true and we have therefore according to the form of the Statutes aforesaid adjudged that the several and respective Persons shall for his and their seveveral and respective Offences forfeit and pay the several Sums of Mony here under added to their several and respective Names that is to say T. D. of H. in the said County Vintner a Retailer of Beer c. for forfeiture for neglect of entring by the space of 12. Months last past of Beer c. by him retailed within the said time 24 l. and for double the Duty of Exercise for 25. Barrels 3. Firkins and 5. Gallons of Beer of above 6 s. the Barrel and for 3. Barrels and 3. Firkins of Beer of 6 s. per Barrel or under he not having paid the single duty or any of the same 8 l. 14 s. ob in all 32 l. 14 s. ob J. L. of H. aforesaid Cordwinder for forfeiture for neglect to appear before us this day to give Evidence for discovery of Breaches of the Laws of Excise the 10 day of May at H. c. viz. the day and place of condemnation notwithstanding that he was summoned so to do according to the Statute in that behalf made 40 s. E. B. Late of B. in the said County Laborer for the like 40 s. and for forfeiture for that he refusing to permit the Gager to Gage or take account of Beer by him Brewed and being thereupon forbidden by the said Gager to sell any of the Beer aforesaid he after such warning given did sell the sâ—me not having paid or cleared the Duty of Excise 5 l. and for Costs and
authorized to minister the said Oath to any c. that can or will justifie the same being within the limits of their said Commission Imprisonment And for want of sufficient Distress viz for the Penalties § 3. N. 3. c. the Party c. offending to be by the Mayor Bailiff or other Head-Officer or Iustice c. committed to the Common-Goal there to remain until the said Penalty c. be truly paid Franchise Provided always and be it Enacted § 6. N. 1. c. that the Correction and Punishment of such as shall offend against this Act or any part thereof within either of the two Vniversities of this Realm or the Precincts or Liberties of the same shall be done upon the Offenders and Iustice shall be administred in this behalf according to the intent and true meaning of this Law by the Governors Magistrates Iustices of the Peace or other Principal Officers of either of the same Vniversities to whom in other Cases the Admission of Iustice and Correction and Punishment of Offenders by the Laws of this Realm and their several Charters doth belong or appertein Leather And for the better Execution of this Act viz. of Tanners Curryers C. 22. § 5. N. 1. Cord wayners Shoe-makers Sadlers Coachmakers c. be it further Enacted that all Iustices of Assize Iustices of Goal-delivery Iustices of Peace and Stewards of Franchises Leets and Law-days within their several Iurisdictions and Liberties Precincts Offices and Authorities shall inquire of all the Premises in their Sessions Leet or Law-day and hear or determine the same and also by their discretions examine all persons suspected to offend this Act or any parcel thereof 5 Eliz. Cap. 8. § 40. N. 1. Fowl And the same Offence c. viz. destroying Phesant Partridge C. 27. § 2. N. 1. c. with Guns or Bows or Nets or Setting Dogs c being prooved by the Confession of the Party or by the Testimony of two sufficient Witnesses upon Oath before two or more Iustices of the Peace of the same County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of Peace for every such Offence committed c. for three Months c. unless the said Offender do or shall forthwith upon the said Conviction pay c. to the use of the Poor of the same Parish the sum of 20 s. for every Phesant Partridge House-dove Pidgeon Hern Mallard Duck Teale Widgeon Goose Heath Rook More-game or any such Fowle and for every Egg of Phesant Partridge or Swans and for every Hare which any and every such person c. shall take kill or wilfully destroy contrary to the true purport c. of this Statute § 5. N. 2. And that all Iustices of Assize in their several Circuits Justices and all Iustices of Peace in their general Quarter Sessions and any two Iustices of Peace or more together out of any Sessions shall and may by force of this present Act have full Power and Authority to examine hear punish and determine all Offences to be committed against this present Statute and to administer Oath as aforesaid and perform and execute all and every Act and Thing fit or requisite for the due Execution of this present Act. § 7. N. 1. And be it also further Enacted c. that it shall and may be lawful Licence to and for every person c. keeping any Hawk c. which at the general Quarter Sessions of the County where he and they shall dwell and shall be licenced to shoot Hail-shot in Hand-guns or Birding pieces at Crow Chough Pye Rook Ringdove Iay or smaller Birds for Hawks meat only to shoot and kill Hawks meat according to the said Licence only C. 29. § 3. N. 1. And be it further Enacted that all Iustices of the Peace Mayors Fish Bailiffs Head-Officers and Constables as well of Cities and Towns-Corporate as in every Counity of this Realm shall have Power and Authority by force of this Act yearly in the time of Lent to enter into all houses of Victuallers and common victualling houses within their Iurisdictions where such Offences viz. dressing Flesh contrary to 5 Eliz. Cap. 5 § 4. N. 1. shall be committed C. 31. § 2. N. 1. Be it therefore Enacted c. that the Mayors Bailiffs Poor Head-Officers and Iustices of Peace of every City Borough Town-Corporate and Places priviledged where any c. are or shall be or any two of them shall have Power and Authority from time to time to tax and assess all and every Inhabitant and all houses of Habitation Lands and Tenements within the said City c. or the Liberties or Precinets thereof at such reasonable Taxes and Payments as they shall think fit for the reasonable relief of such persons infected or inhabiting in houses and places infected in the same Cities Boroughs Towns-Corporate and Places previledged 3 Jac. 4. §. 3. N. 5 And viz the Forfeiture for Recusants not receiving the Sacrament Religion c. to be recovered in any of the Kings Courts of Record at Westminster or before Iustices of Assize or Goal-delivery or before Iustices of Peace at their general Quarter Sessions by Action of Debt Bill Plaint or Information wherein no Essoyn Protection or Wager of Law shall be allowed § 4. N. 1. And be it further Enacted Indictment c. that the Church-wardens and Constables of every Town Parish or Chappel for the time being or some one of them or if there be none such then the Chief Constables of the Hundred where such Town Parish or Chappel is or shall be or one of them as well in Places Exempt as not Exempt shall once in every year present the Monthly absence from Church of all and all manner of Popish Recusants within such Towns and Parishes § 4. N. 2. And shall present the Names of every of the Children of the said Recusants being of the Age of nine years and upwards Infant abiding with their said Parents and as near as they can the Age of every of the said Children as all the names of the Servants of such Recusants at the general or Quarter Sessions of that Shire Limit Division or Liberty § 5. N. 1. And be it further Enacted Peace c. that all such Presentments shall be accepted entred and recorded in the said Sessions by the Clerk of the Peace or Town-Clerk for the time being or his Deputy without any Fee to be had asked or taken for the same § 7. N. 1. And be it further Enacted Pope c. that the Iustices of Assize and Goal-delivery at their Assizes and the said Iustices of Peace at any of their said Sessions shall have Power and Authority by vertue of this Act to inquire hear and determine of all Recusants and Offences as well for not receiving the Sacrament
