had or made this Act or any thing therein contained to the contrary notwithstanding § 14. N. 1. Provided always and be it Enacted by the Authority abovesaid Days that Iustices of the Peace within any Shire of this Realm of England and Wales shall not be compelled by vertue of this Act to assemble themselves for the Execution of this Act for this present year before the next general Assizes to be holden within every such County before the Feast of St. Michael the Arch-Angel next coming but that they and every of them shall be compelled upon like pain mentioned in this Act to assemble themselves at the said general Assizes for the execution of the same for this present year only according to the Purport Tenor and True meaning of this Act any thing in this Act to the contrary notwithstanding § 15. N. 1. Provided always that this Act nor any therein contained Cinque Ports shall not in any wise extend nor be prejudicial or hurtful to the County Palatine and Dutchy of Lancaster or any Town-Corporate within the same County Palatine and Dutchy having Iustices of the Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be taxed or assessed upon any person or persons in any Sessions to be holden within the said County Palatine and Dutchy of Lancaster or Towns-Corporate parcel of the same Dutchy by vertue of this Act but that the same Issues Fines Forfeitures Amercements and Penalties shall and may be extracted returned certifyed or levyed from time to time in such manner and form to all intents and purposes as they have used to be extracted returned certifyed and levyed at any time before the making of this Act this Act or any thing therin contained to the contrary notwithstanding § 16. N. 1 Provided always and be it Enacted by Authority aforesaid Forfeitures that all Issues Fines Amercements and Forfeitures rising and growing by vertue of this present Act within any of the general Liberties Franchises or Temporal-Iurisdictions which been severally appointed and assigned to the Survey Order and Governance of the King our Soveraign Lords several Courts of the Augmentations of the Revenues of his Crown and of the general Surveyors of the Kings Lands shall be claimed and allowed and also collected and levyed by the Kings Bailiffs or other Officers of the same Liberties Franchises and Iurisdictions for the time being and shall be severally answered to the King in the same several Courts after and according to such sort and order as other Issues Fines Amercements and Forfeitures within the same several Liberties Franchises and Iurisdictions as this present time been or ought to be claimed allowed and answered any thing in this present Act to the contrary notwithstanding Wales Provided always § 17. N. 1. and be it further Enacted by the Authority aforesaid That the Iustices of Peace in every of the Shires in South Wales and North Wales and County Palatine of Chester according to their limitation shall and may certifie all the Estreats by them to be made in manner and form as is aforesaid to and afore such Chamberlain or Chamberlains Chancellor or Chancellors Auditor or Auditors in such place or places as by the Kings Majesty is or hereafter shall be appointed or assigned for hearing and determining of the Sheriffs accounts in every of the said Shires in Wales or County Palatine aforesaid any thing in this Act mentioned to the contrary notwithstanding Franchise Provided always That this Act or any thing therein contained § 18. N. 1. shall not in any wise extend to the County Palatine and County of Durham or to any Town Corporate within the same County Palatine or County having Iustices of Peace for and concerning the extracting returning certifying or leavying of any Issues Fines Forfeitures Amerciaments or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said County Palatine or County of Durham or within any Town Corporate situate and being within either the said County Palatine or County but that the same Issues Fines Forfeitures Amerciaments or Penalties and every of them may be assessed taxed extracted returned certified and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted retorned certified and levyed at any time before the making of this Act or should be assessed taxed extracted retorned certified and levyed if this Act had never been had or made this Act or any thing therein contained to the contrary notwithstanding Cinque Ports Provided always and be it Enacted That this Act § 19. N. 1. or any thing therein contained shall not extend to the Barons and Inhabitants of or within the Cinque Ports or their members or to any of them to compel or constrain them or any of them to assemble themselves with any of the Iustices of the Peace out of their said Ports and Members and the liberties of the same or for and concerning the Estreating of Fines Issues Forfeitures and Amerciaments to be set lost or assessed by vertue of this Act within the liberties aforesaid Appearance But that they and every of them shall and may assemble themselves together at such place and places within their liberties for the executing of this Act as to them shall be thought most convenient § 19. N. 2. and to divide themselves after such fashion as they shall think best and most requisite for the executing of this Estatute in this Act mentioned Amercement And may and shall take such Fines Issues Forfeitures § 19. N. 3. and Amerciaments and every of them as shall be set lost and assessed by vertue of this Act in such manner and form and to such uses purposes and intents as they or any of them lawfully should might or ought to have had before the making of this Act this Act or any thing therein contained to the contrary notwithstanding Franchise Provided alway that this Act or any thing therein contained § 20. N. 1. be not at any time hereafter in any wise prejudicial or hurtful to any person or persons Bodies Politick or Corporate to their Heirs or Successors or to the Heirs or Successors of any of them for or concerning any their lawful rights titles interest or claims of in or to any manner of Issues Fines Amerciaments Penalties or other Forfeitures in any wise to be assessed lost and forfeited before any Iustices of Peace at their Sessions hereafter to be holden or kept in any Shires City Borough or Town Corporate within this Realm of England by vertue and authority of this Act. But that every such Person or Persons § 20. N. 2. Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successors of every of them and their lawful deputies
or Commissioners to inquire of Felonies in the County where such Offences of Accessary c. shall be committed c. shall be as good and effectual in the Law as if the said principal Offence had been committed c. within the same County where the same Indictment against such Accessary shall be found § 4. N. 2. And that the Iustices of Goal-delivery or Oyer and Terminer Accessary or two of them of or in such County where the Offence of any such Accessary shall be hereafter committed c. upon suit to them made shall write to the Custos Rotulorum or Keepers of the Records where such Principal shall be hereafter attainted or convicted to certify them whether such Principal be attainted or convicted or otherwise discharged of such principal Felony who upon such Writing to them or any of them directed shall make sufficient Certificate in Writing under their Seal or Seals to the said Iustices whether such Principal be attainted and convicted or otherwise discharged or not 3 4 Ed. 6. p. 667. Acts made in the Session of this present Parliament Parliament holden upon Prorogation at Westminster the fourth day of November in the third year of the Reign of our most Dread Soveraign Lord Edward the sixth by the Grace of God King of England France and Ireland Defender of the Faith and of the Church of England and also of Ireland in Earth the Supream Head and there continued and kept to the first day of February in the fourth year of the Reign of our said Soveraign Lord as followeth Cap. 1. Where in the Parliament holden at Westminster in the seven and thirtieth year of the Reign of the most excellent Prince of Famous Memory King Henry the eighth viz. 37 H. 8. Cap. 1. § 2. N. 2. Patents it was Enacted that no person or persons should from the making of the said Act be nominated and appointed to the Office or Offices of Custos Rotulorum within any Shire of this Realm of England Wales or other the Kings Dominions Marches or Territories of the same but such as should have a Bill signed with the Kings hand for the same § 1. N. 2. Which Bill signed viz. 37 H. 8. Cap. 1. § 2. N. 3. Chancery should be a sufficient Warrant by Authority of the said Act to the Lord Chancellor of England and Lord Keeper of the Great Seal for the time being to make from time to time Commission or Commissions assigning and authorizing thereby the same person to be Custos Rotulorum untill the King had by another Bill assigned with his own hand appointed and ordained another person to have occupy and exercise the same Office of Custos Rotulorum § 1. N. 3. And Viz. 37 H. 8 Cap. 1. § 2. N. 4. Peace that the said person appointed and assigned to be Custos Rotulorum as is abovesaid should and might occupy exercise and enjoy the said Office of Custos Rotulorum by himself or by his sufficient Deputy learned in the Laws of this Realm and meet and able to supply the said Office according to the Tenor of the said Grant or Commission as by the same Act among other things more at large it doth and may appear § 2. N. 1. Since the making of which Statute viz. 37 H. 8. Cap. 1. § 2. Patents divers and many persons being in the said Offices of Custos Rotulorum in divers Shires of the Realm have departed this present Life and dyed so that there hath not come to the hands of the Chancellor of England or Lord Keeper of the Great Seal any Bill or Bills assigned with the Kings Majesties hand for the naming appointing or assigning of any new Custos Rotulorum in the same Shires and so the said Offices have remained void for a long time to the great let of Iustice § 2. N. 2. And also for that it shall be very tedious and much to the molesting of the Kings Majesty upon every avoidance of such Custos Rotulorum by death or otherwise Officer to move his Majesty for the signing of Bills for other persons to be elected named chosen and appointed to supply the said Offices of Custos Rotulorum being void § 2. N. 3. And for that the nomination and appointing of the said Office of Custos Rotulorum long before the making of the said Statute c. viz. 37 H. 8. Chancery C. 1. did appertain and belong to the Office of the Chancellor of England or Lord Keeper of the Great Seal for the time being § 3. N. 1. Be it therefore Enacted by the King our Soveraign Lord Prerog with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that the Chancellor of England or Lord Keeper of the Great Seal for the time being shall at all time and times hereafter and from time to time without any Bill or Bills to be assigned with the Kings hand name elect assign and appoint such person and persons to be Custos Rotulorum within every Shire of this Realm of England Wales and other the Kings Dominions Marches and Territories of the same or by any of them as by the discretion of the said Lord Chancellor or Lord Keeper of the Great Seal for the time being Deputy § 3. N. 2. shall be thought able and meet to have and exercise the same And that the said person or persons so to be appointed elected named and assigned by the said Lord Chancellor or Lord Keeper of the Great Seal for the time being shall and may occupy exercise and enjoy the same Office of Custos Rotulorum by himself or by his sufficient Deputy or Deputies Patents in as ample and large manner and form as if the said Act viz. 37 H. 8. Cap. 1. had never been had ne made § 4. N. 1. the before rehearsed Act or any thing therein contained to the contrary hereof in any wise notwithstanding Provided always and be it Enacted by the Authority aforesaid that all such as now have any of the said Offices of Custos Rotulorum by the Kings Letters Patents or Commission to them or any of them made shall and may enjoy Franchise have and exercise the said Offices by vertue of the same Letters Patents or Commission by himself § 5. N. 1. or his sufficient and able Deputy instructed in the Laws of this Realm any thing in this present Act had or made to the contrary notwithstanding Provided also that it be Enacted by the Authority aforesaid that the Arch-Bishop of York the Bishop of Durham the Bishop of Ely and every of their Successors the Chancellor of the Dutchy of Lancaster for the time being and all and every Person and Persons Corporations and Bodies Corporated to whom the Kings Majesty or any of his Noble Progenitors by his or their Letters Patents or Act
them and to the keeper of his Majesties Goal for the said County at M. in the County aforesaid Kent ss Forasmuch as we viz. two Justices have received a Certificate from the Ordinary within whose Jurisdiction the Parish of T. in the said County is situate That A. B. being by virtue of the Statute in that behalf made disabled to Preach any Sermon did during the time that he did continue and remain so disabled Preach a Sermon in the Parish Church of T. aforesaid against the form of the Statute These are therefore in his Majesties Name to will and require you the said Constable and Borshoulders and every of you that you some or one of you do take the said A. B. and him convey to the Goal aforesaid and there deliver him to the said Keeper thereof together with this Precept Requiring also you the said Keeper to receive him into the Goal aforesaid and him there safely to keep by the space of three Months without Bail or Mainprise hereof fail not at your perils Given under our Hands c. XXXI Kilb. Precedents 52. Church A Record of a Conventicle to be written in Parchment on 22 Car. 2. 1. by two Justices Kent ss Memorand ' That upon the 10th day of June in the 31. year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Jreland King Defender of the Faith c. It was according to the form of an Act of Parliament in that behalf lately made Entituled An Act to prevent and suppress seditious Conventicles duly proved to us viz. two Justices c. that A. B. being of the Age of sixteen years and upwards and a Subject of this Realm was upon the first day of June now last past in the Parish of c. present at T. in the said County under colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England where five Persons are present more than those of the same Household contrary to the Act aforesaid of all which we have the Day and year above written made this Record under our Hands and Seals 2. Or better in Latin thus Kilb. Precedents 53 54. Kent ss Memorand ' quod J. S. de S. in Com. predict ' Yeoman Church E. W. de W. in Com. predict ' Generosus Maria uxor G. J. de parochia de E. in Com. predict ' Husbandman Eliz. W. de E. predict ' in Com predict ' vidua J. B. de c. Cum multis alijs in toto se attingent ' ad numerum duodecim personarum quilibet eorum die Solis 26. die Junij Anno Regni Domini Regis nunc 22. die ultra etatem 16. Annorum subditi dicti Domiin Regis ad tunc existent ' predict ' 26. die Junij Anno 22. supradicto insimul assemblaverunt presentes fuerunt quilibet eorum presens â—uit in Domo Mansionali ipsius A. P. viduae in predict ' Parochia de E. in Com. predict ' ad Conventiculum sub colore Exercitationis Anglice Exercise Religionis in alio modo quam secundum Liturgiam practicationem Anglice practise Ecclesiae Angliae Ad tunc ibidem tent ' contra formam Statuti prevenire supprimere seditiosa Conventicula nuper Editi proviso infra Memorand ' etiam quod tempore loco supradict ' predict ' J.S. assumpsit super se docere in Conventiculo predict ' in eodem ad tunc ibidem docuit contra formam Statuti predicti quodque predict ' A. B. vidua tempore supradicto scienter Anglice Wittingly voluntariè permisit Conventiculum predictum fore tenend ' in Domo Mansionali sua predict ' etiam contrà formam ejusdem Statuti Record ' quarum quidem separalium offensarum Ego W. L. Miles unus Justiciariorum dicti Domini Regis ad pacem suam in Com. suo predict ' conservand ' assignat ' cui secundum formam effectum Statuti predicti separales offensas predict ' sic ut preâ—ertur fore Commissa sufficienter aparuit per presentes sub Manu sigillo meo 11. die Julij Anno 22. supradicto apud N. predict ' in Com. predict ' feci Predictique J. S E. W. predict ' Maria uxor predict ' G. J. Eliz. W. J. B. Junior J. B. Senior J. F. R. P. A. P. Vidua A. B. D. P. Spinster de separalibus offensis suis in Record ' predict ' superius mentionat ' per Recordum illud virtute Statuti predicti plene perfecte convicti sunt quilibet eorum inde separaliter plene perfecte convictus est ego prefat ' Justiciar ' superinde virtute Statuti predicti die Anno loco ultimo mentionat ' finem V.S. super quemlibet offensorum Anglice Offenders predict ' sic ut prefertur ad Conventiculum predict ' present ' Existent ' pro separali offensa predict ' imposui Predictaque A. P. Vidua pro offensa sua predicta eo quod ipsa ut prefertur permisit Conventiculum predict ' fore tenend ' in Domo Mansionali sua predict ' forisfecit Summam 20 l. Virtute Statuti predict ' predictusque J.S. pro offensa sua predicta eo quod ipse ut prefertur assumpsit super se docere in conventiculo predicto in eodem ut predictum est docuit forisfecit summam 20 l. Virtute Statuti predicti Forfeiture XXXII Kilb. Precedents 55. 