they are many and in the Main they tend to one and the same thing though in Circumstances many CHAP. XVII Of Sessions and Matters properly to be done c. by Justices therein c. THE Sessions is the Assembly of any two or more Justices of the Peace one being of the Quorum at a certain Day and Place within the Limits of their Commission appointed to Enquire by a Jury or otherwise to take Knowledge and thereupon to hear and determin according to their Power of Causes within their Commission and Statutes referred to their Charge Lamb. 378. A Sessions held without Summons is good but in such Case none shall lose any thing for Default of Appearing Lamb. 380 381. Summons of the Sessions is usually by Precept Written to the Sheriff and by him to be returned at Sessions Lamb. 381. Precepts for Summoning the Sessions may be made by any two Justices of the Peace one being of the Quorum but not the Custos Rotulorum alone and Summons cannot be discharged by Supersedeas of all other Justices but by Supersedeas out of Chancery Lamb. 382 383. CHAP. XVIII The Justice of Peace his Clerk c. his Business relating to Warrants Hue and Cry Order for Bastard-Children Recognizances Mittimus's Releases Bailments Supersedeas c. in due Form Latin and English and other things with Observations or Notes thereon for better Information Instructions for Clerks to Justices of the Peace containing many necessary Forms or Precedents of Warrants on several Occasions directed to Constables As for Warrants grantable by Justices of the Peace they may be stiled and made after several manners viz. 1st In the Name of the King and yet the Teste may be under the Name of the Justice or Justices of Peace who grant them 2dly Or they may be stiled and made only by the Name of the Justices so granting 3dly Or else be made without any such Stile and only under the Teste of the Justice of Peace or only subscribed by the Justice as the cause requires But not having room for every Particular the Nature of things in this case requires in so small a Book I shall only set down what are most common and useful in their order The Form of a General Warrant for a Misdemeanour Bucks T. G. Esquire one of the Justices of the Peace c. to the Constables of D. c. in the said County and to every of them These are to will and require you in his Majesties Name straightly to charge and command you upon sight hereof to attach and forthwith to bring before me the Body of I. P. Baker to answer such Mattters of Misdemeanour in his Majesties behalf as shall be objected against him and hereof fail not at your Peril Given under my Hand c. or Dated c. The Form of a Warrant for the good Behaviour to the Constables c. Bucks Forasmuch as A. B. of your said Town is not of good Name or Fame nor of honest Conversation a Rioter and Disturber of the Peace of our Sovereign Lord the King as we are given to understand by the complaint of sundry credible Persons Therefore on the behalf of our Sovereign Lord the King we straightly charge and command you or either of you immediately upon sight hereof you or one of you require the said A. B. to come before me or some other of his Majesties Justices of the Peace to find sufficient Sureties and Mainprize as well for his good Abearing towards our said Sovereign Lord and all his Leige-People until the next Quarter-Sessions to be holden in the said County as also for his Appearance then and there and if he shall refuse so to do that then you him safely Convey or cause to be Conveyed to the common Goal of the County aforesaid or to the next Goal of His Majesty 's in the said County there to remain until he shall willingly do the same So that he may be before the Justices of the Peace of our said Sovereign Lord the King within the said County at the next general Sessions of the Peace to be holden for the County and there to Answer our said Sovereign Lord for his Contempt on this Behalf And see that you certifie your Doings in the Premises to the said Justices in the said Sessions bringing then thither this Precept with you Given at B. under my Hand and Seal the fourth Day of December c. The Form of a Warrant immediately in the King's Name Grantable by Justices of the Peace William by the Grace of God King of England c. To our Sheriffs of our County of Oxford the high Constables of the Hundred of R The Petty Constables of the Town of B And to all and singular our Bayliffs and other Magistrates in the said County as well within Liberties as without Greeting forasmuch as L. B. of c. hath come before Sir W. M. Knight and Baronet one of our Justices of the Peace within the said County and hath c. Concluding in the Justices Name thus Witness the said W. M. at B. the _____ Day of _____ c. ☞ Here Note that wherever the Warrant is made in the King's Name as afore there it seemeth it ought to be directed to all Ministers as well within Liberties as without for the King is made a Party and so it may be done it seemeth in all other Warrants especially for Felony or for the Peace or good Behaviour c. because it is the Service of the King and no Franchise or Liberty shall be allowed or hold place against the King Br. Franch 31. However it is further held that the Justices of the Peace of the County may not Intermeddle in any City Town or Liberty which have their proper Justices Vide Dalton Chap. 6. Folio 25. Where you will find it set down more largely The Form of a Warrant for the Peace Surrey To the Constables of C. c. and to either of them Forasmuch as A. B. of your said Town Yeoman hath required Sureties of the Peace against T. L. of your said Town Labourer and withal hath taken his Corporal Oath before me that he requireth the same not for any private Hatred or Evil Will but simply that he is afraid of his Life or the Hurting or Maiming his Body or the Burning of his Houses These are therefore to Will and Require you in His Majesty's Name straitly to charge and command you that immediately upon the sight hereof you or one of you require the said T. L. to come before me or some other of His Majesty's Justices of the Peace within the said County to find sufficient Sureties as well for his Appearance at the next Quarter Sessions of c. to be holden for this County as also that the said T. L. shall in the mean time keep His Majesty's Peace as well towards his said Majesty as towards all People and especially towards the said A. B. and that if he shall refuse so
Elizabeth Entituled An Act for the Relief of the Poor These are to Will and Require you whose Names are here Under-written That you together with the Church-wardens of your Parish for the Time being do according to the Form of the same Statute take Order from Time to Time for the Year to come for the setting to Work the Poor within your Parish and for raising a convenient Stock of some Wares or Stuffs in your Town to that Purpose and providing necessary Relief for such as are Lame and Impotent amongst you and for the placing Apprentices such Children whose Parents are not able to Maintain them And hereof see that you fail not at your Peril Dated c. Under the Hands and Seals of us c. This Warrant must be under the Hands and Seals of two Justices of the County The Form of a Warrant to Distrain such as refuse to pay their Rates to the Poor c. To the Church-wardens and other Overseers of the Poor within the Parish of K. and every of them Warwick Forasmuch as we are Credible Informed or that it hath been duly proved before us That the Persons here under-named do refuse to Contribute or pay the Summs of Money here undermentioned set upon their Heads being sessed and rated upon them severally for and towards the necessary Relief of the Poor of your said Town according to the Form of the Statute in that behalf lately provided These are therefore in his Majesties Name straitly to charge and command you and every of you forthwith to require the said Persons so refusing to be before us to shew cause of their said Refusal and if they or any of them shall refuse to come before us that then immediately you do Levy all and every the said several Sums of Mony unpaid and all Arrearages thereof of all and every the said Persons so refusing by Distress and Sale of the Offenders Goods you rendring to the said Parties the Over-plus that shall remain upon the Sale of the said Goods if any be and this shall be a sufficient Warrant for your so doing Dated c. ☞ Note the Parties offending must be named here c. CHAP. XXI The Form of a Warrant for suppressing an Ale-house Surrey W. L. and C. L. two of his Majesty's Justices of Peace within the said County of S. To the Constables of G. and either of them Greeting Whereas we are credibly informed that M. B. of your Town Victualler is himself a Man of Evil Behaviour and besides doth suffer Evil Rule and Disorder to be kept in his House contrary to the Laws and Statutes of this Realm These are therefore to will and command you forthwith to repair to the House of the said M. B. and to charge him to surcease keeping any longer any Ale-house or Tipling-house and from common selling of Ale or Beer at his Peril and withal that you cause his Sign to be pulled down and hereof fail not as you and either of you will answer the contrary at your Peril Given under our Hands and Seals at T. the Day of and in the Year of the Reign of our most Gracious Sovereign Lord King William the third c. But it is usual with the Justices e'er they grant this last Warrant or a Warrant to Levy Monies forfeited by Ale-house Haunters to send for the Offenders and Examin them of the Offence that the Truth may be known and that the Information be not upon the Account of Brangling or Malice between the Parties so informed against and the Party informing but the Truth known upon plain Conviction Forfeitures in the latter Case may be Levyed upon refusal to pay by Distresses and Sale of Goods and for want of such Distress the Offenders set in the Stocks c. See more in the Office of a Constable in this Book CHAP. XXII Supersedeas Grantable by Justices of the Peace to supercede Warrants c. their Forms The Form of a Supersedeas by a Justice of Peace Sussex R. D. Esquire one of the Justices of Peace of our Sovereign Lord the King within the County of Sussex To the Sheriffs Bailiffs Constables and other of the Faithful Ministers of our Sovereign Lord within the said County and to every of them sendeth Greeting Forasmuch as L. T. of C. c. Husbandman hath personally come before me at D. c. and hath found sufficient Sureties that is to say W. C. and R. B. c. Yeomen either of which hath undertaken for the said L. T. under the pain of Twenty Pounds and the said L. T. hath undertaken for himself under the pain of Forty Pounds that he the said L. T. shall well and truly keep the Peace towards our Sovereign Lord and all his Leige People and especially towards R. M. of c. Baker and also that he shall personally appear before the Justices of the Peace of our said Sovereign Lord at the next General Sessions of the Peace to be holden for this County of Sussex Therefore on the behalf of our said Sovereign Lord I command you and every of you that you utterly forbear to Arrest Attatch Take or Imprison or otherwise by any means for the said occasion to molest the said L. T. and if you have for the said occasion and no other taken or imprisoned him that then you do cause him to be delivered and set at Liberty without farther Delay Given at D. in the County aforesaid under my Hand and Seal this 29 of January c. ☞ Note a Supersedeas of this Nature is held good though the Sureties are not named nor the Summ they are penally obliged in yet it is better to express them both for in such case if it shall appear the Sureties are not sufficiently Responsible nor bound in sufficient Summs better Sureties may be taken and accordingly all the Supersedeas issuing out of the Court of Chancery King's-bench and Common-pleas do mention the Names of the Sureties and the Summs they are obliged in for the Delinquents forth-coming to answer c. And further note that upon good Sureties taken for the good Behaviour a Supersedeas of good Behaviour may be granted as for the Peace Mutatis mutandis Crompt 237. Also a Supersedeas de capias indictamentum de Transgressione and so of an Exigent may be granted by the Justices of Peace out of the Sessions otherwise it would be Mischievous for the Party not only by Reason of his Imprisonment but also that he may be outlawed before the Sessions if so it were that the Justices of Peace might not take Sureties of him for his Appearance and all is no more than to appear and answer to the Indictment And these according to Crompton's Opinion Cromp. 234. may be granted by one Justice of the Peace and with him agree the Books of Entries However Lambert thinketh it not in the lawful Power of any one Justice of Peace to grant such Supersedeas at this Day but that it must run in the Names