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
Servant or the Servant may depart from his Master before the end of the Term shall be made at the Quarter Sessions 5 Eliz. 4. § 8. N. 1. Licences CCXXV. Lamb. 601. The Licences for Badgers Drovers c are to be granted at the open Quarter Sessions 5 Eliz. 12. § 4. N. 1. Crumpt 124. Corn. CCXXVI Lamb. 601. And the Prohibition of transporting Corn is to be made by the major Part of the Justice of the Peace at their Quarter Sessions 13 Eliz. 13. § 1. N. 7. Husbandry CCXXVII Lamb. 601. The Offences against the new Statute of Tillage are to be inquired heard and determined at the Quarter or General Sessions 39 Eliz. 2. § 9. N. 1. Poor CCXXVIII 601. 602. If the Parish and Hundred be not able to relieve the Poor of the Parish therein then the Justices of Peace or the greater Number of them may at their General Quarter Sessions rate any other Parishes c. thereunto and they may there by Agreement with any Lord of Wast or Common set up Habitations there for the Poor and place Inmates in the same and they also may at such Sessions Assess the Parents or Children being of sufficient Ability to relieve their Poor and Impotent Children and Parents 39 Eliz. 3. § 1. N. 11. CCXXIX Lamb. 602. The Parties grieved by any Act done upon 43 Eliz. 2. § 6. N. 1. are to be relieved by the Justices of Peace at their General Quarter Sessions and the Father Grand-Father Mother Grand-Mother and Child of the Poor being of a sufficient Ability may there be Taxed towards the relief of the said Poor CCXXX Lamb. 602. The Justices of Peace or the major Part of them may at any Quarter Sessions give order for the Erection of Houses of Correction and for Stocks of Mony and all other things necessary for the same or for the Government thereof and they may Banish or Condemn to the Gallies such Rogues as shall appear to be dangerous 39 Eliz. 4. § 1. N. 2. and may Brand them in the Left Shoulder with a hot burning Iron with a Great Roman R. thereon 1 Jac. 7 § 5 N. 1. Drapery CCXXXI Lamb. 602. The deceitful Users of Logwood for Dying are to be Tryed and Judged to Fine and Pillory at the Quarter Sessions 39 Eliz. 11. § 2. N. 4. Corn. CCXXXII Lamb. 602. The Justices of the Peace or the major Part of them may by their discretions in their Open Quarter Sessions restrain the converting of Barly into Mault 39 Eliz. 16. § 1. N. 1. CCXXXIII Lamb. 603. Wayes They also in their Open Quarter Sessions may convict such as Carry not or pay not towards the amendment of the High-ways in the Weild of Kent Surry or Sussex as this Statute doth appoint 39 Eliz. 19. § 4 N. 4. and the presentment of such Defaults ought to be made by the Surveyors of High-ways at the next Quarter Sessions after such default CCXXXIV Lamb. 603. Licence may be given in the Quarter Sessions to shoot Hayle-shot in a hand Gun for Hawks meat only License the Party licenced becoming bound in Recognizance of xx l. to shoot but only according to this Statute 1 Jac. 27. § 7. N. 1. CCXXXV Lamb. 603. Drapery The Offences against the Statute of deceitful stretching and tentoring of Northern Cloths are inquirable and determinable before the Justices of the Peace at their Quarter Sessions and those Defaults are to be presented by the Overseers at the next Quarter Session after such default made 39 Eliz. 20. § 10. N. 1. CCXXXVI Lamb. 603. Poor The Assignment and Revocation of Pensions for dissabled Soldiers and Mariners must be made by the major Part of the Justices of Peace at the Quarter Sessions and they may there set Fine upon the Treasurer that shall willingly refuse to pay any of the same Pensions 43 Eliz. 3. § 3. 1. CCXXXVII Lamb. 603. Wine The Assignment of such as shall keep any Tavern to uttter Wine by 7 Ed. 6. 5. § 3. N. 6. ought to be made at the General Sessions but is otherwise used by Special Grant CCXXXVIII 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. § 22. N. 1. 18 Eliz. 3 § N. CCXXXIX Lamb. 604. Purveyours The Dockets of Purveyors ought to be delivered over to the Justices of the Peace at the next General Sessions 2 3. Ph. Mar. 6. § 6 N. 1. CCXL Lamb. 604 A Decree may be made at the Quarter Sessions Poor for the continuance of a Cottage that hath not four Acres of Ground and there may the Justices inquire hear and determine of Cottages and Inmates 31 Eliz. 7. § 4. N 1. CCXLI. Lamb. 604. The Conviction of a Clothier Drapery or other upon his own Confession or Proof by two lawful Witnesses for not paying so great Wages to their Shearers c. as shall be set down according to the true meaning of this Act may be before the Justices of Peace in their Quarter Sessions and the Forfeiture of ten Shillings by this Statute given to the Party grieved may be levied by distress and sale of the Offenders Goods by Warrant from the said Justices 1 Jac. 6. § N. CCXLII. Lamb. 604. 605. All Offences against any Statute Games for not using any lawful Game or using any unlawful Games or for not having Bows and Arrows according to the Law or for using any Art or Mystery in which the Party hath not been brought up according to the Statute thereof shall be Sued or otherwise inquired of heard and determined in the Quarter Sessions of the Peace or Assizes of the Shire where they shall be committed or in the Leet within the which they shall happen 31 Eliz. 5. § 7. N. 5. CCXLIII Lamb. 605. The Act of rebellious Assemblies Riot or the effect thereof ought to be openly read at every Quarter Sessions 1 Mar. 1. St. 2 cap. 12. § 16. N. 1. Crumpt 123. b. § 15. 124 b. CCXLIV Lamb. 605. Sheriffs The Justices of Peace have Power in their Open Sessions to inquire hear and determine the defaults of under-Sheriffs Clerks of Sheriffs or under-Sheriffs and of Bailies c. in not taking the Oaths appointed by the Statute 27 Eliz. 12. § 6. N. 1. Pope CCXLV Lamb. 605. The Abjuration of a Seditious Sectary ought to be made in the Open Quarter Sessions of the Peace and there to be entred of Record and the Place certain and Name of a Popish Recusant limited by this Statute unto a place ought to be certifyed 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 Rolls of the Sessions by the Clerk of the Peace 35 Eliz. 1. § 2. N. 1. Pope CCXLVI Lamb. 605. The Penalties forfeited by a
