every of them Whereas we have lately received Letters from the Lords of his Majesties most Honorable Privy Council commanding us thereby in his Majesties Name to cause a diligent and exact survey to be taken of all the Corn and Grain within this Hundred now for so much as they whose names are here under-written are presented to us by such as have enquired thereof to have Corn to spare more then is needfull for the maintenance of their Families These are therefore to command you to summon and warn all the said parties to be and appear before us at M. the 16th of this instant July by one of the clock in the afternoon of the same day there to receive such further directions as then and there shall be given them in charge according to such Orders as are appointed by his Majesty to be straitly observed in that behalf Hereof fail you not at your peril Dated at P. this 10th of July in the twelfth year of the Reign of our Soveraign Lord Charles c. Anno Dom. _____ To all Constables Bayliffs and other his Majesties Officers within the Hundred of M. and to every of them Sussolk ss A License to beg A C. and L B. Esquires two of his Majesties Justices of the Peace within the County aforesaid assigned Greeting Whereas the Bearer hereof T W. of E. in the County aforesaid being a very poor man and blind by reason whereof he is not able to labour nor get to live of himself without charitable relief of others and being now resident in the same Town is therefore to be relieved and being likewise informed that the Town is at this present charged with more poor and impotent folk then it is able to relieve Know you therefore that We the said Justices have licensed and allowed the said poor man and his leader to go abroad and beg gather and receive the charitable Alms of well-disposed people inhabiting and dwelling within the said Hundred of M. in the said County requiring you not to molest or trouble the said poor man or his leader for so doing but desiring you rather to relieve him and his leader in their necessity as to you shall seem meet This our License to remain in force one whole year next ensuing the date hereof and no longer In Witness whereof We have hereunto set our Hands and Seals the of c. A Pasport Sussex ss T P. Esquire one of his Majesties Justices of Peace in the County aforesaid To all Constables Bayliffs and other of his Majesties Officers of the same County and to every of them Greeting For as much as the Bearer hereof E D. being brought into great poverty and necessity hath desire to travel unto the City of C. in the County of where he saith he was born and hath some friends yet living by whose means he hopeth greatly to be relieved and holpen in consideration whereof Know you That I the said T P. have licensed the same E D. to travel and pass the direct way from L. unto the said City of C. so that his journey be not of longer or further continuance then thirty days next after the date hereof praying you and every of you to permit and also to aid and relieve the said E D. in his journey so that he shew himself in no respect offensive to his Majesties Laws In Witness whereof I have c. Note That in Pasports it is necessary there be a description of the parry lest that he make any other partaker of the use of his Pasport unless he be a Rogue for he always remains in the Constables hands See the Statute of 39 Elizabethae cap. 4. To the Constables of B. their Deputies or either of them These are to will and require you and in his Majesties Name straitly to charge and command you that presently upon the receipt hereof you bring before the next Justice of Peace unto your Town the bodies of these persons hereunder named to give an account for their refusing such Apprentices as were appointed unto them heretofore by his Majesties Justices or else to stand to such Order as shall be agreeable to Law and his Majesties pleasure declared therein Herein fail you not as you will answer the contrary Given under our Hands this present day being the third day of June 1660. The form of a Warrant to enlarge a Prisoner that is bailed may be thus Middles ss A B. and C D. two of his Majesties Justices of Peace in the said County To the Keeper of his Majesties Gaol there Greeting For as much as L M. of c. Brick-layer hath before Us found sufficient mainprise to appear before the Justices of the Goal-delivery at the next general Gaol-delivery to be holden in the said County there to answer to such things as shall be then on the behalf of our said Soveraign Lord objected against him and namely to the felonious taking of two Kine of the goods of I S. for the suspition whereof he was taken and committed to the said Gaol We command you on the behalf of our said Soveraign Lord that if the said L M. do remain in your custody for the said cause and for none other then you forbear to grieve or retain him any longer but that you deliver him thence and suffer him to go at large whereof you may not fail at your peril Given under our Seals the day of c. CHAP. II. About the Peace Glouc. ss To raise the Power of the County VV S. and A B. Esquires two of the Justices of the Peace within the County of Gloucest Or thus largely W S. and A B. Esquires two of the Justices of the Peace of our Soveraign Lord the Kings Majesty assigned for the keeping of the Peace and hearing and determining of divers Felonies within the County of Gloucest to the High Sheriff of the same County and to all High-Constables Petit-Constables and other Ministers and Officers appointed to keep the Peace of the same County Greeting It being given us to understand that divers evil doers and disturbers of the publick Peace of this Commonwealth are assembled together in conventicles and being armed and in a warlike posture are together in and about W. in this County where they do riotously and forcibly enter into the houses and take away the goods and cattel of divers of the peaceable people of the Country and where they have made a manifest commotion and committed divers other Felonies and other outrages to the terrour of the good people thereabouts the hazard of the whole Kingdome in contempt of our Lord the King and against the form of the Laws in that case provided Therefore you and every of you the said Sheriff High-Constables and Petit-Constables are hereby straitly charged so long as the same commotion and danger shall continue to take especial care of the Peace of the County within your several Precincts and in order thereunto to keep a strong watch by night
personal appearance at the next general Gaol delivery or Quarter Sessions to be holden for this County then and there to testifie their knowledge concerning a Felony supposed to be done by A B. now a Prisoner in the Castle of G. And that you do then go with them to the same Justice with this Warrant And hereof c. Or thus W S. c. You are hereby required forthwith to warn the persons undernamed of your Parish to be before me at my dwelling house in D. upon Monday next by nine a clock in the morning to testifie their knowledge concerning certain felonious acts supposed to be done by A B. and C D. of c. And that your self be then there with this Warrant to shew how you have executed it And hereof c. Observations here We have seen a President in this form for this purpose That you cause to come before me the persons undernamed to â—estifie c. which we cannot but disallow for it's ambiguity For how shall he cause him to come Besides the word seems to import that he shall bring him in the nature of a prisoner which is not lawfull to do in this case To all Constables and other his Majesties Officers as well within the County of Gloucest as elsewhere in the Kingdome of England 6 Glouc. ss To command hue and cry W S. c. Whereas complaint hath been made unto me by L M. of c. Husbandman That upon Tuesday at night last being the tenth day of this instant November he was robbed of certain Linnen taken out of his house with some other things and that he hath manifest cause of suspicion of one N K. a lewd rogue here describe his personage and apparel These are therefore to require you and every of you to make search within your several Precincts for the said N K. and also to make Hue and Cry after him from Town to Town and from County to County and that as well by Horsemen as Footmen And if you shall find him the said N K. that then you carry him before some one of the Justices of the Peace within the County where he shall be taken by him to be dealt withal according to Law c. And hereof c. To all Constables and Tythingmen of the Parishes and Tythings within the County of Gloucest and every of them c. 7 Glouc. ss To apprehend one that hath dangerously hurt another W S. c. Forasmuch as I am credibly informed that I B. of your Town Blacksmith hath now lately dangerously hurt one T G. of your said Town Husbandman by a blow which he hath given the said T G. on the face and another on the back so as the said T G. is in dangeâ— of death thereby These are therefore straitly to charge and command you that immediately upon the sight hereof you or one of you do bring the said I B. before me or some other of his Majesties Justices of the Peace of this County to find sufficient sureties as well for his appearance before the Justices at the next Gaol-delivery to be holden for this County then and there to answer unto the premises and to do and receive therefore that which by the Court shall be enjoyned him as also that he the said I B. shall in the mean time keep the Peace towards our Soveraign Lord the King and all his Liege people but especially towards the said T G. And hereof fail you not at your peril Dated c. In some cases where any Statute doth give power to the Justices of Peace out of their Sessions to hear and determine either upon the confession of the offenders or upon examination of witnesses in all such cases it seemeth the Justices of Peace may grant out their Warrants against such offenders to appear before them to answer to their offences and thereupon may proceed to examine hear and determine the offence as being convict thereof upon such confession or examination without any indictment or process But where process are requisite they may be as followeth First if the offender be absent a Venire facias shall be awarded by the Justice or Justices of Peace under his or their own Tests and if thereupon the offender be returned sufficient and maketh default then a Distringas must be awarded which Distringas shall go forth infinite till the offender come in But if a Nihil habet c. be at the first returned then after the Venire facias first a Capias then an alias and after a pluries shall issue and after that an Exigent till the party be taken or yield himself or else be outlawed And these are the ordinary Process upon all Indictments of Trespass against the Peace or of other offences against penal Statutes not being Felonies or greater But these several Processes are usually grounded upon an Indictment to cause the offender to come in and to make his answer and therefore if he be present and confess such indictment information or offence then needeth no process for he must be committed to prison until he hath paid his Fine or given Sureties for it And these Process must be directed to the Sheriff except he be party and if so to the Coroners of the County and must be in the Kings Name and with a Non omittas but the Teste thereof may be under the Name of the Justice of Peace The form of these Process out of Sessions you may see in the Treatises of Justices of Peace at large Nevertheless all such process as well of Capias c. as of Outlary may be stayed by a Supersedeas issuing from other Justices of Peace out of Sessions testifying that the party hath come before them and hath found Sureties for his appearance to answer to the Indictment or to pay his Fine c. CHAP. V. About a Riot and forcible Entry The Record of a force found by the Justices own view 1 Glouc. ss MEmorand That the first day of March I S. complained to me W S. one of the Justices of Peace of our Soveraign Lord the King for the County of Gloucest that I D. of S. in the said County Yeoman and divers others unknown persons troublers of the Peace of the Kingdome the first day of May into the dwelling house of the said I S. in Dale in the said County with strong hand did enter and him the said I S. thereof disseised and the same house with strong hand and armed power doth yet detain and hold and therefore desired of me relief on this behalf to be yielded Whereupon I the said W S. immediately in person came to the said dwelling house to view the same And in the same house I then found the said I D. E F. of c. and G H. c. the same house with force and arms a strong hand and armed power to wit with Bows and Arrows Swords and Daggers Guns and other Arms defensive and offensive holding against
