by one of the Judges of the Court whence it comes Upon 1 and 2 Ph. and M. 13. And yet if this be omitted the Justice of Peace must notwithstanding obey it 3. Writs of Supersedeas out of the Higher Courts are to be void that are not granted upon Motion in the open Court and upon good cause also shewed by Oath and the same set down on the back of the Writ And if this be not done it seems the Justices of the Peace may refuse to obey it Upon 21 Iuc 8. 4. No Remove shall be of an Indictment grounded upon the Ordinance of June 1654 about Challenges Nor Challenges upon the Act of the 6th of October 1650. where the proceeding is upon any penall Law for the buying selling searching viewing ordering or disposing of any Corn Wint Beer Ale Fish Flesh Sale-Butter Cheese or any other dead Victuals whatsoever Nor upon any Indictment grounded upon the last Act made the 17th of September 1656 about the Sabbath Nor to remove any Presentment or Conviction for a Popish Recusancy Nor shall any Writ Recusants of Errour be granted to reverse any such Conviction Upon the Act of 17th of September 1656. 5. The Justices of the Peace may refuse to send away an Indictment upon any such Wâ—it if it be for a Riâ—t Forcible Entry Assault and Battery except the Writ he delivered in â—â— the Justices of Peace in their Quarter-Sessions sitting the Court and except the party indicted will be bound with good Sureties to pay the Prosecutor his Costs But in case of Indictments for a Foreible Detainer and for any other offence then that before named it is otherwise Upon 21 Iac. 8. 6. The Justices of the Peace when any such Writ is duly â—ssued â—orth and sent to them must obey it for it is penal to them if they do not so And if the Writ for bid the Justice to do that which he hath sent out his Warrant to command to be done he must recall and countermand his Warrant 7. If the Writ do not require the sending away of the Recognizance that the Justice hath taken he â—â— to send the Writ and Recognizance to the next Sessions to be siled there 8. The Judges of the Higher Courts that do send for any such Record or prisoner may if they please send it down again to be determined by the Justices of the Peace Upon 6 H. 8. 6. See Steel's Rep. 475. 322. 399. SECT 22. About High-wayes and Bridges AS to High-wayes and Bridges these things are to be known 1. Any one Justice of Peace may upon his own View make a Presentment to the Sessions in the nature of an indictment against any place or Parish for that their wayes are not sufficiently amended And also against any man for any offence by him done against the Statutes of 2 3 Ph. and M. 8. and 5. Eliz. 13. That is to say The Constables and Church-wardens of the place for not choosing the Surveyors or not setting down the time for the six dayes work or for not giving publike notice thereof in the Church Or the Surveyors for refusing the Office or for their neglect in their office and in particular for not making Presentment to a Justice of Peace of such defaults as they find upon these Statutes Or the Parishioners that do not observe and attend to do the dayes-works appointed them Or such as suffer any Nusances in their Grounds hedges or ditches near to the High-wayes Or the Baylifts or High Constables for their neglect in the levy of the Amercements sent to them by the Clerk of the Peace against oftenders about the High-wayes or for the not making of their Account and the like And this presentment of the Justice if he have cause to have it drawn up he may put the Clerk of the Peace to do it And being put in it is of the same sorce as if it were found by Grand-Jury 2. Any one Justice may and must receive from the Surveyors of the High-wayes any Presentment that they shall make and tender to him of any default upon these two before named Statutes about the High-wayes And this Presentment he is to certifie and send in to Certificate the next Sessions under pain of 5 l. upon 5 Eliz. 13. 3. There must be two Justices one of them of the Quorum to enforce and take the Account of any Officer that hath in his hands any of the Forfeitures upon the Statute of 2 3 Ph. M. 8. about High-wayes And to imprison them who do account and are sound to have money in their hands till they pay it But if in this case the Officer be Caution to the Justices obstinate they cannot tell what to do to order him But it must be in the Sessions or no where See Steel's Rep. 399. Chap. 7. Sect. 6. 4. Any one Justice might have caused High-wayes to be enlarged and cleered of Trees and Bushes upon the Statute of Winchester 1 Ed. 3. But now they do nothing out of Sessions but according to the two afore-named Statutes 5. There must be four Justices of the Peace one of them of the Quorum Bridges And where so many Justices are not met together it cannot be done who with the Constables and two of the Inhabitants of every Parish and without their consent also it cannot be done to tax the Inhabitants of any place or places for the repairing of a Bridge or High-way within 300 foot of the Bridg when it is unknown who ought to repair it And they may appoint two Collectors to gather the money and two Surveyors to look to the work and to give an Account thereof and of the Account money And they may call these Officers their Executors or Administrators to an Account Upon 5 Eliz. 13. and 18 Eliz. 9. 6. For the Repair of Chepslow Bridge see 3. Iac. 23. 7. For the Repair of the High-wayâ—s in the Wild of Kent see 14. 15. H. 8. 6. Of Huntington Lane near to Chester see 37 H. 8. 3. In Sussex see 39 Eliz 19. 26 H. 8. 7. 15 H. 8. 6. Of the Cauce-way between Dorchester and Sherborn see 1 Mar. Parl. 2. Chap. 5. Of the King's Ferry in Kent see 18 Eliz. 10. SECT 23. About Horses AS to this there is this onely as belonging to the Office of the Justice of Peace out of Sessions to be known That if any horse be stolne and sold in an open Market the true owner thereof or his Executors may within six moneths after the stealing thereof make his claym for him before any one Justice of Peace near to the place where the horse is found And this Claym the Justice of Peace to whom it is made must take and hear And if within fourty dayes after the claym he can make proof his property by two Witnesses upon oath before the Justice and will pay down to the buyer so much as he before the Justice will depose that he bond side
in the last we do by this intend that the proceeding against the offender is in that offence as it is directed to be done for that offence which went last before it 15. Where we set down times of the Kings and Queens as 1 Iac. 27. 43 Eliz. 2. and times of the year of the Lord as 6 April 1654. and the like By this we mean the Acts and Ordinances of Parliament set forth in those dayes and times which by search may by this light be found out 16. Where the Justice doth intend to act any thing upon any one Head our advice is that he read it through before he do it CHAP. II. Of the Power of Iustices of the Peace in the general AS to this Point Of the Power of the Justices of the Peace in general these things are to be known 1. That the Power that the Justices How derived to them of the Peace have is given to them partly by and from the Commission of the Peace and therein by the Common Law And partly by certain Acts and Ordinances of Parliament And some of it is conversant about Criminal matters for the restraint and punishment of divers offences Some of it is about other things necessary to be done in the Common-wealth and for the better ordering of the County as for the making of Officers settling of Rates and the like By their Commission of the Peace they are authorized to look to the Peace of the County to punish according to the Law those that break it require and take Surety of the Peace of all such as threaten hurt to others in their bodies or to burn their houses and send to Gaol such as refuse to give Surety And to punish many offences tending to the breach of the Peace Some offences that are offences by the Common-Law and some by the Acts and Ordinances of Parliament Some of which Acts and Ordinances have made new offences and have given the Justices power to punish them And some of these also give them power to punish offences that were offences by the Common-Law in a higher degree or in a greater measure than they were punished before by the Common-Law 2. This power is over all persons Over whom it is within the County Except their Fellow-Justices and the persons that live in such places within the County that are exempt having Justices within themselves 3. This power the Justice of Peace may exercise and execute part of it as What they may do out of their county to take Informations against offenders to prove offences done in the County where they are committed or to take the Oath of a man robbed whether he know the parties that robbed him or not or to take a Recognâ—sance by Supplicavit or the like in any place out of his County where also he may take a Recognizance to prosecute if any man will voluntarily give it But he cannot exercise any coercive power as to commit a Feloâ— make an order about a Bastard commâ—t to prison for any offence or the like in any place out of his own County wheâ—ein he is Justice of Peace Hellier's Case 7. Car. B. R. Sir George Croke Report 153. 4. Some of these things wherein they Where it is to be Acted have Conusâ—nce may be done out of and some of them must be done in the Sessions of the Peace for the County and cannot be done elsewhere 5. That which is to be done in the What they may do together and asunder Sessions of the Peace may generally be done by two Justices of the Peace one of them being of the Quorum But there are some few things by certain Acts of Parliament that cannot be done there but by more then two Justices 6. The things to be done out of the Sessions may some of them be done by one some by two and some by more Justices of the Peace and cannot be done by sewer 7. Where sewer Justices of Peace in or out of the Sessions have power to do a thing there regularly more Justices of the Peace may do the same thing in the same way and in the same place Yet see Chap. 7. Sect. 6. Numb 30. 8. That which one two or three Justices of the Peace may do out of the Sessions of the Peace regularly the same thing in the same but not in another way may by the same number of Justices of the Peace be done within the Sessions of the Peace 9. Where a thing is â—â— be done by the Justices with the assent of others neither of them alone without the other may do this thing 10. What a private man or Inferiour Officer of the Peace may do in order to the keeping of the peace that doubtlesse a Justice of Peace may do 11. Any one Justice of Peace in the execution of his Office as to apprehend Posse Comitatus Felons keep the peace or the like may require the Assistance of what able men he pleaseth And those required must assist him or they may be punished for Refusal 12. For any thing the Justices do out of the Sessions they are liable to a suit for the same as another man is But for such Acts as are done in a Sessions way as Acts of the Court they are not liable to a Suit But any man that is grieved thereby may upon his Appeal to the Upper-Bench have Relief there and avoid such Acts. But we shall open this Power now by the particulars thereof And first in what they may do out of and then in what they may do in their Sessions of the Peace And first of the first CHAP. III. Of the Power of one or more Iustices of the Peace out of the Sessions SECT 1. About Armour and Armed Men. AS to Armour and Armed-men these things are to be known 1. That any one Justice of Peace if he see men go or ride armed in an unusual way with secret Coats of Maile Daggs Pistols or the like by day or by night to the terrour of the people he may if he think fit and ought if he judge it necessary to be done to cause them to be disarmed imprisoned and bound to the Peace But Sheriff's Souldiers Souldiers and Officers in the doing of Justice may go armed and are not to be interrupted Upon Stat. of Northhampton 2. Ed. 3. 2. Any Justice may if he see cause cause to be disarmed any man that is brought before him upon any Suspition of Crime 3. If any man keep in his house carry in his Journey or do shoot in any Guns Gun Crosse-bow Stone-â—ow or Pistol contrary to 33 H. 8. 6. And another man shall according to that Act bring him before a Justice of Peace The Justice of Peace may by that Law upon examination of the offender himself and proof of Witnesse commit the offender to Goal till he pay the penalty of 10 l. Escheat And this fine the Justice is to extreat and send into the Exchequer
lastly named in this Ordinance viz. That all men shall be saved or that man by nature hath Free-will to turn to God or that God may be worshipped in or by pictures c. there must be two Justices of the Peace and one of them of the Quorum who upon the like Conviction as in the last may order him to renounce his opinions in the Congregation whence the complaint came or where the opinion was held or if he refuse so to do to send him to Gaol till he give bond never to do so again But here the Justice must see to it what it is that he Caution to Justices is about to punish For it is provided by a late Act That such as professe faith in God the Father and in Jesus Christ his eternal Sonne the true God and in the holy Spirit God co-equal with the Father and the Sonne one God blessed for ever and do acknowledge the holy Scriptures of the Old and New Testament to be the revealed Will and Word of God and shall in other things differ in doctrine discipline or worship of God they are not except in case of Popery and Prelacy to be punished for this but to be protected therein from wrong or trouble in the exercise of their Religion while they are peaceable and do not hold sorth any horrible blasphemy or teach or practise licenciousnesse or prophanoness under the profession of Christ So 17 Sept. 1656. the Humble Petition This Clause it is probable may reach to many of the things of this Rank as that about the Directory and Directory perhaps that of the Baptizing of Infants and some others It is good for the Justice to be well advised therefore what he doth upon this 3. And as to him that maintaineth any of the blasphemous opinions named in the Ordinance of Parliament of the 9th of August 1650. That he is a God or is Almighty Infinite c. Any one Justice of Peace may upon the proof thereof by the Oath of two Witnesses before him which Oath he may give or upon the confession of it by the party accused send him to prison or to the Bridewell house of Correction for six moneths without Bayl and untill he put in Surety to be of good Behaviour for a year Good Behaviour See the cabinet for clarks Two Warrants prepared for this Case Chap. 3. SECT 7. About challenges and Duells AS to any that be fighting or about to fight a Duell and be for this brought before a Justice of Peace this Justice of Peace may for this bind them Surety of the Peace to the Peace and to appear at the next Sessions And he may send for the witnesses and bind them to appear there Bind over also Upon Ord. June 29. 2654. Confirmed by Act of 17 of Septemb. 1656. See Chap. 3. Sect. 5. SECT 8. About Cheaters or confiners AS to him that is a common Cheater by false Letters Tokens Dyce or otherwise especially if he be idle and go about and make a Trade of Cozening these things are to be known 1. That any one Justice of Peace upon his own knowledge or proof thereof before him by the Oaths of credible witnesss may as some say put him to give Surety for the good Behaviour and Good Behaviour to appear at the next Sessions or if he refuse send him to Goal for it 2. But there must be two Justices and one of them of the Quorum to call in examine and bind over to the Bind over Sessions or if they refuse send to Goal such as by colour of false Tokens or Counterfeit Tokens false Letters in other mens names shall compasse and get into their hands the money or goods of other men Upon 33 H. 8. 1. 3. If a man live at a high Rate and great expence having no visible Estate or Calling to answer it and make it his Trade and Livelihood to cheat deboist cozen and deceive the young Gentry and others Any one Justice of Peace may by Warrant under his hand and seal send for him and warn him to come before him and being before him may require of him sufficient Sureties for his Appearance at the next Quarter-Sessions and for his good Behaviour and if he refuse send him to Goal till he do so Upon the New Act. 17 Sept. 1656. But how the Justice shall take Conusance of this offence except he come before him by this Law I know not Therefore it is best in this case for him to proceed upon his general power at the Common Law and by the Commission of the Peace so to take Informations against him upon Oath And if he find him to be such a man to bind him to the good Behaviour and to appear at Sessions And this is the same remedy in effect as that which the Statute doth prescribe SECT 9. Of a Church Church-Wardens Isle c. AS to the Repair of Churches Church-yards or Chappels when they are decayed these things are to be known Reparations of the Church 1. Any one or more of the Justices of the Peace near to the place where any Church or Chappel is in decay upon any Information thereof may if he please view it himself or appoint the Minister and some of the Parish to certifie to him how it is and what Reparations must be done And then may he or they by a Warrant under his or their hands and seales sent to the Church-Wardens of the place order and direct what reparations shall be made there and in and by what time And in case it be not be done by that time may for their neglect bind over the Church-Wardens Bind over to the next Sessions where they may be fined 40 s. apiece and committed to prison till they pay the Fine 2. But there must be two or more of the Justices near to the place where all or any part of a Chancel or Isle or Church or other place belonging to it that is to be repaired by the Parson or other by Custome or Prescription is in decay to order them that are liable to the same Reparations what to do and to do the same by a certain day Which not done they may be indicted and fined for their neglect at the Sessions 3. There must be two or more of the next Justices to the place yearly to joyn Church-Wardens choyce with the Parish in their choyce of their Church-Wardens And these Justices must within a moneth after their choyce made by the Parish under their hands and seals allow and approve of the same Choyce 4. There must be two such Justices Rates confirmed to confirm such Rates duly made by the Church-Wardens and Overseers of the poor for the Repair of the Church Church-yard and for other matters concerning the Church And to give Warrants under their hands and seales to be directed to the present or subsequent Church-Wardens to do all or any of these following things