56. A Warrant to levy the penalty of 22 Car. 2. 1 § 3. N. 1. upon the Teacher in a Conventicle To the Constables Borshoulders Headboroughs and Tythingmen of the Hundred of C. in the said County and to the Church-wardens and Overseers of the Poor of the Parish of C. in the County aforesaid and all other Officers within the said County whom the Execution hereof may concern Kent ss Forasmuch as I did this present day receive a Certificate to me directed under the Hand and Seal of W. E. of S. in the County of S. Esq one of his Majesties Justices Assigned for keeping his peace in the said County of S. that G. H. of C. aforesaid Taylor was upon the first day of this Instant August by him Convicted by proof to him made according to an Act of Parliament Entituled An Act to prevent and suppress Seditious Conventicles lately made and provided of being present in the Barn of R. W. of W. in the said County of S. Husbandman and there did take upon him to Preach or teach at a Conventicle the five and twentieth day of July last past under pretence of Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England and contrary to the form of the Act aforesaid And that therefore being thereof Convicted as aforesaid the said G. H. did forfeit for the said first Offence 20 l. and that he the said Justice had by Virtue of the said Act imposed on him so convict as aforesaid for
his said Offence the said Sum of 20 l. as being thought by him able to pay the same as by the said Certificate appeareth 22 Car. 2. 1. § 13. N. These are therefore by Virtue of the aforesaid Act in his Majesties Name to command you that you some or one of you do forthwith levy the said 20 l. by Distress and Sale of the Goods and Chattels of the said G. H. and that when you or any of you have so levied the said 20 l. or any part thereof that then you they or he that so levied the same do forthwith deliver the Moneys so levied to the aforesaid W. E. to be by him distributed according to the Act aforesaid hereof neither you nor any of you are to fail at your perils Given under my Hand and Seal at A. in the said County of K. 10 Apr. Anno Regni c. 31. Proof XXXIII Kilb. Precedents 57. 58. A Warrant for Witnesses to prove the Conventicle To the Constable Borshoulders Headboroughs and Tythingmen of the Hundred of S. in the said County and every of them Kent ss Whereas we have this day received Information that several persons upon the 19. day of June last past were present in the Parish of S. in the said County at a Conventicle then and there held under Colour of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England contrary to the form of an Act of Parliament lately made and provided to prevent and suppress Seditious Conventicles And whereas we are also Informed that the several persons hereunder Named can certifie the Particulars and truth of the Premisses These are therefore in his Majesties Name to command you and every of you that you do give notice to the several Persons that they and every of them are by us Commanded to appear before us at the House of R.K. Esq in H. in the County aforesaid on Wedensday the first day of this Instant August at eight of the Clock in the Forenoon of the same day then and there to testifie their several Knowledges touching the Premisses whereof neither they nor any of them are to fail at their perils And you are further hereby commanded to appear at the time and place aforesaid to make appear unto us what you have done in the Execution hereof hereof also you are not to fail at your peril Given under our Hands and Seals at H. in the said County the Day of c. A. B. of c. c. as many as be C. D. of c. c. as many as be XXXIV Kilb. Precedents 58. 59. A Certificate made by a Justice where the Offenders liev in a Corporation Kent ss S. B. R. K. Esquires Certificate Two of his Majesties Justices assigned to keep the Peace in his County aforesaid to the Chief Magistrate of the Corporation of T. in the said County Greeting Whereas W. S. of T. aforesaid in the County aforesaid Yeoman was this present day before us Convicted according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided of being present in the Dwelling house of J. B. in the Parish of C. in the County aforesaid upon the sixth day of this Instant July at a Conventicle than and there held under Colour of Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England contrary to the form of the Act aforesaid And we have by Vertue of the said Act imposed upon him a Fine of Five shillings for that his Offence and whereas also the said J. B. was this present day before us also according to the said Act Convicted of his wittingly and willingly suffering the Conventicle aforesaid to be held in his aforesaid Dwelling house contrary to the form of the Act aforesaid for which his Offence he hath forfeited the Sum of 20 l. and for that we do in our Judgments think the said J. B. poor and unable to pay the said Sum of 20 l. by him as aforesaid forfeited we have therefore by our Discretions adjudged one hundred Shillings thereof to be levyed of the Goods and Chattels of the aforesaid W. S. who as aforesaid was present at the same Conventicle And forasmuch as the said W. S. is an Inhabitant in the Corporation aforesaid we do therefore hereby Certifie you of the Premisses to the end you may proceed thereupon as by the said Act is required Given under our Hands and Seals at C. in the said County 20 Novemb. Anno 1679 c. Regni c. 31. Church XXXV Kilb. Precedents 59. 60. A Record of the Conviction of certain Persons taken at a Conventicle Kent ss Memorand ' quod ' S. B. de Parochia de C. c. pro ut c. 31. N. 2. quidam alius homo ignotus in toto se attingnut ad numerum octo personarum quilibet eorum 3 die c. Anno c. ultra aetatem c. subdit ' c. quorum que ad numerum quinque personarum non ad tunc fuerunt defamilia Roberti Kite de predicta Parochia c. in Com. predict ' Mercer in predict ' Parochia de S. eodem 3 Die c. Anno c. Insimul assemblaverunt presentes fuerunt quilibet eorum presens fuit in Donio Mansionali ipsius Roberti Kite in predicta Parochia de S. in Com. predict ' ad assemblationem sub colore c. pro ut c. ad tunc adhuc in pleno robore existent ' Memorand ' etiam quod predict ' homo ignotus ad tunc ibidem assumpsit super se docere in assemblat ' predict ' ad tunc ibidem docuit etiam contra formam ejusdem Statuti Memorand ' etiam quod predict R. Kite tempore supradicto scienter Angl. wittingly voluntariè permisit assemblat ' predict ' fore tenend ' in Domo Mansionali sua predict ' etiam contra formam Statuti predict ' Record ' quarum quidem separalium offensarum nos J. H. Miles W.C.S. B. R. K. Armigeri Justiciarij dicti Domini Regis ad pacem suam in Com. suo predict ' causa assemblat ' quibus secundum formam effectum Statutorum dredictorum separales offensas predict ' sic ut presertur sore Commissa sufficienter apparuit per presentes sub Manibus Sigillis nostris 17 Die Apr. Anno c. 27. supradicto apud C. predict ' in Com. predict ' fecimus predictique S. B. predict ' uxorejus H. S. c. R. K. predict ' Hom ' ignot ' de separalibus offensis suis in Record ' predict ' superius specificat ' per Record ' illud Virtute Statuti predicti plene perfecte convicti sunt quilibet eorum inde separaliter plenè perfecte Convictus est Et nos
c. pro ut supra c. forthwith to levy the aforesaid 5 s. so imposed upon her as aforesaid by distress c. pro ut c. And forasmuch as a Man unknown did then and there take upon him to Preach or teach c. pro ut the record supra You may levy 20 l. upon any the Offenders as in your Judgments shall seem fit Forfeiture XXXVIII Kilb. Precedents 65. 66. 67. 68. A Warrant to levy the Money upon the Offenders on 22 Car. 2. 1. To the Constable c. ut supra Kent ss Forasmuch as W. W. of the aforesaid Parish of S. Gent. one of the Church-Wardens of the said Parish J. H. of the parish aforesaid Yeoman the other Church-Warden of the said Parish T. N. of the Parish aforesaid Chandler one of the Overseers of the Poor of the said Parish J. W. the Elder of the Parish aforesaid Yeoman G. P. c. W. H. of the Parish aforesaid Headborough of the North-borough in the said Parish c. were every of them this present day by us Convicted according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided of being present in the Parish Church of S. aforesaid in the County aforesaid upon Sunday the 19. day of June last past between the hours of nine and twelve before Noon the same day at an Assembly then and there held under pretence of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England contrary to the form of the Act aforesaid and we have by vertue of the said Act imposed upon every of the said Offenders so Convicted as aforesaid a Fine of 5 s. for that his respective Offence These are therefore in his Majesties Name to Command you and every of you forthwith to levy upon every of the said Offenders respectively by Distress and Sale of his respective Goods and Chattels the aforesaid Fine of 5 s. And Forasmuch as R. G. of R. in the said County Gent. did then and there take upon him to teach in the Assembly aforesaid and did then and there teach against the form of the Act aforesaid and was this present day by us according to the said Act Convicted of his said Offence and he hath for the same forfeited the Sum Twenty pounds And for that in our Judgments we do think the said R.G. is unable to pay the said Sum so forfeited as aforesaid we have therefore by our Discretions adjudged the same to be levied of the Goods and Chattels of the aforesaid W. W. J. H. D. P. J. C. who as aforesaid were all of them present at the Assembly and are thereof as aforesaid Convicted And the same Sum of 20 l. to be levyed in manner following that is to say one C. S. thereof of the Goods and Chattels of the said J. H. other one C. s. thereof of the Goods and Chattels of the said D. P. and the other one C. s. thereof residue of the Goods and Chattels of the said J. C. These are therefore in his Majesties Name to command you and every of you forthwith to levy one C. s. parcel of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said W.W. and to levy other one C. s. other parcel of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said J. H. and to levy other one C. s. other parcel of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said D. P. and to levy the other one C. s. residue of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said J. C. And forasmuch as T. H. of the aforesaid Parish of S. Labourer was this present day by us Convicted according to the Act aforesaid of being present at the Assembly aforesaid contrary to the said Act and we have also by Vertue of the Act aforesaid imposed upon him a Fine of 5 s. for that his Offence and for that we do in our Judgments think the said T. H. poor and unable to pay the said Sum of 5 s. upon him for his said Offence imposed as aforesaid we have therefore by our Discretions adjudged the same to be levyed of the Goods and Chattels of the said J. W. who as aforesaid is Convicted of the like Offence at the same Assembly These are therefore in his Majesties Name to command you and every of you forthwith to levy the said fine of five 5 s. by distress and Sale of the Goods and Chattels of the said J. W. And for as much as T. H. of B. in the County aforesaid Master was was this present day by us convicted according to the Act aforesaid of being present at the Assembly aforesaid contrary to the said Act and for that the said T. H. heretofore committed the like Offence and according to the form of the Act aforesaid was thereof convicted therefore he for his said Offence of being present at the Assembly herein before mentioned hath incurred the penalty of 10 s. These are therefore in his Majesties Name to command you and every of you forthwith to levy the said 10 s. by distress and Sale of the Goods and Chattels of the said T. H. And forasmuch as Mary the Wife of the said J. W. and E. the Wife of the said J. C. were both of them this present day by us Convicted Bar Feme according to the Act aforesaid of being present at the Assembly aforesaid contrary to the said Act and we have by vertue of the Act aforesaid imposed upon the said Mary a Fine of 5 s. for that her said respective Offence and we have also by vertue of the said Act imposed upon the said E. a Fine of 5 s. for her said respective Offence and for that the said Mary is a Feme Covert cohabiting with the said J. W. her Husband and the said E. is also a Feme Covert cohabiting with the said J. C. her Husband These are therefore in his Majesties Name to command you and every of you forthwith to levy the aforesaid fine of 5 s. so imposed upon the said Mary as aforesaid by distress and Sale of the Goods and Chattels of the said J. W. and to levy the aforesaid Fine of 5 s. so imposed upon the said E. as aforesaid by distress and Sale of the Goods and Chattels of the said J. C. And Forasmuch as the aforesaid W. W. at the time of the said Assembly â—fficer was and still is one of the Church-wardens of the Parish of S. aforesaid and the aforesaid J. H. then also was and still is the other Churchwarden of the aforesaid Parish and the aforesaid T. N. then was and still is one of the Overseers of the Poor of the said Parish and the said W.H. then was and still is Headborough of the Northborough in the