incontinency or common harbourers and entertainers of Whores Rogues or Thieves or common Robbers of Orchards or have sold Ale or Beer without License and contrary to the command of the Justices of the Peace or are idle persons wandring up and down fare well and spend much in Ale-houses and having no known and visiblâ— estate to maintain it or that I S. hath begotteâ— a bastard child on the body of the said M. anâ— that the same is like to be chargeable to the Parish of Dale or that he had his hand in the sending away of L M. the reputed Father of a bastard child there left to the charge of your Parish These are therefore to authorize and require yoâ— and every one of you forthwith to cause to come and in case of refusal to apprehend and arrest the said I S. and M. and them to bring before me or some other Justice of the Peace of this County â—â— the end that they may find sufficient Sureties fâ—â— their appearance at the next General Sessions of the Peace to be held for the County of Gloucest and in the mean time to be of good behaviour towards our Lord the King and all the People of this Commonwealth And if they shall refuse â—â— do the same that then you carry c. as in the last to the end And hereof c. 3 Glouc. ss Another of the same W S. c. To c. These are to require you that immediately upon sight hereof you cause to come or bring before me I S. of c. to answeâ— to such matters as on the behalf of the Kings Majesty shall be objected against him by the complaint of M M. And also that you require him tâ— bring Sureties with him for his good appearing tilâ— the next General Sessions of the Peace to be held for the County of Glouc. And hereof c. 4 Glouc. ss For the reputed father of a bastard child W S. Esquire c. To the Constable of c. Whereas it is proved before me that M S. of c. single woman is with child of a bastard child and that I S. is the reputed Father of it These arâ— therefore to authorize and require you and everâ— of you that presently upon the receipt hereof yoâ— cause to come or bring the said I S. and M S. before me or some other Justice of Peace of this County to find sufficient Sureties as well for their appearance c. as in the last And hereof c. 5 Glouc. ss Against one indicted W S. c. To c. It appearing to me by the Records of the Sessions of the Peace for this County that I S. of your Parish of D. stands indicted there for selling Ale and Beer contrary to the command of the Justices of the Peace And that he hath not as yet appeared nor pleaded to the same indictment and that the same is still depending and in force against the said I S. These are therefore as in the last And hereof c. And thus may any Justice of Peace do upon any Indictment for such an offence as for which a man doth deserve to be bound to the good Behaviour as for Incontinency common Swearing common Drunkenness and the like 6 Glouc. ss Another very short for the good Behaviour W S. c. To c. I S. of your Parish of D. being duly convicted before me of such matter of misbehaviour as for which he ought to be bound with Sureties for his good behaviour These are therefore c. as in the rest This last Warrant may serve in any case or for any cause whatsoever for which a man is to be bound to the good Behaviour unless it be where the offender is to be bound for a limited time onely And then the Warrant may say I S. being convict before me of such an offence for which he is to be bound to the good Behaviour seven years These are c. as in the rest but say To the end he may be bound with Sureties c. for seven years c. And hereof c. A Warrant for the Peace upon a Supplicavit G M. one of the Justices of the Peace of our Soveraign Lord the Kings Majesty within the County of L. To the Sheriff of the said County the Constables of the Hundred of W. the Borsholdeâ— of the Town of M. and to all and singular the Kings Majesties Bailiffs and other Ministers as well within Liberties as without in the said County and to every of them Greeting Know ye that I have received the Commandment of ouâ— said Soveraign Lord in these words reciting the whole Writ of Supplicavit which many times differs in form because it is sometimes directed to all the Justices of Peace sometimes to them and the Sheriff and sometimes to one Justice alone or reciting onely the effect of the Supplicavit thus Know ye that I have received the Commandment of our said Soveraign Lord to compel A P of M. in the said County Yeoman to finde sufficient Surety for his Majesties Peace by him to be kept towards C D. of the said Town of M. Tailâ—r And therefore on the behalf of our said Soveraigâ— Lord I command and charge you joyntly and severally that immediately upon the receipt hereof you cause the said A B. to come before me aâ— M. aforesaid to find sufficient Surety and Mainprize for the Peace to be kept towards our said Soveraign Lord and all his liege People and especially towards the said C D. And if he the said A B. shall refuse thus to do that then you him safely convey or cause to be safely conveyeâ— to the next Gaol of his Majesty in the said County there to remain until that he shall willingly do the same so that he may be before the Justices of the Peace of our said Soveraign Lord within the said County at the next General Sessions of the Peace to be holden at N. there to answer to our said Soveraign Lord for his contempt in this behalf And see that you certifie your doing in the premisses to the said Justices at the said Sessions bringing then with you this Precept Given at M. aforesaid under my Seal c. The Return upon the back of the Supplicavit may be thus The Execution of this Writ appeareth in a certain Schedule to the same Writ annexed Then may that Schedule be thus I G M. one of the Keepers of the Peace of our Lord the King in the County of L. certifie into the Chancery of our said Lord the King That by vertue of that Writ unto me by C D. in the same Writ named being first delivered personally before me such a day and year have caused to come A B. in the said Writ named and the same A. have compelled to find sufficient Surety and Manucaptors for the Peace according to the form of the said Writ In testimony whereof to this my present Certificate I have set
power or direction given by the Statute so to do But we dare not advise men so to do being unsatisfied of the lawfulness thereof But we agree it to be clear and safe that after the offender is indicted of the offence and the Bill found or after the offence found by Presentment of the grand Jury to be bound over to the next Quarter Sessions to answer it and also to put in Sureties for his good Behaviour in the mean time if the offence for which he is indicted will warrant it As if he be indicted for selling Ale contrary to the Justices order or the like So also in cases where a Law doth give a special command and power to any Justice of Peace to bind over an offender to the Sessions as the Statute of 5 Eliz. 4. touching Masters and Apprentices the Law of 23 Eliz. 10. touching Hawking in eared or codded corn 1 Ed. 6. chap. 1. 23 Eliz. chap. 10. and some others do In these cases they may bind them over before Indictment But then it is best first to send a Warrant of Summons to call in the party offender before the Justice to answer the matter and then if he appear and he see no cause to forbear to bind him over to do it And if he do not appear then he may send for him and bind him over and bind him to the good Behaviour also for his contempt For which there are Presidents prepared amongst the Presidents set down in this Book 19. Where a Statute doth give power to a Justice of Peace to compel men to do any thing in order hereunto he may send his Warrant to require them to come before him and in case of their refusal proceed in the law 20. The Justices of the Peace may send their Warrants for any thing that doth relate to a special Sessions either to compel appearance or attendance there or execution of any thing there done under their own Hands if they plâ—ase or they may let it be done by the Clerk of the Peace as the business of the Quarter-Sessions is done 21. What may be done by the Warrant of one Justice of the Peace alone may be known by the penning of the President for if it be penned to be made by one Justice as W S. c. Whereas it hath been proved before me c. then you may be sure that one Justice of Peace alone may do the thing contained in the Warrant And where two are named there in most of the cases two are necessary 22. The same President that serves upon a conviction by witness will serve upon a conviction by view or hearing For I S. being lawfully convicted before me is appliable to either and will serve to both 23. It is a good close of every Warrant sent to an Officer to require him to give an account how he hath executed it after this wise And that you be then there with this Precept to give us an account of your execution of it Or thus And that you give me an account within fourteen days next following of your execution of my Warrat 24. Where a Statute is penned thus That the Constables or Churchwardens by Warrant from a Justice of Peace shall be enabled to do an act in this case we conceive the Justice may justifie the making of that Warrant 1. Warrants and Presidents which concern the exercise of the Office of a Justice of Peace out of the General Sessions are of several sorts viz. They concern either Treasons Felonies Misprisions Praemunires forcible Entries forcible Detainers Riots Routs and unlawfull Assemblies Security of the Peace and good Behaviour or other misdemeanors or offences of several sorts 2. As concerning Treasons and Felonies upon Information made of any Treason or Felony committed any one Justice of Peace may direct his Warrant to the Sheriff or to the High-Constables or Petty Constables or to all or any of them to make search for the Traytors or Felons and also for the stolen goods A Warrant to apprehend a Traytor may be thus A B. Esquire one of his Majesties Justices of Peace within the County of E. To the Sheriff of Comitat. Essex the said County and to all High-Constables Petty-Constables and other his Majesties Officers Greeting c. Whereas M N. and S T. are vehemently suspected to have committed Treason whereof I have received Information These are therefore in His Majesties Name straitly to charge and command you and every of you upon sight hereof without any delay within your several Bailiwicks Hundreds and Constablewicks to make diligent search for the bodies of the said M N. and S T. and them or either of them so found to arrest and attach and immediately upon such arrest to bring before me at my house at D. in the said County whereof you may not fail at your peril Sealed with my Seal and dated the first day of J. in the twelfth year of the Reign of our Soveraigne Lord King Charles the Second c. The like Warrant may be made for the apprehension of Felons mutatis mutandis When any such Traytors or Felons shall be so arrested and brought before the Justice of Peace the Justice must take the Examination of the Traytors or Felons in writing but not upon Oath and must examine them upon all circumstances whereof he shall receive Information from the Accusers and upon such other circumstances as he in his own discretion shall think fit for the discovery of the Treason or Felony The form of the Examination may be thus The Examination of A B. c. taken before me C D. one of his Majesties Justices of Peace in the County of M. the first day of S. in the twelfth year of the Reign of our Soveraign Lord Charles the Second by the Grace of God King c. The said Examinate being duly examined saith c. and so set down every particular answer that the prisoner shall make to the questions that shall be demanded of him This being done the Justice of Peace must take the Examination of the Accusers and such other as can give any Evidence material against the prisoner and their Examinations must be taken in writing severally and that upon Oath The form whereof may be thus The Examination of D E. taken before me G H. Esquire one of his Majesties Justices of Peace in the County of E. the first day of M. in the twelfth year of the Reign of c. This Examinate being duly sworn upon the holy Evangelists and examined upon his Oath saith c. and so set down at large all the material circumstances that he shall declare to prove the Treason or Felony This being done the Justice of Peace must make a Mittimus to convey the prisoner to the County Gaol several forms whereof you may see towards the end of this Book A Warrant for the bringing forth of Corn in the time of dearth To the Churchwardens and Overseers of the Poor of D. and to