of two Justices one to be of the Quorum Lam 508. However a great many Presidents run in the Name of one Justice of the Peace which seemeth to be the ancient Practice Notwithstanding the joining of two Justices of Peace herein and one of them of the Quorum is on all Hands concluded most Authentick and so Dalton is of the Opinion it ought to be The Form of a Supersedeas to deliver one out of Prison for Trespass or the like Wigorn. T. B. Armig. Vnus Just Dom. Reg. nunc ad Pacem in Com. Praed Conservand Constabut Ville de S. nec non custodi Gaolae dicti Domini Regis in Com. praed Salutem Quia M. B. de C. Labourer venit coram me invenit suffic securitat essendi coram Justic dicti Domini Regis ad Proximam Generalem Session Pacis in Com. praedict tenend ad respondend tam Domino Regi quam C. B. de quibusdam Transgr s seu Contemptibus c. per ipsum perpetratis ideo vobis cuilibet vestrum Mando quod praedict M. B. à custodia vestra sine dilatione deliberari faciatis alio mandato meo inde direct interim supersedere hoc Mandatum meum erit vobis cuilibet vestrum Warrant Datum apud V. tali Die c. Or you may begin it thus ss T. B. Armig. Justic Constabul Ville de S. nec non c. Supersedeas de Exig Fac. de Felonia Ebor. Gulielmus c. Vic. Com. Ebor. Salutem Quia D. C. de B. in Com. tuo Pistor venit coram F. E. invenit sufficien Manucaptor essendi coram Custod Pacis nostrae ac Just nostris ad diversas Felon c. ad General Session Pacis nostrae apud G. tali die tenend ad respondend nobis de quibusdam Feloniu unde indictatus est Ideo tibi praecipimus quod de ulterius Exigent praefat D. C. ad aliqu Comitat tuum vel Imprisonand sive ipsum ea occasione aliqualiter molestand omnino supersed habeas ibi tunc hoc breve Teste W. M. apud L. tali Die Anno. c. Supersedeas de capias pro fine Cantab. I. B. Armiger unus Justic Dom. Regis nunc ad Pacem in com praedict Salutem Quia L. C. de N. in dict com Tonsor venit coram me invenit sufficient Manucapt essendi ad proximam Generalem Sess Pacis in Comitat. praedict tenend ad faciend Finem cum dicto Dom. Rege pro quibusdam Transgres Contempt offensis unde indictatus existit Ideo tibi praecipio quod de capiend praef L. C. Imprisonand seu ipsam ea occasione aliqualit molestand omnino supersed habeas ibi tunc hoc praeceptum Teste me c. There are other Supersedeas's on several occasions but finding these Forms I thought good to set them down as a Light to further Matter of this Kind and for a Treatise of them more at large I refer you to Dalton Chap. 133. Crompton 234. CHAP. XXIII The Forms of Recognizances on several occasions to be taken by Justices of Peace and written by them or their Clerks c. The Form of a single Recognizance to be taken before a Justice of the Peace Surrey Memorand quod die Anno Regni Domini nostri Gulielmi tertii Dei Gratia Angliae Scotiae Franciae Hiberniae Regis Fidei Defensoris c. Venerunt coram M. D. W. C. Armiger Justiciar dicti Domini Regis ad Pacem in Com. S. conservand Assignat S. I. de B. in comitatu praedict Yeoman W. S. de eodem Textor ac D. R. de S. in comitat praedict Sutor Recognover se debere Dicto Domino Regi viz. quilibet Manucapt praedict decem Libr. Praedict S. I. in viginti Libr. bonae et legalis Monetae Angliae solvend eidem Domino Regi in Festo Purificationis Beatae Mariae Virginis proximo futur post dat present nisi fecerint concesserunt pro se Haered Executor Administ suis per presentes quod dicta separales summae levent recuperent de maneriis Mesuagiis Ter. Tenement Bonis Catallis Haereditament ipsor S. I. W. S. D. R. Haered Executor Assign suor ubicunque fuerint invent Dat. c. The Form of a Recognizance for the Peace Sussex Memorand quod Die Anno Regni Domini nostri Gulielmi Tertii Dei Gratia c. P. P. de E. in com praedict Auri faber in propria persona sua venit coram me T. L. Armig. uno Justic dicti Dom. Reg. ad pacem in dicto com conservand assign assumpsit pro seipso sub poena Quinquaginta Libr. W. I. de M. in com praed Yeoman T. N. de c. Agricultur tunc ibid. in propriis personis suis similiter vener manuceperunt pro praedict P. P. viz. quilibet cor separat sub poena vigint quinqu lib. quod idem P. P. personalit comparebit coram Justic Dom. Reg. ad pacem ad prox Generalem Sessionem pacis in com praedict tenend ad faciend recipiend quod ei per curiam tunc ibid. injungetur quod ipse interim pacem dict Dom. custodiet erga ipsum Dom. Reg. cunct populum suum praecipue versus N. M. Yeoman quod dampnum vel malum aliqu Corporale gravamen Praef. N. M. aut alicui de populo dicti Dom. Regis quod in Laesionem aut Perturbationem pacis ipsius Domini Regis seu praef N. M. cedere valeant quovis modo non faciet nec fieri procurabit Quam quidem sum Quinquaginta lib. praedict P. P. quilibet Manucapt praed praedictas separales summas viginti quinque Libr. se debere dicto Dom. Regi de Terris Tenementis bonis catallis suis quorumlibet cujuslibet eor ad opus dict Domini Regis Haered successor suor fieri levari ad quarumcumque manus devenerit si contigerit ipsum P. P. praemissa vel eorum aliquid in aliquo infringere inde Legitimo modo convinci In cujus rei Testimon ego praedict T. L. sigillum meum apposui Dat. apud c. ☞ Note here if the Justice only subscribe his Name to the Recognizance without putting his Seal it may be well enough And further that all Bonds Obligations and Recognizances that shall be taken by any Justice of the Peace or any other Person for any cause touching the King must be made and be taken in his Name and by these words Domino Regi c. under a Penalty to him that takes them as I have elsewhere said The Forms of Conditions of Recognizances to be set under the Recognizance or Indorsed The Form of a Condition to keep the Peace The Condition of this Recognizance is such that if the within bounden P. P. shall personally appear before the Justices of our said Sovereign Lord the King at the next General Sessions for the Peace to be held in the said County of Sussex to answer to such matters as shall be objected against him by N. M. within named to do and receive what the Court shall then and there enjoin him and that he do in the mean time keep the Peace of our said Sovereign Lord
the King towards the King's Majesty and all his Liege People and especially towards the said N. M. of E. aforesaid Yeoman that then this Recognizance to be void and of none effect or else to be and remain in full Force and Virtue The Form of a Condition for one to appear before the Justices of Peace at their next Sessions The Condition of this Recognizance is such that if the within Bounden W. A. shall make his Personal Appearance before the King's Majesties Justices of the Peace at the next Quarter-Sessions of the Peace to be holden for the said County of S. then and there to make Answer unto such Matters as on His Majesty's behalf shall be objected against him by W. A. or concerning c. and there shew the Matter shortly and shall also stand and abide such further Order as the said Court shall award or set down therein that then and from thenceforth this present Recognizance shall be frustrate and void or else to remain in full Force and Virtue The Form of a Condition for one that hath dangerously hurt another The Condition of this Recognizance is such that whereas the within bound K. R. hath now dangerously Hurt or Wounded L. G. of R. within the said County of S. Butcher giving him divers Blows or Cuts on the Head Face c. with a Chopper made of Iron and Steel so as the said L. G. is in danger of Death thereby If therefore the said K. R. shall make his Personal Appearance before the King's Majesty's Justices at the next General Goal-delivery to be held in the said County of S. then and there to make Answer to the Premises and to receive that which then shall be by the Court Injoyned him and that he the said K. R. in the mean time do keep the Peace of our said Sovereign Lord the King towards the King's Majesty and all his Liege-people that then c. as before CHAP. XXIV The Forms of Mittimus's to deliver Persons Committed to Goal c. The Form of a Mittimus to send a Disorderly Servant or other Disorderly Person to the House of Correction Berks. I Have send you herewithal the Body of D. B. of R. in the said County of B. being an Idle Dissolute and Disorderly Fellow or one that will not keep his Service nor follow an Honest Course of Life These are therefore to Will and Require you to receive the said D. B. and him safely to keep till he shall be thence delivered by Warrant from my self or some other His Majesties Justices of the Peace for this County of Berks and in the mean time to hold him to hard Labour giving him the moderate Correction of the House by Whipping and otherways according to Law in such Cases provided and hereof fail not at your Peril Dated c. ☞ Note that the Justice at his Discretion may Limit a Time for his Imprisonment in the Mittimus as two or three Days and then to be Discharged c. The Form of a Mittimus of a Felon after his Examination taken Surrey I. B. Knight one of His Majesties Justices for the County aforesaid to the Keeper of His Majesties Goal at the Marshalsea in the Burrough of Southwark in the County aforesaid c. Greeting I send you herewith the Body of B A. late of G. Labourer brought before me this present Day and Charged with the Felonious taking five Swine which he hath also confessed upon Examination before me And therefore these are on the Behalf of our said Sovereign Lord the King to Command you that you immediately receive the said B. A. and him safely keep in your said Goal until that he shall be thence delivered by due Course of Law Hereof fail not as you will answer the Contempt at your Peril Given at C. the Day of in the Year of the Reign of our Sovereign Lord c. ☞ Note here the Party Confessing the Felony on Examination is held to Bar himself of being Bailed by the Justice c. The Form of a Mittimus upon Suspicion of Felony c. Essex I. D. Esq one of the Justices of the Peace for the County aforesaid To the Keeper of his Majesty's Goal at Chelmsford in the said County or to his Deputy there Greeting These are in his Majesty's Name to Charge and Command you that you receive into your said Goal the Body of B. K. late of D. Mariner taken by L. C. Constable of the Town of C. and by him brought before me for Suspicion of Felony c. and that you safely keep the said B. K. in your said Goal until the next General Goal-delivery for the said County if he be not Bailable or if Bailable then thus until he shall be thence delivered by due Course of Law And hereof fail not as you will answer the Contempt at your Peril c. The Form of a Mittimus to send the Reputed Father of a Bastard-child to Goal Warwick I send you herewithal the Body of C. R. of B. in the County of W. Labourer brought before me this present Day and Charged by S. J. of the same Town to have gotten her with Child and for that the said C. R. refuseth to put in Security for his Appearance at the next Quarter-Sessions and to the end he may be forth coming when as Order shall be taken for the Relief and Discharge of the said Town of B. and for the keeping of the said Child when it shall happen to be Born according to the Statute in that Case made and provided These are therefore on His Mejesties behalf to Charge and Command you that you immediately receive the said C. R. and him safely keep in your said Goal until such time as he shall be from thence delivered by due Order of Law and hereof fail not as you will answer your Contempt at your Peril Dated c. ☞ Note that in every Mittimus the Cause of the Commitment is to be set down to the end that it may appear and be made known whether the Prisoner be Bailable or not and the Mittimus must be directed to the Goal-keeper or his Deputy Also where the Justices of the Peace out of their Sessions may hear and determin and so may Commit Offenders for the Offences or Fine it is necessary that in their Mittimus there be contained the Manner of the Offence and how long time the Prisoner is to be kept in Prison for it and after this manner with varying the Names of Places and Persons as it shall happen on the Occasion and some other Variations i◠Point of Fact c. These may direct a Clerk to make others c. And Mittimus's may be directed thus c. To the Keeper of His Majesty's Goal