viz. 1. To levy by distress and sale of goods upon every man all the Church-Rates and the Arrears thereof 2. To levy by distress and sale of goods all the Forfeitures committed for any offence within the Act. 3. To levy all the money that shall be remaining in the hands of any Church-Warden upon his Accompt 4. To levy the 2 s. 6 d. Forfeiture given to the Church-Wardens that are put to distrain for their Rate on him that will not pay it without a diâ—stess 5. To send to the Goal the party that doth not pay his Rate 6. To send to the Goale the Church-warden that doth refuse to account till he do account and pay over Account to the succeeding Church-Wardens the money remaining in his hands 7. And to joyn with the subsequent Church-Wardens in the taking of the Account Caution to the Justices of the precedent Church-wardens But it seems not safe here for a Justice of Peace to send his Warrant to levy any Forfeiture upon this Law or to follow the Presidents we have for this purpose given in our clarks cabinet because there is no way for the Conviction of the offender set down and therefore that then it must be in the Sessions or no where And there the offender may be punished by way of Indictment or presentment upon the general power of Oyer and Terminer given by the Act to the Justices of the Peace 5. There must be two Justices and Lands given to the Church any two Justices may examine by proof of Witnesses the case of Lands or Rents to be had or paid towards the repair of any Churches within any Parish And to send their Warrant to the Church-Wardens of the place to cause the parties who ought to pay the same to be bound over to the next Sessions where Bind over the parties are to be ordered And in this case it seems to me that the clearest way for the Justice of Peace is to send his Warrant fiâ—st of all to the Church-Wardens to warn the party to be bound if he live within the County to come before him to be bound over And if he refuse upon proof by Oath thereof by way of Information to send for him by his Warrant and bind him to the Good Behaviour good Behaviour and to appear at Sessions See for all this Act. 9. February 1647. And sor Presidents of Warrants in the case The clarks cabinet Chap. 8. 6. There must be three Justices of the Peace who out of Sessions may call Ministers and School-masters before them that have Houses Chancels and Church-yards belonging to them that are in decay and to order them to repair them And if they do neglect it to cause to be levied of their goods by way of distress and sale thereof so much as to do it Upon Ord. 29 August 1654. 7. Any two Justices of the Peace may Sexton order the payment of the due Fees to the Sexton or Parish-Clerk that is duly chosen to the place And where his Fees are denyed they may order the payment thereof and in case it be not paid they may send their Warrant to the Constable to levy it as they do for the levying of a Church-Rate what he shall have for his service Upon the same Act. 9. February 1647. See a President for this in the cabinet Châ—p 8. Numb 9. And that seems to be all that a Justice of Peace may safely do herein that is call the party refusing before him and examine the matter and if he find it ve y clear order the party to pay him And if he shew himself obstinate herein the party grieved he must apply himself to the Justices of the Peace in their Quarter-Sessions where they may by the general power of Oyer and Teâ—miner given to them by the Act find a way to bring him to it Or if the case be so clear that the party shall consesse before the Justice what is due there perhaps the Justice might cause a distress to be made of his goods as in case of a distresse for a Church-Rate But it Caution to the Justices is good to be well advised for the Law is very obscure herein And it is dangerous for a Justice of Peace so to do where he hath not a clear authority for it SECT 10. About Cloath and Clothiers AS to Cloath and Clothiers and to the things that relate to their Trade this is to be known 1. Any one Justice of Peace may enter Tenters Winches into any house to search for Tenters Winches and such kind of Engines used to make deceitfull Cloath and finding them he may deface them And in case of second offence he may sell them And he with another Justice of Peace may joyn together and distribute the money made thereby to the poor 39 Eliz. 20. 43 Eliz. 18. 2. There must be two Justices to Speciall Sessions hear and determine the offences about faulty Cloath And this for much of it must be done in and by a Speciall Sessions kept for the purpose 39 Eliz 20. 21 Iac. 18. 3. There must be two Justices to sell divide and distribute the money made of faulty Broad-Cloth 39 Eliz. 20. 21 Iac. 18. 4 5 Ph. and M. 2. 4 Iac. 2. And so to sell and divide the money made of Kersies Frizes or Cottons 5 and 6 Ed. 6. 4. There must be two Justices to Searches and Over-seers of Cloth make and appoint Searchers and Over-seers of Cloth in Towns not Incorporate and to bind them by Oath and Bond to look to and punish the defaults in Cloath-making Upon 4 â—d 4. 1. 39 Eliz 20. 43 Eliz. 10. 2 Ed. 6. 2. 4 Iac. 2. 21 Iac. 28. 5 Ed. 6. 6. 7. Iac. 16. 3. 1. 5. So there must be two Justices to punish Carders Weavers Sorters Spinners that imbesil or detain any Wooll or Imbesiling of Wooll or Yarn Yarn and to punish them that receive it and upon proof made thereof before them by the oath of one witnesse to order them to give satisfaction or to be whipped 7 Iac. 7. 6. There must be two Justices that upon an Officer's Complaint of bad Cloth made by the mixing of Flocks Nails Thrums Hairs c. may call before them the parties accused and their Witnesses and if they find it true punish it according to 21 Iac. 18. 7. There must be two Justices and Clothier one of them of the Quorum that upon proof of two Witnesses or confession of the Clothier himself that doth refuse to pay his Workman the wages set down Wages may send their Warrant to levy of him the 10 s. forfeiture by distress and sale of his goods 1 Iac. 6. 8. There must be two such Justices also that may take Information of deceitfull Linnen Cloath Linnen Cloath made and that may bind the offender over to the Sessions to give Evidence that seized it 1 Eliz. 12. 9. Any one Justice of
gave for the horse he shall have his horse again This Claym of the property by the true owner and Oath of buyer for the price the Justice of Peace when called upon herein he must take Upon 31 Eliz. 12. 2 3 Pâ— and M. 3. SECT 24. About Hue-and Cry AS to this any Justice of Peace may may do these things 1. He may bâ—nd or at the Sessions Good Behaviour cause to be bound to the good Behaviour such as shall raise false Hue-and Cry without any cause 2. If any Felony be done any Justice of Peace may command Hue-and-Cry to be made after the Felon and if he perceive Neglect in any Officer of his duty herein he may bind him or cause him to be bound at the Sessions to the good Behaviour And so upon any Hue-and-Cry raised by others if the Justice have Information upon Oath of any Neglect in the following of it by any Officer this is cause enough for a Justice to have the Officer bound to his good Behaviour and to appear at the next Sessions to answer his Neglect See 27 Eliz. 13. SECT 25. Of Hunters Hawkers Fowlers and Hunting Hawking Fowling AS to these things the Justice of Peace his power out of Sessions is thus 1. If any man Hunt or Hawk with Hawking in Corn. Spanniels in the Corn of another mans before it be shocked without his consent In this case any one Justice of Peace may examine the matter if it hath not been before heard and determined in the Sessions and if he â—â—â— cause bind over the party offending Bind over with good Sureties to appear at the next Sessions to answer the offence and to pay the penalty or receive the punishment appointed by the Act of 23 Eliz. 10. 2. If any man Hawk at or kill any Pheasant or Partridge with any Hawk or Dogg between the first day of July and the last day of August In this case any two Justices of the Peace of the County wherein the offender dwells or is apprehended may within six moneths of the offence done upon proof thereof by the Oath of two witnesses before him be committed to the Common-Goal of the place where he is so Convicted for a moneth without bayl unlesse he forthwith pay to the Church-Wardens or Overseers of the place 40 s. for every time he so hawketh and 20 s. for every Pheasant and Partridg so killed But he may not punish it after the six moneths 7 Iac. 11. 3. As to him that humeth Deer or Conies in any Parks Forrests or Warrens in the night disguised In this case any one Justice of Peace upon complaint to him made thereof may send his Warrant to the Sherift or any Bayliff or other Officer within the County to arrest and bring the offender before him to be examined and may examine him If he deny it it is Felony and then the Justice is to prosecute it as a Felony But if he consesse it he is onely to bind him over to appear at the Sessions where he is to be sined for it 3 H. 7. 7. And if any man purposely destroy or take Partridges or Pheasants in the night Any one Justice of Peace upon the bare Examination of the party offending may if he see cause to suspect him bind him with good Sureties in a Recognizance to appear at the next Sessions to answer the offence and to pay the penalty of the Statute Upon 23 Eliz. 20. But there being no way given to the Justice to convict the oftender he cannot levy the penality 4. If any one not qualified by having 10 l. a year of his own Inheritance or 30 l. of his own Free-hold or 200 l. in goods or is eldest son to a Knight or to a greater man c. shall keep any Gray-hound Dogg or Nett to take Partridges or Pheasants Any two Justices in this case upon suspition hereof may send their Warrant to search in places they suspect for them and give the Searchers power if they find any to kill the doggs and tear the Netts And may also upon the confession of the party or proof of the thing by two Witnesses send him to Goal for three moneths unlesse he will forthwith pay to the Church-Wardens of the place where c. the forfeiture of 40 s. Upon 1 Iac. 27. And if any such unqualified person kill or destroy any Pheasants or Partridges by night or day by Nets or otherwise any two Justices upon his confession thereof or oath of one witnesse may send him to the Goal for a moneth unlesse he forthwith pay to the Church-Wardens or Overseers of the Poor where c. 20 s. for every Pheasant and Partridge upon 7. Iac. 11. 5. If any kill hunt or take away any red or fallow Deer in any Porrest Chase Park or other inclosed ground without consent of the owner or shall be ayding or assisting therein any one or more Justices of the Peace upon the confession of the party or oath of one witnesse which the Justice may give shall forfeit 15 l. half to the Informer and half to the Poor of the place which the Justice may by Warrant under his hand levy by way of distresse and sale of goods And for want of distresse the offender to be committed for 12 moneths without Bayl. The offender must be punished within three moneths of the offence done And he that is punished on this Law may not be punished upon any other Law Act. 24. July 1651. 6. If any man buy or sell any wilde Partridge Pheasant Deer or Hare Any two Justices of the place where c. or where c. upon the Confession of the party or Oath of two Witnesses may Commit him to Goal for three moneths without bayl unless he forthwith pay to the the Church-Wardens of the place where c. 40 s. for every Deer 10 s. a Hare or Paritridge and 20 s. a Pheasant or untill he enter into a Recognizance of 20 l. with two Sureties never to do so again 7. If any shoot at with Gun or Bow or doth kill by Nets or other engines Guns a Hare Paritridge Pheasant Pigeon Hearn Mallard Duck Teal or any such Foâ—l or taken the Eggs of a Eggs of Pheasants Paritridges â—c Pheasant Partridge or Swan or doth trace a Hare in the Snow Any two Justices of the Peace where c. or where c. may commit him to Goal as in the last case till he pay 20 s. for every Pheasant Partridge Pigeon or other Fowl 20 s. for every egge so taken and 20 s. for every Hare so traced Upon 1 Iac. 27. 3 Iac. 13. SECT 26. About Imprisonment Arrest and Commitment AS to this these things are to be known 1. That the Justice of Peace must Caveat to Justices take very great care that he do not give Warrant to arrest or imprison or to send to the Goal or Bride-well any man in any cause but where he hath a clear authority so