and Skill in his Majesties Ecclesiastical Laws of this Realm now in Force So help you God XVI Kilb. Presidents 2 Edit 239. 24. Constable The Oath of an High-Constable You shall swear That you shall well and truely serve our Soveraign Lord the King in the Office of High Constable of the Hundred of A. 2. You shall see and cause his Majesties Peace to be well and truely kept and preserved according to your Power 3. You shall Arrest all such Persons as in your sight and presence shall Ride or go Armed offensively or shall Commit or make any Riot Affray or other breach of his Majesties Peace 4. You shall do your best endeavour upon Complaint made to apprehend all Felons Barretors Rioters or Persons Riotously assembled and if any such Offenders shall make Resistance with Force you shall levy Hue and Cry and shall persue them until they be taken 5. You shall do your best endeavor that the Watch in and about your Hundred be duely kept for the Apprehending of Rogues Vagabonds Night-walkers Eves-droppers Scouts and other suspected Persons and of such as go Armed and the like 6. And that Hue and Cry be duely raised and persued according to the Statute of Winchester 13 Ed. 1. St. 2. Cap. 1. c. against Murtherers Thieves and other Felons 7. And that the Statutes made for punishment of Rogues and Vagabonds and such other idle Persons as come within your Bounds and Limits be duely put in Execution 8. You shall have a watchful Eye to such Persons as shall maintain or keep any Common house or place where any unlawful Games 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 9. 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. 4 Jac. 21 Jac. c. to restrain the Inordinate haunting and Tipling in Inns Ale-houses and other Victualling-houses and for repressing of Drunkenness 10. You shall there likewise true Presentment make of all Blood-sheddings Affrayes Outcries Rescues and other Offences committed or done against the Kings Peace within your Limits 11. You shall once every year during your Office present at the Quarter-Sessions all Popish Recusants within your Liberty and their Children above Nine years old and their Servants scil their Monthly absence from Church 3 Jac. 4. § N. 12. You shall well and truely Execute all Precepts and Warrants to you directed from the Justice of the Peace of this County or higher Officers 13. You shall be aiding to your Neighbours against unlawful purveyances 14. In the time of Hay or Corn Harvest upon request you shall cause all Persons to meet to serve by the day for the Mowing Reaping or getting in of Corn or Hay 15. You shall in Easter Week cause your Parishioners to chuse Surveyors for the mending of the High-wayes in your Parish or Liberty 16. And you shall well and truely according to your knowledge power and ability do and Execute all other things belonging to the Office of Constable so long as you continue in the said Office So help you God Oats see Corn. Obedience see Oath and Pope Obligation see Recognizance Bail Office of the Justice see Justices Officer I. LAmb. 424. Enquiry at Sessions if any Ordinary Arch-deacon Official Sheriff Escheator Coroner Under-Sheriff Bayliff Goaler or other Officer have by colour of his Office or for doing his Office taken a greater or more excessive Reward or Fee then belongeth to him or have taken any Fee or Reward for Expedition in doing his Office or have unlawfully exacted any Oath or other undue thing II. Lamb. 431. Enquiry in Sessions if any Officer have in any Town taken Scavage or Shewage that is to say any thing for the shewing of Ware or Merchandize that be truely accustomed to the King before 19 H. 7. 8. § N. Oyles see Merchants Measures One Justice see Justices Oppression see Fees Omission see Amendment Orchards see Trespass Orders of Sessions see Justices Ordinary Ecclesiastical Persons Clergy I. LAmb. 4. Cap 3. pag. 391. Justices But the Ordinary oweth not his attendance at any Sessions of the Peace as he doth at every Goal Delivery in the opinion of Mr. Marrow Indeed he is not warned by the Common form of Precept and therefore cannot so conveniently take knowledg of the Sessions of the Peace howbeit I think he ought to serve when he shall be called for matter of Clergy II. Lamb. 543. The Justices of Peace may give Clergy to a Felon if the Ordinary or his Deputy be present to take him but if they be absent he must be reprieved because as Marrow saith these Justices can set no Fine upon the Ordinary for his absence no more then if he will accept one to read as a Clerk wherein truth he cannot read at all Clergy Br. 7. but if you look on Stanff 2. Cap. 25. fol. he will perswade you that the Ordinary is not the Judge but a Minister in the Tryal of Clergy and that Clergy may lawfully be given and allowed in his absence So Poult de pace 214. pl. 36. c. III. Lamb. 544. Marrow saith also that if Bigamy that ungodly and Popish Counterplea had been alledged against one that prayed his Clergy the Justices of Peace could not have written to the Ordinary to certifie the same IV. Lamb. 580. And the Clerk of the Peace must also deliver unto the Ordinary a transcript of Clerks Convicted or attainted before the said Justices 34 H. 8. 14. § 2. N. 1 but enquire whether this be needful at this day by reason that Clerks be not now delivered to the Ordinary by 18 Eliz. 7. § N. Poult de Pace 217. pl. 43. Overseers see Poor Ouster le mere see Merchants Pannels see Inquest Pardon I. LAmb. 552. If a General Pardon by Parliament of all Persons make special Exception of some Amerciam then must the Prisoner alledge that he is none of those that be excepted unless the Act it self do say that he shall be holpen by it without any such pleading 11 H. 4. 39. Stanff 103. Crumpt 115. b. § 13. II. Lamb. 552. Touching this sort of Pardon Treason c. the Servant that had killed his Master was Indicted of voluntary Murther without proditoriè and was thereupon Arraigned and found Guilty but because the Offence was Pety Treason indeed and Pety Treason was then Pardoned by Parliament 5 Eliz. tho Murder was therein excepted Justice Welsh thought it meet to reprieve the Prisoner without giving Judgment upon him Dyer 235. pl. Crumpt 115. § 9. Relation III. Lamb. 552. A man stroke another in February 13 Eliz. whereof he died in June next following in which mean while all Felonies Offences Injuries and Misdemeanors were pardoned by Parliament and he was discharged by that Pardon because the stroke was the