made 32 H. 8. cap. 7. § 4. N. 1. § 1. N. 6. And to commit the same Person or Persons to ward Imprisonment there to remain without Bail or Mainprise till that he or they shall have found sufficient Surety to be bound by Recognizance or otherwise before the Kings said Counsellor or Iustice of Peace or any other like Counsellor or Iustice of Peace to the use of our said Soveraign Lord the King to give due obedience to the Process Proceedings Decrees and Sentences of the Ecclesiastical Court of this Realm wherein such Suit or matter for the Premises shall depend or be § 1. N. 7 And that every of the Kings said Counsellors Justices or two Iustices of the Peace whereof the one to be of the Quorum as is aforesaid shall have full power and authority by vertue of this Act to take receive and record Recognizances and Obligations in any of the Causes above-written C. 24. § 2. N. 1. And be it also Enacted c. That no Person or Persons of what estate Deputy degree or condition soever they be c. shall have any power or authority to make any c. Iustices of Peace c. Lambert 25. § 2. N. 2. But that all such Officers and Ministers shall be made by Letters Patents under the Kings Great Seal Patents in the name and by the authority of the Kings Highness and his Heirs Kings of this Realm in all Shires Counties Counties Palatine and other places of this Realm Wales and the Marches of the same or in any other of his Dominions at their pleasure and wills in such manner and form as c. Iustices of the Peace c. commonly made in every Shire of this Realm any Grants Vsages Prescription Allowance Act or Acts of Parliament or aâ— other thing or things to the contrary thereof notwithstanding Indictment And that in every Writ and Indictment § 4. N. 1. that shall be made in any such County Palatine or Liberty c. whereby it shall be supposed any thing to be done against the Kings Peace shall be made and supposed to be done only against the Kings Peace his Heirs and Successors and not against the Peace of any other Person or Persons whatsoever they be any Act of Parliament Grant Custome Vsage or Allowance in Eyre before this time had granted or used to the contrary notwithstanding Franchise Provided alwayes that § 5. N. 1. c. Iustices of Peace to be made and assigned by the Kings Highness within the County Palatine of Lancaster shall be made and ordained by Commission under the Kings usual Seal of Lancaster in manner and form as hath been accustomed any thing in this Act to the contrary thereof notwithstanding Corporation Provided also that all Cities Boroughs § 6. N. 1. and Towns Corporate within this Realm which have liberty power and authority to have Iustices of Peace c. shall still have and enjoy their liberties and authorities in that behalf in such like manner as they have been accustomed without any alteration by occasion of this Act any thing in this Act or in any Article therein contained to the contrary thereof notwithstanding Justices And it is Enacted c. That all such Iustices to be made § 16. N. 1. as is afore rehearsed in this Act shall have authority and power to keep and hold their Sessions of Peace c. from time to time only within the same Liberties and Franchises and in such places and in none other places by reason and authority of that Commission and to do and execute all other things within the same in as ample and large manner as any other Iustices of Peace c. in any Shire within this Realm may do and have authority to do any Act Grant Vse Custome and Allowance heretofore had made or used or any Article in this present Act made to the contrary notwithstanding Franchise Provided alwayes That all and singular Iustices of the Peace § 17. N. 1. c. hereafter to be made named and appointed by the Kings Highness his Heirs and Successors within any Liberty where any such Iustice of Peace c. have been made by any person or persons by virtue or authority of any Letters Patents of the Gift or Grant of our Soveraign Lord the King or his most noble Progenitors Kings of this Realm or otherwise shall sit and keep their Sessions c. only in such place and places as the Iustices of the said Liberties lately have commonly used within the said Liberties Corporation And that no Person or Persons within the said Liberties § 17. N. 2. or any of them shall be hereafter in no wise compelled by authority of this Act to appear out of the said Liberties before any other Iustices c. of the Peace then before such Iustices as shall be named and assigned to sit and be by the Kings Highness his Heirs and Successors within the said Liberties in form aforesaid Cinque Ports Provided always and be it Enacted § 20. N. 1. that Thomas now Bishop of Ely and his Successors Bishops of Ely and their temporal Steward of the Isle of Ely for the time being and every of them shall from henceforth be Iustices of Peace within the said Isle and shall use and exercise all manner of things within the same Isle that appertain or belong to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as ample and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding Eccles Persons Provided always and be it Enacted § 21. N. 1. that Cuthbert now Bishop of Durham and his Successors Bishops of Durham and their temporal Chancellor of the County Palatine of Durham for the time being and every of them shall from henceforth be Iustices of the Peace within the said County Palatine of Durham and shall exercise and use all manner of things within the same County Palatine that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as â—â—â—â—ple and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding § 22. N. 1. Provided alwayes and be it Enacted Justices That Edward now Arch-Bishop of York and his Successors Arch-Bishops of York and their temporal Chancellor of the Shire and Liberty of Hexam otherwise called Hextoldsham for the time being and every of them shall from henceforth be Iustices of Peace within the said Shire
and Liberty of Hexam c. and shall exercise and use all manner of things within the said Shire and Liberty that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by vertue and authority that they be Iustices of Peace in as large and ample manner as any other Iustice of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding Cap. 28. 27. § 11. N. 1. And over that it is Enacted Husbandry That all Iustices of Peace in every Shire where every such offence Viz. Of not using Husbandry on dissolved Monastery c. shall be committed and done contrary to the true meaning and intent of this present Act shall in every quarter and general Sessions within the limit of their Commission inquire of the Premises and shall have full power and authority to hear and determine the same 28 H. 8. C. 14. § 4. N. 1. And it is also Enacted Wine That the Iustices of Peace in every Shire of this Realm and all Mayors c and every of them within the limits of their Commissions and authorities as well within Franchises as without shall have power and authority to examine hear inquire and determine the defaults of such as shall attempt to sell any Wines in gross contrary to this Act and to punish the Offenders by Imprisonment or otherwise by their discretions 31 H 8. Ca. 8. § 9. N. 1. Provided also Prerog That if any Proclamation or Proclamations hereafter shall be directed by virtue of this Act viz. For any thing not concerning Inheritance c. to the Iustices of Peace of any Shire or County that then within fourteen dayes after the receipt thereof the same Iusties shall and may by their discretions divide themselves viz. As on Act of Parliament in sundry parts and places within the limits of their Commission for the due and speedy execution of the contents of the same Proclamation or Proclamations C. 14. § 17. N. 3. And also That Iustices of Peace in their Sessions Religion and every Steward Vnder-Steward and Deputy of Steward of any Leet or Law-day in their Leet or Law day shall have like power and authority by virtue of this Act to inquire by the Oaths of twelve lawful men of all and singular the Heresies Contempts and other Offences viz. Against the six Articles c. done perpetrated or committed within the limits of their Commissions and Authorities 1 Ed. 6 Cap. 12 § 4. N. 1. 32 H. 8. Cap. 7. § 4. N. 1. And further be it Enacted c. Tythes That if any Person or Persons after such Sentence definitive given against them Viz. In suit by Ecclesiastical or Lay-man seised of Parsonage c. For tythes obstinately and wilfully refuse for to pay their Tythes or such Sums of Mony so adjudged viz. By the Ordinary wherein they be condemned for the same that then two Iustices of the Peace of the same Shire whereof one to be of the Quorum shall have authority by this Act upon Information Certificate or Complaint to them made by writing by the said Ecclesiastical Iudge that gave the same Sentence to cause the same Party so refusing to be attached and committed to the next Goal and there to remain without Bail or Mainprize till he or they shall have found sufficient Sureties to be bound by Recognisance or otherwise-before the same Iustices to the use of our Sovereign Lord the King to perform the said definitive Sentence and Iudgment 27 H. 8. Cap. 20. § 1. N 5. C. 13. § 8. N. 1. And it is further Enacted c. Cattle That the Iustices of Peace in every Shire Riding and other Place in their Quarter Sessions to be kept and holden by virtue of the Kings Commission of the Peace to them directed and all Stewards of Leets c. shall have authority by this Act to inquire of all defaults Contempts Omissions and Offences contrary to the effects above written c. viz. Of putting in Horses not measure or infected into Forest Common c. Common Which Iustices of Peace in their Quarter Sessions of the Peace shall have power and authority by this Act to hear and determine every such Presentment before themselves found § 8. N. 3. or in any of the said Leets or Lawdays to be presented and certified c. as well by Examination as otherwise Franchise In consideration viz. of the travelling too often of the Gentry c. be it Enacted c. C. 43. § 1. N. 8. That from henceforth the Law and Administration of Iustice and all other things in the said County viz. of Chester in times past used to be had at the said Shire days shall be holden had made done and executed by the Iustices of the said County for the time being at two times in the year only that is to wit at the Sessions next after the Feast of St. Michael the Archangel and at the Sessions next after Easter yearly for ever during so many days of every of the said time or times as need shall require in like manner and form as it is now used in the County Palatine of Lancaster Parliament Henry the Eighth by the grace of God King of England France and Irelend Defender of the Faith and of the Church of England 33 H. 8. pa. 532. and also of Ireland in Earth Supream Head to the honour of Almighty God and for the concord quiet and wealth of this his Realm and Subjects of the same held his most high Court of Parliament begun at Westminster the sixteenth day of January and continued until the first day of April the three and thirtieth year of his most noble and virtuous Reign wherein were established these Acts following Collusion Forasmuch as many light and evil disposed Persons not minding to get their livings by Truth according to the Laws of this Realm Cap. 1. but compassing and devising daily how they may unlawfully obtain and get into their hands and possession Goods Cattel and Iewels of other Persons for the maintainance of their unthrifty living and also knowing that if they come to any of the same Goods Cattles and Iewels by stealth that then they being thereof lawfully convict according to the Laws of the Realm shall die therefore have now of late falsely and deceitfully contrived devised and imagined privy Tokens and counterfeit Letters in other mens names unto divers persons their special friends and acquaintances for the obtaining of Mony Goods Cattels and Iewels of the same persons their friends and acquaintances by colour whereof the said light and evil disposed Persons have deceitfully and unlawfully obtained and gotten great substance of Mony Goods Cattels and Iewels into their hands and Possessions contrary to right and Conscience Coron For reformation
to the intent that the Sheriff shall there answer the same to the Kings use § 3. N. 1. Provided always and be it Enacted by Authority aforesaid Fees that every of the said Iustices of Peace shall have for holding of every of their said Sessions as is aforesaid 4 s. for their Costs § 3. N. 2. And the Clerk of the Sessions by them to be appointed for the making and writing of the Process and Extracts of the Sessions Offices for every Sessions 2 s. to be paid by the hands of the Sheriff of the Kings part and Portion of the Pains Losses and Forfeitures and of the Issues Fines and Amercements aforesaid § 4. N. 1. Provided always that Iustices of Peace in Cities Corporat Boroughs and Towns Corporate not being Shires or Counties of themselves shall assemble once in the year with the Iustices of Peace of the Shire where such Cities Boroughs or Towns Corporate be and shall be limited to execute this Act within the City Borough or Town Corporate where they shall be Iustices of Peace and not elsewhere Indictment Provided also that no Information or Presentment § 5. N. 1. shall be had or taken by the said Iustices of Peace so divided by Authority of this Act but for such Offences Defaults or Contempts as be or shall be done within the limits of their Division Justices And be it further Enacted by Authority aforesaid § 6. N. 1. that the said Iustices of Peace so divided or two of them within the limits of their Division shall have full Power and Authority to examin inquire hear and determin by Information and Tryal as is aforesaid all Defaults and Contempts which after the Feast of the Nativity of our Lord next coming shall be done or committed by any Servants commonly called Yeomen or Grooms Husbandmen Labourers and Artificers or any of them against the tenor form and effect of the Statutes and Laws made for excessive Apparel and to correct and punish the Offenders therein being thereof Convict afore them as is aforesaid according to such Pains Forfeitures and Punishments as is limited by the said Laws and Statutes of Apparrel to be levyed paid and certifyed as is aforesaid Wales And it is further Enacted by the Authority aforesaid § 7. N. 1. that as well the Iustices of Assize as the Iustices of Chester and the Kings Iustices of North-Wales and South-Wales in all and singular their Circuits shall have full Authority and Power by the force of this present Act to inquire as well by Information as by Presentment before them of the Defaults Contempts Omissions Negligences Favours Affections Corruptions and other things whatsoever they shall be of all and singular the said Iustices of Peace which shall not diligently truly and duly see put and cause the said good Laws and Statutes Ordinances and Provisions to be put in due Exercise and perfect Execution according to the effects as well of the said Statutes heretofore made as of this present Act and to hear examin and determin the same as is aforesaid Amercement And to assess such Fines upon the said Iustices of Peace § 7. N. 2. and upon every of them being Convict of any Defaults Negligences and Offences as is aforesaid as to their discretion shall be thought expedient for the Quality and Quantity of their Offences Officers And be it Enacted by the Authority aforesaid that all Sheriffs § 8. N. 1. Bayliffs Constables Head-Boroughs and all and singular other Officers and Ministers whatsoever as well within Liberty as without shall be attendant aiding and assisting to all and singular the said Iustices of Peace in and for the due Execution of this Act upon Pain to make such Fines as by the said Iustices of Peace or two of them shall be assessed to the Kings use by their discretions Justices Provided always § 9. N. 1. that this Statute shall not bind any Iustice of Peace or of Quorum to assemble or execute any thing in this Act or in any other Shire City Borough or place then in such Shire City Borough or place where he shall be resident and dwelling at that time when such Assembly shall be made by vertue of this Act Appearance Provided also § 10. N. 1. that such Lords and others which being Iustices of Peace or Quorum be or shall be of the Kings Privy Council attendant upon his Royal Person or any Principal Officer of his Highness House attendant upon his Office and other which shall happen to be appointed in his Highness Service by his Majesties Commandment shall not be compelled to assemble with the Iustices of Peace or Quorum in any Shire City or Borough or otherwise bounden to do or exercise by Authority of this Act than they be bound to do afore the making of this Act any thing or things contained in this Act to the contrary notwithstanding Prerog Provided also that the Iustices of either Bench § 11. N. 1. Barons of the Kings Exchequer the Kings Attorny and Solicitor and all other Iustices Officers and Ministers being bound to attend at the Terms shall not during their such attendance be compelled to hold or keep any Sessions in the limits divided to them upon the Assembly of the Iustices of Peace as is aforesaid Days And to the intent that the said Iustices Barons § 12. N. 1. and all other Officers and Ministers aforesaid may the better be once in the year at every Assembly aforesaid it is therefore Ordained by Authority of this Act that the Quarter Sessions holden after Easter shall be yearly kept upon the Tuesday next after Low-Sunday in every Shire of this Realm Wales and other the Kings Dominions § 13. N. 1. Provided always Franchise that this Act or any thing therein contained shall not in any wise extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge nor to any Town-Corporate or Liberty within either of the said Counties Palatine having Iustices of Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said Counties Palatine or either of them or within any Town-Corporate situate and being within either of the said Counties Palatine § 13. N. 2. But that the same Issues Fines Forfeitures Amercements Amercements and Penalties and every of them may be assessed taxed extracted returned certifyed and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted returned certifyed and levyed at any time before the making of this Act or should be assessed taxed extracted returned certifyed and levyed if this Act had never béen