the form of the Statutes in that case provided And therefore I the aforesaid W S. the said I D. E F. G H. did then there arrest and cause to be sent to the next Gaol of his said Majesty for the said County within the Castle of Gloucest as convict of the said forcible detaining by mine own view and record there to abide till he shall make Fine to his said Majesty for his offences aforesaid Dated at Dale aforesaid under my Seal the day and year aforesaid The Record of a Riot upon the view of the Justices 2 Glouc. ss Memor That the first day of March we W S. and K L. Esquires two of the Justices of our Soveraign Lord the King now assigned to keep the Peace in the County of Gloucest at the complaint of I S. of W. in the County aforesaid Yeoman in our proper persons came to the dwelling house of the said I S. at W. aforesaid and there we found certain persons A B. c. and other evil doers and disturbers of the Peace of our Lord the King to the number of eighty persons in a warlike manner arrayed to wit with Swords Staves Bows and Arrows riotously and unlawfully gathered together and the same house so keeping to the great disturbance of the Peace of our said Lord the King and the terrour of his People and against the form of the Statutes in that case provided And therefore wee the said Justices of the Peace the bodies of the said A B. c. did then arrest and to the next Gaol of our Lord the King did then cause them to be carried by our Record of the Trespass aforesaid convict in our presence there to abide till they shall make their Fine to our said Lord the King for their trespass afore said In testimony whereof wâ— have put our Seals to this Record Dated at W. aforesaid the day and year aforesaid The form of the Mittimus to the Gaol W S. one of the Justices of the Peace of ouâ— Lord the King within his said County of Gloucest 3 Glouc. ss To the Keepers of his Highness Gaol within the Castle of Glouc. within the same County and to his Deputy there Complaint being made to me this present first day of May of a forcible and riotous detainer of a House made by K L. c. and M N. of c. the which having viewed I find to be true against the Peace of our said Lord the King and the Statutes in that case provided Therefore I send you by the bringers hereof the bodies of the said K L. and M N. convicted of the said forcible holding or Riot by mine own view testimony and record commanding you in his Majesties Name them to receive and safely keep in your said Goal until such time as they shall make their Fines to our said Lord the King for the said trespasses and shall be thence delivered by order of the Law of the Land at your peril Given at W. aforesaid under my Seal the day and year aforesaid The Precept to the Sheriff to return a Jury 4 Glouc. ss W S. c. To the Sheriff of the said County of Glouc. I command you that you make to come before me at c. time and place twenty four honest sufficient and lawfull men of the neighbourhood of W. within this County whereof every one shall have forty shillings of Lands Tenements and Rents by the year at least above reptises or to enquire if A B. c. and other malefactors and disturbers of the Peace of our Lord the King in one Messuage and twenty acres of Land of C D. of c. with a strong hand upon the possession of the said C D. did enter or the same with force do yet hold and occupy to require upon their Oaths for our said Lord the King of a certain entry or detainer made with strong hand in the Messuage or dwelling House of A B. at W. aforesaid against the form of the Statutes in that case provided And you are to see that you return upon every one of the Jurors by you to be impannelled twenty shilling of issues at the same day of return And hereof you are not to fail under pain of twenty pounds which you know you are to bear if you be negligent in the premises Witness me the said W S. the first day of c. The Verdict of the Jurors 5 Glouc. ss An inquisition for our Lord the King taken at Dale in the County of Gloucest the first day of May by the Oaths of A B. C D. good and â—awfull men of the County before W S. one of â—he Justices of our said Lord the King to keep the Peace in the said County assigned and to hear and determine divers Felonies Trespasses and other evil deeds committed in the same County who say upon their Oaths that C L. of c. Yeoman was lawfully and peaceably seised in his demesne as of Fee of and in one Messuage c. with the appurtenances in Dale aforesaid and his possession and seisin aforesaid so continued until A B. c. and other unknown persons the first day of May by Force and Arms to wit with Swords and Staves Bows and Arrows into the said Messuage entred and the said C D. thereof disseised and with a strong hand him expelled and him the said C D. so disseised and expulsed from the said Messuage c. from the aforesaid first day of May until the day of the taking of this inquisition with the same strength and armed power have hitherto kept out and yet doth keep out to the great disturbance of the Peace of our said Lord the King and against the form of the Statutes in that case made and provided whereas none of them nor any other whose state they or any of them had or have or any thing in any parcel thereof had or have within three years last before his said Entry nor at any time before to the knowledge of the said Jurors Warrant for Restitution 6 Glouc. ss W S. c. To the Sheriff of the said County Greeting Whereas by a certain inquisition of the Countrey taken before me at Dale in the County aforesaid the day of c. upon the Oath of A B. C D. c. and according to the form of the Statute in that case of forcible entry provided It was found that A B. c. and others c. as it is in the Inquisition under those words in that case provided as by the said inquisition doth more fully appear of Record Therefore on the part of our said Lord the King I command and require you that you all together with the power of the County if need require go to the said Messuage and other the premises and the same with the appurtenances do cause to be resâ—ised and the said C D. to and in his full possession there of as he was in before the same Entry you cause
of I K. of your Parish or robbed his Orchard of Apples or cut his Hedges Pales or Fences or digged and pulled up his Fruit-trees or cut and spoiled his Trees and standing wood in Dale aforesaid to the value of ten shillings and that I B. of your said Town Butcher hath procured and abetted him so to do and received from him and bought of him divers of the same things to the great damage of the said I K. contrary to the Act of Parliament in that case provided I do therefore hereby require and order that the said I S. This is grounded upon 43 Eliz. chap. 4. shall within eight days after notice to him given of this Order pay to the said I K. ten shillings and that the said I B. do within three days after notice to him given of this Order pay to the said I K. twenty shillings in recompence to him for his wrongs aforesaid And that these payments be made in the presence of the said Constable hereby commanded upon request to see it done And hereof you are forthwith to give them notice and if either of them shall not pay the same that then you give me notice thereof to the end that they may be whipped according to the Statute in that case provided And hereof c. Dated at D. c. We think it not safe to give a Warrant to the Constable for non-payment to whip for how shall the Constable take conusance of it or the offender be convicted of it But rather let the Justice give his Warrant at first to whip him after this manner 3 Glouc. ss W S. c. as in the last to those words in that case provided Wherefore the premises considered and that I judge the said offenders I S. and I B. unable to make satisfaction for the said wrong I do hereby order that they be forthwith committed to you the said Constable of Dale to be whipped the which you are hereby required forthwith to do at your peril Given at L. in the said County under c. The Officer is here to be punished by imprisonment for his neglect if he do it not But how he shall be convicted of the offence out of a Sessions and by Indictment we know not any way and therefore offer no Presidents of Warrants for this 4 Glouc. ss For unlawfull weights and measures W S. Esquire c. To the Churchwardens and Overseers of the Poor within the Parish of D. in the County of G. and to every of them I S. of your Parish of D. being lawfully convicted before me for selling by unlawfull weights or unlawfull measures and that he the first day of May last at Dale aforesaid sold a pound of Currants Either of them wâ—ll serve by a pound weight or for selling a yard of Holland by a yard not being according to the Standard of the Exchequer contrary to the Act Grounded upon 16 Car. 19. of Parliament in that case provided whereby he hath forfeited to the use of the Poor of your Parish five shilling to be levied by the Churchwardens and Overseers of the Poor The Church-wardens and Overseers are to do it without Warrant These are therefore to give you notice hereof and that you and every of you are by your Office forthwith to levie the same five shillings of the goods of the said I S. by distress and sale thereof rendring to him the overplus And in case you do receive the same money that you do imploy it to the use of your Poor and give account thereof in the end of your year accordingly And hereof c. Another Either of them is sufficient W S. c. To c. I S. c. being lawfully convicted before me that he such a time and place did keep in his house or shop a pound weight whereby he did usually buy and sell or for keeping a yard-measure whereby he did usually buy and sell the same not being according to the Standard of the Exchequer c. We know no other Warrant touching this matter to be made by the Justices of the Peace out of their Sessions of the Peace For shooting in Guns If any man desire to put the Laws in execution against any man for shooting in a Gun he may see the form of the Warrant and course of proceeding in Daltons Just of Peace Chap. 126. CHAP. XX. Of Recognisances and Bail and Mainprise 1. Recognisance what it is A Recognisance is a Bond of Record testifying that the Recognisor doth owe a certain sum of money to our Soveraign Lord the King with Condition that the Recognisor shall do some other thing for the which he is bound in that sum in the nature of a penalty Wherein these things are to be known 1. Justices of the Peace do take Recognisances for the Peace good Behaviour to bind men to appear at the Assizes at the Sessions and for many other causes And for this any one Justice may do it But to Bail a Prisoner for Felony take a Recognisance of an Ale-house-keeper and de some other things there must be two Justices to do it and one alone cannot do it 2. What sum the parties shall be bound in or what Sureties the Recognisor shall have to be bound with him it is left to the discretion of the Justice or Justices that doth take the Recognisance in cases where the Law doth not set down the certainty as in some cases it doth and there they must not vary from what is prescribed in the persons bound sum or manner of the Recognisance But for the Peace and good Behaviour appearance at the Assizes and Sessions to give Evidence and the like the Justice may bind with what Sureties and in what sums he pleaseth 3. It is said that Justices of Peace cannot bind over an offender against a penal Law within their conusance not within the Commission of the Peace nor committed to the power of any Justice of Peace except it be in a special case where the Law it self doth enable them to do it 4. All such Recognisances must be made to our Soveraign Lord the King himself and to none other and in his own name 5. The Justice of Peace need nâ—t affix his Seal to the Recognisance but he must put his Name to it and then it is good enough Of Bail and Mainprise Bailment what it is BAilment or Mainprise which is one kind of Recognisance is the saving or delivering of a man out of prison before that he hath satisfied the Law by taking Surety of him that he shall appear and do it Wherein these things are to be known 1. The Justice of Peace must not bail one that is not bailable by Law And on the other side he must bail him that is bailable by Law or he may be punished 2. In case of Felony there must be two Justices of Peace and they two together present with the Felon to bail him 3.