Justice cannot go himself to the place he may command his servants or others to go to the place to suppresse it and bring the Riotors before him to find the Sureties for the good behaviour or if they refuse so to do send them to Goal But if the Riot be past Then the Justice is to call in to his help another Justice and let one of them be of the Quorum and by a speciall Sessions called and commanded by the Warrant to the Sherists to bring a Jewry before them and to charge this Jewry to enquire of the Oftence And if the Jewry find the Offenders guilty the Justices are to record it fine them and send them to Goal till they pay their Fine upon 1 H. 5. 4. 13 H. 4. 7. 19 H. 7. 13. See in chap. 3. sect 4. SECT 47. About a Robbery AS to Robberies where the Hundred is chargeable for the Money taken away And where default is found in the prosecution of the Felon by another hundred and the one half of the Money is recoverable upon that hundred by the party robbed in the name of the Clark of the Peace of the County by 13 Ed. 1. 2. and 28 Ed. 3. 11. And for an equall distribution in both these Cases any two Justices of Peace one of them of the Quorum living in or near to the place may set the Rate upon the Towns of the Hundreds And after the Constables of the Towns and Parishes have distributed and set it and Rate levied it by distresse and sale of goods which they are to do by their Offices without Warrant from any other And therefore we would not advise you to use for this the Warrant in the Clark's Cabbinet chap. 16. Numb 1. And then they are to deliver the same money to one of the same Justices of Peace And this money the Justice that receiveth it is to see paid to them for whose use it was raised Upon 27 Eliz. 13. SECT 48. About Rogues Vagabonds and Idle persons AS to all these kind of persons these things are to be known 1. That as for idle loose and dissolute persons which wander from their Idle persons usuall place of living and abode and can give no good reason for their travell to satisfy a Justice of Peace albeit they do not beg Fidlers and Minstrells that shall be playing or oftering or desiring Fidlers to play in any Inne Ale-house or Victualling house albeit they do not beg Souldiers and Mariners that have Pensions and yet beg or shall counterfeit a Certificate Counterfeit Egyptians Beggars or others described to be Rogues Egyptians within 43 Eliz. 3. 39 Eliz. 4. 17. 1 Iac. 7. 7. Septemb. 1656. that shall be taken and found begging wandring and misordring themselves In this case any one Justice of Peace upon his â—wn sight hereof may cause such persons to be whipt and send to their place of birth c. with a Testimoniall of their Correction â—imitting the place to which and the time wherein they are to go thither upon 39 Eliz. 4. 1 Jac. 7. But if this Offender be brought to a Justice we do not conceive it needfull the Justice should order this Correction For the Officers may and ought to do it of their accord without the Justice of Peace's Warrant 2. Any one Justice of Peace may secure an incorrigible Rogue that is Incorrigible Rogues one that is dangerous to the inferiour sort of people and will not be reformed of his Roguish life one that is able to work and doth run away from his Family and leave it upon the charge of the Parish Upon 7 Iac. 4. till two Justices can send him to the Goal or Bride-well upon 39 Eliz. 4. 3. There must be two Justices of the Peace and one of them of the Quorum that by the words of 39 of Eliz. 4. are by warrant under their hands and seals upon the Confession of the offence by the party or proof thereof by two witnesses to give power to levy by distresse and sale of goods the forfeirures within the Statute viz. the 5 s. upon the Minister for not keeping a Register-book the 10 s. upon the Constable for his neglect in the Apprehension and punishment of Rogues the 20 s. upon him for his not punishment and not safe convey of a Rogue brought to him by another the 10 s. of him that doth not apprehend a Rogue begging at his house or that doth bring a Rouge out of Ireland hither So also upon the like Conviction to levy by distresse and sale of goods and bind to the good Behaviour such as disturb the execution of the Statute of 39 Eliz. As Officers that shall send a Rogue by a generall Pasport or that shall refuse to receive a Rogue when he is brought to them or that shall shift him away or that shall not bring him to the next Parish Or other persons that are not Officers that shall shift away or Rescue a Rogue or as hinder the settlement of a Rogue or that when he is duly setled in any place shall remove him without Authority But herein we must give notice to the Justice of Peace that this Statute is doubtfully penned as to the manner of Caution to the Justices Conviction For the words are That if the Offence shall be confessed by the Offender or that the same shall be proved by two sufficient and lawfull Witnesses And doth not say what proof it shall be nor give power to the two Justices to take the Conviction by such proof And therefore it is not as we conceive safe for the two Justices out of Sessions to do it And yet it is more clear that the Justices may do it upon the Confession of the Offender But truly it is best to do it in the Sessions and not safe to do it otherwise Nor safe to follow our Presidents in the 18. chap. of the Clarks Cabinet See chap. 7. Sect. 6. Numb 19. 4. There must be two Justices of the Peace and one of them of the Quorum to send to the house of Correction or Goal of the County till the next Quarter-Sessions an incorrigible Rogue Incorrigible Rogues Caution upon 39 Eliz. 4. And yet here we conceive the Justice must see him to be such a one and he must be before him for he hath no means to convict him hereof or otherwise we know not how he shall justify it 5. There must be two Justices of the Peace and one of them of the Quorum to appoint a privy Sessions and to send their Warrant to the Constables and to command a privy search three or four dayes before the meeting and to apprehend and bring before them all such suspitious persons as in their search they shall find out and to command all the Constables of Hundreds to be then there and the Constables of Parishes upon Oath to present under the Ministers hand what Rogues they have taken punished and sent away And to set a
be under 12 years old then the Justice may send his Warrant to the Constable to see him whipped by the Father or Master of the offender in presence of the Constable Or that the Constable do it himself And of this Conviction the Justice of Peace is to keep a Record and to make Certificates quarterly to the Clerk of the Peace Upon 22 June 1650. But he that is by Jury in a Sessions being Indicted found guilty of swearing the Tenth Oath or ten times once is to be adjudged a common-Swearer and to be bound to the good Behaviour Good Behaviour with good Sureties for three years over and besides the Forfeitures aforesaid Or the Justice of Peace may if he will after he hath taken the Conviction send his Warrant to the Constable to apprehend the body of the offender and bring him before him to be proceeded against as before And there the Justice may perhaps perswade him to pay to the Constable the Forfeiture imposed But if he will not do it the Caution to Justices Justice must let him go and can do no more but send his Warrant as before SECT 54. About a Testimonial or Certificat AS to this these things are to be known 1. Any one Justice may give a Labourers Testimonial under his hand and Seal to Labourers to go into another County to work in the Harvest-time Upon 5 Eliz. 4. 2. There must be two Justices to give a Testimonial to a Servant of his departing Servant out of his Masters Service with his good will Upon 5 Eliz. 4. 3. There must be three Justices to certifie under their hands and seals the worth of the Parents or Children to be taken in as Apprentices or Servants Apprentices to Clothiers or Merchants Upon 5 Eliz. 4. 4. There must be two Justices of the Peace and one of them of the Quorum to certifie to the Sessions against an Ale-house-keeper that he doth sell Ale without License Upon Ale-house-keeper 5 and 6 Ed. 6. 25. 5. One Justice may certifie deceive able Deceiveable Cloth Cloth Upon 21 Iac. 18. 6. One Justice may joyn with a Customer to certifie the unlading and selling of Corn and Cattle carried from one part of the Land to another Upon 5 6 Ed. 6. 14. 7. One Justice may take and certifie Jesuit into the Chancery the submission and Oath of a Jesuit or Priest given within three dayes of his landing in England Upon 27 Eliz. 2. 8. One Justice near to the place where a Souldier or Mariner shall land Mariner or Souldier may give a Testimonial to him shewing where he landed whither he is to go and in what time he is to go it Upon 39 Eliz. 17. 9. One Justice may take and certifie the Examinations of a Dyer and his Servants about Logwood Upon Logwood 39 Eliz. 11. 10. One Justice may under his hand and seal with the Constable or Minister give a Testimonial of the whipping of a Rogue and limit the place whither Rogue he is to go and in what time he is to go it Upon 39 Eliz. 4. 11. Recognisances and Examinations Recognisances Examinations taken before one Justice of Peace may be certified by him alone unto the Sessions Judges of the Goal-delivery or Justices of the Sessions But when they are taken before two or more Justices there a Certificate thereof by one of them is not sufficient See more Cerciorari Sect. 21. of this chap. Forcible Entry Sect. 18. of this chap. Felony chap. 3. Sect. 16. Numb 8. SECT 55. About Tythes AS to the power of the Justices of the Peace to hear and determine matters of Tythe these things are to be known Any two Justices of the Peace not being Patron of the place wherein the Substraction is nor parties nor any way interested in the thing in question may therein out of any Sessions do these following things 1. They may send their Warrant of Summons to the Constable of the place where c. to call in the person complained of before them 2. They may upon his default send a second Summons 3. They may upon the parties second default the same summons being proved upon Oath in the absence of the defendant or in his presence upon his Appearance proceed by the Oaths of Witnesses and other proofs on either side to hear and determine the matter in difference between the parties And by writing under their hands and Seals adjudge the Case and give reasonable costs and damages to either party as they shall think fit 4. They may also if they please give treble damages where the Statute doth allow it 5. If the party do not within 30 dayes after he hath notice given to him of this Judgment given by the Justices of Peace pay to the complaynant the Tythes or Money so adjudged according to the Judgment then the same two Justices upon complaint made to them may give and send their warrant to the Plaintiff the Constable or such other persons as the Plaintiff shall name to distrain and sell the goods and Chattels of the Defendant to satisfy it rendring the Over-plus 6. If no distresse can be had to satisfy the Judgment the same or any two Justices may by their warrant send the Defendant to Goal without Bayl till he do satisfy the debt upon the Judgment 7. If the Officer or other person imployed about the Execution of this Warrant of the two Justices they may fine them for it any sum not exceeding 40 s. to the use of the poor of the place where c. And send their warrant to whom they please to levy the Fine to levy it of his goods and Chattels upon Ord. 8. November 1644 9th August 1647. 20th October 1648. But in this work the Justices must take care of these four things 1. That the Plaintiff Caution to Justices have a good Title to the thing in demand 2. That the Defendant be a Parishioner 3. That the thing demanded be a modus Decimandi or a Tythe paid two years before the wars 4. That the proceedings be in every particular according to the directions given by the Ordinance SECT 56. About Titles of Honour Assumed IF any by writing or otherwise do voluntarily and knowingly give to any person any Title of Honour or Dignity given to him by the late King since January 4th 1641 In this case ony one Justice of Peace upon the Confession hereof by the party or Oath of one witnesse may send his Warrant to the Constable of the place where c. to levy by way of distresse and sale of goods rendring c. the 10 s. Forfeiture named in the Act. And if there be no distresse to put him in the Stocks for three hours Febr. 4th 1641. SECT 57. About Transportation IF any load a ship or carry away in any Ship or Vessel with intent to transport any Wool Yarn Woollen Flox Wooll-Fell Fullers-Earth Clay Fullers Earth Tobacco-pipe-Clay
Presentment taken before a Steward of a Leet shal be sent to the Justices in Horses their Sessions And then that they shall proceed to hear and determine it as if it were taken by themselves So 32 H. 8. 13. of Horses 1 Ed. 4. 21. of Sheriffs Sherifts 5. Another is to this purpose That the Justices of the Peace shall examine hear and determine the defaults of c. and punish the offenders by imprisonment according to their discretion So 28 H. 8. 14. of Wines Wines 6. Others are with reference to other Statutes c. That they shall have like power to punish these offences as they have to â—unish the offences against another Statute or another clause of the same Statute So 3 H. 7 7. 17 Ed. 4. 4. May 10. 1650. 7. Others are with reference to other offences to this purpose That the offender shall suffer or be punished in this case the Justices of the peace as other Felons or other Felonies are punished by the Law So 39 Eliz. 17. 8 Eliz. 3. 2 and 3 Ph. and M. 4. 21 H. 8. 7. 1 Iac. 31. 8. Another is to this purpose That these Offences shall be diligently enquired of and presented before them in their Ordinary Quarter-Sessions And that Drunkennesse thereupon there shall be such due proceeding as in such like cases upon an Indictment or Presentment is used by the Laws c. So 4 Iac. 5. of Drunkennesse 9. Another to this purpose That the Justices of the Peace shall enquire thereof and determine the same as well by examination as by presentment So Coroners 1. H. 8. 7. of Coroners 10. Others thus That the Justices of the peace shall enquire thereof at their Quarter-Sessions and assesse such Fines upon the Offenders as they shall High-wayes think meet So 2 and 3 Ph. and M. 8. and 5 Eâ—â—z 13. of High-wayes 11. Another thus That the Justices of the Peace in their Sessions shall enquire as well by their office as by the Information of others of all Trespasses Misprisions and defaults made against Fiâ—â— any of the points of this Statute and cause them that be thereof Indicted to come before them and if they be thereof convict they shall have Imprisonment and make Fine according to the discretion of the same Justices So 17 R. 2. of Fish 12. Another thus That the Justices of the Peace shall have power to enquire hear and determine of all the defaults c. by presentment had before Coroners them at their Sessions without any more words So 12 Ed. 4 9. of Coroners 13. Another to this purpose That the Justices of the Peace shall enquire by the Oath of 12 men as also by information of any of the Kings Subjects and make such like processe upon every Sheep presentment and Information as they use to do upon every Presentment of Trespasse before them So 25 H. 8. 13. Of Sheep 14 Others to this purpose That the â—ustices of the Peace shall enquire or shall enquire by Jewry of all the offences within the Statute without Forcible-Entry Horses more words So 8 H. 6. 9. of Forcible Entry 1 Ed. 6. 5. Of Horses 15. Another to this purpose that the Justices of the Peace in their Sessions shall charge them that appear before them duly to enquiâ—e and put in execution the effect of the premises in due time so that this Act may be fully executed Crows So 24 H. 8. 10. of Crows 16. Another thus That the Justices of the Peace shall have power to enquire of the said defaults as well at the suit of the King as of the parties So 8 H. Yarn 6. 5. of Yarn 17. Another thus That the Justices of the Peace in their Sessions shall enquiâ—e by the oath of twelve men of these offences And that their presentment shall be of the same force as Wines theirs in the Kings Bench are And the Forfeitures found by the Verdict aforesaid shall be divided c. so 7 Ed. 6. 5. of Wines 18. Another to this purpose That the Justices of the Peace at their Quarter-Sessions shall have power to indict and try the Offenders by the usual course of Indictments and Tryalls in like cases And after such Conviction Log-wood to adjâ—dge the Oâ—â—ender to be set openly on the Pillory So 39 Eliz. 11. about Log-wood 19. Another to this purpose That the Justices of the peace in their Sessions shall call before them any suspected persons and to their discretion examine them in the Premises and if they find any default in them then that they be committed to prison till they find Sureties to pay the Forfeitures set down c. So 19. H. 7. 11. of Deer Deer 20. Another thus That he that shall so offend shall be grievously punished according to the Justices of the Peace's discretion And that they shall judge the offender to the same bodily punishment as the Offence requireth Labourers and shall do execution thereof So in 13 R. 2. 8. Of Labourers 21. Another thus That the Justices of the Peace shall set down such Fines and Penalties upon the Offenders against that Law as the most part of them in their Quarter-Sessions shall think fit c. So in 7 Iac. 4. 22. Another thus That for the offence the offender shall suffer such further penalty as by the more part of the Justices shall be thought fit not exceeding 40 s. for every offence So in 7 Iac. 4. 23. Another to this purpose Upon Hawks Eggs. pain of 10 l. the one half thereof to the party that will sue for the same by Action of debt by Examination before the Justices of the Peace Information or otherwise and the other half to the King So in 11 H. 7. 17. of Hawks eggs SECT 3. THere are another sort of them that seem to give power to the Justices to do something within or without or within and without the Sessions incertainly As for Examples 1. One of them is penned to this purpose That the Justices shall enquire Pheasants hear and determine all offences against that Law And in case it be not so punished That any one Justice may at his discretion examine all persons suspect to offend and bind them over So 23 Eliz. 10. of Pheasants 2. Another thus That the Justices of the Peace shall enquire of all the Tanners premisses in their Sessions and hear oâ— in the disjunctive determine the same And also by their discretion examine all persons suspected to offend against that Law So 1 Iac. 22. Of Tanners 3. Another thus That the Justices Tilâ—â— of the Peace shall enquire hear and determine by their discretion as well by Examination or otherwise of the offences c. And if it appear to them by Examination or otherwise by their discretion that any person hath offended against that Law that then they shall assesse no lesse Fine c. for every offence So 17 Ed.