Testimonium has literas nostras fieri fecimus patentes Teste me ipso apud Westminster Septimo die Novembris Anno Regni nostri tricesimo BARKER 2. Note that in one Englefields Case on an Indictment of Premunire for refusal to take the Oath of Supremacy in Pasch 33 Car. 2. in B. R. upon a special Verdict out of Berks on the like Commission it was adjudged good de omnibus singulis generally on 1 Eliz. 1. § 19. N. 3 c. II. At the Court at White-Hall Jan. 17. Anno 1678 Alien c. There having been lately presented by the Justices of the Peace six Quaeries to His Majesty in Council viz. 1. Whether Foreigners Popish Recusants that are and have long been here setled House-Keepers and are Tradesmen viz. Chirurgions Taylors Perywig-makers or Ordinary Shop-Keepers following Imployments for their own advantage but not otherwise Merchants but are certified to be Merchant Strangers shall be excused from taking the Oaths or finding sureties or either of them 2. Whether such Foreigners being certified by Ambassadors or other Foreign Ministers to be their Servants at this time shall be excused 3. Whether Foreigners Popish Recusants setled here House-Keepers but neither are Tradesmen Travellors or Foreign Ministers Servants shall be excused 4. VVhether native Subjects of our Soveraign Lord that are Menial Servants of Foreign Ministers shall be excused 5. VVhether Married VVomen being Popish Recusants but their Husbands Protestants shall be excused 6. VVhether Popish Recusants that have taken the Oaths found sureties have appeared and are convict shall find new Sureties or be continued over And His Majesty having from the Judges to whom the same were referred received answer in writing in the words following May it please your Majesty we have met and considered of the Questions proposed to us and do hereby humbly return our opinions To the first we are of opinion 1. That Foreigners being Popish Recusants and exercising ordinary Trades but not Merchants are not excused from taking the Oaths or finding securities 2. To the second that Foreigners tho certified by Ambassadors to be their Servants except they are their Menial Servants are not excused 3. To the third that Foreigners tho setled House-Keepers being no Travellors or foreign Ministers Servants are not excused 4. To the fourth that the Kings Native Subjects are not excused from taking the Oaths by being Menial Servants to Foreign Ministers 5. To the fifth we find no law that excuseth a Feme-Covet being a Papist from taking the Oaths tho her Husband be a Protestant 6. To the sixth that a Popish Recusant having taken the Oaths is not bound to find new sureties unless upon a new tender of the Oaths he shall refuse to take them All which with great humility we submit to your Majesties Judgement William Scroggs Ch. J. B. R. Fran. North Ch. J. C. B. Will. Mountague Ch. Baron Robert Atkins C. B. V. Bertye Esch or C. B. Fra. Bramston Esch Will. Wild B. R. Tim. Litleton Esch Hugh Windham C. B. Tho. Jones B. R. Will. Dolben B. R. His Majesty is Graciously pleased to approve the said report and opinion of his Judges and did this day order as it is hereby ordered accordingly that the Justices of the Peace in their respective Precincts do in Execution of their duties touching the particulars there mentioned take notice of the same and conform themselves thereunto and this order is to be sent to the Custos Rotulorum of Each County that he may give information of the same see 3 Jac. 5. § 5. N. 1. Infra 219. R. Southwel Days III. The Laws c. 13. 14. Abr. 7. The half year here mentioned 1 Eliz. 1. § 31. N. 2. is not to be understood of six months as Wingate Crown 10 mistakes which is in Law to be accounted secundum numerum singulorum dierum allowing twenty eight days to every month and not according to the solar month nor according to the Kalendar unless it be on 13 Ed. 1. W. 2 cap. 5. § N. for the lapse in Quare Impedit and by 2 3 Ed. 6. 13. § N. of proving a suggestion 1 Inst 135. and 2 Crook 166 167. B. of Peterborough vers Catesby Yelverton 100. Catesby vers Baker and Hob. 179. Coply against Collins But the half year in 1 Eliz. 1. § 31. N. 2. is to be understood according to the Kalendar Infra pl. 65. Process IV. The Laws c. 14. Abr. 8. Sir Edw. Coke 4 Inst 331. in his Construction of 1 Eliz. 1. § 31. N. 2. saith that no persons shall be impeached for any of the offences by preaching teaching or words unless they be lawfully indicted within the space of half a year but yet it seemeth that the words of the Statute will not bear such a Construction neither if they did is it Law at this day nor was then when the Institutes were wrote 1. For that 1 Eliz. 1. § 31. N. 2. refers only to the Case of Imprisonment that where the Offender by preaching teaching or words is Imprisoned and is not Indicted within half a year after the offence committed he shall be set at liberty and shall be no longer detained in prison for any such cause or offence and this was done in favour of liberty and to prevent a long Imprisonment upon a malicious and groundless accusation but there is no colour to extend the words to the Offender who was never Imprisoned altho the offence was by preaching teaching or words only 2. Put the Case that an Offender by preaching teaching or words had been Imprisoned within the half year yet it seems very questionable whether at the half years end when he was set at liberty as he ought to be by 1 Eliz. 1. § 31. N. 2. if he be not in the mean time indicted he should have been clearly discharged by this Act from any prosecution during the half year then next following for altho it be said he shall be no longer detained in prison for any such cause or offence yet that seems to refer only to his Imprisonment before Conviction and detained imports as much viz. that he should not be continued or remain in the same Imprisonment which he suffered within the first half year before any Indictment was found against him but not that he should not be indicted afterwards within the compass of the year and if found guilty suffer the Imprisonment and other penalties inflicted by this Act and it might so have happened that an offender by preaching teaching or words might have been accused taken and Imprisoned a day or two before the half year next after the offence expired in which Case it cannot be thought to be the meaning of the makers of the Law that by his Imprisonment for a day or two he should escape the penalties of the Law and could not be afterwards indicted within the compass of the year and yet in that Case he ought to be set at liberty by the express words
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
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.