he shall continue with you and be in his good health you do hold him to work and punish him by putting fetters and gyves upon him and by moderate whipping of him And that you give him no more for his maintenance then what he shall deserve or earn by his labour And that you have the said I S. and this Precept at the said next Quarter Sessions A Mittimus of a vagrant or disorderly person 9 Glouc. ss W S. c. We have sent you herewithal the body of E C. of G. in this County being an idle dissolute and disorderly person and one that liveth idlie and wandreth begging about the Countrey and brought before us by the Constable of Dale whom you are hereby required to receive and him to keep in your Bridewel to work until he shall be from thence duly delivered by order and course of Law And in the mean time you are to keep him to work and see to it that he have no more for his maintenance then what he can get by his work And hereof c. A Mittimus for one thae runneth away and leaveth her Charge to the Town 10 Glou. ss W S. c. We have sent you herewithal the body of I L. of W. in the said County single woman being lately delivered of a child and one that is able to labour and thereby to relieve her self and her said child and hath notwithstanding lately run away and left her child upon the Parish to the charge of the same Parish contrary to the Statute in that behalf provided These are therefore to require you to receive her c. as in the last W S. c. We send you herewith the body of I S. of c. for that she being a poor woman able to work and having a great charge of children and like to charge the Parish she doth threaten to run away from her charge and leave it to the Parish These are therefore c. as in the last A Mittimus of the Mother of a Bastard-child 12 Glou. ss W S. We send you herewithal the body of I C. of W. in the said County single woman lately delivered of a Bastard-child likely to be chargeable to the Parish of W. aforesaid and for that the said I C. is able to labour and that thereby she may the better relieve her self and her said child These are to require you to receive the said I C. in your Bridewel there to be punished and set on work during the term of one whole year acccording to the Statute in that behalf provided Observations upon these three last Presidents These three last Mittimus being grounded upon 7 Jac. 4. it is good to advise upon them for the Statute doth not prescribe any way of Conviction unless it come under the general words of 39 Eliz. 4. that these be taken for idle and disorderly persons for that being proved before by two witnesses before two Justices one of them being of the Quâ—rum this is a Conviction of Law For a Mittimus for a forcible Entry see it in Chap. 6. CHAP. XXII About a Supersedeas The Form of Supersedeas 1 Glouc. ss W S. To the Sheriff Bailiffs Constables and other the Officers and Ministers of our Lord the King for the keeping of the peace within the County of Gloucest and every of them Forasmuch as A B. of c. hath personally come before me at Dale in this County and hath found sufficient sureties that is C D. of c. and E T. of c. either of which hath undertaken for the said A B. under pain of ten pounds a piece and he the said A B. hath undertaken for himself under pain of twenty pound that he the said A B. shall well and truly keep the peace towards our Lord the King and all his people especially towards G F. of c. Yeoman and also that he shall personally appear before the Justices of the peace of the said County at the next general Sessions of the peace to be held for the same County Therefore I command you and every of you that you utterly forbear and surcease to arrest take â—mprison or otherwise by any means for the said cause to molest the said A B. And if you have for the said cause and none other taken or imprisoned him that then you do cause him to be delivered and set at liberty without further delay Given at Dale aforesaid under my Hand and Seal c. Another for the same 2 Glouc. ss 2. For the Peace W S. Esquire c. To the Sheriff of the County of Glouc. c. and to all Constables c. Forasmuch as I S. of c. hath come before me and found sufficient surety that he shall keep the peace towards our Lord the King and all his people especially towards I K. of D. aforesaid and that he shall personally appear before the Justices of the Peace of the said County at the next general Sessions of the peace to be holden for the said County Therefore I require and command you and every of you that you do altogether forbear and surcease to attach arrest or imprison him the said I S. or otherwise to molest him by any means for the said cause And if you have upon any Precept for the peace and for that cause and none other already taken and imprisoned him that then you do cause him to be delivered and set at liberty without further delay And this shall be your Warrant Given c. For a Felony There may be a Supersedeas in case of Felony where the prisoner is bailed thus Because A B. of c. hath come before us c. and put in sufficient bail to be before c. to answer the Felony wherewith he is charged c. Or thus 3 Glouc. ss W S. c. To c. Forasmuch c. I do therefore require you that from compelling and imprisoning the said A. and his Wife or either of them any security for the peace towards our Lord the King and all the People of this Common-wealth before you or any of you again to find you do supersede or cause to be superseded And if c. that then you do immediately them out of such prison in which they or either of them are detained deliver or cause to be delivered c. Observations upon these Warrants This last Supersedeas is good though it name â—either the sureties nor the sums wherein they are bound but it is held the better Form to express both 4 Glouc. ss Upon a Supplicavit against an Infant W S. To the Sheriff c. Know ye that I have received a Writ of our Lord the King in these words Charles c. reciting all the Writ word for word Forasmuch as C D. of c. and E F. of c. and the said A B. being the Infant against whom the Writ of Supplicavit was granted have personally
THE Justice of Peace His CLERKS CABINET OR A Book of Presidents or Warrants fitted and made ready to his hand for every Case that may happen within the compass of his Masters Office FOR The ease of the Justice of Peace and more speedy dispatch of Justice By WILLIAM SHEPHARD Esquire LONDON Printed by D. Maxwell for William Lee Daniel Pakeman and Gabriel Bedell and are to be sold at their Shops in Fleet-street 1660. The REASON Of the Printing of this BOOK WHen wee laid down and gave you the learning of the Office of the Justice of the Peace without Warrants wee shewed you what they might do but did not shew you how they might do it By the want whereof it hath been found in our own and other mens experience that Justice hath been somtimes hindred for the Justice of the Peace well knowing the danger of sending abroad a Warrant not warranted by the Law both to himself and the inferior Officer that shall execute it and not having a safe Warrant in readinesse hee hath not especially in a case not common thought it safe to trust his Clerk herein and oft-times by this means the offender hath escaped We have been therefore much pressed to make a supply herein and did purpose to have done it in the next Edition of the Office of the Justice of Peace which if God will may ere long with many additions and alterations bee dispatched but that it would then have made the Booke too big Wherefore wee have thought it best to let the Reader have them asunder that they may be fit Pocket-books for the Master and his Man as they please Wee know that something hath been done of this subject before by others But by that time it hath been seen what we have done wee are well assured it will be said That which wee have done herein was not without need and will bee very pleasing and profitable to the Justice of Peace his Clerk and his Master also and will be well accepted of all men The TABLE A. ALe-houses and Drunkards Warrants about them Chap. 10. Mittimus concerning this Chap. 21. Numb 6. Apprentices See Poor Master and Servants in Chap. 11. B. Bailment and Mainprise See Recognisances Bastard See Poor Behaviour Warrants of the good Behaviour Chap. 7. Numb 2. See Mittimus for it in Chap. 21. Numb 3. See Recognisances for it in Chap. 20. Numb 14. Bind over Warrants to bring in to bind over Chap. 18. Bridges See High ways C. Certificate Some Presidents for it Chap. 2â— Constables Warrants for making new Constables Chap. 16. F. Felony Warrants concerning this Chap. 4. Mittimus concerning this Chap. 21. Numb 1. Supersedeas in Chap. 22. In Recognisance Chap. 20. Numb 8. Forcible Entry Warrants in it Chap. 5. H. High-ways Warrants about it Chap. 17. I. Indentures for Apprentices See Poor Chap. 6. Numb 11. Indictments Chap. 26. L. Liberate Presidents for it Chap. 23. License Presidents for it Chap. 24. Lords Day Warrants about this Chap. 3. M. Masters Servants Labourers and Apprentices Warrants concerning these Chap. 11. Misdemeanor A general Warrant for Misdemeanor See it in Chap. 19. Numb 1 3. Mittimus Some Rules for and some Presidents of it Chap. 21. Forcible Entry Chap. 5. O. Orchard Warrant for Robbing Orchards in Chap. 19. Numb 2. P. Peace Warrants concerning it and against Tumults Chap. 2. A Warrant of the Peace Chap. 7. In supersedeas Chap. 21. Numb 2. See in Recognisances Chap. 20. Numb 1 3. Plague Warrants about it Chap. 15. Poor Warrants concerning this Chap. 6. Prisoner Warrant to sell his own goods to pay the charge to carry him to Gaol Chap. 13. R. Rates Warrants to make Rates Chap. 12. Riot Warrants about it Chap. 5. Rogues Warrants concerning them Chap. 13. Mittimus concerning them Chap. 21. Numb 8. Recognisance and Bailment the Rules of it and Presidents for it Chap. 20. S. Sabbath See Lords Day Supersedeas Chap. 22. T. Testimonial See License Trespass Warrant for small Trespasses in Orchards Hedges Woods See it in Chap. 19. Numb 2. W. Warrants in general Chap. 1. About Felony Chap. 4. About the Poor Chap. 6. About a Riot Chap. 5. About a forcible Entry Chap. 5. About the publick Peace Chap. 2. About a Bastard Chap. 6. Numb 4. About Ale-houses Chap. 10. To sell the Goods of a Prisoner Chap. 13. About Masters Servants and Apprentices Chap. 11. About Rates Chap. 12. For good Behaviour and Peace Chap. 7. About High-wayes and Bridges Chap. 17. About making Constables Chap. 16. About the Lords Day Chap. 3. For Misdemeanor Chap. 19. Num. 1. About the Plague Chap. 15. For robbing Orchards Chap. 19. About Rogues Chap. 14. Weights and Measures Warrants about it Chap. 19. Numb 5. Watch and Ward Warrants about it Chap. 9. Witnesses Warrants to call them in Chap. 8. Recognisances to bind them Chap. 20. Numb 2 3. Wood. Warrants for stealing Wood. See it in Chap. 19. Numb 2. CHAP. I. Of a Warrant and Order of the Justices of the Peace in generall A Warrant of the Justice of Peace is his Command What it is to an inferiour Officer to do something belonging to his Office And this in some special cases may be good by word of mouth without writing But of this we speak not here Or it may be and must be in most cases in writing And herein these Rules and Advises are to be observed and heeded 1. The Justice is to take care to pen his Warrant Rules concerning it plain and clear and not ambiguous and doubtfull so that the Officer must be forced to enquire what may be his meaning by his words 2. Let the Warrant be compleat when the Justice of Peace doth put his hand to it for it is dangerous to let it go with blanks and give other men leave to fill it up 3. The stile of his Warrant it may be in the name of the Kings Majesty thus Charles the Second by the Grace of God c. with the Teste under the name of the Justice that makes it which is not usual or it may be stiled and made in the name of the Justice of Peace thus W. S. Esquire one of the Justices c. and this is the usual form Or it may be made without any stile onely under the Tesâ—e of the Justice of Peace thus Complaint being made to me c. These are c. Witness the said W. S. c. Or it may be without any Teste of the Justice of Peace being subscribed by him and sealed where sealing is necessary 4. We do not conceive it necessary to use these words in the Warrant These are in the name of the Kings Majesty to require but it is sufficient to say These are to require you howbeit the Warrant doth carry the more majesty in it when thâ—se words are used in it 5. The Title of direction may be either above the Warrant thus To the Constable of Dale oâ— in the body of the Warrant thus W.