But if any Caution to Iustices Justice shall resolve upon the doing of any thing upon this Branch our Counsel is that he do it by very good advice especially in case where the offender doth deny the matter of Fact 4. For the disarming of Recusants â—ee Recusants Sect. 45. of this Chapter SECT 2. About Baile or Bailment AS to this these things are to be known 1. Any one Justice of Peace may â—ad or deliver out of prison any pâ—â—soner that is a prisoner for any offence within the Connusâ—nce of the Justices of the Peace and that is baylable by the Law as where a man is arrested on a Sessions process for Trespasse or such like thing But no one Justice may bayl a man in Felonie prison on a suspition of Fclony or greater Crime 3 Ed. 1. 15. 2. But there must be two or three Justices of the Peace and one of them of the Quorum to Bayl such as are in prison upon a suspicion of Felony And they two must be together when they do it And before they do it they must take the Examination of the prisoner in writing And this Examination with the Bayl and Recognizances for the appearance of the Witnesses they must certifie to the next Gaol-delivery or they Certificate may be fined by the Judges And so they may be for bayling a man not caution to Iustices bailable 2 Mar. 13. 3 H. 7. 3. 3. No Justices may bayl one in prison for Treason or for the death of a man or for any great offence in case where he doth confesse the offence and the Mittimus of the Justice or Justices of Peace by which he is sent to Gaol doth so expresse it 4. No Justice may bayl a prisoner in any case where any Law doth expresly forbid the taking of Bayl in that case 1 2 Ph. and M. 13. 5. Where any Statute doth appoint the Bail to be taken by more Justices then one there no one Justice may bayl the prisoner 3 H. 7. 3. 2 Mar. 13. 6. Where two Justices may bayl one that hath recanted his blasphemous opinions See Blasphâ—my 7. How Bayl is to be given and the Recognizance to be given in such cases See my Justice of Peace Clerk's Cabinet Chap. 24. SECT 3. About Bargain and Sale ANy one Justice may joyn with the Clerk of the Peace to take and inroll a Deed of Bargain and Sale of Land acknowledged before them within six moneths Upon 27 H. 8. 16. SECT 4. About binding to the good Behaviour AS to persons of ill Name and Fame Suspect-Theeves such as are generally suspected to be Theeves or Robbers or that keep company with such men Common Cheaters or Couzeners that get money Cheaters by false Tokens false Dice counterfeit Letters or the like Common-Quarrellers Fighters or Breakers of the Common-Quarrellers Peace Such as are like to commit Murder or outrage Such as are common Libellers and Slanderers Such as Libellers and Slanderers Poysoners are common hedge-breakers and woodstealers Such as endeavour to poyson men or do poyson Cattel or the like Such as lye in wait to rob maime or kill men Rioters Common-Drunkards Rioters Drunkards as some say yet see for this 4 Iac. 5. which as to the Drunkard makes it a little doubtfull Lewd and incontinent persons that either keep or Incontinent persons Eves-droppers Barretors Night-walkers haunt Bawdy-houses One that hath or is suspected to have a Bastard Common Evesdroppers common Night-walkers Common-Barrettors Persons that live idly and into dinately having no Esture nor Calling to live by and yet spend much Such as manifest contempt of Magistrates and such like persons And any one Justice of Peace may as it is generally held and practised upon his own knowledge and of his own head or at the request of others and upon Information of Witnesses upon Oath as in his discretion he shall judge it meet send his Warrant to apprehend them and bring them before him or some other Justice of the Peace to put in Sureties for their good Behaviour and Surety of the good Behaviour to appear at the next Sessions And if the offender be in his presence require him to put in such Surety as the Justice shall think meet The which if he will not or cannot do the same Justice may by his Mittimus send him to the Common Gaol till he so do But in all these cases it is most safe for the Justices to go upon generals and not upon a particular And it is good for Justices of the Peace to have this work as much as may be Caution to the Justices done upon Articles exhibited and well proved And before two Justices of the Peace and indeed most safe to do it in the publique Sessions But for this see the Books at large and my Books of this Office Chap 18. For a Warrant for the good Behaviour and Mittimus to send the party refusing to be bound to the Goal see Clark's Cabinet for Justices Chap. 9. Numb 3. Chap. 25. Numb 3. Chap. 24. Numb 17. SECT 5. About Binding over 1. IT is said that in cases where a Justice of Peace hath power given him by an Act of Parliament to enforce a man to do a thing and he is in his presence and doth refuse to do it That in this case he may send him to the Goal or bind him over to the Sessions c. And that a Justice of Peace may bind over a man that is an offender against a penal Law and that before he is Indicted But it is good to be well advised Caution to Justices herein before a man doth it and to consider what he may do to the party in case he refuse to be bound 2. One Justice may bind over to the Challenge Sessions him that fighteth or is about to fight a Duell See Challenge 3. There must be three or more Justices Depravers of the Sacrament of the Peace and one of them of the Quorum after examination taken against him that depraveth the Sacrament to bind over the Accuser and Witnesses Upon 1 Ed. 6. 1. See more of this in other Titles SECT 6. About Blasphemie and Heresie AS to him that maintaineth any of the blasphemous opinions first named in the Ordinance of May 2. 1648. That there is no God or he is not present in all places doth not know all things is not Almighty c. There must be two Justices of the Peace who upon proof thereof before them by the Oath of two Witnesses which the Justices may administer or the Confession of the party himself may commit the offender to prison without Bayl and bind over the Witnesses to appear at the next Gaol-delivery And so likewise they may take bond with two Sureties Subsidie-men of the offender herein being convicted upon his Tryall and having renounced his opinion that he will never hold it again 2. And as to the opinions
to do either by the Common-Law as in the Cases of Felony the Peace and Good Behaviour or the like oâ— by the expresse words of some Statute-Law and therein also with good advice He must be sure there is a power of Commitment to prison in the Case well given to him 2. He must be sure also that this power to commit to Prison c. is given to the Justices For if there be a power of Commitment as there is by some Statutes that do say an offender shall be committed but it doth not say by whom we conceive it dangerous in this case for any Justice or Justices but in a Sessions-way and by an Act of the Court to give Warrant to commit him 3. He must be sure if it be one Justice that doth it that the power is given to one Justice alone to do it For if power be given to two or more Justices to commit a man to prison and one Justice alone doth it this is an unlawfull Imprisonment or which an Action may lye against the Justice 4. He must take care in his Commitment that he do pursue the order and direction that the Law gives therein Viz Where he is to commit to prison he may not commit to the the Stocks or to Bride-well And so on the other side for if he so do the Commitment to that place is unlawful And so for the time where the Law gives him power to commit for three dayes and he commit of three weeks this is an unlawâ—â—ll Imprisonment yeâ— perhap unlaâ—full for the three dayes also But where a Statute gives power to a Justice or Justices to commit indefinitely and doth not say for what time Sessions there they may commit accordingly And in such cases the Justices use at the Sessions to discharge such prisoner according to their discretion 5. Any Justice of Peace may commit a man that stands indicted for a Felony or a man he doth suspect of Felony But for this see Felony Sect. 16. of this Chapter 6. For Commitments to Prison by the Justice for particular offences see in the Title it self SECT 27. About Incontinency AS to this these things are to be known of the Justices power out of the Sessions 1. As to such as keep or haunt Bawdy-houses Good Behaviour or are suspected to be lewd and Incontinent that in this case a Justice of Peace may upon good Information hereof upon the oaths of credible Bawdry persons by his Warrant send for such persons and bind them to the good Behaviour or if they refuse to give Sureties he may send them to Goâ—l till they do 2. Any one Justice of Peace may also bind to the good Behaviour the Putative Putative Father of a Bastard-Child father of such a Bastard-Child as is like to be chargeable to any Parish And this before or after the Birth of the Child But this is best to be done upon Information upon Oath of some other besides the woman with child that the man is suspect for Incontinency for there is no Statute to enable the Justice so to do nor may he as we concerve do it and justifie it upon any other account See Chap. 7. Sect. 6. Numb 39. 3. It is also conceived as clear That any one Justice of Peace may before or Good Behaviour after the Birth of a Bastard-child bind to the good Behaviour any one that shall have any hand in the shifting away of the putative Father or Mother of a Bastard-child whereby it may be left to the chaâ—ge of a Parish But the binding in both these cases must be dâ—scretional Acts in the Justices by the Common-Law and not grounded upon the Statutes 4. There must be two Justices of the Bastard-Child Peace and one of them of the Quoâ—um to take course and make orders for the relief of the Bastard ease and safety of the Parish corporal punishment of the Mother and reputed father and to commit them to prison â—ill they obey the same Order or appeal to the Sessions Or if they do appeal to the Sessions as they may then there must be two such Justices to bind them to appear there and to stand to the Order of the Sessions if it make any otherwise to the Order that the two Justices of Peace hath made For one Justice alone may not do either of these things But that the Justices be not mistaken in the making of this Order and the exercise of their power upon this Statute they are to know these things 1. This Order must be made by two Justices and one of them must be of the Quorum and it cannot be done by one or by two and neither of them of the Quorum Also some make question if it may be done by more then two Justices See Steel's Report 114. 2. It is necessary they be the nearest or next Justices to the place where the Parish to be relieved is but it may be made by any two such Justices of the County See Steel's Rep. 154. 245. 246. 3. This Order must be made at a private meeting And therefore such an Order made at the Quarte-Sessions is not good but illegally made aâ—d all the pâ—oceeding thereupon will be also illegall Stile 's Rep. 475. 4. It must be made about a Bastard-Child And therefore an Order made against a man in these words That he shall keep his reputed child not expressing Whether it be a bastard-child or not is held to be naught Stiles Rep. 154. 5. It must be made against the person that is suspect to have the bastard-child and not another person And for this An Order made by the two Justices of Peace that another man should contribute to the half charge of the keeping of the child because he had suffered a Souldier to get it upon his Maid was held to be void Steeles Rep. 267. 6. The Order must be pursuing the Act of Parliament to this effect to save the Parish harmlesse or to secure it from the charge of the child Or to keep the child And therefore it hath been ruled That an Order to pay money weekly towards the keeping of the bastard-child is not good Steel's Rep. 14. 386. 7. This Security must be given to the Parish where the bastard-child is born and it must a Parish within the County where the two Justices of Peace have power Steel's Rep. 14. 368. 8. The Order must expresse how long and a certain time that the reputed Father is to keep the child or to secure the Parish Steel's Rep 154. And the Order is plainly to expresse all these things Or else it will no be good but being removed into the Upper-Bench will be quasht for insufficiency 9. This Order being made we do not conceive what the Justices of Peace can do more upon this Act out of their Quarter-Sessions but what is exprest in the Act of 18. Eliz. 3. 10. It is made a question Whether the Justices upon this Law may
examine upon oath And as to this we do conceive that they may if they please examine without Oath and thereupon ground their Order and this will be good enough Or perhaps they may examine upon Oath for the matter about which it is being Incontinency it is within their Connusance and that about which they take Informations upon Oath and for which they bind to the good Behaviour See Chap. 7. Sect. 6. For the power of sending the woman to the house of Correction is Bridewell onely in the Sessions and was appointed by 7 Iac. 4. And therefore could not be intended by that of 18 Eliz. 3. And we take it that no punishment can be intended therein but the binding of them both to the good Behaviour and to appear at the Sessions which for Good Behaviour Incontinency they might do by the Common-Law 5. But now by 7 Iac. 4. it is said That for a lewd woman that hath had a Bastard-Child that may be chargeable to the Parisâ—â—â— That two Justices of Peace may out of Sessions send her to the House of Correction But there Caution to Justices being no way of Conviction before the Justice or how they may be assured of the matter of fact we think it not safe for any Justices of the Peace to do this out of the Sessions see Chap. 7. Sect. 6. 6. We know nothing that the Justices of the Peace can do out of Sessions upon the Act of 10th of May 1650. against Incest c. save onely in the case of Fornication any one of the Fornication Justices of the Peace before whom the Conviction shall be had may take the Recognisance of the offender for the good Behaviour for a year the which he must give before he can be delivered after his three moneths Imprisonment SECT 28. About Innes Ale-houses Taverns Victualling-houses And Inne-keepers Ale-house-keepers c. AS to all these things this first of Inne-keeper all is to be known 1. That any one that will may erect and keep up an Inne for the Entertainment Lycense of strangers onely without any License of the Justices of the Peace But if an Inne-keeper will sell Ale Beer or Cyder by retail in his house or will entertain others besides strangersin any case there to be drinking or eating for money in this case he must have a License from the Justices Resolution of the Iudges 22 Iac. Hutton's Report 99. 2. The Justices of the Peace cannot in or out of their Sessions put down an Inne or discharge an Inne-keeper from selling of Ale Beer c. although the man be unfit the place inconvenient or he keep disorder But he and his house must be suppressed by Indictment Common Nusance way of Indictment against it as a Common Nusance at the Assizes or Sessions And if an Indictment be against a man for keeping of all order onely the Judgment must he to disable him onely as to that Inne But another man may keep and continue it an Inne still Hutton's Rep. 100. 3. The Justices may at their pleasure stint the number of their Ale-houses But they may not stint the number of Innes Nor is there any way to suppresse or restrain the Innes so likely as to hold them to the strict observance of the Lawes for the Assize and against Tipling made 1 Iac. 9. 4 Iac. 4. 1 Car. 4. 4. A disability of an Inne-keeper cannot be for three years upon the Disability Statutes of 21 Iac. 1. 5. Vintners that keep Innes and Victualling-houses are to be bound by the Statutes of 1 Car. 4. 1 Iac. 9. and 4. Iac. 1. as to Tipling and the other offences named in those Statutes But the other Statutes made against Ale-house-keepers do not bind Vintners or Inne-keepers unlesse they be named in the Statute And therefore they are Victuallers not taken to be included within 5 and 6 Ed. 6. 25. 6. The Quarter-Sessions or any two Justices one of them of the Quorum out of Sessions may put down Ale-houses at their pleasure Upon 5. and 6 Ed. 6. 25. 7. Victuallers and Ale-house-keepers and such like Tradesmen may buy and sell again in their houses by way of Retail and not be under the penalty of the Lawes made against Forestalling Forestalling c. c. 5 Ed. 6. 14. 13 Eliz. 25. 2. As to him that doth use to sell Selling without Lycense Ale Beer Cyder or Perry by Retail without License except in Fairs at Fair-time In this case any one Justice of Peace may upon his own view the offenders confession thereof or upon the proof thereof by the oath of two Witnesses for the first offence send his Warrant to the Constables and Church-Wardens of the place where the offence is done to levy of the offender's goods 20 s. to the use of the Poor of the place where the offence is done by distresse and after three dayes past by sale thereof rendring the over-plus And for lack of distress and payment thereof in six dayes he may send his Warrant to the Constable to command him to see the offender to be openly whipped And for the second offence the Justice of Peace may by his Warrant send him to Bridewell for a moneth And for the third offence he may send him to the Bridewell till the Sessions discharge him And if the Officer Officer neglect his duty in this The Statute doth give the Justice of Peace power to send him to the Goal till he pay the 40 s. Forfeiture to the poor or to cause him to be whipped 3 Car. 3. But the Statute doth not say how the Officer is to be convicted of this offence and Caveat to Justices therefore it is not safe for the Justice of Peace out of the Sessions to act against the Officer upon this branch of the Statute But to have him punished in the Sessions upon the Common-Law See the Warrant for this in the Cabinet Chap. 12. Sect. 10. and Ch. 7. Sect. 6. But upon 5 and 6 Ed. 6. 25. There must be two Justices to send to prison him that so selleth Ale Beer c. but in a Town in the Fair-time against the Justices of Peace order or without Licenses of the Justices first had either in their Sessions or at least of two of them and one of them of the Quorum out of Sessions there to remain in prison for three dayes without bayl and after till he enter into Recognisance with two Sureties never so to do again And to certifie the offences and Recognisance to the Sessions to make the offender liable to the Fine of 20 s. But Caveat to the Justices we conceive this sending to prison not warrantable out of Sessions upon this Statute and that it is not safe for two Justices out of the Sessions to send out such a Warrant For there is no way to convict the offender Of his offence set down by the Act. See Chap. 7. Sect. 6. 3.