to do that then immediately you do convey the said T. L. to the common Goal of the said County there to remain until he shall be willing to do the same and see that you certifie your Doings in the Premises to the Justices of the said Sessions and have there this Warrant Dated at c. The Form of a Warrant to search for Stolen Goods Com. Surrey To the Constables of R. c. and to either of them Whereas Complaint hath been made to me W. C. Esq one of the Justices of the said County by L. G. of C. That upon Tuesday Night last he had Feloniously taken from him certain Goods here name them And that he is given to understand that there are divers Parcels of such Goods in the Hands or Houses of divers suspected Persons within your Town These are to Will and Require you and in His Majesty's Name straitly to Charge and Command you that immediately upon the receit hereof you make diligent search in all and every such suspected Houses and Places within your Town and Parish as you and this Complainant shall think convenient and it upon your said Search you find any of the said Goods or any other just Cause of Suspicion that then you bring all such suspected Person as you shall find together with the said Goods before me or some other of His Majesty's Justices of the Peace for the said County to make Answer thereto and hereof fail not at your Peril Dated c. The Form of a Warrant to search after a Robbery Committed directed to the High Constables Whereas there have been of late many Robberies committed about D. Now for the better finding out such Lewd Persons we whose Names are here under-written being his Majesty's Justices of the Peace for the County of Middlesex have thought fit and do hereby Will and Require you in His Majesty's Name that forthwith you direct your Precepts to every Petty Constable within your several Hundreds Commanding them to make Search in all Inns Ale-houses and other suspected Houses within your Precincts for all such Persons as are Masterless or out of Service as also for all Idle Vagrant wandring Rogues Beggars and other Persons And further that they the Petty Constables within the Precincts do take Examination and account of all those and such other Persons as be common Ale-house-haunters or which expend their Money in Riot or which do not Labour for their Living and have not whereon to Maintain them and that the same Searchers be holden all over your Hundreds the same Night and at such other several times as in your Discretions shall seem meet And if any such Persons shall be found in the same Searches and that upon yours or the Petty-Constables Examination taken of them or any of them there shall be found any Cause of Suspicion in them or any of them that then they bring the said Persons so suspected before us or some one of us or some other of the Justices of the Peace of this County to be further Examined in the said Causes and to be further dealt withal according to Law and Justice And for the better doing hereof we require you to Command in His Majesties Name that every Petty-Constable within their respective Precincts do Require and Charge two chief discreet Head-boroughs in every Parish to Assist the Petty-Constable in this Service And hereof fail not at your Peril c. Dated c. The Form of a Warrant for a Person who hath dangerously Hurt or Wounded another c. Surrey To the Constables of C. c. Forasmuch as I am Credibly informed that C. G. of your Town Carpenter hath now or lately dangerously Hurt or Wounded one G. F. of your said Town Brick-layer by a Blow or Blows which he hath given to the said G. F. on the Face and Head c. So that the said G. F. is in danger of Death thereby These are therefore in His Majesty's Name straitly to Charge and Command you that immediately upon sight hereof you or one of you do bring the said C. G. before me or some other of His Majesty's Justices of the Peace of this County to find sufficient Sureties as well for his Appearance before His Majesty's Justices at the next General Goal-delivery to be holden for the 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 C. G. shall in the mean time keep the King's Peace towards his said Majesty and all his Liege People and especially towards the said G. F. and hereof fail not at your Perils Dated c. The Form of a Warrant for a Reputed Father of a Bastard-child Surrey To the Constables of P. c. Whereas Complaint hath been made unto me L. C. Esq one of His Majesties Justices of the Peace for the said County by M. G. of your Town single Woman that she is gotten with Child by R. B. also of your said Town Barber These are therefore to Will and require you and in His Majesty's Name straitly to Charge and Command you and either of you that immediately upon Receit hereof you Attatch the Body of the said R. B. and thereupon bring him before me or some other of His Majesty's Justices of the Peace for the said County to find sufficient Sureties as well for his Appearance at the next General Sessions of the Peace to be holden for this County as also for his good Behaviour towards His Majesty and all his Liege People in the mean time and hereof fail not as you will answer the contrary at your Peril Dated c. CHAP. XIX An Order of the Justices of Peace for a Bastard-child The Order of L. C. Esq and R.G. Esq two of His Majesties Justices of the Peace for the County of S. made for the Relief of the Parish of C. of the said County for the keeping of E. a Bastard-child Begotten by R. B. of C. c. On the Body of M. G. c. Imprimis Upon the Examination of the said M. G. duly by us taken we do find that the said R. B. is charged to have divers times Bodily and carnal Knowledge between such Times Here name the Times and to be the only Father of the said Bastard-child c. And therefore we do Order and Adjudge him the said R. B. to be the Reputed Father of the said Child We do further Order as followeth First That the said M. G. shall keep her said Child till it come to 8 Years of Age. Secondly That the said R. B. upon notice of this Order shall after such Notice pay unto the Hands of one of the Overseers of the Poor of C. for the Time being after the Rate of 2 s. 6 d. every Week to be paid Monthly every Year towards the Relief of the said Child until it come to 8 Years of Age. Thirdly That after the said Child shall come to the Age
of N. and to the Deputy or Deputies there and every of them And in case one be Committed for a Fact where the Statute appoints the Fine upon the Parties being Convicted before a Justice of the Peace by Witness or his own Confession the Fact must be at large set down as also the Penalty or Summ and then it must be to continue him till he pays the Money therein mentioned as in Case of Unlawful Fishing Hunting Shooting of Conies Pidgeons or the like with Hand-gun c. CHAP. XXIV The Form of Bailment by the Justices of the Peace c. The Form of the Liberate to deliver a Prisoner Committed for Felony Rutland A. D. and C. D. Esquires two of His Majesties Justices of the Peace to the Keeper c. of His Majesties Goal in the County aforesaid Greeting Forasmuch as G. F. c. Labourer hath before us found sufficient Main-prize to appear before the Justices of the Goal-delivery at the next General Goal-delivery to be holden in the said County there to answer to such things as shall be then and there 〈◊〉 â—he behalf of our said Sovereign Lord the King objected against him and namely to the Felonious taking five Geese for the Suspicion whereof he was taken and Committed to your said Go l we Command you on the Behalf of our Sovereign Lord that if the said G. F. do remain in your said Goal for the said Cause and for none other Then you forbear to Grieve or Detain him any longer but that you deliver him thence and suffer him to go at large and that upon Pain that will fall thereon Given under our Hands and Seals this c. The Form of another Bailment where the Goaler can conveniently bring the Prisoner before the Justices Cantabr Memorandum quod Decimo die Novembris c. L. C. de G. c. W. W. de M. c. Venerunt coram nobis S. T. P. T. Militibus duobus Justic Domini Regis ad Pacem Com. praedict conservand Assignat apud H. in Com. praedict Manucep pro G. L. de c. utrumque eorum sub poena viginti Libra c. praedict G. L. nunc ibidem similiter Assumit sub poena Quadraginta Librar consimilis Monetae Angliae de Bonis Catallis Tenement eorum cujuslibet eorum ad opus usum dicti Dom. Reg. Haered Successor suorum fieri levari si praefat L. C. defecerit in conditione indorsata The Condition of this Recognizance is such that if the within Bounden L. C. shall make his Personal Appearance before the King's Majesty's Justices of the Peace at the next general Sessions to be holden for this County then and there to make Answer to our Sovereign Lord the King for and concerning the Suspicion of Stealing five Sheep whereof he standeth charged then this Obligation to be void and of none Effect or else to be and remain in full Force and Virtue c. A Warrant to deliver a Servant out of a Goal Sussex F. B. Armiger unus Justic Domini Regis c. Custodi Gaolae dicti Domini Regis in compraedict Salutem Quia C. W. de R. Labourer coram me invenit sufficient Securitat essendi coram Justic dicti Dom. Reg. ad pacem in com praedict conservand c. ad proximam Generalem Sessinem pacis in com praedict tenend ad respondend tam dicto Dom. Reg. quam D. C. de N. de Transgres contemptu suis contra formam Stat. de servientibus nuper edit provis ideo tibi ex parte dicti Dom. Reg. mando quod praedict C. W. a Prisona tua si ea occasione non aliâ ibid. deteneatur sine dilatione delib fac Dat. c. ☞ Note wheresoever a Justice of the Peace upon his own Motion or Discretion hath committed a Party to the common Goal or any other Goal or House of Correction for want of Sureties for the Peace good Behaviour or for being a vagrant or idle Person or such like it seemeth the same Justice in like discretion may afterwards discharge him again and make his Liberate or Warrant to deliver such Prisoner c. vide 14 Hen. 6. Folio 8. Tit. Impris 27. The Form of a Bailment for the Peace the Party being in Prison Memorand c. B. A. de C. C. D. de L. L. L. C. de M. venerunt coram me G. W. c. manuca erunt pro R. B. de L. quod ipse pacem geret erga cunctum Populum Domini Regis praecipue erga S. I. sub poena cujuslibet manucaptor viginti Librar quod praedict R. B. comparebiâ— coram Justic Domini Regis ad proximam Generalem Sessionem Pacis pro Com. praedict tenend apud L. in Com. praedict c. Dat. CHAP. XXV The Form of Releases by Justices of the Peace c. The Forms of the Release of a Justice of the Peace EGO praefat L. D. qui supra nominatum A. B. ad praed Securitat Pacis inveniend ex mea Discretione compuli eandem securitat Pacis quantum in me est ex mea Discretione primo die Decembris c. remisi relaxavi In cujus rei Testimon huic praesenti relaxationi meae sigillum meum apposui Dat. Die Anno superdictis The Form of the Release of a Party before the same Justice that took it Ebor. Memorand quod Decimo Die Novembris c. praefat L. K. venit coram me R. G. Gratis remisit relaxavit quantum in se est praedict securitat pacis per ipsum coram me versus supra nominatum B. A. petitam In cujus rei Testimon ego praefat R. G. sigillum meum apposui Dat. c. ☞ Note that these two Releases are to be written under the Recognizance it self and if the Justice shall only Subscribe his Name without his Seal it is sufficient especially where the Recognizance is not Sealed Or the Release of the Party may be by it self in this Form Cantab. Memorand quod D. C. de S. in compraedict Yeoman Vicesimo Die Decembris Anno Regni Dom. nostri c. venit coram me B. I. Armig. uno Justic dicti Dom. Regis ad Pacem in Com. praedict conservand assign apud W. in com praed ibi remisit gratis relaxavit W. L. de S. in Com. praed Labourer Securitatem pacis per ipsum D. C. versus dictum W. L. coram me petitam Dat. Die Anno supradictis And if the Release be made before another Justice who took not or hath not the Recognizance it may be thus Memorand quod D C. de S. in com praedict Yeoman Vicesimo Die Decembris venit coram me D. N. Armig. uno Justic dicti Dom. Regis ad Pacem in com praed conservand assign apud S. in com praedict Securitatem Pacis quam habet versus I. D. de V. c. penitus Remisit relaxavit Dat. Die Anno