in such behalf shall and may at all times hereafter assesse tax extract return levy claim have and enjoy all manner such Issues Fines Amerciaments Forfeitures and other penalties and every of them to all such uses and purposes and in like manner and form in every behalf as they or any of them have lawfully used to do and have or might have done and had at any time before the making of this present Act by vertue of any Grant to them or any of them heretofore made or granted or otherwise by vertue of any Custom or lawful Vsage thereof heretofore used in every behalf this Act or any therein contained to the contrary notwithstanding § 21. N. 1. 34 35 H. 8. C. 1. § 3. N. 4. This Act to continue to the latter end of the next Parliament Days And Viz. if any Printer c. or any Person Books c. be of any the Offences aforesaid viz. printing uttering or using Books or Religion in Interludes Prohibited c. Convicted by sufficient Witness before any two of the Kings Council or the Ordinary of the Diocess where any such offence shall be committed and two Iustices of the Peace of the same Shire where any such Ordinary shall sit within his Diocess for that purpose c. § 3. N. 5. Shall have for the first time Imprisonment Forfeiture c. for three months and also lose c. 10 l. c. § 19. N. 1. And be it further Enacted That if any Spiritual Person c. Preach Religion Teach Defend and Maintain any Matter c. Contrary to the godly Instructions or determinations which since viz. 1540. is or shall be set forth by his Majesty c. being thereof convicted before the Ordinary of that Diocess within the which the said offence shall be committed and two Iustices of the Peace c. shall before the first time be admitted to recant c. § 25. N. 2. And in case any such Iustices being so required Justices c. viz. by the Ordinary on notice of time and place of sitting c. having convenient and reasonable warning and knowledge in writing from the said Ordinary c. do not come to such place and at such time as shall be so appointed having no lawful and just Impediment to the contrary shall forfeit and lose to the Kings Highness for every such Offence 40 s. to be Estreated c. C. 3. § 1. N. 11. And the said Offender viz. in false measure of Coals Talwood Measures Faggots or Billets c. out of the said City Borough or Town to be punished by the discretion of two Iustices of Peace inhabiting within the Shire where the Offence shall be committed or done C. 14. § 2. N. 1. In Consideration whereof Records Viz. of the Incertainty where to have Records of Justices of Peace Goal-delivery Oyer and Terminer c. Be it Enacted c. that the Clerk of the Crown Clerks of Peace and Clerks of Assize c. where any such Attainder Outlary or Conviction viz. of Murder Robbery or other Felony c. shall so be had shall c. not only certify a Transcript c. before the King c. in his Bench at Westminster in the County of Midlesex there to remain of Record forever c. but also shall deliver a Transcript of every such Indictment whereupon the said person c shall fortune hereafter so to be convicted or Clerks attainted to the Ordinary to whom the body of the said person c. shall be committed § 4. N. 1. And be it Enacted Certificate c. that the said Clerk of the Crown in the Kings Bench c. shall at all such times as the Iustices of Goal-delivery or Iustices of Peace in every County within this Realm of England do write unto him for the names of such persons which be so attainted by Outlawry or Clerks attainted or convict and certified in the said Bench of our said Soveraign Lord the King shall incontinently without delay certify the said Names and Sirnames of the said persons with the Causes why and wherefore they were convict or attainted unto the Iustices of Goal-delivery or Iustices of Peace upon the pain c. to forfeit for every Name of such persons which shall be so written for and not certified by the said Clerk of the Crown in the Kings Bench to the said Iustices forty shillings 35 H. 8. Cap. 5. § 1. N. 6 Or viz. none to be arraigned for Offence against 31 H 8. Cap. 14. § 9. Religion N. 2. c. but on Presentment c. before the Iustices of Peace sitting in their Sessions or three of them at the least C. 17. § 7. N. 2. And if the Lord viz. that would inclose Wood of Common Woods c. and the said Tenants and Inhabitants or the most part of them cannot will not or do not assent consent and agree for and upon the severing dividing setting out meeting and bounding of the said fourth part of the said Woods and Vnder-woods Viz. to be left out c. or of as much thereof as shall amount to the full fourth part thereof that then two Iustices of the Peace not being of the Kin Allyance Council or Fee of or to the said Lord or Owner being thereto appointed by the more number of the Iustices of Peace of the Shire where the said Ground or Soyl lyeth in their open Quarter Sessions upon Request and Suit made unto them by the Lord or Owner or by his or their lawful Depuy or Deputies of the said Woods Vnder-woods Grounds or Soyl shall have full Power and Authority to call before them upon such Pains and Penalties as the said Iustices shall limit and appoint such twelve of the said Commons and Inhabitants nigh unto the same Woods or Vnder-woods as by the discretion of the said two Iustices shall be thought meet and convenient Common And upon or after the appearante of the same Lords Owners § 7. N. 3. Commons and Inhabitants or the most part of them the same Iustices shall open and declare unto the same Lord Owner Commons and Inhabitants the Cause of their Assembly and Appearance and that done shall by the Advise and Assent of the said Lord Owner Commons and Inhabitants or their lawful Deputy or Deputies or the most part of them effectually proceed to the severing dividing meeting and bounding of the said fourth part of the said Woods and Vnder-Woods or of so much thereof as shall amount to the fourth part thereof Justices And if the same Iustices Owners § 7. N. 4. Commons and Inhabitants or the most part of them cannot or will not agree upon the Division c. that then the said Iustices shall have full Power and Authority by this Act to sever divide and set out by meets and bounds the fourth part of the said Woods and Vnder-woods or so
much thereof under the same fourth part of the said Woods and Vnder-woods as shall by the Discretions and Wisdoms of the said Iustices be thought necessary and requisite to limit and set out Parliament Statutes made in the Parliament holden at Westminster 37 H. 8. pa. 605. in the seven and thirieth year of the most renowned H. 8. by the Grace of God King of England France and Ireland Defendor of the Faith and of the Church of England and also of Ireland in Earth Supream Head Chancery Where before this time the Lord Chancellor of England for the time being hath by reason of his Office of the Chancellorship Cap. 1. the Nomination and Appointment of the Custos Rotulorum within all and every Shire of this Realm of England and Wales and other the Kings Dominions Marches and Territories of the same 3 4 Ed. 6. Cap. 1 § 2. N. 3. Peace And yet in like manner all and every person which had enjoyed the said Office of the Custos Rotulorum hath had until now of late § 1. N. 2. the nomination and appointment of the Clerk of the Peace within such Shires where he or they had and enjoyed the said Office of Custos Rotulorum Officer And where now of late divers and sundry persons within this Realm being not learned § 1. N. 3. nor yet meet ne able for lack of Knowledge and Learning to occupy and exercise the said Office of the Custos Rotulorum and of the Clerk of the Peace have of late years by labor friendship and means attained and gotten for term of their lives of the Kings Majesty several Grants by his Highness Letters Patents to them made of the Clerkship of the Peace by reason whereof and for that the Parties to whom the said several Grants have been so made and granted have not been sufficiently learned to exercise and occupy the same Office and Offices many and sundry Indictments as well of Felony Murder and other Offences and Misdemeanors and the Process awarded upon the same Indictments have not only been by reason thereof made clearly frustrate and void sometime by reason of the negligent ingrossing and keeping of the said Indictments and sometime by reason of the Imbezelling or Razure of the same Indictments Inrollment But also viz. by ignorant Clerks divers and sundry Bargains and Sales of divers and sundry Mannors Lands and Tenements § 1. N. 4. had and made between party and party have been made frustrate and void for lack of sufficient Inrolment of the Bargains and Sales to be had and made by the Clerks of the Peace to the great hindrance of Iustice and to the Disinheritance of divers of the Kings most Loving Subjects § 2. N. 1. For Reformation whereof Ability to the intent that Iustice may be the better hereafter preserved and that the same Offices may hereafter be occupyed and exercised by such persons learned in the Laws of this Realm as shall be able to exercise and supply the same § 2. N. 2. Be it Enacted by the King our Soveraign Lord Prerog with the Assent of the Lords Spiritual and Temporal and of the Commons in this present Parliament assembled and by Authority of the same that no person or persons shall from henceforth be nominated and appointed to the said Office and Offices of the Custos Rotulorum within any Shire of this Realm of England Wales and other the Kings Dominions Marches or Territories of the same but such as shall have a Bill signed with the Kings hand for the same 3 4 Ed. 6. Cap. 1. § 2. N. 3. Which Bill signed Chancery shall be a sufficient Warrant by the Authority abovesaid to the said Lord Chancellor of England and the Lord Keeper of the Great Seal for the time being to make from time to time Commission or Commissions assigning and authorizing thereby the same person to be Custos Rotulorum untill the King hath by another Bill assigned with his own hand appointed and ordained one other person to have occupy and exercise the same Office of Custos Rotulorum 3 4 Ed. 6. Cap. 1. § 1. N. 2. § 2. N. 4. And that the said person appointed and Assigned to be Custos Rotulorum as is abovesaid shall and may occupy Patents exercise and enjoy the same Office of Custos Rotulorum by himself or by his sufficient Deputy learned in the Laws of this Realm and meet and able to supply the said Office according to the tenor of the said Grant or Commission 3 4 Ed. 6. Cap. 1. § 1. N. 3. § 3. N. 1. And be it further Enacted by the Authority of this present Parliament Peace that every Custos Rotulorum for the time being shall at all times hereafter in every Shire of this Realm Wales and other the Kings Dominions Marches and Territories of the same nominate elect appoint and assign all and every person and person which hereafter shall be Clerks of the Peace within any of the said Shires of this Realm of England Wales and other the Kings Dominions Marches and Territories of the same § 3. N. 2. And to give and grant the said Office and Offices of Clerkship of the Peace Officer to such able persons instructed in the Laws of this Realm as shall be able to exercise and occupy the same to hold and enjoy the same during the term that the said Custos Rotulorum shall occupy and exercise the said Office of Custos Rotulorum so that the said Clerk demean him in the said Office justly and honestly § 3. N. 3. And that it be lawful to every such Grantors of the said Clerkship Deputy to occupy and enjoy the same Office of the Clerkship of the Peace by himself or by his sufficient Deputy instructed in the Laws of this Realm so that the same Deputy be admitted taken and reputed by the said Custos Rotulorum be sufficient and able to exercise occupy keep and enjoy the same Office of the Clerkship of the Peace § 4. N. 1. Provided always and be it Enacted by the Authority aforesaid Patents that all such as now have any of the said Offices of Custos Rotulorum or Clerkship of the Peace by the Kings Letters Patents of Commission to them made shall and may enjoy have and exercise their said Offices by vertue of the same Letters Patents or Commission by themselves or by their sufficient and able Deputy instructed in the Laws of this Realm any thing in this present Act had or made to the contrary notwithstanding § 5. N. 1. Provided also and be it Enacted by Authority abovesaid Franchise that the Arch-Bishop of York the Bishop of Durham the Bishop of Ely and every of their Successors and all and every such person and persons Corporations and Bodies Corporate to whom the Kings Majesty or any of his Noble Progenitors by his or