As to the Inne-keeper Ale-house-keeper Tipling suffered by the Inne-keeper Taverner or Victualler that doth suffer any one of the same or of another Parish to sit Tipling in his house In this case any one Justice of Peace may upon his own fight hereof or the confession of the offender or the proof thereof by the oath of one witnesse which he may administer convict him of it And after this Conviction he is to give notice of it to the Constables or Church-wardens of the place where the offence is done and call upon them to do their office therein which is to levy of the offender's goods 10 s. forfeiture for the offence to the use of the poor of the place where c. by way of distresse of goods and after six dayes by sale thereof rendring c. And if it be not paid or there be no distresse to be had the Constables or Church-Wardens that had the notice they are to certifie the same to any one of the Justices of the Peace And thereupon the same Justice of Peace may send his Warrant to commit the offender to Goal till he pay the same forfeiture And also to give him notice That he is disabled for three years to keep any Ale-house again And if these Officers do not levy the money Officers nor certifie the lack of distresse or non-payment within 20 dayes to the Justice of Peace The Statute saith That the Justice of Peace by Warrant under his hand and seal shall levy 40 s. penalty â—pon them by way of distâ—essâ— of goods And this distresse to be detained six dayes then prized and sold rendring c. And for lack of such distresse the same Officers to be sent by the same Justice to the Goal till they pay their forfeiture But doth not say how the Constable or Church-Wardens shall be convicted of this offence And therefore the Justice may Caveat to Justices not send such a Warrant to levy it but this punishment may be inflicted by the Justices of the Peace in their Quarter-Sessions against the Officers for their neglect by the general power of Oyer and Terminer given to them by the Act. Also the Justices in this case must take heed of sending their Warrant against the Inne-keeper c. for the 10 s. For the Constable and Church-Wardens are by their Office to do it without Warrant 1 Iac. 9. 21 Iac. 7. 1 Car. 4. 3 Car. 3. See Chap. 7. Sect. 6. Quest 19. 4. As to the Inne-keeper Ale-house-keeper Assife Vintner c. that shall sell lesse then one quart of the best and two quarts of the small Ale or Beer for a penny In this case any one Justice of the Peace may upon his own sight of it the confession of it by the party or proof thereof by the oath of one Witnesse which he may administer convict him of it and after his conviction proceed against him as he is to do in the last case before against the Ale-house-keeper for suffering tipling in his house And so also against the Officers throughout 1 Iac. 9. 21 Iac. Caveat to Justices 7. 1 Car. 4. with the same Caveat as in the last See for the Warrant in the Cabinet Chap. 12. Sect. 6. 5. As to him that is drunk In this Drunkennesse case any one Justice of Peace may upon his own view or the offenders confession thereof or proof by the oath of one witnesse convict him And for the first offence he may within a week after the conviction send his Warrant to the Constable of the place where c. to levy of the offenders goods to the use of the poor c. 5 s. if it he not paid in within a week after the Conviction by way of distresse and sale of goods c. And for lack of distresse the offender is to be put in the Stocks six hours And Caveat to Justices albeit there is no expresse power by the Act given to the Justice nor to any others to do this Yet it is conceived that the Justice may safely do it And therefore that he may safely follow my Presidents in the clark's Cabinet herein to make his Warrant forth in this case to do it For the words of 4. Iac. 5. are That if the offender lack a distresse he shall be commited to the Stocks six hours But it doth not say the Justice shall commit him to the Stocks Or that he shall send his Warrant to do it But this must as it is conceived be necessarily understood For the Act of 21 Iac. 7. hath these words That one Justice may convict him and the offender shall be punished as in the Statute is appointed And if it be the. Ale-house-keeper that is drunk the Justice is to give him notice that he is disabled for three years to keep an Ale-house again And for the second offence in any Drunkard the Justice of Peace is to put him to give two Sureties for his good Behaviour in a Recognizance of 10 l. And in this Statute there is the like Clause to punish the Officers neglect as is in the two last before the third and fourth Number But no way of Conviction except it may be by the parties own confession upon the general words of 21 Iac. 7. in the beginning thereof But Caveat to Justices this being doubtfull it is not safe for the Justice of Peace to grant his Warrant against the Officers for this But to leave it to the Sessions 4 Iac. 5. See the Warrant on this part in the Cabinet Chap. 12. Sect. 3. But no Justice of Peace can punish any man for this offence of Drunkennesse after six moneths is past after the offence is committed See Chap. 7. Sect. 6. Numb 24. 6. As to the Townesman or Stranger that shall be tipling in an Inne Tipling Ale-house or Victualling-house and not invited by a Traveller and during the Traveller's stay there onely and labourers that are there for the conveniency of their work or one that is there for cause to be allowed by two Justices of the Peace In this case any one Justice of Peace may upon his own view thereof the confession of the party or proof thereof by the oath of one witnesse send his Warrant to the Constables of the place where c. to levy of the offenders goods to the use of the poor c. 3 s. 4 d. by way of distress and sale rendring c. And for want of distresse to set him in the Stocks for four hours And to give the Inne-keeper notice that he is disabled c. 4 Iac. 5. 21 Iac. 7. See the Warrants for these things in the Cabinet Chap. 12. Sect. 4. 7. No man is to be punished twice for the same offence in any case upon these Statutes 3 Car. 3. 8. There must be two Justices and License one of them of the Quorum to give license to any man out of Sessions to sell Ale Beer Cyder or
of the place where c. to levy of the offenders goods the double value of what is brewed c. to the use of the poor of the place where c. and of the Informer by way of distress and sale thereof rendring c. And for lack of distresse and non-payment thereof to send him to Bride-well for three moneths and untill he pay it See Chap. 7. Sect. 6. Ord. Excise 17th Septemb. 1656. 10. As to Books written against the Books against the Day Morality of this day and to countenance the profanation thereof In this case any one Justice of Peace may burn them himself or cause them to be burnt by others Upon Ord. 6th of April 1644. 11. All persons must on this day apply How the Day is to be kept themselves to the Sanctification of it by exercising themselves thereon in the duties of Piety and Religion publikely and privately Upon Ord. 6th of April 1644. And this is added thereunto by the new Act That if he be not allowed by some one Justice of Peace to absent himself he is every Lords-day to resort to some Church Chappel or other convenient meeting-place of Christians not distering in matters of Faith from the publike profession of the Nation being the true Protestant Christian Religion contained in the Holy Scriptures of the New and Old Testament under pain of 2 s. 6 d. The which any one Justice of Peace upon his own Sight the confession of the party or the Oath of one witnesse may by his Warrant cause to be levied of the offenders goods by way of distresse and sale thereof rendring c. But nothing can be done upon this new Act of 17. Septemb. 1656 but what is done within a moneth after the offence is done 12. Any one Justice may license a License man to be absent from Church to travail or do worldly businesse to be in an Inne or such like house to go earlier out of his Inne Manday morning or come later into his Inne Saturday night or to have a Coach Horse-Litter Boat to travail and pasle in it on this day Upon the Lawes before-named 13. By the new Act of 17th of September 1656 most of all the offences before named are called a profanation of this day and some others as playing on Instruments vain Singing Dancing the going of Fulling-Mills the working in the washing whiting or drying of Cloaths threed or yarn the setting up or burning of Turf or Beere the gathering of Rates except it be for the poor the melting of Tallow and Wax by Chandlers the baking by Bakers the fitting and carrying home of Cloaths by Taylors the Trimming of men by Barbers the keeping of Fairs and Markets and vain and idle walking about in any place And by this new Law my one Justice of Peace in case of any of these offences done may upon his own sight thereof the Confession of the party or oath of one witnesse send his Warrant to the Constable of the place where c. to levy of the offenders goods 10 s. by way of distresse sale c. to the use of the poor of the place where c. But no Conviction can be of any man for any offence within this Law but what is made within a moneth after the offence done And by this new Law any one Justice of Peace may within this moneths time after the offence send his Warrant to search for discover apprehend and bring before him such persons as he is informed have profaned or do profane the day in any of the particulars before named But here we Caution cannot but tell you That the offences formerly named of Travelling carrying burdens and doing worldly labours or work of their ordinary Calling the keeping using or being present at Wakes Revells wrestlings shootings leapings ringing of Bells for pleasure Bowlings Feasts Church-ales May-poles Gaming Bear-bayting Bull-baiting Butchers and others using of their Trades which were offences against other lawes before the making of this Law seem all tobe comprehended within this time now by the words of this Law as to this purpose are provided That no person shall be impeached or molested for any offence within this Act unlesse he be thereof convicted within one moneth after the offence committed And then it will follow That as to all these offences newly named by this Act they cannot be punished by any of the former Lawes but it must be done within the moneth And the Justice of Peace must therefore be wary what he doth herein and take heed how he useth the Warrants we have advised and drawn in the Clarks Cabinet as touching the Lords-Day that do not agree with the Advice now herein laid down without very good Advice SECT 32. About Mault 1. ANy one Justice of Peace may direct the Constable to sell such deceitfull Mault as he upon Search shall find at the price the Justice shall set down Upon 2 Ed. 6. 10 27 Eliz. 14. 1 Iac. 25. 3 Car. 4. 21 Iac. 28. 2. There must be two Justices of the Recognisance Peace to convict an offender by his own Confession or the Testimony of two witnesses of his breach of a Sessions-Order made for the Restraint of Maulsters and to commit him to Goal three dayes and after till he become bound in a Recognisance of 40 l. to obey the Order Upon 39 Eliz. 16. 3. Any one Justice of Peace alone may take the Recognisance of 40 l. mentioned in the last head Upon 39 Eliz. 16. SECT 33. About Masters Servants and Apprentices 1. ANy two Justices of the Peace Speciall Sessions one of them being of the Quorum may twice a year between Michaâ—mas and Christmas and Lady Day and Iohn the Baptist for three dayes at a time keep a speciall Sessions onely to enquire of the matters and severely to punish the offences against the Stat. of 5. Eliz. 4. about the Hiring Keeping Departing working wages and order of Servants Workmen Artificers Apprentices and Labourers And the Justices are to have each of them 5 s. a day out of the Forfeitures for the time the Sessions doth last for their pains herein 2. It is said that any one Justice of Peace may out of Sessions upon this Law do any one of these things following 1. By the Agreement of the Master and his Apprentice and by writing under the Masters hand discharge the Apprentice of his Apprentiship 2. Allow of the cause of putting away of a Servant but not of an Apprentice within his time 3. Hear and end any difference that shall arise between the Master and his Servant or Apprentice about his not Serving being hired his parting before his tinie be ended or his misbehaviour in the time of his service and make an order herein between them And if the Master will not obey it bind him to appear at the Sessions and if the Servant or Apprentice refuse to obey it bind him to the good behaviour and to appear there also
their Sessions And that if the Justices will do any thing against such persons out of the Sessions it is more safe to do it by binding of them to the Good Behaviour good Behaviour SECT 34. About Ministers or Preachers 1. AS to him that shall wilfully disturb a Minister in his open Sermon Disturb him in his Sermon or rescue him that hath so done In this case any one Justice of Peace upon Complaint hereof onely may commit him to safe keeping for six dayes But then there must be two Justices one of them being the same Justice that did commit him who within the six dayes must examine the matter And if they find either by his own Consession or the proof of two Witnesses that he is guilty of the offence then may they commit him to prison for three moneths Upon 1 Mar. 3. But this Statute doth Caveat to Justices not say Whether the proof shall be by oath nor give power to the Justices to administer the Oath And therefore it is best to let such an offender be punished by the Sessions 2. But now by the New Act of 17th of September 1656 If any do of purpose molest a Minister in his Preaching or other publike duty upon any day or in his going to or coming from it Or do make any publick disturbance upon any part of the Lords-day And he be thereupon brought as he may be Lords-day to a Justice of Peace The Justice of Peace may either upon sight of it the parties own consession or the proof thereof by the oath of one Witnesse commit the offender to Prison without Bayl till the next Quarter-Sessions But this may not be done neither by this Act except it be done within the moneth after the offence is committed 3. As to a Scandalous Minister duly Eeected Ministers disturbed by them that were cast out put out of any Living by authority of Parliament that doth enter upon and out the Minister put in his Room and by himself or others binder him to receive the profits thereof In this case any two Justices of Peace may upon proof hereof by two witnesses but doth not say upon Oath give such damages to the party wronged as they think fit and settle him that is so put out in his quiet possession and in this raise the Trained-Bands to assist him And if he shall by himself or other make any disturbance upon the Minister so put in in the execution of his Office the same Justices upon proof thereof by the Oath of two witnesses may commit the offender to prison for one moneth Upon Ord. 23 of August 1647. and 8th of November 1644. and 4th of April 1648. and August 1654. and 17th of Septemb. 1656. SECT 35. About a Mittimus AS to this Mittimus which is the Justice of Peace his Warrant by which he sends a Prisoner to the Goal or to Bride-well take these things 1. It must be in Writing under the Name Hand and Seal of the Justice 2. It must expresse his Office Place and Authority as W. S. Esquire one of the Justices c. 3. It must be directed to the Gaoler or keeper of the Prison 4. It must expresse both the Names the Christian and Sirname of the party committed 5. It must expresse the cause somewhat certainly of his Commitment as that it is for Treason Burglary or Robbery or for Felony or the Suspition thereof and where it is for Felony to say for Felony by stealing a horse and the like 6. It must have an apt Conclusion The prisoner safely to keep untill he be delivered by due order of Law and the like 7. And lastly it must expresse the time of the making of it Coo. 2. Part of Instit 591. And a Mittimus with this cause To answer to such matters as shall be objected against him Or To keep the prisoner till he that made it shall give order for his deliverances is not good And so if it be a Commitment to Bride-well it is good to set down the cause as to say because he is an idle or inordinate person c. See Presidents for it in the Clark's Cabinet Chap. 25. and in Chap. 6. SECT 36. About Night-walkers AS to Night-walkers that are idle Fellowes who use to sleep by day and walk abroad by night and are suspected to live by some dishonest courses In this Case any one Justice of Peace either of his own head if he know them to besuch or by the Information of others upon Oath thereof by his Warrant may cause them to be arrested and to be brought before some Justice of Peace to put in Surety for their good Behaviour or else to be sent to Gaol till they so do And if any Watchmen of their own heads do arrest such as they may and bring them to the Justice of Peace to be so dealt with the Justice may so proceed against them See Good Behaviour SECT 37. About Oaths AS to this these things are to be known 2. The Oaths of Allegiance Obedience and Supremacy named in 1. Eliz. Oath of Allegiance c. 3. 4 Iac. and other Statutes they are all of them taken away by the Act. 9. Ianuary 1648. 2. Any one Justice of the four that do License a confined Recusant to Travel To a Recusant may give him the Oath appointed by the Statute of 3 Iac. 5. 3. Any one Justice of the County where a Robbery is done and dwelling To him that is robbed in or near to the Hundred wherein it is done may within 40 dayes of the doing thereof take his Oath that is robbed whether he knew any of the Thieves upon 27 Eliz. 13. 4. Any one Justice of Peace may To him that desires surety of the Peace give the Oath to him that desires surety of the Peace against another See Peace 5. Any one Justice of Peace may give the Oath to these Offices following when they come into their Officers By common usage they give the Oath to the High-Constable and the Petty-Constable To Constables and some other Officers And they may give the Oath to the under Conservators of Rivers But to swear Over-seers of Cloath there must be two Justices 6. There must be two Justices of the Peace one of them of the Quorum without Commission to give the Oaths of the under Sheriffs their Bayliffs Deputies and Clarks at their first entrance To the Undersheriff and his Officers into their Offices Upon 27. Eliz. 12. 7. There must be two such Justices to give the Oath to the Collectors of the Sheriffs Amercements for the County Court that they shall Collect no more then is due Upon 11. H. 7. 15. 8. Any two Justices of the Peace may give to the Overseers of Cloath their To Over-seers of Cloath Oath upon 3. Ed. 6. 2. 39. Eliz. 20. 43. Eliz. 12. 9. Any two Justices may give them To Over-seers of them that are sick of the Plague their