of them or against the Owner of the Goods in case any after the Distress have been found to come to his Use or Possession by such means But note that in case any such Distress or Sale as aforesaid shall be made by Virtue or Colour of this Act for Rent pretended to be Arrear and due when in truth there is no Rent in Arrear or due to the person or persons Distraining or to him or them in whose Name or Names or Right such Distress shall be taken as aforesaid his Executors and Administrators shall and may by Action of Trespass upon the Case to be brought against the person or persons so Distraining or either of them his or their Executors or Administrators recover double the Value of the Goods and Chattels so Distrained and Sold as likewise full Costs of Suit Note that Hay Corn or any Grain are not to be hastily or wastfully removed from the Premises before due Appraisement and Sale to the damage of the Owner in scattering or wasting it c. CHAP. LXII What relates to the Office of a Constable in providing Carriages for the King c. ACcording to the Statute of 1 Jacobi 2. In this Case the Clerk or chief Officer of His Majesty's Carriages shall 3 Days before His Majesty's Arrival give notice to the Neighbouring Justices two or more of them by Warrant from the Green-cloth to provide such a number of able Carriages as shall be requisite for the Service to be drawn by 4 able Horses or six Oxen or four Oxen and two Horses to meet and be ready at the Time appointed to Load without delay and for so Loading they are to receive in Hand after the rate of Six-pence a Mile and not to be compelled to go above a Days Journey from their Habitations and the Carriages Summoned to give their Attendance on Default being Convicted of Neglect or Refusal by the Oath of the Constable or other Officer or two other credible Witnesses before the said Justices of Peace of the County or Mayor or other Chief Officers of the City or Corporation where he or they so neglecting inhabit and who have a Power to tender the said Oath the party so neglecting or refusing shall forfeit the Summ of Forty Shilling to the King's Use forthwith to be levied by Distress and Sale of Goods the Over plus if any be to be returned to the Owner and this to be done by Warrant from the said Justice of Peace Mayor or other Officer and in Case any Justice Constable or any other Officer shall take any Gift or Reward to excuse any person from this Service or shall injuriously charge or grieve any person through Hatred Envy or Evil Will who ought not to make such Carriage or Impress more Carriages than shall be directed by Warrant of the Green Cloth upon Proof and Conviction thereof the Party so offending shall forfeit the Sum of Ten Pound to the Party grieved or to any other who shall sue for the same to be recovered by Action of Debt in any of the King's Courts of Record wherein no Essoign Protection or Wager of Law shall be allowed and if any Person or Persons shall Impress any Horses Oxen Cart Wain or Carriages for the King's Service other than such as are lawfully impowered he or they so offending upon due Proof and Conviction shall incur and suffer the Punishments contained in the Act of 12 Car. 2. All High Constables Mayors Bayliffs and other Officers who warn the said Carriages or whose Duty it is so to do must make a Return in Writing to the Clerk or other Officer of the Carriages of the Names and Places of Abode of every such Person who is so warned to bring in his Cart or Carriage so that the Defaulters may be known and the said Officers appointed by the Act to warn them may be Discharged and Indemnified and the Defaulters punished as aforesaid CHAP. LXIII The Office and Duty of a Constable relating to the King's Game Fishery Excise and Custom UPon a Warrant directed to a Constable Headborough c. under the Hands and Seals of two or more Justices of the Peace the Constable c. may search suspected Houses for Setting-Dogs Nets and other Tackle for taking Pheasants Partridges and other the King's Game and destroy them so found but in Case they have Free Warren or are Lords of the Mannour or are Freeholders of Forty Pounds per Annum or more of Estate of Inheritance or Eighty Pounds per Annum for Term of Life or be worth in Goods 400 l. they are exempted from this Seizure As to the Constables Office relating to Fishery he may by Warrant under the Hand and Seal of a Justice of Peace apprehend such as destroy the Spawn or Fry of Fish along the Sea-shore or in any Creek or Haven or within five Miles of the Mouth of either of them or such as fish with unlawful Nets to destroy the young Fry the Meshes of their Nets not being 3 Inches and a half between Knot and Knot for which Default they are to pay 10 Shillings to be levied by Distress and Sale of Goods the Overplus to be returned to the Owner if any remain 3 Jacobi 1. Chap. 12. Wingate's Abridg Title Fish Fishers Fishing And for the Encouragement of the English Fishery if any Herrings Ling Cod or Pilchards Fresh or Salt Dry or Bloated or any Eels or Congers or Salmon he â—â—ought in and uttered to Sale by Foreigners it may be lawful for the Constable Headborough c. or any other Person to seize them the one half to the poor of the Parish and the other half to the use of him that seizes and if any one shall refuse to assist a Constable or other Officer hereto impowered on this occasion being commanded so to assist him in the King's Name he upon complaint and Proof of such contempt lies liable to be prisoned and fined at the Discretion of the Justice before whom he shall be convicted 18 Caroli 2. Chap. 2. As to the Duty of a Constable relating to the Excise note that he is to be aiding and assisting when required to the Gaugers and Under-Officers employed therein and to go with them in the Night time to such Houses where any Liquors are to be gauged They are moreo-to levy Forfeitures where a Conviction is made before the Justices or Commissioners of any Concealment Fraud or the like thereupon by Warrant for that purpose directed to make Distress and Sale of the Offenders Goods and to render the Overplus if any be to the Owner and for want of such Distress to carry the Party so offending upon commitment to Goal there to remain till there be Satisfaction made and upon Warrant directed to a Constable from the Commissioners he is to summon all Alehouse-keepers within his Division at such Days and Places as shall be appointed in the said Warrant from time to time c. As to what concerns the Constables Office relating to Customs
Common Pleas. Dy. Dyer sometimes Lord Chief Justice of the Common Pleas. Dr. certain Directions or Resolutions of the Judges of Assize Anno 1643. Co. Sr. Edward Coke sometimes Ld. Chief Justice of the King's Bench viz. his Book of Reports Co Lit. Sr. Edw. Coke's first part of his Institutes upon Littleton Fi. M. Hen. Finch Apprentice del Ley. P. Pl. Plow Mr. Plowden's Commentaries Ras. or Rast Rastals Abridgment oâ— the Statutes Lib. Intr. The Book of Entries Cr. Cro. or Crom. Cromptons Justicâ— of the Peace P. Po. or Pol. Mr. Polton's Abridgâ—ment of the Statutes P. R. Mr. Polton deâ— pace Regis B. A. Sr. Francis Bacon his Elementâ— of the common Law B. A. V. his use oâ— the Law Resol of the Judges Resolution of the Judges of Assize Anno 1633. to certain Queries Wing Wingates Abridgment of the Statutes As for the Statutes cited I conclude they are easy to be directed to by what is set down from the Names of the Kings and Queens as 2 R. 2. the Second of Richard the second 6 Hen. 7. the sixth of Henry the 7. P. M. Philip and Mary El. or Eliz. Queen Elizabeth Jâ—c or Jacobi I. King James the first and so of others For where there have been more Kings of a Name than one the figure is set down to distinguish that King in what Reign the Statute was made from the rest as Edw. 1. Edw. 2. Edw. 3. Edw. 4. The Experienced Justice of Peace In Respect to his Power in and out of Sessions in many Cases of great Importance useful for Justices their Clerks and others CHAP. I. The Antiquity of a Justice of the Peace his Power and what he may do the Execution of his Office in many material Cases THE Power of a Justice of the Peace is very great and is a main Propp and Pillar of good Government in taking Care to prevent and Punish Offences whereby the Peace is Conserved and Men maintained in their Rights and the Possessions of their Goods and Chattels c. peaceably whereas were there not such Over-awing Magistrates Offenders would be Imboldened to make more frequent Depredations and Strength and Violence would seize upon what the Weaker could no ways defend against them were not the Law by this means very much their Aid and Safeguard This Office is of great Antiquity and has all along held up a venerable Esteem and Good-liking among the People who find great Advantage and Benefit by those so Commissioned being usually Men of Estates Discreet and Judicious capable of discerning Truth from Falsehood and to relieve the Injured and restrain Oppressors to punish Criminals and Discharge the Innocent and Faultless Justices of the Peace were Created 1 Ed. 3. Chap. 15. Dalt 6. Lamb. 10. But they were first named so by 36 Edw. 3. Chap. 12. A Justice of the Peace is a Judge of Record from whence called Justices and before 1 Ed. 3. they were called Conservators 3. Cro. 29 c. He may take Recognizance of Peace which none can do but a Judge of Record Lam. 186. Dalt 8. Crompt 196. a Num. 1. He is called Commissioner of the Peace by reason he is Authorized by the King's Commission so Custos Pacis or Keeper of the Peace the same with Justiciarius Pacis or Justice of the Peace And the Constitution of Justices of Peace is Inherent and Inseparable from the Crown Stat. 27. Hen. 8. And this Power cannot be Transferred 20 H. 7. His Warrant is not to be disputed by the Constable for any thing wherein he hath Jurisdiction of the Cause Dalt 8. Cap. 147. 