such Bastard shall be born upon examination of the Cause and Circumstance shall and may by their discretion take order as well for the punishment of the Mother and reputed Father of such Bastard Child as also for the better relief of every such Parish in part or in all 39 Eliz. Cap. 4. § 1. N. 1. 3 Car. 1. Cap. 4. 5. § 15. N. 2. § 2. N. 3. And shall and may likewise by like descretion Poor take order for the keeping of every such Bastard Child by charging such Mother or reputed Father with the payment of mony weekly or other sustentation for the relief of such Child in such wise as they shall think meet and convenient § 2. N. 4. And if after the same Order by them subscribed under their hands Imprisonment any the said persons viz Mother or reputed Father upon notice thereof shall not for their part observe and perform the said Order that then every such party so making default in not performing of the said Order to be committed to Ward to the common Goal § 5. N. 3. And that likewise in every other Market-Town or other Place viz. not Corporate within every County of this Realm Justices whereto the Iustices of Peace or greater part of them in their general Sessions next after Easter within every limit shall be thought meet and convenient a like competent store and stock of Wool Hemp Flax Iron or other Stuff as the Country is most meet for by Appointment and Order of the said Iustices of Peace or the greater part of them in their general Sessions of all the Inhabitants within their several Authorities to be taxed levyed and gathered shall be provided viz. for the Poor § 6. N. 1 And moreover be it Ordained Poor c. that within every County of this Realm one two or more abiding houses or places convenient in some Market-Town or Corporate-Town or other place c. by Purchase Lease Building or otherwise by the appointment and order of the Iustices of Peace or the more part of them in their said general Sessions of Inhabitants within their several Authorities to be taxed levyed and gathered shall be provided and called the house or houses of Correction § 7. N. 1. And be it also further Enacted Officer c. that the said Iustices of Peace or the more part of them in their said general Sessions in every County shall and may appoint from time to time persons which shall be Overseers of every such house of Correction c. § 7. N 2. And shall also Taxes c. appoint others for the gathering of such mony as shall be taxed upon any person c. towards the maintenance of the said houses of Correction § 15. N. 1. Provided always and be it Enacted Justices c. that if any Iustice of the Peace assembled at any the said Sessions next after Easter shall from thence depart before conference had touching the Execution of this Statute he shall for every such Offence forfeit 5 l. to be recovered and levyed as a Fine upon Indictment and Conviction of Trespass c. Information And that Iustices of Oyer and Terminer C. 5. § 4. N. 4. Iustices of Assize in their Circuits and Iustices of Peace in their quarter Sessions shall have full Power and Authority to hear and determine all Offences to be committed or done viz. in Suits upon any Penal Statutes contrary to the true intent and meaning of this present Act. Ways And be it further Enacted c. that all and every Iustices of Assize C. 10. § 9. N. 1. Iustices of Oyer and Terminer Iustices of Peace in the Sessions and Stewards of Leets and Law-days in their Leets and Law-days shall hear and determine all and every Offence Matter and Cause that shall grow come or rise by reason of this Statute viz. of amending High-ways Pope And be it likewise Enacted 23 Eliz. C. 1. § 8. N. 1. that all and every Offences against this Act or against the Acts c. viz. 1 Eliz. Cap. 1. 5 Eliz. Cap. 1. 13. Eliz. Cap. 2. c. touching acknowledging her Majesties supreme Government in Causes Ecclesiastical or other matters touching the Service of God or coming to Church or Establishment of true Religion in this Realm shall and may be inquirable as well before Iustices of Peace as other Iustices named in the same Statutes within one year and a day after every such Offence committed any thing c. notwithstanding Justices And Iustices of Peace in their open quarter Sessions of Peace § 9. N. 2. shall have Power by vertue of this Act to inquire hear and determine of all Offences against this Act except Treason and misprision of Treason Slander And also that all Iustices of Peace as well within Liberties as without C. 2. § 8. N. 1. within the limits of their several Commissions in their general or quarter Sessions shall by vertue hereof have full Power and Authority to inquire of all and every the Offences aforesaid viz. of false News and Prophesies against the Queen c. and to cause the Offender c. therein to be indicted without any further proceeding therein Imprisonment And that also every Iustice of Peace within the limits of his Commission § 8. N. 2. shall have full Power and Authority to commit any person being vehemently suspected of any of the said Offences to Ward unless he do put in Sureties to make his personal appearance at the next quarter Sessions or Goal-delivery c. Days Provided always and be it Enacted c. that no manner of person § 10. N. 1. c. shall be molested or impeached for any the Offences concerning speaking or reporting c. unless he or they be thereof accused within one Month next after such words so spoken or reported before some one Iustice of the Peace and the Witnesses therein to be used named to the same Iustice Proof And the same Accusation and Witnesses Names § 10. N. 2. put in Writing by the said Iustice and certified at the next quarter Sessions or Goal-delivery Drapery For Reformation c. be it Ordained C. 9. § 2. N. 1. c. that all such Log-wood alias Block-wood in whose hands soever the same shall be found c. shall be forfeited and openly burned by Authority of the Mayor c or of two Iustices of Peace of the County where it shall be found Fowl The same Bond viz. not to take Fesant or Partridge in two years to be taken by some Iustice of Peace of the County where the said Offence viz. of undue taking with Nets c. shall be committed C. 10. § 2. N. 6. Justices Provided always and be it further Enacted § 5. N. 1. c. that the Iustices of Assizes in their Circuits and Iustices of Peace in
Statute shall be indicted tryed and proceeded against by and before the Iustices of Assize and Goal-delivery of that County for the time being or before the Iustices of the Court of Kings Bench c. § 27. N. 1. And be it further Enacted that if any Subject of this Realm Religion c. shall not resort or repair every Sunday to some Church Chappel or some other usual Place appointed for Common-Prayer and there hear Divine Service according to the Statute c. viz. 1 Eliz. Cap. 2. § 14. N. 1. that then it shall and may be lawful to and for any one Iustice of Peace of that Limit Division and Liberty wherein the said Party shall dwell upon proof unto him made of such Default by Confession of the Party or Oath of Witnesses to call the Party before him § 27. N. 2. And if he or she shall not make a sufficient Excuse and due proof thereof to the satisfaction of the said Iustice of Peace Proof that it shall be lawful for the said Iustice of Peace to give Warrant to the said Church-warden of the said Parish wherein the Party shall dwell under his Hand and Seal to levy 12 d. for every such Default by distress and sale of the Goods of every such Offender c. § 27. N. 3. And that in default of such distress Justices it shall and may be lawful for the said Iustice of Peace to commit every such Offender to some Prison within the said Shire Division Limit or Liberty wherein such Offender shall be inhabiting until payment be made of the said sum or sums so to be forfeited § 36. N. 2. And all Offences other than Treason shall be inquired Offence heard and determined before the Iustices of Peace in their general or Quarter Sessions to be holden within the Shire Division Limit or Liberty wherein such Offence shall happen C 〈…〉 § 1. N. 5. And such person so discovering the same viz. any Recusant Pope or other which shall entertain or relieve any Jesuit Seminary Popish Priest or any Mass to any Justice of Peace after Conviction of the Offender shall have a Certificate from the Iudges or Iustices of Peace before whom such Conviction shall happen to be directed to the Sheriff or other Officer of the same County Limit or Place that shall seise the Goods or levy the said Forfeiture commanding the said Sheriff or other Officer to pay the same viz. Fifty Pounds to him that so discovered the same out of the monies to be levyed by vertue of the said Forfeitures c. Licence And if any of the persons which are so confined viz. Popish Recusants c. shall have necessary occasion or business to go and travail out of the compass of the said five Miles that then and in every such Case § 7. N 2. upon Licence in Writing in that behalf to be gotten under the Hands and Seals of four of the Iustices of Peace of the sane County Limit Division or Place next adjoyning to the Place of abode of such Recusant with the Privity and Assent in Writing of the Bishop of the Diocess or of the Lieutenant or of any Deputy Lieutenant of the same County residing within the said County or Liberty under their Hands and Seals Oath It shall and may thereupon be lawful for every such person so licenced § 7. N. 4. to go and travail about such their necessary business and for such time only for their travailing attending and returning as shall be comprized in the said Licence the said Party so licenced first taking his Corporal Oath before the said four Iustices of Peace or any of them who shall have Authority by vertue of this Act to punish the same that he hath truly informed them of the cause of his Iourny and that he shall not make any causeless stays Ouster le mere Be it further Enacted § 17. N. 2. c. that if any of the said persons viz. Popish Recusants no Merchants Factors Apprentices Souldiers nor Mariners so gone beyond the Seas without Licence which are not yet returned shall not within six Months next after their return into this Realm then being of the Age of eighteen years or more take the Oath c. viz. of Allegiance before some Iustice of Peace of the County Liberty or Limit where such person shall inhabit or remain that then every such Offender shall take no Benefit by any Gift Conveyance Discent Devise or otherwise of or to any Lands Tenements Hereditaments Goods or Chattels until he or they being of the said Age of eighteen years or above take the said Oath Justices And that it shall be lawful for any two Iustices of Peace within the Limits of their Iurisdiction or Authority and to all Mayors § 26. N. 1. Bailiffs and chief Officers of Cities and Towns-Corporate in their Liberties from time to time to search the Houses and Lodgings of every Popish Recusant convict or of every person whose Wife is or shall be a Popish Recusant convict for Popish Books and Reliques of Popery Pope And that if any Altar Pix Beads § 26. N. 2. Pictures or such like Popish Reliques or any Popish Book or Books shall be found in their or any of their Custody as in the Opinion of the said Iustices Mayor Bailiffs or Chief-Officer as aforesaid shall be thought unmeet for such Recusant as aforesaid to have or use the same shall be presently defaced and burnt if it be meet to be burned Religion And if it be a Crucifix or other Relique of any Price § 26. N. 3. the same to be defaced at the general Quarter Sessions of the Peace in the County where the same shall be found and the same so defaced to be restored to the Owner again War And be it also Enacted c. that all such Armor § 27. N. 1. Gun-powder and Munition of whatsoever kinds as any Popish Recusant convict within this Realm of England hath or shall have in his house c. or elsewhere or in the Hands or Possession of any other at his or their disposition shall be taken from such Popish Recusant by Warrant of four Iustices of Peace at their general or Quarter Sessions to be holden in the same County where such Popish Recusant shall be resident other than such necessary Weapons as shall be thought fit by the said four Iustices of Peace to remain and be allowed for the defence of the person or persons of such Recusant or for the defence of his her or their house or houses Justices And that the said Armor and Munition so taken § 27. N. 2. shall be kept and maintained at the Costs of such Recusants in such places as the said four Iustices of Peace at their said Sessions of Peace shall set down and appoint § 28. N. 1. And be it further enacted c. that if any such
shall be troublesome unto the Country by going abroad or otherwise shall escape away from the said house of Correction before they shall be from thence lawfully delivered that then the said Iustices shall set down such Fines and Penalties upon the said Master and Governors as the most part of them in their Quarter Sessions shall think fit and convenient C. 6. § 6. N. 1. All and every Temporal Iudge Iustices of Peace Oath and every other person c. that doth or shall receive any Fee of your Highness your Heirs and Successors viz. shall take the Oath of Allegiance before the Lord Chancellor c. Lord Treasurer Lord Admiral Lord Warden of the five Ports for the time being or one of them or before one of the Chief Iustices c. or before the Iustices of Assize of the same County where the Parties reside or other such persons as the Lord Chancellor c. shall thereunto Authorize § 26. N. 2. And viz. it shall be lawful to and for any two Iustices of Peace within any County City or Town-Corporate whereof one to be of the Quorum Justices to require any person or persons of the Age of eighteen years or above under the degree of a Baron or Baroness to take the said Oath § 26. N. 4. And if any person or persons whatsoever of and above the said Age Pope and under the said Degree c. shall stand and be presented indicted or convicted for not coming to Church or receiving the Holy Communion c. according to the Laws and Statutes of this Realm before the Ordinary or any other having lawful Power to take such Presentment or Indictment or if the Minister Pety-Constable and Church-Wardens or any two of them shall at any time hereafter complain to any Iustice of Peace near adjoyning to the Place where any person complained of shall dwell and the said Iustice shall find cause of Suspition that then any one Iustice of Peace within whose Commission or Power such person shall at any time hereafter be or to whom Complaint shall be made as aforesaid shall upon notice thereof require such person or persons to take the said Oath Imprisonment And that if any person or persons being of the Age of eighteen years or above § 26. N. 5. shall refuse to take the said Oath duly tendered to him or her according to the true intent and meaning of this Statute that then the persons authorized by this Law to give the said Oath shall and may commit the said Offender to the Common Goal there to remain without Bail or Mainprize until the next Assizes or general Quarter Sessions to be holden for the said Shire Division Limit or Liberty where the said Oath shall be again in the said open Sessions required of such person by the said Iustices of Assize or Iustices of the Peace then and there present or the greater number of them Oath And if the said person § 26. N. 6. c. shall refuse to take the Oath being tendered to him or her by the said Iustices of Assize and Goal-delivery in their own Assizes or Goal-delivery or the Iustices of Peace or the greater part of them in their general or Quarter Sessions every person so refusing shall incur the Danger and Penalty of Premunire mentioned in a Statute c. viz. 16 Rich. 2. Cap. 5. § 2. N. 6. except Women Covert who shall be committed only to Prison there to remain without Bail or Mainprize till they will take the said Oath Drapery For the preventing and reformation c. viz. of Deceits C. 7. § 2. N. 1. c. be it Enacted c. that all c. who shall unjustly falsely or deceitfully convey away imbezil purloyn sell or detain any part of the Wool or Yarn delivered by any Clothier Maker of Bays Says or by any other person c. making such Cloths or Stuffs to any such Sorter Carder Kember Spinster or Weaver of Wool or Yarn that in every such Case and Cases as well the Sorter Carder Kember Spinster and Weaver so offending as the Buyer c. Receiver c. of the same knowing the same being thereof lawfully convicted by Confession of the Party c. so offending or by one sufficient Witness upon Oath before two or more of the Kings Majesties Iustices of the Peace of the same County or Liberty where the same Offence c. shall be committed or if it be within a Town-Corporate before the Mayor Bayliff or Chief-Officer and one more of the Aldermen or most substantial persons of the said Town Justices Who shall by force of this Act have full Power and Authority to minister the same Oath § 2. N. 2. and finally to hear and determine all and every the Offences aforesaid Damages Shall give and make to the Party c. grieved § 2. N. 3. such recompence and satisfaction for such their damage and loss as by the said Iustices or Chief-Officers shall be ordered and appointed Fowl For the preventing c. viz. of Destruction of Corn C. 11 § 2. N. 1. Partridge and Phesants c. be it Enacted c. that all c. which c. doth or shall hawk or destroy or kill any Phesant c. or Partridges with any kind of Hawk c. or Dogs by colour of hawking between the first day of July and the last day of August and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of two sufficient Witnesses upon Oath before two or more Iustices of Peace of the said County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the Offence shall be committed or the Parties apprehended Days Provided that no Offenders shall be impeached or punished by vertue of this Act § 4. N. 1. unless he or they be accused as delinquent before the said Iustices of Peace within six Months next after the said Offence c. committed or done Imprisonment Be it therefore further Enacted c. that all c. which c. shall take § 8. N. 1. kill or destroy any Phesant or Partridge with setting Dogs and Nets or otherwise with any manner of Nets Snares or Engines and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of one sufficient Witness upon Oath before two or more Iustices of the Peace of the same County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the said Offence shall be committed or the Party apprehended § 8.