S. Esquire c. to the Constable of Dale Whereas c. 6. The Warrant may be directed to any Officer as the Sheriff his Bayliffs Constables Tything-men or to others that are no Officers thus To the Sheriff of the County of G. or to the Bayliff Itinerant of the County of G. or to the Bayliff of the hundred of R. or to the Constable of the hundred of R. in the County of G. or to the Constable of the Town or Village of Dale or to the Tything-man of Dale as the Officer there is called if it can be known Otherwise the best way is to direct it to all the Constables and Tything-men of Dale within the County of G. and every of them Or it may be directed to all these Officers together to the Sheriff and to all Bayliffs High-constables of Hundreds and Constables and Tything-men of Towns and Parishes within the County of G. and every of them jointly and severally Or it may be directed to these Officers and to others that are no Officers together Or to them that are no Officers alone thus To I S. and W S. both of Dale in the County of Glouc. and to either of them But this must be understood of Warrants of the Peace good Behaviour and such like Warrants wherein the Justice of the Peace is left at liberty to direct his Warrant to whom he will For if the Law doth direct him to whom he must send his Warrant as divers Acts of Parliament do some of them appointing him to direct his Warrant to the Constables some to the Constables and Churchwardens some to the Churchwardens some to the Constables or Churchwardens some to the Churchwardens and Overseers of the Poor He in these cases that makes the Warrant must take great care that he do pursue the direction of the Statute punctually for it is dangerous to vary from it ever so little And therefore the Title set down in the Presidents for the Warrants must be followed and not altered And when the Title of direction is to more then one there it is good to add these words And to every of them and to say in the body of the Warrant These are to authorize and require you and every of you But the best way is to direct it to the common and known Officer which is the High-Constable of the Hundred or Constable of the Town in all cases where it is left to the Justice of Peace to direct it to whom he please 7. The word greeting To I S. c. Greeting used in Warrants may be left out so may these words of Addition To the Justices of our Lord the King assigned to keep the Peace and to hear and determine Felonies c. and it is enough to say Justices of the Peace of or within the County of Gloucester 8. It is not amiss to say the place wherein the Officer dwels to whom the Warrant is directed is within the County To the Constable of Dale within the County of Gloucester And so of other places named within the Warrant to say they are within the same County 9. It is not amiss if the Warrant recite a Conviction of an offence to let it express where the offence was done thus I S. being convict before me that he was drunk at Dale in this County because in many cases the forfeiture is given to the poor of the place where the offence is done 10. It is good also now to express the time when the offence was committed thus I S. being duly convict before me that he was drunk at Dale in this County the first day of May last or within three moneths last past or since the first of May last past that it may appear the offence was done since the general Pardon and in some cases this is if not necessary yet very convenient when the offence is by the Law to be punished within a certain time or not at all there it is good to say that the offence was done within that time 11. It is good also to express the place of the making of the Warrant and it must be some place within the County thus Dated at Dale given under my Hand and Seal at Dale in the same County But if it say it was dated at one place and be dated at another place yet the Warrant is good and it shall be taken to be dated where the Warrant doth say it was dated 12. The day and year also being the time of the making of the same Warrant must be expressed in the Warrant 13. The Warrant being a Warrant of Arrest may be to require the Officer to bring the offender before the Justice that makes the Warrant or before him or some other Justice of the County and either of these forms is good but the best form is to require the Officer to bring him before the Justice of Peace himself that made the Warrant 14. In every Warrant for the Peace or good Behaviour where Sureties are to be found or required the Warrant ought to contain the special cause or matter to the intent that the party arrested may be provided with Sureties But if it be for some great crime the cause may be concealed 15. In every Warrant to command an Officer to carry a man to Goal it is not amiss to insert a clause at the end of the Warrant to command the Gaoler to receive him to this purpose That you him convey to the common Gaol of this County and him deliver to the Gaoler or his Deputy there who are hereby required him to receive and detain in their custody as a Prisoner until he shall be from thence delivered by a due course of Law 16. There is a necessity in it that the Justice of Peace do subscribe his name to his Warrant But that he should put to his Seal in every case is not needfull for in a Warrant of the Peace or good Behaviour it is not needfull nor where an Act of Parliament saith That the Justice by Warrant or by Warrant under his hand may do such a thing But if the Law say He may or shall do it by Warrant under his Hand and Seal there the Warrant must be under his Hand and Seal or it is not good And therefore heed must be given to our Presidents herein where we say Given under our Hands and Seals and in those cases the Justice must put his Hand and Seal to the Warrant or it is not well done And for this cause we do advise the Justice to put his Seal to every Warrant 17. There is little difference between a Warrant of Commitment and a Mittimus for both are to do one thing and they differ a little onely in the form It will be easie therefore to make one of them by the other 18. It is usual to grant Warrants against offenders upon penal Laws to bind them over to Sessions before they be indicted of the offence in cases where there is no special
have that are fit to be placed Apprentices and the names of such men of worth within their Parishes respectively that they think fit to make Masters for such poor children to the end that we may then and there take a course to ease them by binding them to such Masters And the said Churchwardens and Overseers are hereby required to take notice hereof by your Warrant and to see they do attend us in the execution of the contents thereof And you also the said High Constable are to bring with you to us then and there another Note in writing of all such persons within your Hundred as you know or judge fit to make or take such kind of Apprentices And hereof you are not to fail c. Name all the Overseers and Church-wardens Indenture to bind a poor child Apprentice This Indenture made the day of c. witnesseth That A B. and C D. c. Overseers of the Poor in the Town of D. in the County of O. and E F. and G H. Churchwardens of the same Town by and with consent of W S. and I S. Esquires two of the Justices of the Peace for the County of Glouc. have by these presents put placed and bound I H. being a poor fatherless and motherless child or the child of W H. a poor man as an Apprentice with R S. of c. Baker and as an Apprentice with him the said R S. to dwell from the day of the date of these presents until the said I H. shall come to the age of four and twenty years and if it be a woman then it must be Until her age of twenty one years or day of marriage which shall first happen according to the Statute in that behalf provided By and during all which time the said I H. the said R S. his Master shall faithfully and obediently serve and in all things behave himself honestly and orderly as doth become such a servant And the said R S. for his part promiseth That he the said R S. during the said time the said I H. in the craft and occupation the which he useth after the best manner he can or may shall teach and inform and to him shall find meat drink and apparel and all other things necessary and meet for an Apprentice of his condition c. In witness c. 12 Glou. ss W S. and I S. Esquires two of the Justices c. To the Constables c. Information being given to us upon Oath that I S. of c. a poor child being by the Churchwardens and Overseers of the Poor of Dale in this County and two of the Justices of the Peace of the County bound Apprentice to L M. according to the Statute in that case provided and that he doth refuse to take him These are therefore to authorize and require you to apprehend him the said L M. and bring him before some Justice of the Peace of this County to enter into Bond to appear at the next general Gaol-delivery or at the next Quarter Sessions to be held for the County of Glouc. to answer his contempt And in case he refuse so to do that then ye do him carry and convey to the common Gaol of the County of Glouc. there to remain till he shall so do And hereof c. See more in Warrants to bring in and bind over Chap. 18. All these Warrants in this Chapter are grounded upon 43 Eliz. 2. 13 Glou. ss Information being given unto us that I S. a poor child of W S. of your Parish of D. being placed an Apprentice with K L. by the Church-wardens Overseers of the Poor and Justices of the Peace that the said W S. will not suffer him to serve with his Master but doth entice him from his service These are therefore to require and authorize you to apprehend the said W S. and him to carry to the common Bridewel within the Castle of Glouc. until he do conform to the order of the Churchwardens and Overseers of the Poor and Justices of the Peace herein And hereof c. CHAP. VII About the Peace and good Behaviour 1 Glouc. ss For the Peace VV S. Esquire one of the Justices c. To all Constables and Tythingmen within the County of G. and especially to the Constable of Dale in the same County For as much as I S. of D. aforesaid hath taken his Oath before me that M O. of the Parish of D. aforesaid hath assaulted and beateâ— the said I S. and further hath threatned him or thus onely hath taken his Oath before me that M O. of c. hath threatned him in such sort that he is afraid that the said M O. will beat wound or kill him or do him some other bodily hurt or burn his house And thereupon the said I S. hath prayed security of the Peace to be granted against the said M O. These are therefore to authorize and require you and every of you that immediately upon sight hereof you cause him the said M O. to come and in case of his refusal to bring him before me or some other Justice of the Peace of this County to find sufficient Sureties as well for his personal appearance at the next General Sessions of the Peace to be holden for this County as also for the keeping of the Peace towards our Soveraign Lord the King and all his good People especially towards the said I S. And if he shall refuse so to do that you carry him to the common Gaol of the County of Glouc. and deliver him to the Keeper thereof who is hereby commanded him to receive and keep a Prisoner until he become bound as aforesaid And hereof fail not c. Some say that this Warrant may be granted against any man that hath broken the Peace but I cannot consent to iâ— unless the Peace be broken in the presence of a Justice of Peace But upon Oath it is grantable always 2 Glouc. ss For the good Behaviour W S. c. To all c. as in the last It appearing to me by the proofs of credible and substantial witnesses against I S. and M S. both of your Parish of Dale that they are people of ill name and fame and of very lewd lives and conversations Either of these are sufficient or are common Barreters or are common Rioters or common Breakers of the Peace or common Ale-house-haunters or common Drunkards or common Swearers or common Wood-stealers or do keep a common Stews or Bawdie-house or common Hedge-breakers or common Tale-bearers or common Slanderers or common libellers or common Whoremongers or common Whores or common sowers of discord and makers of strife amongst their Neighbours or common Night-walkers or common Cheaters or common companions of Theeves or common Messengers for Theeves or common Pilferers or commonly suspected to be Theeves or do commonly practise Poysoning or common Evesdroppers or common Night-walkers or are commonly suspected of