6. c. In some Cases the Testimony of a Justice of the Peace is of as great Force and in some Cases greater than an Indictment of 12 Men upon Oath viz. In Case of Presentments of Highways Force Riot Dalt 9. Lamb. 65. A Justice of the Peace being Assaulted may Commit the Party so offending to prison Dalt 371. Lamb. 134. Crompt 68. a. If a Justice see one about to make an Affray and charge him to keep the Peace and he answers he will not he may bind him to his good Behaviour Dalt 294. A Justice of the Peace must proceed by Prescript of the Statute and Commission Dalt 22. Where the Statute referre to the Tryal to the Justice's Discretion it seemeth he may examin upon Oath Dalt 20. Every Justice of the Peace is a proper Conservator of Rivers within his County Lamb. 189. And Justices of the Peace at Sessions are of equal Authority Lamb. 385 c. Vide Crompt 122. a Nu. 33. If a Felon be brought before a Justice of the Peace upon suspicion though it appear to the Justice he be not guilty nevertheless he may not be set at Liberty but so that he may come to his Tryal Lamb. 233. Dalt 389. Cro. 40. b. Nu. 20. Otherways it will prove a voluntary Escape in the Justice for he is not to be delivered by any Man's Discretion Dalt 8. Lamb. 223. CHAP. II. What may be done by a Justice of Peace Ex Officio c. HE may Record a Demurrer upon Evidence Lamb. 539. He may give Day to the Party to bring in Records which is before other Justices which is Pleaded by way of Justification Lamb. 539. In Absence of the King's Attorney a Justice of the Peace may take Issue with one that Pleadeth a Pardon that he is one of the Parties Excepted Lamb. 540. A Justice of the Peace may take Money for the Security of the Peace in deposito where Bail cannot be procured and which upon the Party so depositing the Money breaking the Peace shall be forfeited to the King Just Berkley 1 Cro. 446. If upon supposing an Indictment to be void the Justices have discharged the Prisoner paying his Fees yet upon change of their Opinion they may stay him any time before Judgment Lamb. 540. Justices of the Peace may inquire of all manner of Felonies at the Common Law or given by any Statute and of all manner of Trespasses against the King's Peace and such Trespasses wherein Actions of the Case will lye for Trespasses or Deceit and in the end of the Writ grounded upon the Case It is contained Contra Pacem nostram Crompt 8. a. Num. 25. Defaults against the Statute of 3 Hen. 6. Chap. 11. For Levying of Wages for Knights of the Shire are to be heard and determined by Inquiry for the King or Action for the Party before the Justice of Peace Lamb. 512. A Justice of the Peace has no need to shew his Commission by which he is made Justice of Peace when he Justifieth the doing of any thing as a Justice for he is Justice of Record and the Commission remaineth with the custos Rotulorum of the same County and he is called by Commission in open Assize or Sessions Crompt 120. b. Nu. 13. Lamb. 387. A Justice of Peace may have his Action of the Case against the Party that calleth him false Justice of the Peace it also
seemeth that he may be Indicted for they may inquire of all Trespasses where a Man may have his Action of the Case Crompt 121. a Num. 21 and 122. a Num. 29. A Justice of the Peace Certifying into the King's-bench that such a one broke the Peace in his Presence the Party shall be put to his Fine without a Traverse to the same Cromp. 132. a. A Justice of the Peace who is of the Quorum ought to be Resident in the County where he is a Justice of the Quorum 2 Hen. 5. Chap. 4. Cromp. 122. a. Num. 32. The Justices at Newgate sit by Virtue of 2 Commissions Goal Delivery and Oyer and Terminer 4 Eliz. Chap. 2. And where the same Persons are Justices of Goal Delivery and Oyer c. They may sit the same Day and Place and inquire by the same Jury yet the Entry of the Records must be several as the Indictment is Dalt 168. A Justice of the Peace commandeth one by his Precept under Penalty of 10 l. to be at the Quarter Sessions next ensuing it and he appeareth not no Scire Facias shall go forth more than if there had been a Subpoena however it seemeth he shall be Attached to be at the next Sessions upon Contempt Cromp. 123. a. Num. 9. CHAP. III. What one Justice of Peace may do by Power and Virtue of his Commission without requiring to be joyned with another or more in Acting in what relates to his Office HE may cause all such as are fit to Work in Harvest or Hay-time and after Licence them to go unto any other County He may Rate the Prizes of deceitful Malt to be sold by 2 Edw. 6. 10. He may compel one fit in his Discretion to be bound Apprentice by 5 Eliz. 4. He may it seems give Directions to Watchmen Keepers and Searchers of infected Persons Crompt 126. b. He may cause to be Whipped Trespassers in Orchards Corn Hedges or Woods not able to give any Satisfaction And it seems he may hear and determine by Examination or otherways by his Discretion the Offences committed in Tile-making One Justice of Peace may command Vagrant Persons to Prison if they will not serve He may upon his View of forceable detainer Record it by 15 Rich. 2. Chap. 2. Dalt 81 82. He may Punish Deceit in Cloth by Tenters c. He may cause High-ways to Markets to be enlarged and cleansed of Trees and Bushes 13 Edw. 1. Chap. 5. He may Punish Keepers of Places for unlawful Games and the Players at those Games He may Punish Prophane Swearing in his Presence made out by Testimony or Conviction by the Party 's own Confession He may Punish Offences in Watermen and Transporters of Corn. He may Punish Defaults of Collectors of Sheriffs Amercements and of Bayliffs of the Hundreds Soldiers that Purloin their Horse or Harness He may prevent a Riot stay it and Commit them that are concerned in Acting of it One Justice of the Peace upon Complaint may Commit till the Assizes or Sessions any Popish Recusant Convicted above 18 Years of Age under the Degree of a Baron so for refusing the Oath of Allegiance 7 Jacobi 1. Chap. 6. He may cause to be set in the Pillory in the next Market-town Persons Convicted of Breaking the Assize of Fuel and not able to pay the Forfeiture with a Billet or Faggot bound to his Body 7 Edw. 6. C. 7. Quaere whether one alone can Commit him He may cause an Unlicensed Ale-house-man openly to be Whipped after Conviction where there is no sufficient Distress to pay the Penalties 3 Caroli 1. 3. He may upon View or Proof by two Witnesses Warrant the Levying 20 l. Forfeiture for an Unlicensed Ale-house to be given to the Poor One Justice may demand the Peace against an other Man Lamb. 81. And he may Punish Persons going or riding Armed contrary to the Statute of 2 Edw. 3. A Justice may inquire of Felo de se hid or cast into the Sea where the Coroner cannot have the View of the Body 3 Inst 55. And he may send Writs for Fugitive Labourers by 2 H. 5. C. 4. St. 1. He may take an Information out of the County against an Offender in the County 1 Cro. 213 So a Recognizance to Prosecute by Assent of the Parties out of the County but cannot use Coercive Power Ibid. A Justice of the Peace Inhabiting in the Hundred where one was Robbed may if he be at York or London take the Party's Oath being but an Examination and no Act of Jurisdiction A Justice of Peace in London ought to send Felons to the Common Goal not to the Counters 1 Co. 120. He may take an Indictment of Barretry without a special Commission 2 Cro. 32. A Justice in open Court may alter the Panel or a Jury Sworn only for the King 2 Co. 59. One Justice of the Peace is sufficient to certify carrying of Corn from one Place to another to sell against the Statute of Fore-stalling joyned with the Customer He may Bind a Cheater to his good Behaviour c. Dalt 63. 7 Jacobi 1. He may Convict of Drunkenness by 12 Jacobi 1. C. 7. He may Seize the Goods of Gipseys within a Month after their Arrival c. By the 22 Hen. 8. C. 10. He may Record a Riot in his View and Commit the Rioters or bind them to their good Behaviour but single or alone proceed no further Dalt 195. He may punish Spoilers of Fish-ponds and cause their Nets to be cut and burnt 17 Rich. 2. He may take the Claim of a Horse Stolen 31 Eliz. 12. He may Examine and Bind over unlawful Hunters in the Night time c. 1 Hen. 7. C. 7. The like of taking or killing Conies in the Night-time 22 23 Caroli 1. He may compel a Vintner to draw a Man Wine who demands it and offers Payment 24 Hen. 8. Dalt 242. He may Convict of the Breach of the Lord's day against Stat. 29 Caroli 2. And may allow of Cause for Travelling in a Boat on the Lord's-day according to the said Statute CHAP. IV. The Power of two Justices of the Peace Acting joyntly within the Compass of their Jurisdiction by Virtue of their Commission and Office c. TWO Justices of the Peace upon View of a Riot or Rout may Record the same and with the Sheriff or under Sheriff 13 Hen. 4. C. 7. Crompt 16. Num. 9. to inquire by a Jury and fine the Rioters Dalt 195. Quaere Two Justices on Complaint that a Servant departed before his Term ended c. Are to Examine and Commit if they see Cause See more of Labourers and Servants of a Constable c. They may Bind one to the Quarter-Sessions to Answer his Offence against a Penal-law Lamb. 187. Vide Dalt They may Allow and discharge an Ale-house-keeper at Discretion There must be two Justices of the Peace for appointing Overseers for Woolen-cloth for a Year c. So to convene Persons fit to discover any Offence in the
Wrongs CHAP. VII What Six Justices of the Peace Conjunct in the Execution of their Office may do c. SIX Justices one being of the Quorum may Execute the Laws of Commissioners of the Sewers Dalt 219. They may appoint a Common-goal for the Sheriff to have the Custody of it 13 Hen. 8. Six Justices in Commission of the Peace with the Justices of Assize by 12 Rich. 2. C. 1. Eight Justices of the Peace beside the Lords by 14 Rich. 2. c. 11. So two Lawyers in every County 18 Edw. 3. c. 2. The greatest part of the Justices of the Peace to order the House of Correction in every County The greatest part to Tax other Parishes for the Poor where there is an Insufficiency in the Parish or Hundred 43 Eliz. c. 2. So to employ the Overplus of the Maimed Soldiers Stock to the Use of the Poor 43 Eliz. c. 3. And to Tax for the Relief of Maimed Soldiers So to Accounts of Treasurers for Maimed Soldiers 43 Eliz. c. 3. CHAP. VIII What is to be considered and meant by the next Justice in a County c. THE next Justice may License Mariners to Beg having been Shipwracked 39 Eliz. c. 4. Lamb. 303. Dalt 209 227. Where the Statute ordereth the Justice most nigh to do Execution c. As in 13 Hen. 4. Of Riots under the Penalty of 100 l. for Forfeiture he is excused if another Justice not next do the Office He may chuse Fishermen to be Mariners by the King's Commission 5 Eliz. c. 5. Lamb. 359. Dalt 139. The next Justice is to send a Prisoner to a Work-house c. 30 Caroli 2. CHAP. IX Of certain Forfeitures by Statute given to 8 Justices of the Peace FOR every Day he sits upon the Statute of Labourers not exceeding 3 Days 5 s. So the Mayor or Head Officer in Corporatins c. Out of the Fines arising on the Stat. c. For every Day which Sessions is kept which may be 3 Days they shall have out of the Fines coming to the Sheriffs Hands by reason of the Sessions 4 s. and their Clerk 2 s. Two Justices of the Peace shall have a part of defective Cloth Seized and Forfeited 5 Edw. 6. Lam. 359. Justices who examine Offences of Deer-Hays and Buck-stalls shall have the tenth part of Forfeiture 19 Hen. 7. c. 11. CHAP. X. The Fees of Justices of the Peace or such as they ought to take in the following Cases according to Crompt 176. a. and Dalt 78. FOR a Recognizance of the Peace 2 s. For a Recognizance to Bail a Prisoner 2 s. For a Supersedeas of the Peace 2 s. For a Warrant of the Peace Sealed 2 s. For a Release of the Peace 2 s. For a Warrant not of the Peace 4 d. For a Recognizance of an Ale-house-keeper 12 d. For the Inrolment of a Deed the Land not exceeding 40 s. per Annum To the Justice one Shilling and to his Clerk one Shilling But if the Land exceed 40 s. then 2 s. 6 d. to the Justice and the like to his Clerk CHAP. XI Where a Justice of the Peace lies liable to be Fined for Neglecting or Transgressing in his Office or Duty c. IN the Case of Bailing one not Bailable and refusing to Bail one Bailable and Detaining him he lies liable to a Fine and to pay double to the Prisoner 3 Edw. 1. C. 15. 