sometimes do falsely take upon them the names of other men of good ability of purpose to enable themselves to be accepted for Bail which persons being of small or no ability or worth are ready for Lucre and Gain to become bound by Recognizance as Sureties for such persons as shall procure themselves to be bound to the Peace or Good-behavior as aforesaid by means whereof the Iudge or Iudges of the said Courts not knowing them may be easily abused and Iustice deluded Coron Be it therefore Enacted by the Authority aforesaid § 5. N. 1. that the Iudge or Iudges of the Courts aforesaid respectively or either of them upon proof of any the misdemeanors aforesaid to be committed in the obtaining of the aforesaid Writs of Supersedeas or procuring such Sureties as aforesaid shall and may likewise punish the false and insufficient Sureties and Bailers aforesaid and the Procurors thereof according to their discretions so as such Punishment extend not to the loss of Life or Member Indictment And whereas divers Bills of Indictments of Riot § 6. N. 1. forcible Entry or of Assault and Battery being found before the Iustices of Peace at the Quarter Sessions of the Peace or otherwise are oftentimes removed from the Counties where such Indictments are found by Writs of Certiorari unto them directed out of the said Courts by or by the means of the persons so indicted who well know that few or no persons grieved by such their Outrages and Misdemeanors whereof they stand so indicted will undergo the travail or charge of Prosecution of such Indictment so removed by bringing the Parties so indicted to tryal by means whereof such Offenders for the most part escape unprosecuted or unpunished and the King loseth the Fines which ought and should have been imposed upon them if such Iudgements had been prosecuted and not removed § 7. N. 1. Be it therefore Enacted Certiorari that all such Writs shall from and after the end of this present Session of Parliament be delivered at some Quarter Sessions of the Peace in open Court § 7. N. 2. And that the Parties indicted Bail shall before the allowance of such Certioraries become bound unto such person or persons which shall prosecute such Bills of Indictment against them in the sum of ten pounds with such sufficient Sureties as the Iustices of Peace at their Quarter Session of the Peace shall think fit with Condition to pay unto the said Prosecutors of such Bills of Indictment within one Month after the Conviction of such Parties indicted such reasonable Costs and Damages as the said Iustices of Peace of such Counties where such Bills of Indictment shall be found in the said Sessions of the Peace shall assess or allow § 7. N. 3. And that in Default thereof Certiorari it shall be lawful for the said Iustices to proceed to Tryal of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding C. 12. § 4. N. 1. And whereas notwithstanding the said Statute viz. 7 Jac. Cap. 5. § 1. N. of Justice of Peace pleading the General Issue Justices and giving special matter in Evidence the Plaintiff is at liberty to lay his Action which he shall bring against any Iustice of Peace or other Officer in any Foreign County at his choice which hath proved very inconvenient unto sundry c. that have been impleaded by some contentious and troublesome persons in Counties far remote from their place of Habitations § 5. N. 1. Be it therefore Enacted c. that if any Action Bill Information Plaint or Suit upon the Case Trespass Battery or false Imprisonment shall be brought c. against any Iustice of Peace Mayor or Bailiff of City or Town-Corporate Head-borough Portreeve Tythingman Constable Collector of Subsidy or Fifteens Church-wardens and persons called Sworn-men executing the Office of Church-warden or Overseer of the Poor and their Deputies or any of them or any other which in their Aid and Assistance or by their Commandment shall do any thing touching or concerning his or their Office c. for or concerning any Matter Cause or Thing by them or any of them done by vertue or reason of their or any of their Office c that the said Action c. shall be laid within the County where the Trespass or Fact shall be done and committed and not elsewhere Cap. 15. Be it Enacted c. that such Iudges Force Iustices or Iustice of Peace as by reason of any Act c. viz. 5 Rich. 2. Cap. 7. 15 Rich. 2. Cap. 2. 8 H. 6. Cap. 9. 31 Eliz. 11. c. now in force are authorized and enabled upon Inquiry to give Restitution of Possession unto Tenants of any Estate of Free-hold of their Lands or Tenements which shall be entred upon with Force or from them witholden by force shall by reason of this present Act have the like and the same Authority and Ability from henceforth upon Indictment of such forcible Entries or forcible witholdings before them duely found to give like Restitution of Possession unto Tenants for term of years Tenants by Copy of Court-Roll Gardians by Knights Service Tenants by Elegit Statute-Merchant and Staple of Lands or Tenements by them so holden which shall be entred upon by force or holden from them by force C. 18. § 4. N. 3. It shall be lawful for any two or more Iustices of the Peace within the County or within the City Drapery Borough or Town-Corporate where such deceivable Cloth viz. with Flocks Thrums Noyles and Hairs c. shall be made or suspected to be made upon Information or Complaint of any of the said Overseers c. Searchers or any other of their Knowledge or Suspition of any such Offence to grant their Warrant to call before them any person or persons whatsoever that shall be thought in their discretions fit to discover any such Offence Proof And to examin upon Oath such person § 4. N. 4. c. for the tryal and better finding out of the Offence aforesaid and if upon Examinations it shall be found by Testimony of two Witnesses or more or by the Confession of the Party or Parties offending that any such Offence c. have been committed as aforesaid then the Party c. that shall so confess his or their said Offence c. or who shall be found to have offended shall remain convicted of such his Offence c. Certificate And that then it shall and may be lawful for the said two Iustices § 4. N. 5. to certifie such Offence c. unto the Church-wardens and Overseers for the time being of the Poor of the Parish c. where such deceivable Cloth c. shall be made under the Hands and Seals of the said Iustices Process And be it further Enacted § 5. N. 1. c. that immediately from and after such Certificate
or Hamlet where the Offence shall be committed or the Party apprehended to be openly whipped for the said Offence as the said Iustice or Iustices shall limit or appoint § 3. N. 1. And be it Enacted Constable c. that if any Constable or inferior Officer shall neglect to execute the said Precept or Warrant or do refuse or do not execute by himself or some other to be by him appointed upon the Offender the Punishment limited by this Statute that in that Case it shall and may be lawful for the said Mayor Bailiff Iustice or Iustices of Peace or other Head-Officer to commit the Constable or other inferior Officer so refusing or not executing c. to the Common Goal of the said County City or Town Corporate there to remain without Bail or Mainprize until the said Offender c. shall by the said Constable c. be punished and whipped as is above limited and declared or until he or they so neglecting or refusing shall have paid the sum of 40 s. c. § 4. N. 1. And be it further Enacted that if the said Offender Ale c. being an unlicenced Ale-house-keeper shall offend in any the Premises the second time and be thereof lawfully convicted in manner and form aforesaid that then the said Mayor Bailiff Iustice or Iustices of the Peace or other Head-Officer shall commit him her or them unto the house of Correction there to remain for the space of one Month and be dealt withal as idle and disorderly persons § 4. N. 2. And if such shall again offend and be thereof convicted as aforesaid Imprisonment that then the said Offender c. for every such Offence shall be committed unto the said House of Correction as aforesaid there to remain until by the Order of the Iustices in their General Sessions for the County City Borough or Franchise he she or they shall be delivered from thence § 5. N. 1. Provided always that such Process c. as shall be punished by vertue of this Act shall not be punished again for the same Offence by the former Act c. viz. 5 6. Ed. 6. Cap. 25. § 4. N. 5. § 5. N. 2. And that such Information c. as shall be punished by vertue of the before mentioned Act viz. 5 6 Ed. 6. Cap. 25. § 4. N. 5. shall not be punished again for the same Offence by vertue of this present Act nor any thing there contained C. 4. 5. § 15. N. 1. And so much of an Act Bastardy c. viz. 18 Eliz. Cap. 3. § 2. N. 1. as concerneth Bastards begotten out of lawful Matrimony viz. continued to the next Parliament c. §. 15. N. 2. With this Justices that all Iustices of Peace within their several Limits and Precincts and in their several Sessions may do and execute all things concerning that part of the said Statute viz. 18 Eliz. Cap. 3. § N. that by the Iustices of Peace in the several Counties are by the said Statute limited to be done Apprentices And be it Enacted § 22. N. 9. that all persons to whom the overseers of the Poor shall according to the said Act viz. 43 Eliz. Cap. 2. § N. bind any Children Apprentices may take receive and keep them as Apprentices and also the Church-wardens and Overseers of the Poor mentioned in the said Act c. may by and with consent of two or more Iustices of the Peace whereof one to be of the Quorum within their respective Limits wherein shall be more Iustices than one and where no more shall be than one with the Assent of that one Iustice of the Peace set up use and occupy any Trade Mistery or Occupation only for the setting on work and better relief of the Poor of the Parish Town or Place of or within which they shall be Church-wardens or Overseers of the Poor any former Statute to the contrary notwithstanding Measures Viz. Keeping of Measures Or Weights other than according to the Standard of Exchequer forfeits five shillings 16 17 Car 1. C. 19. § 2. N. 4. being thereof lawfully convicted by the Oath of one sufficient Witness before any Iustice of Peace Mayor or other Head-Officer c. respectively where the said offence shall be committed who by vertue of this Act shall have Power to administer an Oath in that behalf Imprisonment And in default of such distress § 2. N. 3 it shall be lawful for any Iustices of Peace Mayor or other Head-officer c. to commit the said Party to the Prison or Goal there to remain without Bail or Mainprize until he shall pay such sums of mony forfeited as aforésaid Justices Provided also that no Iustice or Iustices of the Peace Mayor § 8. N. 1. Bailiff or other Head-officer c. or any other authorized by this Statute for the due Execution thereof in any point shall be sued impleaded or otherwise impeached for doing or executing their said Offices respectively Pleading And if any Suit c. shall be commenced against them § 8. N. 2. their Agents and Assistants touching the Premises that then it shall and may be lawful for them c. to plead the general Issue not guilty and to give this Statute in Evidence or any other special matter in Evidence Statuta Car. 2. Ale PRovided always c. that the Lord Treasurer 12 Car. 2. C. 23 § 29. N. 1 c. shall not within six Months after the commencement of this Act viz. of Excise on Beer Ale Syder c. to his Majesty for Life treat conclude or agree with any c. touching the farming of this duty upon Beer and Ale in any the respective Counties or Places of this Realm or Dominions thereof other than with such persons c. as by the Iustices of Peace of the said Counties or Places or the major part of them at their publick Quarter Sessions shall be nominated and appointed in that behalf which person c. is to have the first refusal of any such Farm respectively and may take the same any thing c. notwithstanding 12 Car. 2. Cap. 24 § 43. N. 1. Leases Provided §. 30. N 1. that the said Duty shall not be let to any other person or persons than to the person or persons recomended by the Iustices under the rate that it shall be tendered to and refused by such person c. so recomended 12 Car. 2 Cap. 24. § 44. N. 1. Forfeiture And all such Forfeitures and Offences made and committed within all or any the Counties Cities § 31. N. 3. Towns or Places within this Kingdom or Dominions thereof shall be heard and determined by any two or more of the Iustices of the Peace residing near the Place where such Forfeitures shall be made or Offence committed 12 Car. 2. Cap. 24. § 45. N. 3. Justices
due Imployment of such Charitable Gifts according to the true intent and meaning of the Donors thereof except Gifts to the aforesaid Vses made in any Colledge Hall Frée-School or Hospital which have Visitors of their own and also to Hear and Determine all Offences Defaults and Defects in Surveyors or others concerning the Premisses Error Provided that if any Person be agrieved with such Order §. 15. N. 1. they shall have Liberty to appeal to the Court of Chancery as in the Case of a Decrée made upon the Statute viz. 43 Eliz. 4. of Charitable Vses Certiorari And be it further Enacted c. That § 16. N. 1. c. no Certiorari shall be allowed to remove any Information Indictment Presentment Order or other Procéedings in the Quarter Sessions of for or concerning any matter or thing in this Act unless the Party or Parties against whom any such Information Indictment Presentment Order or other Proceeding shall be had by Vertue of this Act shall before the Allowance of such Certioraries become bound to the Person or Persons prosecuting in the Sum of xl l. with sufficient Sureties as the Iustices of Peace at their said Quarter Sessions of the Peace shall think fit with Condition to pay unto the said prosecutors within one month after the Conviction of such parties Indicted their full Costs and Damages to be ascertained upon their Oaths and that in default thereof it shall be lawful for the said Iustices to proceed to Tryal of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding C. 7. § 7. N. 1. And be it further Enacted c. That it shall and may be lawful Leather to and for the Masters and Wardens of the Cordwainers Sadlers Girdlers and Curriers of the City of London c. and to and for all Iustices of the Peace Mayors and Chief Officecs of Corporations within this Realm c. Wales c. as well by Land as by Water to search for and seize any Leather or raw Hides wrought or unwrought cut or uncut packed up or unpacked intended or purposed to be Transported by any person c. Into any parts beyond the Sea or into Holland other then Calves skins and Shéep skins c. C. 9. § 2. N. 6. And the said two Iustices viz. next Parish of Poor and maimed Officer in the late Wars c. upon the Examination of the truth of such Certificate Poor viz. of Captain or Commission Officer c. which the said two Iustices are hereby Impowered to take upon Oath of the Party and of such Witnesses as he shall produce shall by Warrant unto the Treasurer Assign him relief until the next Quarter Sessions to be holden for that County or Liberty at which time a yearly Pension shall be by the said Iustices or the major part of them granted in manner and form and with power of Revocation or Alteration as by the said Statute viz. 43 Eliz. 3. § N. is further declared and directed C. 10. § 4. N. 1. And be it further Enacted c. that the several Constables and other Officers Taxes who are hereby Authorized to take the Account of the aforesaid Hearths Stoves within their particular Limits as aforesaid shall at the next Quarter Sessions after the last day of May to be holden for their respective Counties deliver all such Accounts in Writing as they shall receive reform or take by their own view