Oath that are to be Overseers of them that are infected with the Plague upon 1 Iac. 31. 10. There must be three Justices To them that deprave the Sacrament one of them of the Quorum to take the Information of witnesses against such as speak irreverently of the Lords Supper Upon 1 Ed. 6. 1. 11. And what Justices may take the Informations upon Oath against other Offenders upon penall Lawes see in the Severall Titles 12. The Justices must take heed of New oaths imposing new Oaths especially out of Sessions For it is a Rule That the giving of every Oath must be warranted by Act of Parliament or by the Common law time out of Mind Coo. 2. part Inst 479. They must also take heed of imposing the old Ceremony of How an Oath must be taken laying the right hand on the Bible in the taking of an Oath For any man may now if he will in stead thereof during the time of his taking of it hold up his right hand onely See the Act of 5 Septemb. 1649. For the Oaths of Mayors c. SECT 38. About Officers and Offices AS to this And what the Justices of peace may do about this out of their Sessions these things are to be known 1. That the Justices of the Peace of the County have somewhat to do in the making and Government of divers of the Officers of the County Hundreds Parishes and Places within the County 2. The Treasurers of the County-stock albeit they be chosen and made at Treasurers of the County-stock Masters of Bride-well and are under the Government and order of the Quarter-Sessions yet may any two Justices by order of the Sessions levy by sale of goods the Fine set by the Sessions on the Treasures for the neglect of their office Upon 43 Eliz. 2. 3. Any one Justice may punish the defaults of Sheriffs by not returning Sherâ—ffâ—â— good Jurors to enquire in a case of Forcible entrie before him upon 8 H. 6. 9. But see more of this in Sheriffs Sect. 50. 4. What one Justice may do in the making or remove of Constables See constables Constables Sect. 11. of this chap. 5. The Justices themselves being all of them Conservators of the Rivers Conservators of Rivers each of them may choose others under them to over-see the Rivers upon 27 R. 2. 9. 6. Any two Justices may appoint searchers of Tiles upon 17 Ed. 4. 4. Searchers of tiles 7. Two Justices may make and call to account once a year Overseers of Overseers of Cloath Cloath and bind them by Oath and bond to do their duty Upon 3. and 4. Ed. 6. 2. 8. Two Justices of the nearest to the Overseers of the poor Parish are within a Moneth of Easter every year to appoint two or more of every Parish to be Overseers of the Poor of the Parish For which See 43. Eliz. 2. and poor Sect. 43. of this chap. 9. Two Justices of the nearest to the Parish must under their hands and feals Church-Wardens approve the yearly choice of the Church-wardens of Parishes For this see Church Sect. 9. of this chap. 10. Two Justices may call Treasurers of the County stock High-Constables Calling them to Account Petty-Constables or others their Executors or Administrators who have been formerly trusted with the Receipt of any Money charged on a Parish by the Statute of 43 Eliz and order the payment thereof to the County Treasurers So they may call them to an account for any money belonging to maimed Souldiers And so Officers that have received any money to the use of the poor Upon the Ord. of May 1647 and 24. of December 1647. But for the Accounts of Church-wardens Overseers of the Poor Surveyors of the High way See in the Titles themselves 11. Any one Justice may call Watch-men Watch-men to an account of the Execution of their Office And if he find them negligent therein cause them to be bound to the good behaviour or to be indicted at the Sessions for it 12. For other things about Rogues Drunkards Sabbath-breakers Poor Church and the like what Warrants Justices may send to Officers and what they are to do upon them See in the proper Titles SECT 39. About the Peace and Surety of the Peace ANy one Justice of Peace may of his own head without Motion of another and by his own power put him to give Sureties for the Peace that he knows to be a common Ryotor or common Barretor or that maketh an Affray upon him or upon another in his presence or that is about to make an Affray or that doth threaten another to beat or kill him or burn his house or that doth go or ride armed in a terrible way or the like without any information complaint or Oath of anyother man Also he may upon the request of another and the offer of his Oath that he standeth in fear of his life or some bodily hurt or the firing of his house by another man whether it be true or false take his Oath or perhaps he may do it without Oath for we conceive it to be in his discretion And then he may send his Warrant to bring the party before him or some other Justice of the Peace if he be not in his presence to give surety for the Peace or if he refuse to carry him to Goal till he so do And if he be in his presence he may require him to put in Sureties to keep the Peace And the Sureties and the Sum in which they are to be bound must be according to his discretion which is to be guided by reason and to be greater or lesse as the case is more or lesse dangerous And if he refuse so to do he may send him by a Mittimus to the Goal till he shall so do But for and after an Affray past and without any such Oath taken or cause of Suspition of a new Affray Caution to Justices to send this Warrant and take this Surety or to send to Goal any man refusing is not safe for a Justice of Peace And yet if he have proof that the Affrayors are newly parted and like enough to fight again there perhaps he may put them both to give surety for the Peace SECT 40. About Playes and Games AS to such as keep houses of Dicing Cards Dice Tables c. Carding Tables and of the like unlawfull Games and such as haunt such houses and play there not Licensed by the Lord Protectour Any one Justice of Peace may in this case go into the house he doth suspect where such Play is And if he catch them in the manner and they be not such as are excepted in the Law he may commit the keeper of the house and those that play in his house to prison untill they enter into Recognizance never to offend so again But he as we conceive Caution to Justices may not without good advice send his Warrant
or any other Earth or Clay which may be used in the Art of Fulling beyond Sea and the owner of the ground where it is digged do by a note under his hand ofter to discover it to any one Justice of Peace This Justice must receive it and within three moneths aâ—ter the discovery Certificate thereof make it known by his Certificate under his hand and seal to the Batons of the Exchequer 9. Jan. 1647. SECT 58. About a Trespasse in Orchards Woods c. AS to him that shall cut or carry away standing corn rob Orchards or Gardens of Fruit c. break hedges or do any such like thing that is not Felony In this case any one Justice of Peace upon the confession of the offence by the party or proof thereof by the Oath of one witnesse may order the offender to give the party wronged such satisfaction as the Justice shall think fit Or if he judge him unable to make any satisfaction by money or however in case of a second offence the Justice may send his Warrant to the Constable to whip him And if the Constable neglect to do his duty upon this Warrant the Justice may send him to Goal till he procure the party to be whipt according to the Justice of Peace his Warrant 43 Eliz. 7. But there is no way nor power given to the Justice to convict the Constable of this neglect And therefore this punishment may not be inflicted but in a Sessions-way If the Justices have power of it there Wherefore otherwise they may fine him or bind him to the good Behaviour for his contempt as an offence at the Common-Law Some say also that for a common-hedg-breaker woodstealer or robber of Orchards That he may be sent to the House of Correction Bridewell which is more then we dare affirm But this is certain That if it be done it must be done by order of the Justices of the Peace in and not out of the Sessions SECT 59. About warrants made by the Justices AS to the Warrants the Justices of Peace are to make these things are to he heeded 1. It is safe for the Justice to make all his Warrants in writing 2. To see they be perfectly done when the Justice doth Subscribe them And not to leave them with blanks to be filled up afterwards by others 3. In all cases his hand must be subscribed and in some cases his Seal is necessary And therefore it is best in all cases to put his hand and affix his seal to it 4. For the manner of penning it He may if he will put the style of it in the Lord Protector 's Name thus Glouc. ff Oliver Lord c. Or he may send it in his own Name A. B. Esquire one of the Justices c. Or without any style at all thus Complaint being made to me c. These are to require you c. And it may be with or without a Tesle But it is Teste not amisse to say Witnesse my hand and seal c. And a certain Date of the Date day moneth and year may not be omitted See in the Clerks Cabinet and in the 30th Chapter of my first Book of the Justice of Peace his Office more of this 5. The Justice is to take care hi Warrant be penned plainly and clear ly that the Officer that is to execute it may understand and to declare ambiguous words in it Such as this That you cause to come before me for by this he may not understand whether he may fummon him to come or bring him prisoner And therefore to say rather That you warn or summon bin to come or be before me c. 6. If the Warrant be to be grounded on a Statute-Law the more care must be had in it exactly to puâ—sue the directions of the Statute therein And where the Statute saith It shall be under the hand and seal of the Justice or to the Constables and Church-Wardens accordingly to pen it 7. If a Warrant be made by a Justice to apprehend a man and bring him before this or some other Justice of the Peace it is safe to set down in the Warrant the cause of it as that it is to put in Sureties of the Peace or for the good Behaviour or because he is charged with a Felony or the like And to be sure the cause will bear such a Warrant And therefore we cannot approve at any hand the usual Warrant to attach or apprehend men and bring them before a Justice of Peace and say no more but for misdemeanor onely or to answer to such matters as shall be objected against him See for this Coo. 2. Part of Inst 59â— 8. Where by a Statute-Law power is given to a Justice or Justices of the Caution Peace to commit to prison Bride-weil or the like in case of lack of distresse or insufficiency or the like whereby to levy the forfeiture There the best way for the Justices is to do it by one Warrant thus and therein pursue the words of the Warrant thus That you levy of the goods c. And in case you can find no distresse or for lack of distresse or that the party be insufficient c. That then you carry him to Goal for three dayes Or that you whip him c. as the case is according to the Statute in that case provided Rather then to take upon him to know his insufficiency or lack of distresse And thereupon to send a second Warrant absolutely to do it 9. Where any of the Presidents in the Clarks Cabinet do differ from the things we have laid down in this Work our advice is that you do not follow them SECT 60. About Watch and Ward ANy one Justice of Peace may cause Watches to be set from Sun to Sun between Aseension and Michaelmas-day But it is handsome to do this by two or more Justices of the Peace at a Meeting of Justices And if neglect be found in them that Watch or look to the Watch one Justice alone may punish it perhaps by binding to the good Behaviour or Good Behaviour which is more safe he may cause him to be Indicted at the Sessions for it SECT 61. About Weights and Measures AS to him that shall buy or sell by or keep any other Weight or Measure whereby any thing is bought or sold then according to the Standard of the Exchequer In this case any one Justice of Peace may upon the proof hereof by the oath of one witnesse convict him and then may send his Warrant to the Church-Wardens and Overseers of the place where c. or one of them to give them notice hereof who by their Offices are to levy of him 5 s. to the use of the Poor of the place where c. by distresse and sale of goods rendring c. And if there be no distresse the Act is to send the offender to Goal till he pay the Forseiture But it