23 Hen. 6. C. 10. In the Statute against Riots if he does not Execute it he is Finable 100 l. 13 Hen. 4. So in that of forcible Entry 10 l. 8 Hen. 6. In neglecting to take Order about a House of Correction 5 l. to go towards the building it 1 Jacobi 1. C. 4. Exercising his Office before the Oath taken Dalt 14. For not being present at the Annual Tax of Servants Wages 10 l. 5 Eliz. c. 4. If a Justice of the Peace does not in 40 Days certifie unto the King's-bench Presentments of Extolling the Pope's Power he forfeits 100 l. 5 Eliz. C. 1. For Imbeseling wilfully Raising maliciously Inroling an Indictment not found changing an Indictment of Trespass into Felony is Fine and Imprisonment and loss of Office Lam. 631. CHAP. XII Where a Justice of the Peace lies liable to Punishment HE may be Imprisoned for taking Bond in his own Name and not in Domino Regi the Matter concerning the King 33 H. 8. C. 9. For Conspiring with another to Indict a Stranger at the Sessions otherwise as a thing done by him as Judge Crompt 122. a. Num. 32. Where a Justice fails to do Justice he may be put out of Commission and Punished 4 Hen. 7. C. 12. Crompt 120. H. Num. 6. Lam. 370. So for refusing to take Surety for the Peace when it is Tendred Vide Crompt Jurisdiction of Courts 31 B. For Embeseling and Rasing Records he forfeits his Office and may be Fined Vide antea CHAP. XIII Some Directions in making out or granting Warrants by a Justice of the Peace and how to be Executed A Warrant in Writing must be under the Justices Hand and Seal his Hand at least Dalt 460. Lamb. 85. 88. However it is better if it be Sealed as the usual way is Dalt 460. A Warrant of the Peace or good Behaviour must contain the special Matter Dalt 460. Lamb. 87. A Warrant for Treason Murder or such like capital Offence need not contain the special Matter or Cause Dalt 160. Crompt 148. a. If a Justice of the Peace being out of the County Grants his Warrant to be served in the County the Officer making the Arrrest must carry the Party before some Justice of the Peace within the County Lamb. 91. Dalt 461. A Justice of the Peace may make his Warrant to come before himself yet in a Warrant for the Peace the usual manner is otherways Co. 5. 59. Dalt 461. Upon a General Warrant an Officer may chuse to go before what Justice he pleases Dalt 49. 5. Co. 59. B. If a Justice of the Peace make a Warrant beyond his Authority it is not disputable by a Constable or other Officer but must be obeyed unless it be to do a thing out of the Justices Jurisdiction in a Cause where there is no Judge for if in this latter Case the Officer Execute the Warrant he is punishable Dalt 8. 465. Lamb. 65. Crompt 147. B. Lamb. 91 92. Dalt 865. A Warrant directed to two joyntly to Arrest a Party he may be Arrested by either of them A Warrant made in the King's Name ought to be made to all Ministers as well within Liberties as without Dalt 355. Warrants may be made either 1. in the Name of the King or 2. in the Name of the Justice and either of them must be testified by the Justice from whom they Issue or 3. without stile by Superscription of the Justice Dalt 385. See more of Warrants in the Office of Constable in this Book and how they are to be Executed Sessions held by one Justice of the Peace is not good though
it 898. and is held to appoint the first High and Petty Constables in England which Offices have ever since continued in good Esteem nay the Saxon Word makes the Antiquity of Constables plain in Etymology The Saxon being Coning or Cyng and Staple or Stable which signifies a Stay or Prop to the King that is to the Government in laying Hands on Offenders and bringing them to Justice and though the High Constable of England's Office usually a Noble Man appointed by the King is ceased yet the High Constables of Hundreds in a great measure retain and hold up the Power as to what concerns the Civil Government and these are chosen most usually in each County by the Justices in their General Quarter Sessions or their respective Divisions for they have Power to give them Authority and to discharge them of their Office as they shall see cause The High Constable is as it were Overseer or Director of the Petty Constables Headboroughs or Tything-men which are chosen under him in the respective Towns Villages or Precincts within his Hundred or such Franchises as are under his Jurisdiction by the consent of the Inhabitants or the Majority of them and their Duty it is to execute the High Constables Office in his Absence in keeping the Peace and good Order in their respective Limits and upon the High Constables Order to be aiding and assisting to him so far as concerns his Office And now since both these are necessarily Sworn upon entring on their respective Offices it will be requisite for the better understanding of what they undertake by entring on so weighty a Trust to set down the Form of their respective Oaths before the Justices c. The Oath to be taken by a High Constable You shall swear that you shall well and truly serve our Sovereign Lord the King in the office of a Constable you shall see and cause his Majestys Peace to be well and truly kept and preserved so far as in your Power lyeth you shall Arrest all such Persons as in your sight or presence shall Ride or go Armed offensively or shall commit or make any Riot Affray or any other Breach of his Majestys Peace you shall do your best Endeavour upon complaint to you made to apprehend all Felons Barretors and Rioters or Persons Riotously assembled and if any such Offenders shall make resistance with force you shall Levy Hue and Cry and shall pursue them till they be taken you shall do your best endeavour that the Watch in and about your Hundred be duly kept for the apprehending Vagabonds Rogues Night-walkers Eves-droppers Scouts and other suspected Persons and of such as go Armed and the like and that Hue and Cry be duly rais'd pursued according to the Statute of Winchester against Murtherers Thieves and other Felons and that the Statutes made for Rogues Vagabonds and such other idle Persons as come within your Bounds and Limits be duly put in Execution you shall have a watchful Eye upon such Persons as shall maintain or keep any Common House or Place where any unlawful Gamâ— is or shall be used as also to such as shall frequent or use such Places or shall use or exerâ—c se any unlawful Games there or elsewhere contrary to the Statutes At your Sessions Aâ— size or Leets you shall present all and every the Offences done contrary to the Statutes of the 1.4 and 21 of James the first to restrain the inordinate haunting and tipling in Inns Ale-houses and other Victualling Houses and for the repressing Drunkeness you shall there likewise true presentment make of all Blood-sheddings Affrays Outcries Rescous and other Offences committed or done against the Kings Majestys Peace within your Limits you shall once every Year during your Office present at the Quarter Sessions all Popish Recusants within your Liberty and their Children above Nine Years Old and their Servants viz. their Monthly Absence from the Church 3 Jacobi 1. Chap. 4. You shall well and duly execute all Precepts and Warrants to you directed from the Justices of the Peace of the County or Superior Officers you shall be aiding to your Neighbours against unlawful purveyances In time of Hay or Corn Harvest upon request you shall cause all Persons meet to serve by the day for the Mowing Reaping or getting in of Corn and Hay you shall in Easter Week cause your Parishoners to chuse your Surveyors for the mending the High Ways in your Parish or Liberty and you shall well and duly according to your Knowledge Power and Ability do and execute all other things belonging to the Office and Duty of a Constable so long as you shall continue in the said Office By this Tenor of an Oath a Constable may gain a considerable Light into what he is to do in the Management and Execution of his Office being as it were an Epitome of what I shall hereafter set down more intelligibly and plainly to be understood But this Oath is often administred in Abstract to a Petty Constable Tything-man c. So that what I now recite suffices The Petty Constable c. his Oath You shall swear that you well and truly execute the Office of a Tything-man of the Tything of B. or Headborough c. his Majesties Peace in your Person you shall keep and see it kept in others as much in you lyeth in the Presence of the High Constable you shall be aiding and assisting to him and in his Absence you shall execute his Office according to your Power and Knowledge till an other be chosen in your Place or you be Legally Discharged So help you God The High Constables in their respective Hundreds are Conservators of the Peace at Common Law as are the Petty Constables in their respective Towns and Liberties and have a large Power to back and support them in the Execution of their Office if they proceed within the Bounds of it for it is so ordered that if an Action be brought against a Constable Headborough c. or their Assistants for any thing done by reason of their respective Offices they may plead the General Issue and give the special matter in Evidence 7 Jac. 1. Chap. 5. 21 Jac. 1. Chap. 22. Wingate's Abridg. Stat. Tit. Evidence c. And if it so happen any Action be brought against one or more of them it is so provided that it shall be layed in the County where the Fact commenced and if the Verdict pass for the Defendant he is to have double Costs and this to be recovered as other Defendants recover their Costs by 7 Jacobi 1. Chap. 5. 21 Jacobi Chap. 1â— Windg Abridg. Stat. Tit. Evidence For indeed a Constable Legally chosen is compelled to serve the Office being a fit Man able of Body and in Substance and it would go hard if for every trivial slip he should run the risk of being Ruined by Vexatious Suits for if a Constable c. Legally Elected to the Office do refuse to serve and take the Oath unless
a Quaker and then according to the late Statute for taking the Oaths c. his Affirmation will hold good in lieu of an Oath he may be bound over by the Justices to the next Sessions or Assize and there Prosecuted for a Contempt But passing over these I now come to direct the Constable c. in the more material Parts of his Office wherein he may readily order and manage his Affairs in d scharge of his Duty without running into Inconveniences or Hazards that may being Trouble and Charges upon him for whatever the Fancy of some is a Constable is no more a Priviledged Man than any other where he exceeds the Bounds of his Office in unaccountable Actions And the first Particular I shall offer is his Duty in Serving of Warrants directed to him by Justices in Commission for the Peace or other Magistrates having Power to grant Warrants and how far he may be safe in this and where he may err CHAP. XLIII The Office and Duty of a Constable Headborough c. in Serving or Executing Warrants directed to him by Justices in Commission for the Peace c. IF a Warrant be brought to a Constable or other Sworn Officer his safest way is to Charge the Party making the Plaine to Assist him in the King's Name and shew him the Party or Parties mentioned in the Warrant unless himself be well acquainted with him or them lest a Mistake by the Names agreeing may run him into an Error in taking the wrong Party and if he be a Sworn known Officer he may refuse to shew his Warrant but must declare to the Party he goes to Arrest what is therein charged against him but it is otherwise where a Warrant is given to be served by one who is not a known Sworn Officer as a Justices Servant c. For there upon demand he must produce the Warrant or the Party on whom it is Served may refuse to Obey and Lawfully Resist If a Constable Arrest a Man or Woman in the Kings Name pretending he has a Warrant and at that time has none but presently goes and gets one the Party may bring an Action of false Imprisonment against him and recover such Damages with Cost as shall be Awarded