my Seal Dated at c. The like proceedings may be made into the Kings Bench if it issue thence mutatis mutandis but the Justice â—eed not return it nor make a Certificate till a Certiorari come CHAP. VIII About Witnesses Glouc. ss To call witnesses VV S. c. To the Constables of Dale You are hereby required forthwitâ— to warn I S. of your Parish to come before me on Monday by 9 a clock in the morâ—ing to testifie his knowledge on the behalf of the Kings Majesty And not to fail c. Another of the same You whose names are subscribed are hereby required to appear before me c. to gâ—ve in evidence on the behalf of the Kings Majesty And not to fail c. To the Constables of Dale For as much as I S. of your Town Yeomaâ— is thought to be a fit and necessary Witness to â—â— Or thus examined on the behalf of the Kings Majesty These are to command you that you do forthwith warn him personally to appear before the Justices of the Peace at the next Sessions of thâ— Peace tâ— be holden for this County then and there to testifie his knowledge on the behalf of his said Majesty to and upon such matters as he shall be then and there examined of And hereof c. CHAP. IX About Watch and Ward Glouc. ss VV S. and I S. two of the Justices c. To the High Constable of the Hundred of W. and all the Petit Constables within the same Hundred Information being given to us that very many suspicious persons do wander about the County without controlment or question For the preventing therefore of this in time to come It is by us ordered and you are hereby all of you straitly charged to look to your Offices herein and to see that you keep a carefull and strong Watch by night and Ward by day from Sun to Sun in all the Parishes and places within your Hundred by able and well armed men and to charge them that they do pose all men and arrest vagrants and persons that are suspicious and bring them to a Justice of Peace to be examined and dealt with according to the Law And all persons whatsoever are by us hereby commanded to be aiding assisting and obedient to you herein under pain of contempt And you the said Officers are to present to us the default of the refusers and them that are otherwise And you the said High Constable are to give notice hereof and a strict charge herein to your Petit Constables as you will answer the contrary Given under our Hands c. It being proved to me by I K. of the Parish of D. that the first of May c. he the said I K. being then the Constable of Dale commanded I S. c. aforesaid to keep watch with the inhabitants of the Town of Dale from Sun-setting of that day till Sun-rising of the next day but he refused and denied so to do and made default therein by which the watch at that time was not kept c. These are c. To bind him to the good Behaviour CHAP. X. About Ale-houses Ale-house-keepers Drunkards c. To all Officers whatsoever 1 Glouc. ss A license to keep an Ale-house VVE the Justices of Peace and Quorum for the County of Glouc. do license and authorize I S. of Dale in the said County to keep a common Ale-house or Tipling-house and to use common selling of Ale Beer This is grounded upon 5 and 6 of Ed. 6. 25. oâ— Cider in the said Town of D. according to the form of the Statute in that case provided under the Orders and Articles hereunto subscribed for one year onely next after the date hereof Witness our Hands and Seals this c. Orders to be observed by all the Inne-keepers and Ale-house-keepers 1. That they suffer no persons to be Tipling in their houses against the Laws herein provided 2. That they suffer not any persons to play at unlawfull games in their houses 3. That they suffer none but such that have necessary occasion to be or remain drinking in their houses on the Lords day 4. That they suffer none to be drinking there at unseasonable times of the night 5. That they suffer none other disorder or misrule in their houses 2 Glouc. ss To suppress an alehouse W S. and K S. two of c. To the Constables of Dale within the County of G. Whereas we are informed that I S. of your Town Ale house-keeper is himself a man of evil behaviour and doth also suffer ill rule and disorder in his house contrary to the Lawes in that case provided These are therefore to require you forthwith to repair to the house of the said I S. and to charge him from us and in our names to surcease from common selling of Ale or Beer at his peril Given c. 3 Glouc. ss To commit an alehouse keeper for selling without license Upon 5 and 6 Ed. 6. 25. W S. and K S. c. To the Constables of D. in the County of G. and every of them Whereas I S. of D. in the said County hath of his own authority taken upon him to keep a common Ale-house in D. aforesaid and still continueth so to do contrary to the Statute in that case provided albeit he hath been duly discharged and forbidden so to do by the Justices of the Peace of the County We therefore do hereby command you that you do him apprehend and convey him to the common Gaol of this County and him deliver to the Keeper there who is hereby charged to receive him at your the said Constables hands and him safely to keep for three days and afterwards till he become bound with good Sureties befere some Justices of the Peace of this County that he shall not keep a common Ale-house or Tipling-house any more according to the Statute in that case provided And hereof c. Observations upon this Warrant We find this President amongst their Printed Warrants but do not find a good ground for it Nor can we see how the Justices may safely make it for we know not how the offender may be convict upon 5. and 6. of Ed. 6. but by Indictment But if the Ale-house-keeper sell after he is discharged this is a contempt and then we conceive upon proof of this any Justice of Peace may send for him and bind him to the good Behaviour and to appear at Sessions and if he cannot put in Sureties may send him to Gaol And by this way Ale-house-keepers may be made to give over their selling of Ale Or he may proceed against him upon the Statute of 3 Car. 3. by the Warrant that comes after here Numb 10. 4 Glouc. ss Against the Ale-house-Keeper for suffering tipling and he tipler or tipling W S. Esquire c. To the Constables of Dale in the County of G. and every of them Or it
The Sureties and the Sum are in his discretion but if it be in case of Felony he must see he take good Sureties for the Prisoners appearance and bind him in a good sum to do it or he may be fined for his neglect herein If any Law appoint what the Sureties and what the Sum shall be that the party bailed must give that must be pursued 4. If the Justices shall at any time judge the Sureties insufficient they may compel the party bailed to put him in better Sureties or commit him to Gaol for lack of Bail 5. It is said That if the Sureties doubt the Prisoner that he will run away and not appear that they may take him and carry him to the Justice and desire to be discharged and that the Justice must discharge them and that the principal is then to be committed till he put in new Sureties The Forms of Recognisances 3 Glouc. ss Md. That the first day of May I S. of D. in the County of G. Yeoman came before me W S. Esquire one of the Justices of the Peace of the County of G. at K. in the same County and acknowledged himself by way of Recognisance to owe unto our Lord the King and his Successors twenty pounds of lawfull English money to be levied of his lands and tenements goods and chattels to the use of our said Lord the King and his Successors if he fail in the Condition indorsed If there be more then one to be bound then it is thus Md That the first day of May I S. of c. C D. of c. and E F. of c. all three of them came before me and acknowledged themselves severally to owe our Lord the King and his Successors ten poundâ— a piece to be levied c. if I S. fail in the Condition indorsed Another of the same 4 Glou. ss Md. That I S. of c. G D. of c. and E F. of c. the first day of May c. came before us W S. and L S. two of the Justices of the Peace within the County of G. And the said I S. did assume for himself in the sum of twenty pounds of lawfull money of England to our Lord the King And the said C D. and E F. became bound for the said I S. either of them in the sum of ten pounds a piece of like lawfull money to our said Lord the King to be levied of their lands and tenements goods and chattels by way of Recognisance under the condition following viz. Another of the same 5 Glouc. ss Md As in the former which several sums of money every of them hath acknowledged to owe to our Lord the King and his Successors if the said I S. shall make default in the Condition following viz. Another of the same 6 Glouc. ss Md. That the first day of May c. at Dale in this County I S. of c. C D. of c. and E F. of c. came before us W S. c. two of the Justices c. and did undertake for L M. of c. each of them under the pain of twenty pound a piece of lawfull English money And the said L M. did then and there assume for himself in pain of forty pounds of like lawfull money and all of them to our Lord the King and his Successors to be levied of their lands and tenements goods and chattels by way of Recognisance to the use of our Lord the King if the said L M. shall fail in the Condition hereafter following viz. If the party to be bound be within age or a Woman married then he or she must be bound by others after this manner as in the last leaving out the last clause And the said L M. c. And by these all other Recognisances may be made for they are after one form and the difference is in the Conditions which do now follow It is best to make them in Parchment and yet being in Paper they are good enough in Law If the Condition be on the back of the Parchment or Paper wherein the Recognisance is as it must be to the two first Presidents abovesaid that conclude if he fail in the Condition aforesaid Then it must be thus 7. To prefer a Bill of Indictment The Condition of the Recognisance within written is such that if the within bounden I S. shall at the next general Gaol-delivery to be holden in the County of Gloucest prefer or cause to be preferred one Bill of Indictment against one A B. late of G. in the said County of Gloucest Labourer now a Prisoner in the Castle of Glouc. for the felonious taking of twenty sheep of the goods of the said I S. or for the felonious killing of T S. and shall also then and there give the best evidence he can concerning the same as well to the Grand Jury that shall then make enquiry of the Felony as also to them that shall pass upon the Trial of the said A B. and not depart without license of the Court That then the same Recognisance shall be void Or thus The Condition c. That if the said I S. shall personally appear at the next general Gaol-delivery to be holden for the County of Glouc. before the Lords the Justices of Assize and Gaol-delivery and shall then and there prefer c. as in the last 8. To give in evidence The Condition of the Recognisance within written is that if the within bounden I S. do and shall personally appear at the next general Gaol-delivery to be holden in the County of G. before the Judges there or at the general Sessions of the Peace to be held for the County of G. as the case is before the Justices of the Peace there and then and there pursue and give the best evidence he can against one A B. late of C. in the said County Labourer now a prisoner in the Castle for the felonious taking away of a Mare of the goods of the said I S. and not depart without license of the Court That then c. Or thus That if the within bounden I S. shall personally appear before the Justices of the Peace of the County of Glouc. at the next Quarter Sessions in the County aforesaid to be holden then and there to inform the Court against one A B. of c. now a prisoner in the Castle and not depart without license of the Court That then c. 9. To appear to answer a Felony upon a Bail The Condition of this Recognisance is such that if the within bounden I S. shall make his personal appearance before the Justices of the Peace of the County of Glouc. at the next general Sessions of Peace to be holden for the same County then and there to make answer to our Lord the King for and concerning the suspicion of stealing certain corn That then c. Another of the same and to keep the Peace