Be guilty or not And the Jury doth find him Guilty And this is the common way of Tryall But there are in some special cases other wayes of Tryall there by Certificate Examination of the offenders and witnesses but this is very rarely used The Statute-Lawes Acts and Ordinances of Parliament wherewith the Justices of the Peace have to do are many And those especially as to the point of Conviction of offenders and the execution thereupon they are variously penned Not three of threescore of them do agree therein but are of severall forms of drawing in that part For 1. As to the persons that are to do the work Some of them say That the Justices of the Peace of the County may do it Some That all the Justices may do it Some That any of the Justices may do it Some That any one of the Justices may do it Some direct That the thing must be done by one some by two some by more Justices And some That one of them that do it must be of the Quorum 2. As to the place where they are to do it Some of the Lawes say That it shall be done by the Justices and do not say where is shall be done Others say It shall be done in the Quarter-Session Others in the General Sessions Others in the open Sessions or in the publike Sessions Others in the General or Quarter-Sessions Others in the ordinary Sessions Others at the usual and General Sessions And others say in the Sessions Others in any Sessions of the Peace c. 3. As to the words by which the Justices are empowered Some Statutes c. give to the Justices power and authority by these expresse words That they shall have power Others are That they shall do it Others That they may do it Others That it may be done before or by them Others thus Such a thing to be done by the Justices of the Peace and the like 4. So for the manner of the doing of it 1. For the Conviction of the offender of his offence Some Statutes c. set down a penalty and say That the Justices shall hear and end it and do not say how Others say That the Conviction shall be by the Oath of witnesses some by one some by more witnesses Some by the hearing view or sight of Justice of Peace Some by the Consession of the offender Some by the proof not saying upon Oath of Witnesse or Witnesses Some by Information Some by Examination And some by Certificate Some by any one some by two or three of these wayes And some give power to administer the Oath and some give no power to administer the Oath 2. And so for Execution Some direct somewhat to be done and say not who shall do it Some of them direct the Justice of Peace to make a Warrant and say not what Warrant whether in writing or under hand or seal or to whom it shall be directed Some are appointed to be sent to the Constables some to the Church-wardens some to Overseers of the Poor and some to two sorts of them Some appoint the Warrant to be in writing and under the hand and seal of the Justice of the Peace 5. And so for the matter or thing to be done Some to hear and determine in the offence some to punish the offender some are to put the Statute in execution Others to punish offenders against that Law Some give a power to commit the offender to the Goal some to the Bride-well some to distrain his goods c. Some are to convict the offender and then to proceed to execution Others are That the Justices shall convict the offender and then certifie this Conviction to some other Court c. We shall lay down divers examples of these things And then give our opinion upon them by way of Question and Answer SECT 2. 1. Some of the Statutes c. we speak of seem to give to the Justices of the Peace a power to do something onely or cheifly in the Sessions of the Peace And some again seem to give them a power to do somewhat with out the Sessions of the Peace And some again seem to give them a power to do something within and without the Sessions as they please to do it And some seem to give a Power to do the work part of it without and part of it within the Sessions 2. Some Statutes Acts and Ordinances of Parliament are penned as to the Conviction of Offenders to this To hear and Determine Horses Sheriffs High waies and Bridges Fish Victuallers Guns Perjury Navy Lords-day Forcible Entry Captains Prophecies Hunting Gold and Silver Blasphemy Wandring Souldiers and Mariners purpose That the Justices of the Peace shall have power to hear and determine the offences So is 2 and 3 Ph. and M. 7. 31 Eliz. 12. 32 H. 8. 13. of Horses 27 Eliz. 7. 12. Of Sheriffs 12 March 1649. of Butter 18 Eliz. 12. of High-wayes 22 H. 8. 5. Of Bridges 1 Eliz. 17. of Fish 2 and 3 Ed. 6. 15. of Victuallers 33 H. 8 6. of Guns 5 Eliz. 9. of Perjury 8 Eliz. 5. of the Navy 17 Septemb. 1656 of the Lords Day 8 H. 6. 7. of Forcible Entry 2 and 3 Ed 6. 2. of Captains 5 Eliz. 15. of Prophecies 5 Eliz. 21. 3 Jac. 13. of Hunting 23 of Eliz. 10. of Hawking 8 H. 5. 3. of Gold 2 H. 6. 14. of Silver 9 August 1650. of Blasphemy 39 Eliz. 17. of wandring Souldiers and Mariners All these and some others do run to this purpose And yet the greatest part if not all of these do differ amongst themselves the one from the other some of them give power to the Justices of the Peace to enquire hear and determine Others to examine enquire hear and determine others to examine and determine And some of them are onely to hear and determine Some of these also are to hear and determine in the Quarter-Sessions others in the generall Sessions Others in the Sessions Others to hear and determine the offences But doth not say where And in some of them there are Additions of other things Some give them power to hear and determine by Bill Plaint c. and some by one way and some by another way and some by no way at all Some of them do add that the Justices shall grant out process Others that they shall fine Others that they shall do execution thereupon according to the Law and the like 3. Others there are that are penned in other words but much to the same purpose As for example One is penned to this purpose That the Justices of the Peace in their Sessions Adultery shall have power to give in charge to a Jewry to enquire and shall enquire by the verdict of twelve men of all the said offences c. And upon Enditement or presentment to hear and determine as in other cases of Felony or Trespasse So 10th May 1650 of Adultery 4. Others to this purpose That a
4. 4. of Tile 32 H. 8. 13. of Horses Horses 4. Another thus That the Justices Mault of the Peace shall enquire hear and determine as well by the Presentment of 12 men as by Accusation or Information of two honest witnesses of for and upon the same offences So 2 and 3 Ed. 6. 10. of Mault 5. Another thus That the Justices Transportation of the Peace shall enquire as well by the Oath of 12 men as also to hear and examine the Masters and Mariners of the Ship and to hear and determine the same offences as they may and ought to hear and determine other offences So 1 2 Ph. M. 5. of Transportation 6. Another is to this purpose That â—orestalling the Justices of the Peace shall enquire hear and determine at their Quarter-Sessions all offences c. by Inquisition Bill Presentment or Information before them and by examination of two lawfull witnesses or by any of these wayes or means according to their discretion So 5 and 6 Ed. 6. of Forestalling c. 7. Another thus That the Justices Weights of the Peace shall by examination or enquiry hear and determine the desaults c. and set Fine according to their discretion So 11 H. 7. 4. of Weights 8. Another thus That all the Justices Pheasants of the Peace in their general Quarter-Sessions and any two of them together out of any Sessions shall examinâ—â— hear punish and determine the offences c. and to administer Oaths and to perform every thing requisite for the due execution of that Law So in 1 Iac. 27. of Pheasants 9. Another to this purpose That all the Forsâ—itures that shall grow by the Conviction of any person within the Statute shall be levied by Warranâ— under the hands and seals of two Justices by distresse and sale of the offenders goods And that if any of the said offences shall be confessed by the offender or that the same shall be proved Rogues by two sufficient witnesses not saying upon Oath before two Justices of the Peace that then such person shall forthwith stand convicted in Law thereof And that any two Justices of the Peace c. shall have power to hear and determine all causes that shall come and grow in question upon this Act. So 39 Eliz. 4. of Such as â—ve at high Rates Vagabonds 10. Another to this purpose That the Justices shall send for the offender and require Sureties of him for the good Behaviour and to appear at the Sessions or if he refuse to give it send him to Goal And that at the Sessions be shall be indicted upon which Indictment if he be legally convict of the offence that he shall be sent to the House of Correction So 17 Septemb. 1656. Of them that live at High Rates Clothes 11. Another is to this purpose That every Justice of Peace of the County shall have power to hear and determine the Complaints of them that are wronged c. by due examination of the parties c. And to commit the said offenders to the next Goal there to remain till damages be paid c. And that every of the said Justices upon complaint of any other may cause the party complained of to come before him and to examine him upon it And if thereby or by other due proof he be found defective that then he shall forfeit c. So 4 Ed. 4. 1. Of clothes 12. Another to this purpose That Yarn the Justices of the Peace shall have power to enquire of the said defaults as well at the Suit of the King as of the party And that they shall examine the Trespassoâ—s and enquire and do execution upon them that be sound faulty by Inquest or Examination to be made by the Judges c. So 8 H. 6. 5. Of Yarn 13. Another to this purpose That if the said offence shall be confessed by Clothiers the offender or proved by two lawfull witnesses before the Justices of the Peace in their Sessions Or before any two Justices of the Peace That then such person of such offence shall be convict and the Forfeiture shall be levied by distresse and sale of goods by Warrant from the two Justices of the Peace before whom the Conviction shall be So 1 Iac. 6. Of clothiers 14. Another to this purpose That Tokens the offender being convict by examination of witnesses or confession taken before the Justices of the Peace in their general Sessions shall suffer any corporal punishment but death they shall appoint And that two Justices of the Peace one of them being of the Quorum may to the Sessions call by process or otherwise the persons susspect or commit him to Ward or let him to bayl till the next Assizes or General Sessions there to be examined and further ordered as aforesaid So 33 H. 8. 1. Of Tokens 15. Another is to this purpose That the Justices of the Peace upon complaint Sheriffs to them shall examine the suspect offender and his Servants And if upon examination they shall find him faulty That then he shall be convict and attaint of the same offence without further Inquisition or examination And he shall forfeit c. And that the Justices shall certifie this Forfeiture into the Exchequer So in 11. H. 7. 15. Of sheriffs 16. Another to this purpose That the Justices of the Peace dividing themselves Servants into several limits shall by all such wayes and means â—â— to their wisdomes shall be thought must meet make a speciall and diligent enquiry of the Articles of that Statute and the execution thereof and where they shall find defaults severely punish it So in â— Eliz. 4. of Servants Wherein there is also a general â—ower of Oyer and Terminer to the Justices of the Peace 17. That the Justices and every of them may examine hear and determine all Complaints and offences that shall be done against that Law and according to their discretion punish such as shall offend c. So 2. and 3 Ph. and M. 16. 18. Another to this purpose That Captains and Souldiers the offender upon due proof of the offence by the Justices of the Peace shall suffer c. So in 2 3 Ed. 6. Of Captains and Souldiers SECT 4. THere are another sort of them and they seem to give to the Justices of Peace a power to do something onely or especially out of the Sessions of the Peace As for Examples 1. One of them is pâ—nned to this purpose 1. If any Justice of Peace of c. upon Lords-Day his or their view or confession of the party or proof of any one or more witnesses by Oath which the said Justice may administer shall find any person offending in the premisses the said Justice shall give Warrant under â—â—â— hand and seal to the Constables or Church-wardens of the place where c. to levy the said Forfeiture by way of distresse c. rendring
the overplus And for lack of distresse That the party offending shall be set in the stocks three hours See 6th of April 1644. and 1 Car. 1. Of the Lords Day 19th April 1650. Of the Lords Day 2. Another to this purpose That if Swearing any shall offend c. in the presence or hearing of any Justice of Peace where the same offence shall be committed or shall be thereof convicted by the Confession of the party or by the Oath of one Witnesse before any Justice of Peace which Oath he shall administer that he shall forfeit c. And that all and every the said Forfeitures shall be levied of the Goods and Cattle of every person so offending by Warrant from such Justice of Peace by distresse and sale thereof restoring c. and in default of payment thereof or security given for it if no distresse be found the offender if above 12 years shall by Warrant from such Justices of Peace be set in the stocks for three hours If above 12 years old then that the Justice of Peace shall give his Warrant to the Constable to whip him So Act. 1650. Of Swearing 3. Another to this purpose That the offender shall forfeit c. being Stage-Players convicted thereof by his own Confession or proof of any one witnesse upon oath before any one Justice of Peace which he shall administer to be levied by the Constables or Church-wardens of the Parish where c. by Warrant of the Justice of the Peace by distresse and sale c. See Old 11th Febr. 1647. Of Stage-Players 4. Another branch of the same Law Stage-Playes is to this purpose That all such offenders as upon view of two Justices of the Peace or any of them Or by the Oath of two witnesses which they may administer shall be proved before any two of them to have offended c. that they by their Warrant under their hands and seals shall cause them to be apprehended and openly whipt in a Market-Town 11th Febr. 1647. Of Stage-Playes 5. Another branch of the same Law is to this purpose That he that offends Lords-Day shall forfeit c. The said offence being done in view of any Justice of Peace c. or being proved upon Oath by two or more witnesses or by the Confession of the party offending before any such Justice of Peace which they may administer All which penalties shall be levied by any Constable or Church warden by Warrant from any such Justice of Peace by distresse and sale c. So 3 Car. 1. Of the Lords Day 6. Another to this purpose That Excise the offender upon due proof thereof made by the Oath of two or more witnesses before any Justice of the Peace of c. shall forfeit c. To be levied by distresse c. And that all Justices of the Peace of the c. are hereby required and authorized to put this Clause in Execution and the said penalties and forfeitures to cause to be paid to the Sub-Commissioners of Excise Act. 14. August 1649. Of the Excise Another after the same manner the offence being proved by the confession of the party and proof by the oath Titles of Honour of one or more witnesses before one or more Justices of the Peace Which said Justice and Justices are hereby authorized and required to cause the same to be paid accordingly and in case of Refusal to levy by distresse c. And for want of distresse to cause the said offender to be set in the publike stocks for three hours So 4th of April 1651. Of Titles of Honour 7. Another to this purpose That the offender shall forfeit 10 5. the same Ale-houses offence being seen and viewed by a Justice of Peace c. or proved by the Oath of two witnesses before any such Justice of Peace which he may administer And that all the said penalties be levied by the Constables or Church-wardens of the place by Warrant from one Justice of the Peace of the County c. by way of distresse to be taken and detained for the Forfeiture And for default of satisfaction within six dayes after the distresse taken the same to be presently apprised and sold and the surplusage to be delivered c. And for want of such sufficient distresse the party offending to be by the said Justice committed to the Common Goal there to abide till the penalty be paid So 1 Iac. 9. 21 Iac. 7. Of Ale-houses 8. Another to this purpose That Drunkennesse the offender shall forfeit c. to be levied by way of distresse by any person or persons having Warrant from any Justice of Peace or Court where any such Conviction shall be So 4 Iac. 4. Of Drunkennesse And after by 21 Iac. it is added thus That proof of one witnesse shall be enough-And that any one Justice of Peace shall have power upon his own view Confession of the party or proof of one witnesse upon Oath which he shall have power to administer to convict any offender 9. Another to this purpose That any two Justices of the Peace may Cloth grant their Warrant to call before them Witnesses and to examine them upon Oath And if it be found by the oath of two witnesses or Confession of the party offending that he hath done it that he shall remain convict of it And the Justices may certifie it under their hands and seals unto the Church-Wardens and Overseers of the Poor of the place where c. And that then immediately after the said Certificate shall be so delivered to such Church-wardens c. and Warrant by them made to the said Overseers and Church-Wardens for the levying of the said Forfeiture it shall be lawfull for them to levy the same by distresse c. And for lack of such distresse it shall be lawfull for the said two Justices of Peace to commit the offender to the Common Goal without bayl till payment be made of the Forfeiture to the Church-Wardens c. 21 Iac. 18. Of cloath 10. Another is to this purpose After Ale-houses a good power given to convict of one offence and to levy the Forfeiture for the same That for another offence it being duly proved in manner as is before limited To be levied in such manner as is before appointed by this Statute So 1 Jac. 9. 4. Jac. 4 5. Of Ale-houses 11. Another thus That any Justice Logwood or Justices of the Peace c. may cause the Servants or Workmen of the offender to come before him oâ— them and them to examine by oath or otherwise And if upon Examination they find the thing to be so That then they may bind them and the Witnesses over and certifie the Examinations to the next Sessions or if they refuse to be bound send them to Goal So 39 Eliz. 11. Of Log-wood 12. Another to this purpose That they that shall offend and the offence be proved by the Consession of