Coke 6.69 If a Constable have a Warrant against A. B. the Son of L. B. and he takes into his Custody A. B. the Son of R. B. though he happen to be the Offender against whom the Complaint was made yet he goes from his Warrant and doing thereby an unjustifiable Action there lies an Action of false Imprisonment against him 10 E. 4. Fol. 12. If a Constable Arrests a Man with a Warrant from a Justice of the Peace and having him in Custody takes his Word to come again another time by his so dismissing him the Warrant is void and cannot be Served again But if a Rescue be made or the Prisoner Escapes without the Officer's Consent then upon fresh Pursuit he may take him with the same Warrant as often as he is Rescued or Escapes and may pursue him into another Town or County though he be out of sight C ompt 214. a. and 184. Cro. 53 114. If a Justice send a Warrant for a Matter wherein he hath Jurisdiction though he goes beyond his Authority yet the Officer is bound to obey it and his producing his Warrant saves him harmless the Justice being then to answer for it but on the contrary if a Justice Issues out a Warrant for a Matter out of his Jurisdiction where he is no Judge of the Cause the Constable is not bound to Obey it for he is bound to take notice of the Jurisdiction and Authority of the Judge and where the Justice as is said can be no Judge of the Matter charged in the Warrant he is no more bound to Obey him than if he had no Commission 14 H. 8. Co. 10. â—6 If a Warrant be directed to an Officer to serve on a Person for ordinary Matters the Warrant not specifying the Cause but only to answer to all such Matters as shall be objected against him or her this is held to be an illegal Warrant and the Officer that Executes it lies liable to an Action of false Imprisonment Cook 's Institutes part 4. Tit. de Frangent Prison However for Reason of State Warrants for Treason or such as are Granted by the Lords of the Privy Council Secretaries of State or the Lord Chief Justice of England these need not set forth the Cause by reason they are usually granted on Matters of great Importance where Secrecy is required If any Party be taken by a Legal Warrant and make Resistance the Constable in the King's Name may command Assistance and if the Resisting Party be Beaten or Wounded the Amends is in his own Hand for Opposing the King's Authority but if the Constable or any of his Assistants be Beaten or Wounded the Party is Indictable as likewise liable to an Action at Common-law and if any of them Die of the Beating and Wounds within 12 Months it is Murther Persons refusing to assist a known Sworn Officer charging them in the King's Name lye liable to be bound over to the Sessions and Fined at the Discretion of the Justices and the like for those that shall contemn or abuse a Justices Warrant by tearing treading under Foot or any way defacing it c. over and above being bound to the good Behaviour for it is a Contempt against the King's Process Crompt 144. CHAP. XLIV The Office of a Constable c. How it ought to be executed relating to Affrays c. IF a Constable be present at an Affray he may command the standers by in the King's Name to assist him in keeping the Peace and upon Complaint of the Constable the Inquest may Indict the Party refusing and be F ned by the Justices at their Sessions for refusing to do his Duty If a Constable or other such like Officer be present when one Man or Woman Assaults another or with violent Words threatens to beat or kill any one and be in a fury ready to break the Peace In such case the Constable Headborough c. may commit the Offenders to the Stocks or some other safe place of Custody till he can carry them before a Justice who may upon Complaint compel them to find Sureties for the Peace or good Behaviour and for want of such Sureties commit them to Prison 3 Hen. 4 9 and 10. Bacon's use of the Law c. Where any Affray is like to be the Constable in the King's Name may command them to depart on Pain of Imprisonment and if they refuse he may take them into Custody or Indict such as refuse if any harm be done at the next Sessions and if a Constable be present at an Affray and does not his Endeavour to prevent it and seize the Offenders he lies liable upon a Presentment of the Jury to be Fined Dalton's Justice of the Peace c. 1. Fol. 4. 5. A
mean time he die or be changed the Suit shall not fall or abate and when so recovered it is to be levied on the Inhabitants by way of Tax as the former 27 Eliz. Chap. 13. If any one of the Robbers be apprehended and brought to Justice and Convicted it saves the Hundred their Mony because it is looked on they have regard to watching the Roads for the secure Travelling of Passengers Also when the Action is not brought within one Year after the Robbery committed The Robbery must be committed in the King 's High Way between Sun-rise and Sun-set and Oath made of it with the Summ lost before the next Justice of the Peace with all convenient speed The Hue and Cry thereupon issued out must be made with Horse and Foot or else it is held illegal Bracton Book 3. Folio 121. Dalton Just P. Fol. 133. Who so goes not Armed and fitly prepared at the Command of the Sheriff or Constable when the Hue and Cry is issued out to Arrest the Robbers or Felons after attainder may be severely Fined and Imprisoned Westm 1. Chap. 9. Cook second part of Institutes Folio 172. CHAP. XLVII The Constables Office c In what more particularly Relating to the Conservation of the Peace THough a Constable may do his Endeavour to keep the Peace yet if it be broken he cannot take Surety for it at the request of any one H. 7. Fol. 18. Before a Warrant of the Peace be served the Constable or other Officer ought to acquaint the Party with it and charge him in the Kings Name to go along with him to put in Sureties if required and if he refuse so to do then to compel him to do it and if it be an unseasonable time that the Justices be in Bed or not to be found he may secure him under a Guard or in Prison if he will be so Rigorous till he can convey him before a Justice and is not bound to run up and down from place to place with him nor lose his time in staying till the Prisoner can send for Sureties 〈◊〉 may immediately carry him before what Justice he pleases and not submit it to the Prisoners Election nor to that of the Party that makes the Complaint unless the Warrant be special of which particular I shall speak more fully in an other place If a Constable have a Warrant of the Peace against a Person to find Sureties where the matter is palpable the Party having notice of it may supersede it by putting in Surety before another Justice to answer the Complaint the next Sessions and then if that Justice being of the same County send a Supersedeas to the Officer to discharge further Surety and he notwithstanding Arrest the Party to find Surety or Imprison him he may bring his Action of false Imprisonment against the said Constable or for the like contempt of the Officer upon a Supersedeas out of Chancery or the Kings-Bench for a Supersedeas is a Discharge of the former Warrant Dalt Just P. Chap. 69 Folio 158. Upon Notice given to a Constable or other Peace Officer or if it be upon his or their own Knowledge that a Man or Woman Adulterously cohabit together or live in Fornication being of Evil Report he may search any suspected House for them wherein he is informed or knows they are in the Night time and there apprehend them and carry them before a Magistrate to find Sureties for their good Behaviour 13 H. 7. 10. Dalt Just P. Chap. 75. Folio 189. If any one abuse or affront a Constable in the Execution of his Office either by Word or Action he may have him bound over to the good Behaviour for such his Offence and Fined before the Justices in their Sessions as they see fit upon Proof c. Fitz. 207. Crompt 135. All injurious Force and Violence used against the Person Lands Goods or other Possessions or Chattels of a Man or Woman is held a breach of the Peace whether it be by threatning Words Furious Gestures or Bodily Force Dalt Chap. 3. Fol. 9. Note upon any Disputes in an Alehouse or Tavern c. about paying the Reckoning and the Parties offer to make their Escapes without paying if there be no Swords Drawn Beating Wounding or visible breach of the Peace the Constable is not bound to go though sent for nor is it Warrantable for him to Arrest and carry them before a Justice unless a Warrant be put into his Hand for this is only a Debt and the Party aggrieved must bring his Action for the Credit he gave for the Victuals or Drink c. being freely delivered by his Consent and those Constables that are over Officious to trouble themselves this way may bring themselves into Trouble and only be laughed at by those that set them on work and counted their Stalking Horses No Warrant Writ or Process shall be served on the Lords Day commonly called Sunday except for Felony Treason or the Breach of the Peace for otherways the Service shall be void and the Justice may discharge the Warrant without examining the Parties and the Party serving it shall be obliged to answer Dammages as if no Warrant had been to the Party who is Arrested and detained by such a Warrant on the Lords Day 29 â—aroli 2. Chap. 7. CHAP. XLVIII The Office of a Constable c. Relating to the strict Observance of the Lords Day IF any Butcher Kill and Sell any Victuals on the Lords Day or any one do it for him the Constable by Distress and Sale of his Goods may levy 6 Shillings 8 Pence upon Warrant from a Justice c But the Complaint or Information must be made within six Weeks and the Party thereof Convicted before a Justice of Peace Mayor or Chief Officer upon their own view proof of two Witnesses or the Parties own Confession and they may at their Discretion gratify the Informer with the third part of the Penalty 3. Car. 1. Chap. 1. Daltons Just P. Chap. 50. Fol. 134. If any one on the Lords Day be present at or keep any Shooting Wrestling Ringing of Bells for Pleasure Bowling Church-Ales Wakes Masks or any Games Sports or Pastimes whatsoever they shall forfeit Five Shillings if above the Age of 14 if under that Age 1 Shilling to be paid by him or her that has the Government of the Party to be levyed by the Constable on Sale of Goods taken in Distress by Warrant from a Justice of Peace or Chief Magistrate and for want of such Distress the Offender to be set in the Stocks for the space of 3 Hours And any Carrier going by way of Travelling with his Horse on this Day or any Carrier Waggoner or Waynman going with any Cart Waggon Wayn or Drover with Cattel Forfeits 20 s. for every such Offence to be levyed by Distress and Sale of his or their Goods if charged and duly convicted within six Weeks after the Offence committed as in the Case of Butchers and the