10. The condition c. That if the within bounden I S. shall personally appear before the Justices of the Gaol-delivery to be holden in the said County of Glouc. at the next Assizes and Gaol-delivery there or before the Justices of the Peace of the County of Glouc. at the next general Sessions of the Peace to be held in the same County to do and receive that which by the Court shall be then and there enjoyned him and shall not depart thence without leave of the Court. And that in the mean time he be of good Behaviour and do keep the Peace of our Lord the King toward his Highness and all his People c. that then c. Another to the same purpose 11. The Condition c. That whereas the within bounden I S. hath now lately dangerously hurt one L M. of c. so as the said L M. is thereby in danger of death If therefore the said I S. shall make his personal appearance before the Justices of the Gaol-delivery at the next General Gaol-delivery to be holden in the County of Gloucest then and there to make answer to the premises and to do and receive that which then by the same Court shall be enjoyned him That then c. Another 12. The Condition c. That if the within bounden I S. shall personally appear c. then and there to make answer to such matters as on the behalf of our Lord the King shall be objected against him by I D. of c. concerning c. then shew the matter briefly and conclude as in the rest before That then c. So in the Condition for the Peace and good Behaviour they may be made after the same manner by changing onely that which is to be changed But if the Condition be annexed to the Recognisance as it must be to the latter sort of Recognisances above named that conclude thus Under the Condition following viz. then must they run in this manner For the Peace 13. That the said I S. shall personally appear at the next general Sessions of the Peace to be holden for the said County and in the mean time that he shall keep the Peace towards our said Lord the King and all other the people of this Common-wealth of England and chiefly towards L M. For the good Behaviour 14. That the said I S. shall personally c. as in the last and in the mean time that he shall be of good Behaviour towards our Lord the King and all c. as in the last Where divers Recognisances are to be taken at once some have â—sed to put them all in one Roll of Parchment together after this form 15 Glou. ss For Ale-house keepers 15. Md. That at Dale in the County of Glouc. the first day of May c. I S. Victualler of c. came before me W S. Esquire c. and did acknowledge that he did owe to our Lord the King and his Successors by way of Recognisance twenty pounds of lawfull c. And G H. of c. and I K. of c. did then also acknowledge to owe to our said Lord the King ten pounds a piece of lawfull English money by way of Recognisance to be levied of each of their c. under this Condition following viz. That the said I S. being licensed to keep an Ale-house in the Town of Dale for one year now next following shall not during the said term suffer within his said house any play at unlawfull Games but shall there use and maintain good order and rule And then write under this 16. G H. of I. c. did then and there acknwledge to owe to our said Lord the King ten pounds and N O. of c. and P Q. of c. did then and there acknowledge to owe to our said Lord the King five pounds a piece in manner as aforesaid and under the condition aforesaid And so for the rest Observations upon this Warrant I cannot warrant the latter end of these Recognisances to be good but am rather inclined to believe they are all of them but the first naught And therefore do advise the Justices of the Peace and their Clerks to make them at length and to decline this form Another form for the Peace or good Behaviour 17. Memorand That A B. of C. c. D E. of F. c. G H. of I. c. such a time and place came before me W S. Esquire c. and became Manucaptors and undertook for T O. of c. That he should keep the Peace or be of good Behaviour towards our Lord the King and all his People and especially towards I D. every of the Manucaptors under pain of ten pounds a piece and T O. under pain of twenty pounds and that the said T O. shall appear before the Justices of the Peace c. The Form of the Release of the Peace Memorandum quod primo die Julii c. prafatus E F. xenit noram me praefato T P. gratis remisit relaxavit quantum in se est praedictam securitatem pacis per ipsam coram me versus supraâ—â—â—inatum B C. petitam In cujus egâ— Testimonium â—â— praefat T P. c. Dat. c. CHAP. XXI Of a Mittimus What it is A Mittimus is an Order of Commitment of the person of a man to Prison by a Justice of Peace to an inferiour Officer for the time the Law appointeth for some offence by him done And as touching this in general you may obserâ—â— these things 1. In every Mittimus care must be had to set down these two things First the offence Secondly the true manner and time of punishment 2. That there is very little difference between a Mittimus and a Warrant of Commitment This is to the Officer to take and carry a man to Prison and that to deliver him to the Gaoler which doth imply a taking and carrying both are to carry to Gaol It may be easie therefore to change the form and the one President may serve for a light by which to make the other 3. The Title and form of one of these hereafter set down may serve to direct all the rest 4. By these forms hereafter set down any other may be easily drawn with very little alteration 5. If the Mittimus be for a Felony and the Felon hath confessed it upon his examination the Mittimus must say so for then he is not bailable Divers Forms of Mittimus A Mittimus for Felony to the Gaol 1 Glouc. ss W S. and I S. Esquires two of the Justices c. To the Keeper of the Gaol within the Castle of Glouc. or his Deputy there being We send you herewithal the bodies of A B. and C D. charged before us with the felonious using and practising of Witchcraft upon the body of a child of K L. or charged before us by T C. of K. in the County of G. with robbing him on
appeared before me the said W S. and the said C D. and E F. have undertaken for the said A B. who is within the age of 21 years to wit either of the said manucaptors in twenty pounds a piece which each of them have acknowledged to owe to our said Lord the King by way of Recognisance to be levied on their lands and tenements goods and chattels to the use of our said Lord the King to wit that the said A B. no damage or ill shall do or procure to be done to any of the people of this Commonwealth in their bodies or burning of their houses and especially to T R. Therefore I require you and every of you to forbear c. as in the rest This may also be to stay proceedings of Arrest or Imprisonment against a man upon good Behaviour or upon a Capias upon an Indictment for Trespass or the like thus 5 Glouc. ss W S. To c. Forasmuch as I S. of c. came before me this first day of c. at Dale in this County and hath found sufficient Manucaptors to be at the next General Sessions of the Peace to be held in this County before the Justices of the Peace there to answer to our Lord the King of certain trespasses contempts and offences whereof he is indicted Therefore I command you c. as in the rest CHAP. XXIII Of a Liberate 1 Glouc. ss W S. c. To the Keeper of the Gaol in the Castle of Gloucest Forasmuch as I S. of c. hath before us found sufficient mainprise to appear before the Justices of the Gaol-delivery at the next general Gaol-delivery to be holden in the said County there to answer the things that shall be objected against him touching the felonious stealing of two sheep for the suspicion whereof he was committed to your Gaol These are to require you in case he be there detained in prison for this and no other cause that you forthwith deliver him and let him go at large Given under our Hands c. 2 Glouc. ss W S. c. To the Keeper c. I S. being by me committed to your custody in your Gaol till he put in sureties for the peace or good behaviour as the case is These are c. as in the last Observations on this If one Justice of his own head commit a man to Gaol or Bridewel he may again deliver him and he need not shew the cause or if it be for the peace or good behaviour to tell the Keeper that he hath taken Sureties we think it safe for a Keeper to have this from a Justice always when he delivers his prisoner By these other Liberates may be made Of a Release I have seen a Release of the Peace by a Justice of Peace that took it and Presidents of Releases of the Peace and good Behaviour but I understand not of what use they are for the party must appear onely the Release of the Peace c. is an evidence that the Prosecutor is not afraid of him and therefore the Court will not probably continue him bound CHAP. XXIV Of a License and Testimonial 1 Glouc. ss To sell Ale W S. and I S. Two of the Justices c. Know all men by these presents That we do hereby license I M. of c. to keep a common Ale-house in L. aforesaid in the house there where he now dwelleth for one whole year next ensuing the date hereof so that he do not during that time suffer any unlawfull Games to be used nor any evil rule or disorder to be done in the same house Dated c. So to brew and sell Beer and keep a common Alehouse c. 2 Glouc. ss To travel on the Lords day W S. c. To all c. I S. of c. where he now liveth having informed me that he had a Father living at D. in the County of S. where he lieth now very sick and he hath a desire to visit him Now know ye that for this cause I do hereby license him to travel upon the next Lords day the direct way to him willing and requiring you not to molest him for the same so he behave himself orderly in his travel Dated c. 3 Glouc. ss Describe him To convey a Rogue I S. a sturdy vagrant beggar of low personage red haired c. and about twenty years was this first day of May openly whipped at W. in the said County according to the Law for a wandring Rogue and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straight way to P. in the County of W. where as he confesseth he was born or dwelled last for one whole year if the case be so and he is limited to be at P. aforesaid within ten days now next ensuing at his peril Given at W. under the Hands and Seals of W S. Esquire one of c. and I D. the Constable of W. aforesaid 4 Glou. ss For one that hath suffered shipwrack c. Soldier c. W S. c. one c. To all Constables Tythingmen c. Forasmuch as I am credibly informed that I S. the bearer hereof of low personage c. hath been at Sea and there the first day of May last suffered ship-wrack and hath not wherewith to relieve himself in his travel to the place of his birth or last dwelling These are to desire you to suffer him to pass the next way to the said place where he is limited to be within forty days next after the date hereof and not to trouble but rather to relieve him The like may be for a poor Souldier 5 Glouc. ss To travel W S. and I S. two of the Justices c. To all c. The bearer hereof I S. of c. having shew the cause of his travel desired our Testimonial or License for his safe travel to the City of B. shew whither he is to go wherefore we as much as is in us do license him to travel the direct way from H. in the County of G. to the said City so as his journey be not continued longer then twenty days next after the date hereof and pray you to suffer him to pass in peace so as he demean himself orderly And by these a Testimonial may be made for other things as for a Labourer in Harvest-time to go into another Countrey to work or a Servant departing at the end of his year CHAP. XXV Of a Certificate A Certificate of the Presentment or Verdict of the Jury may be made into the Kings Bench the like may be made of the Record of a Force viewed by the Justice These Certificates and the like may be made by the Justice of Peace by way of a Letter inclosing therein the Presentment of the Jury or the Record of the Justice except the same be removed by Certiorari the forms whereof see in the end of