full Term next after the Forty days on pain of C l. by every Justice of Peace before whom it s taken and that doth not make such Certificate 5 Eliz. 1. CXXIX Crumpt 169. Accessory Enquiry at Sessions if he that hath received any Agnus Dei Pictures Beads Crosses or such like superstitious and vain things mentioned in 13 Eliz. 2. § 7. N. 2. to be used or worn in any manner within any of the Kings Dominions contrary to the said Statute and doth not deliver it to a Justice of Peace of the same County within a day after the receit thereof And also if he doth not apprehend him who so offered it if he be of power to do so Or if he be not of such Power if he doth not disclose his name and place of his habitation or of abode which he hath endeavoured to know to the Ordinary of the same Dioces or to a Justice of Peace of the same County within three days after such offer he shall incur the pain of 16 R. 2. 5. § 2. N. 6. of Praemunire Dalt 105. cap. 45. CXXX Crompt 193 b. Church It must be enquired within the year and day of such who being above Sixteen years old absent themselves from Church for a month or for a year contrary to 23 Eliz. 1. § 8. N. 1. CXXXI Lambert 582. Oath 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 35 Eliz. 1. § 2. N. 3. Submission CXXXII Dalt 104. cap. 45. Any one Justice of Peace may require the submission and declaration of Conformity to his Majesties Laws of Recusants and Sectaries within three Months after their Conviction c. and in default of such Submission may require them to abjure the Realm which Abjuration notwithstanding shall be in open Sessions 35 Eliz. 1. § 2. N. 1. Lambert 333 334. Supra Religion CXXXIII Dalt 105. cap. 45. Also this repairing to Church 1 Eliz. 2. § 14. N. 1. 23 Eliz. 1. § 5. N. 1. 3 Jac. 4. § 27. N. 1. every Sunday must be as well to Evening Prayer as to Morning Prayers for it ought to be an intire Day and an intire Service and so Sir Richard Hutton one of the Justices of C. B. did deliver it in his Charge at Cambridge Lent-Assizes 1 Car. 1. and therewith agreed Sir Robert Bartlet at Summer Assizes 9 Car. 1. Dalt Edit 1666. pag. 134. cap. 52. Licence CXXXIV Dalt 379. cap. 124. A Licence for a Recusant to travel c. Supra not sufficient Whereas R. C. of L. in the County of C. being a Recusant Convicted hath confined himself to L. aforesaid being the usual place of his abode according to the Statute made in the Five and thirtieth year of the Reign of our late Soveraign Lady Queen Elizabeth 35 Eliz. 2. § 12. N. 1. Know ye that we c. five of the Kings Majesties Justices of the Peace within the said County do by the Consent of the Right Reverend Father in God Nicholas by Gods Providence Lord Bishop of Ely at the request of the said R.C. for the dispatch of his urgent and necessary business grant and give licence to the said R. C. to travel out of the Precincts or Compass of Five miles limited by the said Statute at all times until the first day of November next coming Rome and at the said first day of November to return again to L. aforesaid In Witness c. 3 Jac. 5. § 6. N. 4. CXXXV Lambert Precedents 1 pl. 2. An Indictment for extolling the Authority of the Pope Juratores super Sacrament ' suum present ' pro Dom. Rege quod J.S. de C. in Com. predict ' Clericus xx die mensis Aprilis An. Regni Serenissimi Dom. nostri Jacobi Dei Gratia Angliae Franciae Hiberniae Regis Fidei Defensoris c. apud D. in Comitatu predict ' scienter consideratè malitiose directè palam in presentia multorum dicti Domini Regis nostri nunc subditorum affirmavit defendit Autoritatem Papae Romani Ecclesiasticam in hoc Regno Angliae preantea usurpatam Hiis expressis verbis Anglicanis seqentibus viz. I swear by the blessed Mass and will avow that our holy Father the Pope of Rome is the Supream Head of the Church of England In magnam derogationem Regiae Autoritatis Prerogative dicti Domini Regis nostri ac contra Coronam Dignitatem suam nec non contra formam diversorum Statutorum in hujusmodi casu editorum provisorum Quod A. B. de D. predict ' in Comitatu predict ' Wax-chandler sciens predict ' J.S. dicta verba locutum esse ac dicti Papae Autoritatem modo forma ut prefertur defendisse ipsum J. S. apud D. predict ' postea scil secundo die dicti Mensis Aprilis An. supradicto consolatus est comfortavit ex industria ex proposito ad eam intentionem ut idem A. B. promoveret efferret prefatam dicti Papae Autoritatem usurpatam in pernitiocissimum aliorum exemplum ac contra Coronam Dignitatem dicti Domini Regis nostri nunc ac etiam contra formam diversorum Statutorum in ejusmodi casu provisorum editorum West Symbol 2 part 131 b. Sect. 210. Rome CXXXVI Lambert Precedents 1 b. pl. 3. A Presentment for absolving from the Kings Obedience Inquiratur pro Domino Rege si A. B. de C. in dicto Comitatu Clericus sexto die Mensis Maij Anno Regni Domini nostri Jacobi Dei Gratia Angliae Franciae Hiberniae Regis Fidei Defensoris c. apud C. predict ' in Comitat ' praedict ' voluntariè proditoriè conatus est procuravit absolvere persuadere seducere quandam Johannam W. de C. predict ' in Comitatu predict ' viduam à naturali obedientia subjectione sua Quam eadem Johanna erga dictum Dominum nostrum Regem gerere debet ad obediendum pretensae Autoritati Sedis Romanae tunc ibidem proditoriè prae se ferens asserens se habere potestatem fa cultatem id faciendi tunc ibidem proditoriè dicens eidem Johanni in his Anglicanis verbis sequentibus Mother Jone you shall have a black Soul I tell you if you do not the sooner forsake the King Innuendo predict ' Dominum nostrum Regem nunc and his Heirs and yield your self to the obedience of our Mother Church the holy See of Rome ac contra Pacem dicti Domini nostri Regis Coronam Regalem Dignitatem suam ac contrà formam Statuti in Parliament ' Dominae Elizab. nuper Reginae Angl. tento apud Westm in Com. Middlesex Anno Regni sui vicessimo tertio in hujusmodi casu provisi ac editi West Symbol 2 part 132. Sect. 211. CXXXVII Lambert Precedents 2. pl. 4.