High Constables of the Hundreds are every Year once in the Year at the General Sessions held for the Peace to present Popish Recusants for their Monthly Absence from Church and return the Names of their Children above Nine Years of Age being then with their Parents also their Servants together with the Age of their Children as near as they can compute or to forfeit 20 s. for every such Default which Presentments the Town-Clerks or Clerks of the Peace are to Record without taking Fees for them under a Penalty of 40 s. 3 Jacobi 1. Chap 4. Wingates Statutes Tit. Crown And if the Minister Petty Constable and Church Wardens of any Parish shall make a Complaint to the Justice of Peace that he or they suspect such a one to be a Popish Recusant but have no Proof of it then the Justice may tender the Party the Oaths in that case appointed and upon Refusal if above the Age of 18 he may commit the Party to Prison till the next Assize and then if again refused it is Premunire in a Man but a Woman Covert shall only suffer Imprisonment and remain without Bail till she take the Oath of Allegiance c. 7 Jacobi 1. Chap. 6. Wingate's Stat. Tit. Crown Dalt Just P. Chap. 45. Folio 108. By a Statute the first of William and Mary no Papist or reputed Papist refusing to make and subscribe the Declaration they are obliged to by the 30 Caroli 2. and the Oaths enjoyned in an Act for removing and preventing all Questions c. about the Assembling and Sitting of this present Parliament shall at any time after the 15th Day of May 1689 have or keep in his own Possession or at his Disposal any Horse or Horses valued above Five Pounds they are to be sold and that any two or more Justices of the Peace by a Warrant under their Hands and Seals may or shall Authorize any Person or number of Persons assisted by a Constable or his Deputy Headborough or Tything-man who are herein required to be Aiding and Assisting to search for and seize to the use of their Majesties and their Successors all such Horses above Five Pounds value as aforesaid And further note that upon any time a Proclamation being issued out to amove Papists at a distance from the City of London and Westminster other Cities and Towns Corporate the Constables by Warrant from the Justices of Peace are to make diligent search and give in the Names and places of Abode of such as stay beyond the time limited that so they may be prosecuted for their Contempt And note that ignorant persons may not be mistaken by bearing too much upon the Act made in the first Year of K. W. Q. M. for Exempting their Majesties Protestant Subjects Dissenting from the Church of England from the penalty mentioned in the 35 of Elizabeth and the 22 Caroli 2. It is thereby Enacted That all persons that take the Oaths and make and subscribe the Declaration therein mentioned shall not be liable to the penalty of the two former penal Acts against Conventicles However if any such Assembly of persons Dissenting from the Church of England meet for Religious Worship with the Doors Locked Barred or Bolted during any times of such Meeting together all and every such person or persons that shall come to and be at such Meeting shall not receive any Benefit from the new Law but be liable to all the Pains and Penalties recited in the Statute of 35 Eliz. and 22 Caroli 2. for such their close and concealed Meeting And further if any person differing from the Church of England a Protestant Dissenter shall be chosen to the Office of High Constable Petty Constable Churchwarden or Overseer of the Poor or any Parochial or Ward-Office any such person shall scruple to take upon him any of the said Offices in regard of the said Oaths or any other Matter or Thing required by the Law to be taken or done in respect of such Office may execute the said Office or Offices by a sufficient Deputy by him to be provided that will comply in taking the Oath c. and such a one as shall be well approved Note that the People called Quakers in Cases of Oaths may tender their Affirmation by Virtue of a late Act of His present Majesty King William the Third and that in Breach of such Affirmation they incur the Penalties as in case of Perjury CHAP. LI. A Constable's Office relating to such as shall disturb Ministers in time of Divine Service c. And what relates to Physicians TO keep Peace and Decency in Churches Chappels and such like Places of Divine Worship Note That if any one not having Authority to do it shall disturb a Preacher Lawfully Licensed Preaching Praying or at the Administration of the Sacrament either by entring into Dispute Humming Talking Laughing or any voluntary Disturbance in Ridiculing c. Any Constable or Church-warden of the place is Authorized immediately to Apprehend him or her so Offending and carry the Party before a Justice of the Peace of the same County who may commit the Offender to safe Custody and within six Days Conjunct with another Justice of the Peace examine the Matter and if it be evidently proved by two Witnesses Commit him or her to the Common-goal there to remain by the space of 3 Months and from thence to the next Quarter Sessions where upon the Offendors Reconciliation and entring into good Security for his good Abearing by the space of one whole Year he may be Released but upon standing in Contempt and remaining obstinate he shall be continued in Prison without Bail till Penitent 1 Mary 1. Sess 3. Chap. 3 Wingate's Stat. Tit. Sacraments c. And any one Rescuing such an Offender shall suffer the like Imprisonment and over and above forfeit 5 l. And the Inhabitants suffering such an Offender to escape upon Presentment before the Justices in their Sessions of the Corporation or County by the Authority aforesaid are liable to forfeit five Pounds In the City of London and seven Miles adjacent the Constables and other Officers are to be Assisting to the President of the Physitians Colledge in order to the due Execution of the Laws and Statutes belonging to the said College on Pain of a Contempt against the King's Majesty according to the Statute of 1 Mary 1. Sess 2. Chap. 9. Wingate's Stat. Tit. Physitians c. CHAP. LII The Duty and Office of a Constable in any Calamitous Time of Plague and Pestilence c. IF Persons Infected with the Plague be by the Constable commanded to keep their Houses and yet Contemptuously go abroad and Converse with other People then having the Plague Sore upon him or her it is Felony and if Infected and not having any Plague Sore yet for such Offence they are liable to be punished as Vagabonds by the Order or Appointment of a single Justice of Peace and further be bound to the good Behaviour for the space of one whole
Year upon Proof the Infection at the time he or she so Offends 1 Jacobi 1. Chap. 13. Wingate's Stat. Tit. Plague Dalt Just P. Chap. 39. Folio 91. If a Constable or such other Officer whom it concerns shall neglect or willingly refuse to Levy the Money by Warrant under the Hands and Seals of two Justices of the Peace upon the Statute for the Relief of any Town or Place Infected with the Plague by Distress and Sale of the Goods of such persons as neglect or refuse to pay on such emergency for every such Offence the said Officers are liable to forfeit Ten Shillings to be distributed among the Sick as by the Statute is directed 1 Jacobi 1. Chap. 13. Dalt Just P. Chap. 39. Folio 91. Wingate's Stat. Tit. Plague The Justices of Peace one or more of them are to appoint in their several Limits Watchmen Keepers Searchers and Buryers as likewise may the Head Officers in Towns and Corporations do the same And if any Infected person contrary to the Commandment of the Justice Constable or other Head Officer c. shall wilfully attempt to go abroad and Resist their Keepers or Watch-men they may Restrain them by Violence and Compel them by Force to keep their Houses and if they be Hurt or Wounded the Watch-man shall not be Troubled for it because it was their Duty after such Warning to have kept their Houses 1 Jacobi 1. Chap. 13. Crompt 122 c. Dalt Just P. Chap. 39. Folio 91. Wingate's Stat. Tit. Plague CHAP. LIII The Office of a Constable c. Relating to Routs and Riots and what they are THE Power of a Constable in Disorders of this Kind is very great and it is his Business to be diligent in Suppressing them as also that of the Sheriffs and others the King's Officers by reason such Tumults are of dangerous Consequence to the Government and many times as it has been known from small beginnings broke into open Rebellions and disturbed the Peace of the whole Kingdom and therefore Note where three or more Persons shall Meet and Assemble themselves together to the intent to do any unlawful Act with Violence or Force against the Person of another his Possessions or Goods as to beat kill or otherwise to hurt or without Authority to Imprison a Man in his own House or elsewhere To pull down a Wall Pale House Hedg Ditch or wrongfully to enter upon or into the Possession of another Man's House or Land c. Or without Right to cut or take away Wood Corn Grass or other Goods or Unlawfully to Hunt in any Warren or Park or with Force or Violence do any other unlawful Act against the King's Peace to the manifest Terror of the people And if they only meet to such Intent or Purpose though they afterwards depart of their own accord without putting their Intentions in Execution it is nevertheless an unlawful Assembly by reason their first Intention which occasioned them so to Assemble was with an evil Design Bro. Tit. Riots 4 5. Co. 3. Part Institutes Folio 176. Dalt Just P. Chap. 85. Folio 217. Stat. 27 Rich. 2. Chap. 8. CHAP. LIV. The Office of a Constable in what concerns it relating to Rogues Vagabonds sturdy Beggars c. TO disencumber the Kingdom of lazy persons who loyter about and decline Working in expectation to live upon others Labours by Begging or Pilfering the Law has in the following manner provided against such Nusances Therefore The Constable Headborough or Tythingman assisted by the Minister and one other Inhabitant of the Parish may take any Rogue or sturdy Beggar Vagabond c. they shall find Loytering up and down in their Parish or Precinct and strip him or her naked from the middle upwards and whip or cause to be whipped openly the said Rogue or Vagabond till the Body be bloody and then forthwith be sent away from Parish to Parish or Tything to Tything the next strait way guiding or leading to the place of the Birth of such Vagrant and if that may not be known then to the place where he or she last Inhabited or Resided by the space of one whole Year before such punishment Inflicted and if that be unknown then to the Town through which the party last past Unpunished and being there if it cannot be discovered where the party was Born or last dwelt then the Constable of that Town or place is to convey him or her to the House of Correction or Common-goal of the County there to be employed at hard Labour or put to Service for the space of one Year and if disabled by Age or Casualty as maiming c. and so not fit for Labour that Town is to be at the Charge of keeping the said Vagrant till such time as he may be placed in some Alms-house within the County by 39 Eliz. Chap. 4. Wingate's Stat. Tit. Vagabonds Bulst 2. part Reports Folio 257 Resol Judges Sect. 417. It is further provided that after such punishment is inflicted that the Vagrant shall have a Testimonial under the Hand and Seal of the Constable Tythingman or other Officer subscribed also by the Minister of the Parish testifying the Place and Day of such Punishment being inflicted and the time he is to have in going to the Place to which he is directed and if he or she loyter by the way till the time is out such Punishment may again be inflicted and so as often as the Default is made till arrived at the limited Place and such Testimonial Especial in Substance is to be registred by the Minister in a Book kept for that purpose or in defect he to forfeit 5 s. Dalt Folio 129. CHAP. LV. A Copy of a Testimonial in Manner and Form as in this Case the Law directs N. T. A Sturdy Vagrant Beggar aged about 30 Years of middle Stature black Hair fresh Coloured and Round Visaged with a Cut on his left Cheek was this 26 Day of September in the 12th Year of the Reign of our Gracious Lord King William the Third c. openly whipt at D. in the County of C. according to the Law for a wandring Rogue and Vagabond and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straitway to L. in the County of M. where he declareth himself to be Born and he is limited to be at L. aforesaid within 14 Days next ensuing the Date hereof at his Peril Given under the Hands and Seals of us James Forbs Minister and Timothy Darcy Constable of D. Given the Day and Year aforesaid This may be granted also by a Justice of the Peace alone under his Hand and Seal And if the Act of the Thirty ninth of Elizabeth be neglected in the Execution of it by any Constable Tythingman Headborough c. he so neglecting forfeits 10 s. for every Default and he that hinders any Execution of this Law upon Rogues and Vagabonds incurs the Penalty of five Pounds and may be bound over to the good