this Cabinet and Fitz. Nat. Brev. 242 c. Or the Justice of Peace may deliver the same into the Kings Bench without Certiorari he being a Judge of Record Of a Record or a Certiorari It may be done on the back of the Writ thus I W S. c. one of the Justices of the Peace of our Lord the King in the County of Gloucest The tenor of the security of the Peace of which there is mention in this Writ or whereof there is mention herein to our said Lord the King into his Chancery under my Seal distinctly and openly do send as appeareth in the Schedule to this Writ annexed Then write the Recognisance verbatim Md. that the first day of May c. came before me c. in witness whereof I the said W S. have put to my Seal Dated c. And let him set his Seal and then file all this to the back of the Cerciorare Write upon the back of the Supplicavit thus The execution of this Writ appeareth in the Schedule to the Writ annexed And put his name to it A Binding by Supplicavit Then the Schedule may be thus and filed to the back of the Writ I W S. c. certifie in the Chancery to our Lord the King That I by vertue of this Writ to me first delivered by A B. in the Writ named caused to come before me the first day of May T R. in the same Writ named and have compelled him to find sufficient security and manucaptors according to the form of the said Writ as the Writ doth appoint In witness whereof I have put my Seal to this present Certificate Dated at C. aforesaid in the County aforesaid the said first day of May. And herewith the Justice may if he will send the Recognisance or he may keep it till it be sent for by Certiorari For Swearing For Swearing I W S. Esquire one of the Justices c. do certifie to the Clerk of the Peace for the County of Glouc. that the persons whose names are hereunto subscribed were since the last Quarter Sessions convicted before me for swearing one profane oath a piece Given under my Hand and Seal this c. By these forms you may the better see how to make other Certificates The Certificate of a Riot see Dalt Just of P. Chap. 130. CHAP. XXVI Indictments of Treason of several sorts and the nature of the Judgements thereupon For counterfeiting a Protection and putting to it the Great Seal taken from other old Letters Patents Juratores c. Praesentanâ— quod A B. nuper de C. in Com. H. Husbandman D E. praedict Yeoman machinantes quomodo populum Domini Regis nunc subtilissime possent decipere vel defraudare Dominum Regem de his quae ad ipsum Regem pertinent Regalia sua ut de feodi Magni Sigilli hujusmodi exhaeredare veram Legem Angliae à toto tempore usitatam approbatam subvertere adnullare 10o. die Janu. Anno c. apud R. in Com. S. deceptive falsâ— proditoriè quasdam falsas Literas Patentes ad similitudinem scrip Cancellar Domini Regis contrefect quasi essent Literae Patentes de protectione ipsius Regis sub nomine J C. Clerici Hanaperii Domini Regis ac unius Clericorum Cancellariae praedictae script hunc tenorem continent viz. C. Dei gratia c. reciting the Letters Patents verbatim Ae cum idem A B. D E. dictas falsas Literas Patentes sic ut praemitt contrafecissent non habentes Magnum Sigillum Domini Regis deceptivè falsò proditoriè machinant qualiter ipsi falsas fictas Literas Patentes hujusmodi subtilius possent sigillare Magnum Sigillum Domini Regis contrafacere dicto 10o. die Janu. Anno supradict apud H. in Com. praedict quoddam Magnum Sigillum Domini Regis super quasdam Literas Patentes ipsius Domini Regis praeantea pend debite impositum acceperunt assumentes sibi Regiam potestatem ipsum Regem regali sua authoritate quantum in eis fuit privant adtunc ibidem cum quodam cultello arripuerunt illud dictis falsis fictis contrafactis Literis Patentibus deceptivè proditoriè apposuerunt annexerunt easdem literas sigillaver sigill ill subtiliter recludendâ— quasi sic non fecissent sic Magnum Sigillum Dom. Regis adtunc ibidem proditoriè contrafecer cum praemissa sic fecissent dictas falsas contrafactas Literas Patentes ut praedicitur sigillat 7o. die Martii Anno c. apud Villam de N. in Com. M. ac in diversis aliis locis ejusdem Com. tanquam Literas Patentes ipsius Domini Regis de protect deceptivè falsò proditoriè publicaverunt diversas pecuniar summas de diversis ligeis Domini Regis receperunt colore dictarum falsarum fictarum contrafact Literarum Patent in deceptionem Domini Regis ac populi sui praejudicium exhaeredationem dicti Domini Regis manifestam contra pacem ejusdem Domini Regis Coronam Dignitatem suas ac contra formam Statut. in hujusmodi casu edit provisi Judgement to be drawn and hanged for a man and for a woman to be burned An Indictment for clipping of Gold and Silver and uttering the same Juratores c. quod E B. de Civitat Lincoln Pedlar die anno c. ac diversis diebus antea postea apud Civitat praedict 40 pec auri vocat P. ac 400 pecias argenti voc Groats bonae legalis monetae Angliae cunagii dict Domini Reg. pro lucri causa falso felon proditoriè totondit filavit iâ—a quod per tonsionem filationem illas quaelibet pecia auri inde de 12 d. in suo debito pondere diminuebatur quaelibet argenti inde de unâ— obulo in debito suo pondere diminuebatur monet ill in forma praedict tonsam filat diversis li geis dict Dom. Regis apud Civitat praedict in Com. praedict falsò felon proditoriè exposuit utteravit contra formam Statut. c. ac contra Pacem c. Judgement ut supra For a Jesuite and his Receiver High Treason in the Jesuite and Felony in the Receiver without Clergy Inquiratur pro Domino Rege Si A B. nuper de C. in Gomitatu praedicto Clericus natus apud D. in Comitatu praedicto atque infra annum jam proxime praeteritum factus profâ—ssus Jesuita per authoritatem à Sede Romana derivatam proditoriè apud D. praedict in Comitatu praedict septimo die Apr. anno Regni dicti Domini nostri Caroli Dei gratia Angliae Scotiae Franciae Hiberniae Regis fidei defensoris c. duodecimo à partibus transmarinis applicuit dicto septimo die anno supradicto nonnulliis aliis diebus tunc proximè sequentibus apud D. praedict in Comitatu praedict proditoriè moram
and a good ward by day and to apprehend all the breakers thereof And you the said Sheriff are hereby by us commanded and authorized to come your self unto us armed and to bring with you an hundred able men and armed men to Dale in this County on the first day of February next to assist us in the suppressing of the same commotion and in keeping of the Peace And all other persons are hereby commanded to be obedient to you the said Sheriff and the said Constables therein at their peril And hereof you are not any of you to fail at your peril Given under our Hands and Seals at S. within the same County the first day of _____ Observations upon this first Warrant 1. The Stile and Teste of all the Warrants that do follow may be after the same manner as this is 2. A Warrant may be sent to the High-Constables to cause so many armed men to come armed to such a place from every Hundred and so an Army may be had and these the Justices may lead or send any where in the County to make oâ— keep the Peace And by this Warrant you may know how to make such a Warrant Glouc. ss To command the keeping of the Peace W S. and F B. Esquires c. To the Sheriff of the same County and to all High-Constables and Petit-Constables and other Ministers and Officers appointed to keep the Peace within the same County Greeting Whereas we are informed that there is a great meeting appointed to be had at D. within this County upon the first day of May next under pretence of a Fair then and there to be kept or under pretence of a Cock-fighting to be there had or under pretence of a Race to be there run when and where by occasion or under colour thereof it is suspected there may be some notorious breach of the Peace by a Fray Ryot Insurrection or otherwise For the preventing whereof and the keeping of the Peace These are to authorize and require you and every of you that you calling to your assistance and aid such a number of persons as you shall think fit all which persons are by us required to assist you and that you be then there provided during the same meeting and by all the lawfull ways and means you can see that the publick Peace be kept and preserved and the breakers and disturbers thereof punished And hereof and to give us an account of your doings herein within fourteen days after the same day be past you are not to fail at your peril Given c. Observations upon this Warrant What ever the Justices of the Peace may do or the Sheriff or Constables ought to do in order to the keeping of the Peace the Justices may by such a Warrant as this is command them to do CHAP. III. About the Lords day 1 Glouc. ss Against merry meetings VV S. Esquire c. To the Constables and Tythingmen of Dale within this County and every of them or it may be directed to the Churchwardens of Dale Whereas the persons undernamed all of your Parish of Dale within this County have been lawfully convict before me that they the first day of May last past being the Lords day Either of these are sufficient so that they upon a Lords day within a moneth past did cause or maintain or keep an assembly meeting This Warrant is grounded upon the Stat. of 1 Car. 1. or concourse at Sale in this County being out of their own Parish for sports and pastimes viz. for Foot-ball and for Wrestling or caused an assembly meeting and concourse of people and were present at it or caused an assembly meeting and concourse of people without the other words for a Bear-baiting or for a Bull-baiting or for a common Play or for Cards and Dice or for Dicing as the case is contrary to the Act of Parliament in that case provided By which either of them hath forfeited three shillings and four pence a piece for the use of the poor of your Parish to be levied by the Constables or Churchwardens by distress and sale of the goods of the offender and in default of distress to be put in the Stocks three hours These are therefore to authorize and require you forthwith to levy the same sum of three shillings four pence of every of the said named persons and of their goods respectively by distress and sale thereof rendring to them the overplus And in case of lack of distress that then you see that the same person or persons lacking distress be set publickly in the Stocks by the space of three hours And the same money forfeit being by you received that you take care the same be by you imployed to the use of the Poor of your Parish according to the said Act. And hereof fail you not c. Given under my Hand and Seal c. W S. of Dale Husbandman I S. of the same Yeoman K L. of the same Labourer N M. of Sale Husbandman 2 Glouc. ss W S. c. To the Constables c. as in the last Either of these is sufficient It being duly proved before me that I S. of your Parish of Dale a Carrier or Waggoner the first day of c. being the Lords day in your Parish of Dale aforesaid did being then a Carrier with his horse or horses or being then a Waggonman with his Waggon or being then a Carter did with his Cart or being a Waynman with his Wayn or a Drover with his Cattel as the case is travel into and through your said Parish of Dale contrary to the Statute in that case provided by which he hath forfeited twenty shillings to the use This is grounded upon 3 Car. 1. of the Poor of your Parish of Dale These are therefore to authorize and require you forthwith to levie the same twenty shillings of the goods of the said I S. by distress and sale thereof rendring to him the overplus And the same so by you received that you see it to be imployed to the use of the Poor of your Parish according to the intent of the same stature And hereof c. Given under my Hand and Seal c. 3 Glouc. ss W S. c. To the Constables and Tythingmen of D. and every of them or it may be to the Churchwardens of Dale It being duly proved before me that I S. of your Town Butcher did in Dale aforesaid the first day of May last past Either of them is sufficient This is upon 3 Car. 1. being the Lords day kill or caused to be killed victuals to wit one Calf or did sell victuals contrary to the Act of Parliament in that case provided whereby he hath forfeit 6 s. 8. d. to the use of c. as in the last And the same so by you received that you see it be imployed to the use of the Poor of your Parish And hereof c.