unto the Iustices of the Peace in their respective Quarter Sessions of the said Counties together with a true note of the Names of all such Persons who shall refuse or neglect to give unto them an account under their Hands of such Hearths and Stoves within their respective Houses Edifices Chambers and Lodgings as aforesaid § 5. N. 1. And be it further Enacted That the said Iustices of the Peace shall cause all the said Accounts of the several Hearths and Stoves Account within the respective Counties to be Inrolled by the Clerk of the Peace of the said respective Counties Ridings in York-Shire and Divisions in Lincolnshire and also a Duplicate thereof in parchment under the Hands and Seals of thrée or more of the Iustices of Peace of the respective Counties and Places aforesaid who are hereby required to sign the Sum to be returned into His Majesties Court of Exchequer within one month next after such Account delivered unto them at their respective Quarter Sessions aforesaid N. 2. Vpon pain that the Clerk of the Peace of every such County Riding Forfeiture or Division respectively offending therein shall forfeit to his Majesty his Heirs and Successors the Sum of two Hundred pounds for the first month and for the second month he shall so neglect every such Clerk of the Peace shall forfeit and lose his or their Place and Office and the same shall become void accordingly c. § 18. N. 1. Provided always and be it hereby Enacted Poor That if the Church-wardens and Overséers of the Poor of the Parish together with the Minister of the same or any two of them whereof the Minister to be one shall in Writing under their Hands yearly Certifie their belief that the House wherein any Person doth Inhabit is not of greater value then of twenty shillings per Annum upon the full Improved Rent and that neither the Person so Inhabiting nor any other using the same Messuage hath useth or occupieth any Lands or Tenements of their own or others of the yearly value xx s. per Annum nor hath any Lands Tenements Goods or Chattels of the value of Ten pounds in their own possession or in the possession of any other in trust for them that then in such Case upon such Certificate made by the two next Iustices of the Peace and allowed for which Certificate and Allowance no fée shall be paid the person on whose behalf such Certificate is made c. shall not be returned by the Constable or other Officer and the said house is hereby for that year discharged of and from all the Duties by this Act Imposed Merchants Be it Enacted c. That where any Officer C. 11. § 6. N. 5. c. viz. in Execution of this Act against concealing of Customes c. shall be by any person c. Armed with Club or any manner of Weapon forcibly hindered afronted abused beaten or wounded c. either on Board any Ship or Vessel or upon the Land or Water in the due execution of their Office all and every person c. so refusing afronting abusing beating or wounding the said Officer c. or their Deputies or such as shall act in their Aid or Assistance shall by the next Iustice of Peace or other Magistrate be committed to Prison there to remain till the next Quarter Sessions Process And the Iustices of Peace of the said Quarter Sessions N. 6. shall and are hereby Impowered
Certified into the Exchequer together and not one without the other and no Iustite shall or may be questioned or accountable for the same in the Exchequer or elsewhere then in the Quarter-Sessions c. § 3. N. 2. And if the said Preacher or Teacher so Convicted be a Stranger Process or his Name and Habitation not known or is fled and cannot be found or in the Iudgment of the Iustice Iustices or Chief Magistrate before whom he shall be Convicted shall be thought unable to pay the same the said Iustice c. are hereby Impowered and required to Levy the same by Warrant as aforesaid upon the Goods and Chattels of any such Persons who shall be present at the same Conventicle any thing in this or any other Act Law or Statute to the contrary notwithstanding c. § 6. N. 1. Provided also and be it further Enacted Error That in all Cases of this Act where the Penalty or Sum charged on any Offender excéeds the Sum of Ten shillings and such Offender shall find himself agrieved it shall and may be lawful for him within one Week after the said Penalty or Money charged shall be paid or Levied to appeal in writing from the Person c. Convicting to the Iudgment of the Iustices of the Peace in their next Quarter-Sessions N. 2. To whom the Iustice Justices c. that first Convicted such Offender shall return the Money Levied upon the Appellant and shall Certifie under his and their Hands and Seals the Evidence upon which the Conviction past with the whole Record thereof and the said Appeal N. 4. And in Case such Appellant shall not prosecute with Effect Costs or if upon such Tryal he shall not be acquitted or Iudgment pass not for him upon his said Appeal the said Iustices at the Sessions shall give trebble Costs against such Offender for his unjust Appeal N. 5. And no other Court whatsoever shall Intermeddle with any Cause or Causes of Appeal upon this Act Certiorari but they shall be finally determined in the Quarter-Sessions only § 7. N. 1. Provided alwayes and be it further Enacted Recognizance That upon the delivery of such Appeal as aforesaid the person Appellant shall enter before the person c. Convicting into a Recognizance to prosecute the said Appeal with effect N. 2. Which said Recognizance the Person c. so Convicting Certificate is hereby Impowered to take and required to Certifie the same to the next Quarter-Sessions N. 3. And in Case no such Recognizance be Entred into Bail the said Appeal to be null and void § 9. N. 1. And be it further Enacted c. That the Iustice c. of the Peace and Chief Magistrate respectively or the respective Constables Process Headboroughs and Tithingmen by Warrant from the said Iustice c. shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial to enter break open and enter into any House or other place where they shall be Informed any such Conventicle as aforesaid is or shall be held as well within Liberties as without N. 2. And take into their Custody the Persons there unlawfully Assembled Imprisonment to the Intent they may be proceeded against according to this Act. N. 3. And that the Lieutenants or Deputy-Lieutenants or any Commissioned Officer of the Militia or other of his Majesties Forces War with such Troops or Companies of Horse and Foot and also the Sheriffs and other Magistrates and Ministers of Iustice or any of them jointly or severally within any the Counties or Places within c. viz. England Wales or Berwick with such other Assistance as they shall think méet or can get in readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Iustice of the Peace or Chief Magistrate of his particular Information or knowledge of such unlawful Méeting or Conventicle held or to be held in their respective Counties or Places and that he with such Assistance as he can get together is not able to suppress and dissolve the same shall and may and are hereby required and enjoyned to repair unto the Place where they are so held or to be held and by the best means they can to dissolve dissipate or prevent all such unlawful Méetings and take into their Custody such and so many c. as they shall think fit c. Priviledge Provided alwayes that no Dwelling House of any Peer of this Realm §. 10. N. 1. where he or his wife shall then be resident shall be searched by vertue of this Act but by Immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one Deputy-Lieutenant or two Iustices of Peace whereof one to be of the Quorum of the same County or Riding Constable And be it further Enacted c. That if any Constable Headborough § 11. N. 1 Tythingman Church-warden or Overséer of the Poor who shall know or be credibly Informed of any such Meeting c. held within his Precincts Parishes or Limits and shall not give Information thereof to some Iustice of the Peace or the Chief Magistrate and endeavour the Conviction of the Parties according to his duty but such c. or any c. lawfully called in aid c. shall wilfully and wittingly omit the performance of his duty in the Execution of this Act and be thereof Convicted in manner aforesaid he shall forfeit c. Five pounds c. Justices And that if any Iustice of Peace or Chief Magistrate shall wilfully and wittingly omit the performance of his duty in the Execution of this Act N. 2 he shall forfeit c. one hundred pounds c. Certificate And in Case any Person offending against this Act § 13. N. 3. shall be an Inhabitant in any other County or Corporation or fly into any other County or Corporation after the Offence Committed the Iustice of Peace or Chief Magistrate before whom he shall be Convicted as aforesaid shall Certifie the same under his Hand and Seal to any Iustice of Peace or Chief Magistrate of such other County or Corporation wherein the said Person or Persons are Inhabitants or are fled into Process Which said Iustice or Chief Magistrate respectively N. 4. is hereby Authorized and required to Levy the Penalty c. in this Act mentioned upon the Goods and Chattels of such Person c. as fully as the said other Iustice of Peace might have done in Case he or they had been Inhabitants in the place where the Offence was Committed Measures Viz. the xl s. forfeit by Selling Corn or Salt c. by unsealed Measures C. 8. § 2. N. 3. c. to be Levied in such manner and such other Penalties for
such Order touching the same as the Iustices shall then make and upon his refusal so to be bound to commit to the Goal there to remain without Bail or Mainprise until he shall become bound by such Recognizance N. 3. And at the said Quarter-Sessions whether he shall there appear or make default Process yet the Iustices then shall summarily procéed to the Examination of the matter complained of and if upon Oath of one or more Witness or Witnesses or any other Evidence the Court shall be satisfied that he doth unjustly detain any such Monies the Court shall adjudge and order the payment of the same presently together with the penalty hereby appointed for not paying thereof and such Costs for the prosecution of the same as the Court shall think fit and if he shall not presently pay the same accordingly to the said Chamberlain of London or his Attornies or Agents or some of them shall Commit him to the Goal if he be there present there to remain without Bail or Mainprise until he shall observe the said Order of Sessions N. 4. And if he shall be absent That then they shall grant their Warrant for the Apprehending or Committing of him to the Goal Imprisonment there to remain until he pay the Money so ordered and that if he cannot be taken then for the distraining of his Goods and Chattels and sale of the same rendring the overplus whereby the Monies so ordered may be answered and paid N. 5. And that the definitive Order of the said Iustices shall be final as touching the matter complained of or contained in such Order Certiorari from which there shall be no Appeal or Review nor shall any Writ of Error or Certiorari lye for the Removal or Reversal of the same nor shall the same be any wayes Impeached C. 17. 11 § 6. N. 1. And that the Parties offending therein viz. not yielding obedience to Orders in London for Drayning Paving and other works c. contrary to this Act London shall and may be procéeded against and thereof Convicted by Indictment at the next Sessions of the Peace to be held for the said City and Liberties thereof according to his or their several Offences unless they shall submit to the Iudgment and Censure of the Persons so to be Authorized and Appointed as aforesaid or any Seven or more of them and shall satisfie and pay such mulct or penalty as by them shall be Set and Imposed for such Offence into the Chamber of the City of London c. Poor And that the Officers of the said Corporations Erected and Constituted viz. for the Poor by 13 14 Car. 2. 12. in pursuance of the said Act C. 18. 12 § ◠N. 3. and their Treasurers shall make and give Quarterly Accounts to the Iustices of the Peace who are hereby required to demand and call for the said Accounts and are not to raise any more Monies upon any new Certificates whatsoever until there be a just Account given to and allowed by the Iustices of the Peace aforesaid according to the true Intent and meaning of the said former and this present Act. License And be it further Enacted that no Drover from and after c. viz. 24 June Cap. 19. 18. 1671. shall be licensed appointed or assigned by the Iustices of Peace in their Quarter-Sessions or otherwise within London and Westminster or fourscore Miles c. and that all such Licenses shall be null and void any former Law c. notwithstanding Justices And that c. viz from 24. June § 5. N. 1. 1671. It shall not be lawful for any Iustices of the Peace at their Quarter-Sessions or otherwise to License any Person to be a Drover who doth use or Exercise the Profession or Trade of a Grasier or Butcher nor any other Person or Persons whatsoever unless the Person or Persons so Licensed shall become bound to his Majesty his Heirs and Successors with two sufficient Sureties of the same County Division or Place where such License shall be obtained by a Recognizance in such Sum as the said Iustices shall think fit not to sell any Cattel by him or them to be bought within the distance of sixty miles from the place where he bought the same Recognizance And that the Person so Licensed shall be known to the said Iustices or some of them to be of sufficient Estate and Ability to answer the Penalty of such Recognizance in case he shall Incur the forfeiture thereof N. 2. Information But nevertheless for preventing of vexatious Informations and Prosecutions by Colour of this Act. § 7 N. 1. Costs Be it further Enacted N. 2. That if upon any Information or other Prosecution grounded upon this Act it shall appear to the Iustices before whom the said Cause shall be brought that any such Information or Prosecution was promoted only for vexation and without any reasonable Cause the said Iustices shall and are hereby required by vertue of this Act to Award to the Party so unjustly accused or prosecuted treble Costs to be occasioned by such vexatious Prosecution the same to be recovered by Action of Debt or upon the Case wherein no Essoin Protection or Wager of Law shall be allowed Cattle And be it further Enacted § 8. N. 1. c. that the Iustices of the Peace in every County Riding Division City or Town Corporate within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed at their Quarter-Sessions shall have full Power and Authority by vertue of this Act to enquire hear and determine all and every the Defaults and Offences in buying or selling of Cattle committed contrary to this Act or any other Law or Statute now in Force within the County Riding Division City or Town Corporate where any such Offence shall be Committed by Inquisition Presentment Bill or Information before them exhibited and to make process thereupon Execution And upon Conviction of the Offender to make extracts of the one moiety of the Forfeitures to be Levied to the Kings use as they use to do of other Fines N. 2. Issues and Amercements grown in Sessions of the Peace and to award Execution of the other moiety to the Informer or Prosecuter by Fieri facias or Capias as the Kings-Bench at Westminster may do and use to do Certiorari And be it Enacted § 9. N. 1. c. That no Certiorari shall be allowed to remove any Information or other procéedings in the Quarter-Sessions for or concerning any matter or thing in this Act or before recited Acts viz. 2. 3. Ed. 6. 15. 3. 4. Ed. 6. 20. 15. Car. 2. 8. or any of them but the Iustices of the Peace then present shall procéed thereupon any Writ or Writs of Certiorari notwithstanding Imprisonment Be it therefore Enacted C. 20. 7. § 1. N.