Green-wax See Process and Seals H HAbeas Corpus See Imprisonment Hares See Forest Harvest See Poor Hawks See Fowl Hay and Oats See Corn Hostler Hearing See Justices Tryal Hedge-breakers See Trespass Herring See Fish High-wayes See Wayes Homicide See Coron Horses See Cattle Horse-bread See Corn. Hospital See Poor Horn See Trades Hunting See Forrest Husband See Bar. Feme Hue and Cry See Fresh Suit Hand Guns See Games and War Shooting Harborers see Hostler Houses of Correction See Poor Harness See War Hundred See Franchises Sheriffs Constable Hydes See Leather Headboroughs See Constable Husbandry Hatts See Apparel Hearth-money See Taxes Hostler I JEsuits See Pope Indictments Information See Action â—ur Statute Ingrossing See Market Overt Inn-keeper See Hostler Inn-holder See Hostler Inrolement Iron works See Mettle Jurisdiction See Justices Justices Issues See Inquest Forfeiture Judgment See Justices Juglers See Games Jurors See Enquest Imbezilment See War and Records Imbraceors See Inquest and Maintenance Infants See Enfants Imprisonment Incontinency See Bastardy Inmates See Cottages Inquest See Enquest Ideot Incumbent See Encumbent Images See Religion Inventories See Ordinary Infidel See Religion Jews Intendant Jews See Religion Idlers See Poor K KIng See Prerogative Killing See Error Kidders See Corn Cattle Kings-Bench See Justices Certiorari L LAborers See Apprentice Larceny See Coron Leather License Livery See Maintenance Logwood See Drapery Law See Pleading Leet Lent See Dayes Fish Religion Libels See Slander London See Franchises Justices Lunaticy See Infant Leap Year See Dayes Linnen Cloth See Drapery Liberties See Franchises Lying in wait See Coron Long Bows See Games Loyterers See Poor Lords Day See Dayes Religion Ladder See Corn. Latten See Mettle Letters of Administration See Administration Lace See Drapery and Merchants Letters See Wayes Liquors See Ale M MErchants Marriage Masons Mainprise See Bail Maim See Affray Trespass Mavet See Corn. Man-slaughter See Coron Mass See Pope Master See Apprentice Menace See Affray Mean Acts See Dayes Minstrels See Games Misprision See Treason Mitigation See Amerciament Forfeiture Mittimus See Imprisonment Mortuary See Tythes Multiplication see Money Murder see Coron Militia and Musters see War Maintenance Market Overt Measures Milch Kine see Cattle Menace see Affray Mariners see Admiral May-Poles see Games Millers see Corn. Ministers see Ecclesiastical Persons Religion Mis-feasans see Officer Messages see Wayes Monasteries see Abbey Month see Dayes Marches see Wales Marshalsey see Coron Marshes see Husbandry Money Mettle Malice see Intendant N NOsme and Name and Addition Next Justice see Justices Noble see Dignity Peers Notice Nets see Fish News see Slander Night-walkers see Coron Night see Dayes Non sane memory see Enfant Nusance Navy see Admiral Ships O OAth Obligation see Bail Recognizance Offices of the Justice see Justices Officer Ordinary Oppression see Fees Orders of Sessions see Justices Overseers see Poor Oats and Oat-meal see Corn. Obedience see Oath and Pope Orchards see Trespass Oyles see Marchants Measures Ouster le mere One Justice see Justices Omission see Amendment P PArdon Parson see Encumbent Partridges see Fowl Parks see Forrest Peace Pedlers see Poor Peers see Dignity Penal Laws see Information Perjury see Oath Pety Larceny see Coron Trespass Pety Treason see Treason Physicians Plague see Poor Playes see Games Plaints see Information Poor Pope Pourdike see Sewers Power of the County see Force Power see Authority and Justices Possession see Seisin Execution Poysoning see Coron Homicide Preachers see Encumbent Religion Premunire see Pope and Coron Presentment see Indictment Priests see Pope Privy Sessions see Justices Priviledge Peers see Dignity Prisoners see Imprisonment Proclamation see Notice Process Promoters see Information Prophesying see Conjuration Punishment Pain and Penalty see Forfeiture Purveyors Putting out Eyes c. see Trespass Pewter see Mettle Principal and Accessory see Accessory Coron Pleading Pannel see Enquest Pictures see Religion Ponds see Sewers Precept see Process Pensioners see Poor Pillory see Coron Pound see Replevin Pursuit see Fresh Suit Proof Pety Constables see Constable Parliament Paving see Wayes Poulterers see Fowl Parishes see Poor Pyracy see Admiral Plow-land see Husbandry Posse Comitatus see Sheriffs Riot Presumption see Intendant Post Office see Wayes Property see Chattels Pety Sessions see Constable Q QUarter Sessions see Justices Quorum see Justices Quakers see Religion Quarelling see Affray R RApe See Coron Women Ravishment See Coron Women Recognizance Records See Justices Regrator See Market Overt Release See Peace Recognizance Replevin See Bail Cattle Process Request see Process Restitution see Force Rescous See Escape Imprison Force Resistance See Escape Imprison Force Rewards see Pain Riot and Rout. Rivers see Sewers Rogues see Poor Robery see Coron Fresh Suit Rome see Pope Razure see Records Recusants see Pope Rates see Taxes Poor Reconciliation see Pope Religious Houses see Abby Return see Certificate Religion Rebellion see War Riot Removal see Poor Settlement Relation see Days Reparation see Ways Ransom see Amerciament Revenue see Taxes Recordare and see Certiorari Removing see Certiorari R SAcrament see Religion Sabbath see Days Sanctuary see Coron Salmons see Fish Scavage or Shewage see Merchants School-Masters see License Seals see Deeds Seisin see Force Seminaries see Pope Sermons see Religion Servants see Apprentice Sessions see Justices Pety-Sessions see Constab Sewers Sheep see Cattle Sheriffs Shoomakers see Leather Soap see Measures Markets Soldiers see War Shooting Star-Chamber see Riots Statutes see Parliament Subpoena see Process Subsidy see Taxes Suggestion see Inormat Supremacy see Oath Supersedeas Sutety see Bail Recognizance Suspicion see Intendment Coron Swearing see Oath Subornation see Proof Oath Sedition see Slander Silk see Drapery Strangers see Alien Sacriledge see Coron Saltpeter see War Sectaries see Religion Shooting see Games War Stoln Goods see Larceny Coron Stewards see Leet Stock see Account Poor Taxes Summons see Process Warrant Sunday see Days Religion Supplicavit see Peace Swans see Fowl Searchers see Merchants Se defendendo see Coron Setlement see Poor Slander Stocks see Imprisoment Submission see Pope Suits see Information Surplusage see Account Supervisors see Poor Ways Spinsters see Drapery Wool Scotland Ships Shipwright Seamen see Admiral Silver see Mettle Stabbing see Coron Smoak-mony see Taxes Skinners see Leather Strays see Chattels Coron Stealing see Larceny Coron Striking see Affray T TAnners see Leather Taverns see Wine Testimonial see Poor Thirdboroughs see Constable Tillage see Husbandry Tile-making see Masons Tinkers see Poor Tythes Toll see Market Overt Taxes Traverse