the Pheasants party or oath of one witnesse before two Justices of the Peace That he shall be by the said Justices sent to Goal without bayl for three moneths unlesse he forthwith pay the Forfeiture to the Church-Wardens c. So 7 Jac. 10. Of Pheasants c. SECT 5. THere are other Statutes Acts and Ordinances that as to this point of the giving power to the Justices of the Peace about the Conviction of offenders and doing of execution upon them are more doubtfully penned some appointing a thing to be done and not giving power to any body to do it or not saying by whom it shall be done 1. One of them is to this purpose That upon complaint and proof made c. before any one or more of the Justices Blasphâ—my of the Peace by the Oath of two or more Witnesses which he or they may administer or Confession of the Offender the same confessing or convicted party shall be committed to prison or house of Correction for a Month. And it doth not say by whom he shall be committed So in 9 August 1650. Of Blasphemy To the same purpose is another That the offender shall forfeit c. And that it shall be levied c. and if he be not able to pay it â—le-houses then saith the Act he is to be committed to the Stocks and saith not by whom So in 4 Iac. 5. Of Ale-houses To the same purpose is another That the Offender shall forfeit c. To be levied c. and for lack of Lords day distresse or not payment thereof made the offender to be committed to the house of Correction for three Months or untill he make payment thereof So is it in 17 Septemb. 1657. of the Lords Day To this purpose is also 19 H. 7. Buckstalls 11. of Buckstalls and 39 Eliz. 11. about Cloath And the Acts of 1 Iac. 1. and 6th of Aprill 1644. of the Cloath Lords day Lords Day are in this part and as to this point very incertainly penned 2. Others set forth how the offender shall be punished and how execution of the penalty shall be made and done But doth not say how the offender shall High-wayes be convicted of his offence before the Justices of the Peace And of this sort we have one to this purpose That the Surveyors of the High-wayes shall levy the Forfeitures and if they levy it not by such a time that then the Constables shall levy it So 18. Eliz. 10. of Highwayes So to the like purpose is it by another That appointeth Forfeitures upon Overseers of the Poor for neglect of their office And that their Successours by Warrant of two Justices of the Peace by distresse and sale of their goods shall levy But there is no way set down by the Act how they may be convicted of their offence So in 43 Eliz 2. And so is the Act of 9th of Fâ—â—r 1647. For the neglect of the Church-wardens in their Office and Church-Wardens of the Parish by not choice of Church-wardens and of the Parishioners by not payment of their Rates there are severall Rates not paid Forteitures appointed for these severall offences And it is said in them That it shall be lawfull for the present and subsequent Church-wardens by Warrant under the hands and Seals of two Justices of the Peace to levy the same by distresse and sale of the Offenders goods c. and for lack of distresse to send him to Goal till payment And to the same purpose is a part of 19th April 1650 About the Lords Day So Lords day is 3 car 3. about the Ale-house-keepers as to the Officers penalty And so was 4 Iac. 5. about drunkennesse untill it was supplied by 21 Iac. 7. 3. Others they set down how the offender shall be convicted of his offence But they say not how execution shall be done For this one of them is to this purpose That any one Justice of Peace upon complaint c. may cause the party acensed to come before him and examine him therein And if by the same and other due proof he find him guilty that he shall forfeit so much c. Cloath So in 4 El. 4. 1. of Cloath Another thus That upon due proof of such an offence before any Justice of Peace the offender shall forfeit c. and no words how it shall be levied So in two or Captains and Souldiers three Ed. 6. Of Captains 4. Others are so penned that they do not give a clear power to the Justices either to convict the offender of the offence or to do execution of the penalty or pain to be inflicted for the offence So is 14 Eliz. 5. about the Rates for Treasurers Poor the Goal there is a Forfeiture of 5 l. set upon an Offender But no way set down to convict the Offender or to levy the Forfeiture So in 43 Eliz. 2. and Souldiers 3. There are in those Statutes some Forfeitures set upon offenders for their offences and there is neither power of Conviction nor of giving warrants for execution given to the Justices of Peace therein 4. But in some cases as in 1 Iac. 9. as to the Forfeiture for Tipling Tipling and selling lesse then measures the Act it self upon the Conviction of the Offender before the Justice of Peace giveth power to the Constables and Churchwardens who of their own heads without warrant from any Justice of Peace may levy the Forfeiture So in 43 Eliz. 2. and 3. SECT VI. Certain Questions and Answers for the opening of some of the Statutes Acts and Ordinances touching the Office of the Iustice of the Peace Quest 1. VVHere a Statute Act or Ordinance of Parliament made for the punishment of any offence shall not in any part thereof give any expresse power to the Justices of the Peace to do any Justices power thing upon it As 1 Iac. 12. 8 H. 6. 12. 21 Iac. 29. and others Whether in this case the Justices of the Peace may do any thing upon it at their Sessions of the Peace Answ We Conceive Nothing at all more then what they might have done therein before the making of the Statute c. See Câ—â—â— 2. Rep. â—43 Quest 2. If the offence mentioned in such a Statute c. were an offence at the Common-Law before the making of that Statute c. and within the Conusance of the Justices of the Peace as in the Case of a Riot Perjury or the like Whether in this Case the same offence may not still be punished as an offence at the Common-Law before the Justices of the Peace Answ We conceive yea and yet that the offender shall not be twice punished for the same offence Quest 3. Where the Statutes Acts and Ordinances do give power to do things in a way of Conviction of offenders to the Justices of Peace diversly It being in some of them That all the Justices of the Peace of the
them Others To examine and determine them Others To hear or in the disjunctive determine them Others To determine them And some of these also have divers Additions of other things to them As that they may do it by Verdict or That they shall do it by Examination or otherwise Or That it shall be by Witnesses or by two lawfull witnesses or Confession or that it shall be upon Presentment Indictment or Information Or that the Justices shall call the parties before them send out process give Judgment punish do Execution or the like How all these shall be understood Answ We conceive That generally all these words shall have one and the same Construction and operation in the Law And that the Justices of the Peace by either sort of these words in a Statute c. have a compleat power of Oyer and Terminer given to them of the offences named by the Statute And that the same or such other like Additions as are named in the Question will not alter the Case But how and in what way we cannot set forth Quest 10. Where some of the Statutes c. do give power to the Justices 7 Ed. 6. 5. 8 H 6. 5. 9. 1 Ed. 6. 5. 12 Ed 4. 9. 4 Jac. 5. 1 H. 8. 7. 2 3 Ph. and M. 8. 5 Eliz. 13. 7 Ed. 6. 5. 24 H. 8. 10. 25 H. 8. 13. 14. 15 H. 8. 10. of the Peace onely To enquire of the offence Others To enquire as well at the Suit of the King as of the Party Others To charge the Juries before them to enquire Others That the offences shall be enquireable before them Others That they shall enquire by Presentment Others That they shall enquire and set Fines How all these shall be taken And what the Justices of Peace may do upon them Answ We conceive also That these words in the most of these Statutes are of the same nature and shall have the same Construction as those in the last Question had And that they do not limit the power of the Justices of the Peace But that they will have by either sort of these words a compleat power of Oyer and Terminer given to them of the offences named in the Statute But how and in what way we cannot set forth Quest 11. Where some of the Statutes do give a power to the Justices of the Peace to punish an offence according to their discretion Others for such an offence to Fine or to imprison according to their discretion Others to Fine and Imprison according to their discretion as is 7 Jac. 4. 17 R. 2. of Fish How all these shall be taken and what the Justices of the Peace may do upon them Answ We do conceive That by this sort of words also That there is a good power of Oyer and Terminer of the offences named in the Statute c. wherein they are used given to the Justices of the Peace Quest 12. Where the Statute c. is thus penned That the Justices of the Peace at their Quarter-Sessions shall have power to Indict and try the offenders by the usual course of Indictments and Tryals in the like cases And after such Conviction to adjudge the offender to the Pillory as it 39 Eliz. 11. of Logwood How this shall be Logwood taken and what the Justices may do upon it Answ We conceive That hereby there is given to the Justices of the Peace a good power of Oyer and Terminer of the offence within that Law But in what way we cannot set forth Quest 13. Where the Statute c. is That he that shall offend shall be grievously punished according to the discretion of the Justices and that they shall judge him to the same bodily punishment as his offence requireth and shall do execution thereupon as is 13 R. 2. 8. of Labourers How this Labourers shall be taken And what the Justices of the Peace may do upon it Answ We conceive That by this he may be Indicted or presented for the offence and if he be found guilty he may be imprisoned what time the Justices of the Peace think fie But for the way by which it is to be done we do not set forth Quest 14. Where a Statute c. giveth power to the Justices of the Peace to hear and end an offence by Examination according to their discretion Or as others By examination of parties and witnesses As it is 32 H. 8. 13. of Horses 11 H. 7. 15. Horses Sheriffs Deer of Sheriffs and 19 H. 7. 11. of Deer How these shall be taken and what the Justices of the Peace may do upon them And whether they may examine upon Oath Answ We conceive as to this case The words seem to hold forth a power of Oyer and Terminer in the ordinary way If otherwise then we doubt whether they may examine by Oath except it be in such a thing as whereabouts they do examine by Oath before the making of the Statute But it should seem to me They may by these words examine without Oath Examination and upon that examination order the punishment as in the case of Provision for a Bastard child and punishment of the Parents upon 18 Eliz. The words of which Statute are the same in effect with the words of this Statute And if the Justices of the Peace shall in this and such like cases take upon them to hear and end convict and punish in the ordinary way of Indictment we can scarce tell how the offender will be relieved But how the law will fall out herein we cannot certainly set forth Quest 15. Where a Statute is penned thus under pain of 10 l. the one half to the King and the other half to him that will sue for it by Action of debt by examination before the Justices of the Peace information or otherwise As it is in 11 H. 7. 17. Of Phesants Pheasants How this shall be taken and what the Justices may do upon it Answ This Act is very doubtfull And yet we conceive some use or other may be made of it in order to the punishment of the Offender Quest 16. Where a Statute c. is penned thus That the person offending being thereof convict by examination of Witnesses or confession before the Justices of the Peace at their generall Sessions shall suffer c. And that two Justices one of the Quorum may convent him to the Sessions by processe or otherwise or to commit him to ward or let him to bayl till the next Assizes or generall Sessions there to be examined and further ordered as aforesaid As it is in 33 H. 8. 1. How this shall be taken And what the Justices of the Peace may do upon it Answ This is partly answered before in the Answer to the 14th Question But in this case we conceive that the offender may in the ordinary way be indicted and if he confesse the offence he may be therein convicted Or otherwise that the
30. Labourers Chap. 3. Sect. 33. Chap. 7. Sect. 2. Apprentices Chap. 3. Sect. 33. May-Poles See Playes Measures See Assise Millars Chap. 4. Numb 41. Ministers Chap. 3. Sect. 34. Chap. 4. Numb 42. See Officers Mittimus Chap. 3. Sect. 16. Numb 7. Sect. 35. N. NAme See Behaviour and Titles Assumed Night-Walkers Chap. 3. Sect. 36. See Behaviour Nusances Chap. 23. Sect. 28. Numb 2. O. OAths Chap. 3. Sect. 37. Chap. 4. Numb 43. Chap. 7. Sect. 6. Numb 37. Officers Chap. 3. Sect. 38. Chap. 4. Numb 44. Account Chap. 4. Numb 46. Chap. 3. Sect. 38. Numb 10. Opinion See Blasphemy Orchards See Trespasses Overseers of the Poor See Poor and Officers Overseers of Cloth See Officers P. PApist See Recusant Parks See Hunting Peace Chap. 3. Sect. 39. Surety of the Peace Pensions See Souldiers Perjury Chap. 4. Numb 48. Pictures See Superstitious Reliques Playes Chap. 3. Sect. 40. Chap. 4. Numb 49. Chap. 7. Sect. 6. Numb 26. Stage-Playes Numb 40. May-Poles Numb 5. Cock-Matches Numb 6. Cards Tables Dice Numb 12. Butts Numb 4. Archery and Bowes Numb 4. Plague Chap. 3. Sect. 41. Poor Chap. 3. Sect. 30 38 42. Chap. 4. Numb 50 Chap. 7. Sect. 6. Numb 19 27. Mariners Chap. 3. Sect. 38. Hospital Chap. 3. Posse Comitatus Chap. 3. Sect. 40 46. Preachers See Ministers Priest-Popish See Recusant Prison See Gaol Prophecies Chap. 4. Numb 51. Chap. 7. Q. Quarrellers Chap. 4. Numb 10. R. RAtes or Assessments Chap. 3. Sect. 41 43 47. Chap. 4. Numb 50 52. Chap. 5. Receivers See Collectors Recognisances Chap. 3. Sect. 44. Chap. 4. Numb 53. Regrators See Fore-stallers Recusant Chap. 3. Sect. 45. Chap. 4. Numb 54. Religion See Service of God Reliques See Superstitious Reliques Remove of Prisoners and Causes See Habeas Corpus Restitâ—tion Chap. 4. Numb 55. Riot Rout c. Chap. 3. Sect. 46. Chap. 4. Numb 56. Robbery Chap. 3. Sect. 47. Chap. 7. Sect. 6. Numb 21. Rogue Chap. 3. Sect. 40. Numb 40. Sect. 41. Sect. 48. Chap. 4. Numb 57. Chap. 7. Sect. 3. Numb 9. Idle-fellow or Loyterer Chap. 3. Sect. 48. Numb 8. Chap. 4. Numb 31. Beggar Chap. 3. Sect. 48. Vageant Wanderer or Vagabond Ch. 3. Sect. 43. Fidler Chap. 3. Sect. 48. Egyptian Chap. 3. Sect. 48. S. SAbbath See Lords-Day Searcher of Leather See Officers Search See Felony Service of God Chap. 4. Numb 20 42 58. Servants See Masters Sessions See Justices of Peace Sewers Chap. 3. Sect. 49. Sexton See Clerk of a Parish Sheriffs Chap. 3. Sect. 1. Sect. 50. Chap. 7. Sect. 3. Chap. 7. Sect. 6. Numb 14. Sheep See Cattle Shoomaker See Cordwainer Shooting See Guns Silver See Gold Slanderer See Libeller Souldiers Chap. 3. Sect. 1. Chap. 4. Numb 8. Sect. 42. Numb 5. Chap. 7. Sect. 5. Chap. 7. Sect. 6. Numb 19 25. Pensions Chap. 4. Numb 47. Spinners and Carders See Cloth Sports See Playes Statutes expounded Chap. 7. Sect. 6. Stock of the County See Treasurers Stollen Horses See Horses Stollen goods See Restitution Supersedeas See Habeas Corpus Supplicavit Chap. 3. Sect. 51. Superstitious Reliques Chap. 5. Sect. 52. Surety of the Peace and good Behaviour See Peace and Behaviour Surveyors of the High-wayes See High-wayes Swearing and Cursing Chap. 3. Sect. 53. Chap. 7. Sect. 6. Numb 18 25 26 42. T. TAnners See Cordwainers Taverner and Taverns See Inne-keepers Taxation See Rates Tenters for Cloth See Cloth Testimonial or Certificate Chap. 3. Sect. 30. Numb 1. Sect. 54. Tile and Tile-makers Chap. 4 Numb 59. Chap. 7. Sect. 3. Tipling See Alehouses Tithes Chap. 3. Sect. 55. Titles of Honour assumed Chap. 3. Sect. 56. Chap. 4. Numb 60. Ch. 7. Sect. 6. Numb 21 25. Tokens counterfeit See Cheators Trades and Arts. Tradesmen and Artificeas andLabourers Chap. 4. Numb 61. Transportation of Cattel Corn or Victuals Ch. 3. Sect. 57. Chap. 4. Numb 62. Traverse See Conviction Treason Chap. 6. Treasurers See Officers Trespasses by cutting Corn robbing Orchards c. Chap. 3. Sect. 58. Tryall See Conviction V. VAgabond or Vagrant See Rogue Victuallers and Victuals Chap. 4. Numb 64. Chap. 7. View See Conviction Vintners See Inne-keepers Under-Sheriff See Sheriff Unlawfull Games See Playes Usury Chap. 4. Numb 65. W. WAies See High-wales Warrens See Hunting Warrants Chap. 3. Sect. 16. Sect. 59. Chap. 7â— Sect. 6. Numb 36. Watch and Ward Chap. 3. Sect. 60. Watchmen See Officers Weavers See Cloth Weights and Measures Chap. 3. Sect. 61. Ch. 4. Numb 67. Chap. 7. Sect. 3. Widowes and Orphanes of Souldiers See Poor Wine Chap. 4. Numb 66. Chap. 7. Sect. 2. Chap. 7. Sect. 6. Numb 34. Wooll See Cloth Wood. Chap. 3. Sect. 62. Y. Yarn See Cloth FINIS