see Pleading Treason Trespass and Affray Tryals see Proof and Process Troop see Riot Truce see Admiral Turn see Sheriffs Tales see Enquest Trunks see Fish Taxes Tales see Slander Theft see Coron Transportation Ouster le mere Travelling see Ways Tipling see Ale Tokens see Forgery Collusion Trades see Apprentice Treasure see Mony Threats see Dures Affray Tinne see Mettle Tobacco see Husbandry Merchants Timber see Wood. Tumult see Riot Two and Three Justices see Justices U VAgabonds and Vagrants see Poor Venire facias see Enquest Process Vessels see Measures Victuals Unlawful Assemblies see Riot Unlawful Games see Games Under-Sheriff see Sheriff Universities see Franchise Usury Utlary Vi laica see Force Undertakers see Purveyors Villain see Poor Upholster see Drapery Violence see Affray W WAges see Apprentice Fees Wainlings see Cattle Warrants see Process Warrenors see Forrest Wax Weapons see War Weights see Measures Witchcraft see Conjuration Wines Woad see Drapery Woods Wooll see Drapery Women Watch and ward see Fresh Suit Wild-fowle see Fowle Way-laying see Coron Wayes Wagoner Waynes Watermen see Sewers London Wears see Sewers Witness see Proof Wales Writs see Process Waifs see Chattels Coron Weavers see Drapery Workmen see Apprentice Wife see Bar Feme Y YArn see Drapery Year see Dayes FINIS
Recusant Forfeiture c. which shall have any such Armor c. shall refuse to declare or manifest unto the said Iustices of Peace or any of them what Armor he she or they have or shall have or shall let hinder or disturb the delivery thereof to any of the said Iustices or to any other person c. Authorized by their Warrant to take and seize the same then every such person so offending contrary to this Statute in this behalf shall forfeit and lose to the Kings Majesty his Heirs and Successors his and their said Armor c. and shall also be Imprisoned by Warrant of or from any Iustices of Peace of such County by the space of three months without Bail or Mainprize C. 10. § 1. N. 2. Be it Enacted c. that all Imprisonment c. that c. shall be Committed to the Common or usual Goal within any County or Liberty within this Realm by any Iustice or Iustices of the Peace for any offence or misdemeanor to any such Goal that the said person c. so to be committed c. having means or ability thereunto shall bear their own reasonable charges for so conveying or sending them to the said Goal and the charges also of such as shall be appointed to Guard them to such Goal and shall so Guard them thither § 1. N. 3. And if any such person c. so to be committed Process c. shall refuse at the time of their commitment and sending to the said Goal to defray the said charges or shall not then pay or bear the same that then such Iustice or Iustices of the Peace shall and may by writing under his or their Hand and Seal or Hands and Seals give Warrant to the Constable c. of the Hundred or Constable or Tythingman of the Tything or Township where such person or persons shall be dwelling and Inhabit or from whence he or they shall be committed as aforesaid or where he or they shall have any Goods within the County or Liberty to sell such and so much of the Goods and Chattels of the said persons so to be committed as by the discretion of the said Iustice or Iustices of the Peace shall satisfie and pay the charges of such his or their conveying and sending to the said Goal the appraisement to be made by some of the honest Inhabitants of the Parish or Tything where such Goods or Chattels shall remain and be and the overplus of the mony which shall be made thereof to be delivered to the party to whom the said Gooods shall belong § 2. N 1. And be it further Enacted c. that if the said person Taxes c. so to be committed c. shall not have or be known to have any Goods or Chattels which may be sold for the purpose aforesaid within the County or Liberty that then an indifferent Tax or assessemement shall be made by the Constables and Church-wardens and two or three other the honest Inhabitants of the Parish Township or Tything where the said Offender c. shall be taken or apprehended the said Taxation being allowed under the hand of one or more Iustice or Iustices of the Peace if there be such Constables or Church-wardens there Inhabiting and in default of them by four of the principal Inhabitants of the said Parish Township or Tything where such Offenders shall be taken or apprehended § 2. N 2. And if any so Taxed or assessed Justices shall refuse to pay their said Taxation then the Iustice or Iustices by whom the said offenders shall be committed c. or any other Iustice of Peace near adjoyning shall and may give Warrant as aforesaid to the Constable Tythingman or other Officer there to distrain the Goods of any so assessed which shall refuse to pay the same and to sell the same C. 12. § 2. N. 3. The said forfeitures Fish viz. For Fishing within five Miles of Haven with Net under three Inches meash c. to be levyed c. by the Mayor Bailiff or other Head-Officer of every City Borough or Town Corporate and by Warrant of one or more Iustices of Peace c. C. 13. § 3. N. 1. And be it likewise Enacted Forest c. that the Iustices of Oyer and Terminer Iustices of Assize in their Circuits and Iustices of Peace and Goal delivery in their Sessions shall by vertue hereof have power and Authority to enquire hear and determine all and singular the said offences viz. Of breaking Grounds inclosed in the day or killing Deer or Connies in the night by Examination of the Offenders and to make and award Process thereupon as well upon Indictments taken before them as by Bill of Complaint Information or any other Action in which Suit or Action no Essoyn Wager of Law or Protection shall be allowed Damages And be it also Enacted § 4. N. 1. c. that it shall and may be lawful to the Party grieved to sue and take his further remedy against all and every such Offender c. viz. in breaking Grounds inclosed in the day or killing Deer or Conies in the night c. for his loss and damages and to recover the treble value of the same in that behalf as well before the Iustices of Oyer and Terminer Iustices of Assize in their Circuits and Iustices of Peace and Goal delivery in their Sessions or elsewhere in any other the Kings Majesties Courts of Record at Westminster Behavior And that upon true satisfaction of the said treble Damages to the Party grieved § 4. N. 2. or upon the Confession or Acknowledgement thereof by the said Party offending before the Iustices in open Sessions holden for the County wherein the same Offence shall be committed it shall be at the liberty of the said Party grieved to whom the said Offence shall be committed to release at his pleasure the Surety-ship of the Good-behavior at any time within the said seven years or before c. Release And be it further Enacted c. that if any § 6. N. 1. c. at any time hereafter shall fortune to be bound before any the Iustices before mentioned to the King his Heirs or Successors for his or their good abearing for seven years c. and the same Party so bound shall afterwards within the said seven years come before the Iustices of Peace of the said County where the Offence was committed or some of them in open Quarter Sessions and there in the said Sessions confess and acknowledge his or their said Offence c. and that he or they is or are sorry therefore and satisfie the Party or Parties grieved according to the tenor of this Act that then the same Iustices before whom the said Confession shall be so made shall and may have Power c. in the same open Sessions or in any other Sessions afterwards to be holden before the said
to be entred of Record and the place certain and name of a Popish Recusant limired by the Statute unto a place 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 Rolls of the Sessions by the Clerk of the Peace 35 Eliz. 1. § N. 35 Eliz. 2. § 9. N. 1. Sanctuary XIV 3 Inst 115. cap. 51. Abjuration was so intricated by 22 H. 8. 14. and other Statutes that all stood repealed by 1 Jac. 25. § 14. N. 1. whereby the ancient Common Law concerning Abjuration for Felony was revived but by an Act viz. 21 Jac. 28. § 7. N. 1. no Sanctuary shall be allowed by which Act such Abjuration as was by the Common Law founded upon the Priviledge of Sanctuary is wholly taken away Abjutation XV. Poult de pace 189 190. § 2 10 c. and in Stamf. 2. cap. 39 fol. 116 the manner of Abjurations Bract. 135. b. 136. e. 3 Inst 217. Absolution see Pope Accessary Accessary Abettors Principal Coron Bayle I. STamf 2 cap. 18. fol. 71. the Accessary is Repleviable by the Common-Law until the Principal be Attaint but not afterwards by some Books as appears by Bract. 2. And Britton 43. and the Register 270. which say that the Accessary shall be left to Mainprise until the Principal be Attaint Ergo after the Principal is Attaint he shall no more be let to Mainprise but detain'd in Prison and with this agrees 27. Ass Coron 200. Trin. 28. Ed. 3. Mainprise 3 where one of the Principals was Attaint the other not also it was after Plea Pleaded and yet Mainprise would not be granted but yet since this time the Law hath been put in use to the contrary M. 40 Ed. 3 28. and P. 43 Ed. 3. 16. and the reason seems to be one 3 Ed. 1. W. 1. cap 15. § 1 N. 4. Exposition II. Stamf. fol. 71. ibid. which Statute viz. 3 Ed. 1. W. 1. cap. 15. § 1. N. 4. is taken o favourably as to the Accessary that they let to Bail those who are Indicted of Abetment Consent and Procurement and yet such manner of Accessaries are not expresly contained in the said Statute as it 's noted also in the Register 270. And so note that the Accessary as well in case of the Death of a Man as in case of any other Felony is to be let to Mainprise Coron III. Lamb. 2. cap. 7. pag. 281. But for as much as it is evident by many Books viz. 7 H. 4. 27. 11 H. 4. 13. and 10 Ed. 4. 14. and 21 Ed. 4. 71. and Coron 309. 314. 350. 433. c. that the Law is otherwise taken viz. then Stamf. 7. at this day touching them that to be of Society with the Principal and be also present with him that doth perpetrate the offence c. eased of that labour Poult de pace 144. § 23. Statutes IV. Lamb. 2. cap. 7. pap 282. and albeit the first of these Questions viz. Whether there may be Accessaries to such Felonies as were not at the Common-Law but were afterwards created Felonies by Statutes unless the same Statutes do especially appoint it might have received the more easie resolution for that all such as do Evil or procure any Felony to be done are the very cause thereof so as without them it is to be thought that it should not have been committed yet they of the Parliament House have in the making of sundry new Felonies thought it convenient for the avoiding of all doubt to comprehend in plain Speech the Accessaries both before and after So 1. Mar. 1. St. 2. cap. 12. § 22. N. 1 of Rebellious Assemblies and 1. and 2. Ph. and Mar. 4. § 8. N 2. of Egyptains c. Poult de pace 144. § 25. 26. 8. 14. Eliz. 5 § 7 N. 1. V. Lamb. 2 cap. 7. pag. 282. ibid. and this caused Mr. Stamford 44. to write Intendment that there could be no Accessaries after the Offence to the Felony 8. H. 6. 12. of Imbezeling Records nor to 33. H. 8. 8. of Conjuration because those two Statutes have no express mention but only of the Accessaries before the offence committed and that there could be no Accessaries at all 3 H. 7. 2. because thereby the procurers Abbettors and Relievers are adjudged to be Principal Felons Poult de pace 144. § 24. VI. Stamf. 1. cap. 2. fol. 3. the words of the Statute 25. Ed 3. St. 5. cap. 2. § 1. N. 5. And if a man Counterfeit the Grand Seal Exposition or the Privy Seal of the King or his Money In these Words there is no mention made of any Consenters or Aiders to this Counterfeiting and yet the Consenters and Aiders are taken to be within the perview of the said Statute as appears M. 19. H. 6. 47. Treason Br. 9. and 3. H 7. 10. in Treason Br. 19. makes nothing against this for there wanted the word proditoriè 1. Inst 57. Dyer 296. pal Poult de pace 144. § 22. and 3. Inst 138. VII Stamf. 1. cap Intendment 46. fol. 44. it seemeth that if an offence be made Felony by a Statute though the said Statute does not speak expresly of Abettors Procurers Counsellors and Relievers yet they shall be taken to be within the Compass of the Statute as appears fol. 3. c. the same Law in case of Rape where one doth the Act and the other asists him and aid him he by this is a Ravisher as well as his companion that did the Rape in fact as appers M. 11. H. 4. 13. Coron 228. and yet the words of the Statute 13 Ed. 1. W. 2. cap. 34. are if a Man Ravisheth a Woman c. but these were causers of the Rape without whom perhaps the offence had not been done and the principal Actors being present when the Act was done and therefore as Guilty as the Principal c. VIII Stamf. 42 Exposition ibid. Some will argue in this case that though Accessaries before the offence perpetrated shall be taken to be within the compass of a Statute that makes a Felony though they be not expressed for the reason aforesaid yet this doth not prove that Accessaries after the offence committed shall be within the compass of such a Statute if they be not express But however that be they of the Parliament in the time of H. 8. provided for it as appears well by 31. H. 8. 12. § 6. N. 1. of Hunting and other Statutes that are not now in force as by 1 Mar. 1. St. 2. cap. 12. § 22. N. 1. against Unlawful and Rebellious Assemblies and the Statute 1. and 2 Ph. and Mar. 4. § 8. N. 2. against Egyptians yet also in force which Act provides as well for the Accessary before the Fact as after IX Stamf. 44. ibid. Quaere Intendment If this Statute viz. 8 H. 6. 12. § 3 N. 1. of