viz. in Fishing or watering Hemp in the Severn c. shall be punished for any of the Offences aforesaid unless by Information or Indictment before his Majesties Iustices of Assize and Nisi prius Oyer and Terminer and General Goal Delivery or in the General Sessions of the Peace to be holden for the said County respectively wherein the same shall be Committed N. 2. And upon Conviction of any Person c. for any of the Offences aforesaid Execution viz. Fishing or watering Hemp in the Severn the said respective Courts shall Award Execution for the said Forfeitures the one moiety thereof to the use and benefit of the Poor of the Parish where the said Offence shall be Committed and the other moiety to such person or persons as shall prosecute the same by Fieri facias or Capias ad satisfaciendum as the Kings Majesties Iustices at Westminster may and use to do Statuta 31 32 Car. 2. 31 Car. 2. 2. § 21. N. 2. BE it therefore Enacted Imprisonment That where any person shall appear to be Committed by any Iudge or Iustice of the Peace and charged as Accessory before the Fact to any Petty Treason or Felony or upon suspition thereof or with suspition of Petty-Treason or Felony which Petty-Treason or Felony shall be plainly and specially expressed in the Warrant of Commitment that such person shall not be removed or Bailed by vertue of this Act or in any other manner then they might have béen before the making of this Act. Statuta 32 Car. 2. 32 Car. 2. 1. § 3. N. 1. BE it therefore Enacted c. viz. to avoid Travel c. That Drapery c. where no Iustice of Peace shall reside or to be found in any Parish where any Party shall be Interred the Oaths and Affidavits viz. 30 Car. 2. 3. § 4. N. 2. of Burying in Woolen c. may be Administred not only by any Iustice of the Peace or Master of Chancery Ordinary or Extraordinary Mayor Bayliff or other Chief Officer of the City County Borough Corporation or Market Town in the County where any Party was Buried But also that the Parsons Vicars and Curates in every Parish or Chappel of Ease within the County where any Party shall be Interred except only the Parson Vicar and Curate of the Parish or Chappel of Ease where the Party is Interred concerning whose Interment in Woollen such Affidavit is to be made be and are hereby Authorized and required to Administer the said Oaths or Affidavits and to attest the same under their hands Gratis C. 2. § 6. N. 2. The same viz. xl s. for every great Cattle Ireland and x s. for every Sheep or Swine Import from Ireland not Seized Killed and Distributed by Seizors Church-wardens and Overseers failing of their Duty c. to be Levied by Distress and Sale of the Goods and Chattels of the Person c. so Offending by Warrant under the Hand and Seal of any Iustice of Peace of the said County or place where the said Offence shall be Committed upon Confession of the party View of the said Iustice or Oath thereof made before such Iustice by one or more Credible Witness c. other then the Informer which Oath the said Iustice hath hereby power to Administer rendering the overplus to the Owners thereof necessary Charges of distraining being first deducted And for want of such Distress the said Offender N. 3. c. to be Committed to the common Goal of the said County or place there to remain for the space of three months without Bail or Mainprise Several Heads wherein Lambert Crompton and Dalton are Reduced and the Particular Statutes accommodate to present use Abby Monestries Religious Houses Chantries 1. ON 27 H. 8. 27. 28. § 11. N. 1. the Quarter and General Sessions shall Hear and Determin the not keeping Houses of Husbandry and Tillage by the Patentee of the Scite c. and this is given in Charge Lamb. 4. cap. 4. pag. 463. Crompt 96. see 21 Jac. 28. § 11. N. 39. 69. Husbandry Abettors see Accessary and Appeal Abjuration Oath Sanctuary Exile I. DAlt. J.P. cap. 68. A man that is abjur'd may have the surety of the Peace granted to him or against him Surety of the Peace for notwithstanding the Abjuration he oweth the King his Legiance and remaineth within the Kings Protection and the King may pardon and restore him again Qui abjurat Regnum amittit Regnum non Regem 7 Co. 9. b. Calvin's case II. Dalt J.P. cap. 92. also to kill a man that hath abjured the Realm Homicide is Felony 7 Co. 9. b. Dr. Stud. 133. III. By 9 H. 3. St. 2. cap. 10. Charta de Foresta Deer-killer that cannot find Sureties after a year and a days Imprisonment shall abjure the Realm Forest IV. By Westm. 1. 3 Ed. 1. cap. 15. § 1. N. 3. the Sheriff shall not let to Bail those which have abjured the Realm Bail V. By 3 Ed. 1. W. 1. cap. 20 § 1. N. 2. if Trespassers in Parks after three years Imprisonment cannot find Sureties he shall abjure the Realm Forest VI. By 9 Ed. 2. cap. 15. § 1. N. 2. a Clerk submitting to the Law Ecclesiastical persons and taking Sanctuary shall not be forced to abjure VII By 21 H. 8. 2. Persons abjure to be marked with an hot Iron on the Thumb Pain VIII By 22 H. 8. 14. § 1. N. 6. Persons taken out of Sanctuary after Abjuration to be Hang'd 3 Inst 115. Sanctuary IX Lamb. 2. cap. 7. pag. 200. one Justice of Peace may take out of Sanctuary certain persons abjured thither and others being Indicted of some kind of offences done after they became Sanctuary-men 22 H. 8. 14. § 3. N. 2. so Crompt J. p. 195. § 7. X. By 35 Eliz. 1. § 2. N. 3. the Abjuration of a Seditious Sectary being made in the open Quarter-Sessions of the Peace ought to be certified from thence to the Justices of Assize at the next Assizes Certificate XI By 35 Eliz. 2. § 8. N. 4. Popish Recusant unless Feme Covert not having twenty Marks per annum shall abjure before two Justices Pope XII Lamb. 4. cap. 4. pag. 414. Article of Charge at the Sessions of the Peace on 35 Eliz. 1. § N. cap. 2. § 8. N. 5. If any Popish Recusant or other Seditious Sectary which is by any of the Statutes to be abjured this Realm and all his Majesties Dominions have either refused to make such Abjuration or making it have not gone to such Haven within such time as was to him therefore appointed and have not from thence departed this Realm or after such departure have returned into any his Majesties Dominions without his special license Sessions XIII Lamb. 4. cap. 19. pag. 619. the Abjuration of a Seditious Sectary ought to be made in the open Quarter-Sessions of the Peace and there
most part of them being present at the Easter Quarter Sessions and only of such Vessels as shall be made or sold out of Cities or Corporate Towns Crompt 93. LXXXII 11 H. 7. 2. § 1. N. 13. And that it shall be Lawful for two of the Justices of the Peace whereof one shall be of the Quorum Justices within their Authority to reject and put away Common-Ale-selling in Towns and Places where they think convenient and to take sureties of the Keepers of Ale-houses of their good behaviour by the discresion of the said Justices and in the same to be advised and agreed at the time of their Sessions supra 41. LXXXIII West Symb. 2. part 96. Sect. 71. Lisence An Indictment for keeping an Ale-house or Tipling-house Juratores pro Dom. Rege sup sacramentum suum presentant quod A. B. de C. in dict Com. Yeoman Essex ss 10 die Mensis Octob. Anno Regni Dom. nostri c. continue multis diebus postea viz. usque XXXI diem dicti Octob. Anno supradict apud C. predict in com predict obstinate atque ex authoritate propria ipsius A. B. fine ulla Justiciariorum pacis dict Dom. Regis in Com. predict admissione aut allocatione assumpsit sup se custodire custodim unam communem tavernam Anglice vocat a common Tipling-house ibidem dicto xx die dictis diebus tunc postea communiter publice vendidit cervicium potum Anglice dictum Ale and Beer diversis dicti dom Regis ligeis subditis in dicti Domini Regis contemptum ac contra formam cujusdam Statut. in Parliamentum Ed. nuper Regis Angliae sexto tentum apud Westminster Anno Regni dicti domini Ed. quinto in hujusmodi casu provisi ac Editi Lamb. Presid 18. b. pl. 50. 5. 6. Ed. 6. cap. 25. Victuals LXXXIV Note that 1 Jac. 9. For restraint of inordinate Haunting and Tipling in Inns Ale-houses and other Victualing-houses was made to continue only to the end of the first Session of the next Parliament but is made perpetual by 21 Jac. 7. § 1. N. 1. And as Mr. Chamberlains last Compleat Justice pag. 9. saith is without doubt perpetually in force notwithstanding it be only continued by 21 Jac. 28. § 1. N. 29. 61. unto the end of the first Sessions of the next Parliament not only because this continuance is only affirmative and so takes not away the force of any former Statute which were sufficient alone notwithstanding 1. Car. 1. cap. 4. which is expresly for further restraint of Tipling and refers to 1 Jac. 9. c. but also because since that Act of 1 Jac. 9. though that be about the same matter as 1 Jac. 9. Yet by 1. Car. 1. cap. 7. § 3. N. 4. The Statute 1 Jac. 9. c. is inclusively continued until some other Act be made touching the continuance or discontinuance of the same by vertue whereof 1 Jac. 9. is also in force to this day for no Act is made touching that matter since Shiriff LXXXV 22. and 23. cor 2. cap. 20. 7 § 9. N. 2. For remedy of abuses by Bayliffs c. It is Enacted that if any Undersheriff Bayliff Serjeant at Mace or other Officer or Minister whatsoever shall at any time hereafter have in his custody any person by vertue or Colour of any Writ Process or other Warrant whatsoever It shall not be Lawful for such Officer to convey or cause the said person to be conveyed to any Tavern Ale-house or other publick Victualling or Drinking-house without the free voluntary consent of the said person so as to charge such Prisoner with any sum of Money for any Wine Beer or Ale Victualling Tobacco or any other things whatsoever but what the said person shall call for of his own accord 2. Hereupon Mr. Chamberlain in his compleat Justice page 9 10. well infers that Ale-houses of Bayliffs Serjeants c. are very mischevous and to be considered of and Dalt 31. saith such are not fit to be Licensed Supra 60. Measures LXXXVI West Symb. 2. part 137. Sect. 238. An Indictment of Selling Ale in Kilderkins 23 H. 8. 4. § 4. N. 1. Bucks ss Juratores pro dom Rege super sacramentum suum presentant quod I. R. de C. in Com. B. predict ' Pandoxator A. L. de eadem C. predict ' Beer Seller sunt Communes Pandoxatores in C. predict ' 10 die c. Anno Regni c. ac diversis aliis diebus ac viribus tam antea quam postea vendiderunt Cervisium Cervisiam per diversa vasa illicita vocat Kilderkins tam magna quam parva contra formam Statutorum inde edita ad grave dampnum populi Domini Regis c. LXXXVII West Symb. 2. part 96. Sect. 71. An Indictment for keeping an Ale-house or Victualling-house against 5 and 6 Ed. 6. 25. § N. Essex ss Juratores pro dom Rege super sacramentum suum presentant quod A. B. de C. in dicto com E. Yeoman 20 die Mensis Octob. Anno Regni dom nostri c. continue multis diebus postea viz. usque ad primum diem dicti Mensis Octob. Anno supradict ' apud C. predict ' in Com' predict ' obstinate atque ex autoritate propria ipsius A. B. sine ulla Justiciariorum pacis dicti Dom ' Regis in Comitatu predict admissione aut allocatione assumpsit super se Custodire Custodivit unam communem Tabernam Anglia vocat a common Tipling-house ibidem dicto 20 die dictis diebus tunc postea communiter publice vendidit Cervisium Potum Anglice dict Ale and Beer diversis dicti Dom ' Regis ligeis subditis in dicti Dom ' Regis contempt ' contra formam cujusd ' Statut ' in Parl ' Dom ' Ed ' nuper Regis Angliae 6. tent ' apud Westm ' in Com. Middlesex Anno Regni dicti Dom ' Regis Ed ' quinto in hujusmodi casu provisi edit Lamb. preced ' 18. pl. 50. â—â—mâ—s LXXXVIII West Symb. 2 p. 109. b. Sect. 121. Indictment against a Tipler on 33 H. 8. 9. § 11. N. 1. for keeping a Bowling-alley c. Lamb. Precedents 18. b. pl. 51. Juratores pro Dom. Rege super sacramentum suum presentant quod A. B. de C. in Com' E. predict ' Tipler 2 die Septemb ' Anno Essex c. continne post dictum diem Anno supradict ' usque primum diem Mensis Octob. Anno supradict apud C. predict in Com. E. predict ' quendam communem locum jaciendi Glebos Anglice vocat a common Bowling-alley prolucro ipsius A. B. proprio ad ludendum tunc ibidem cum Globis Anglice vocat ' Bowls illicite tenuit Custodivit ac manutenuit contra formam cujusd ' Statut ' in Parl ' Dom. Henrici nuper Regis Angliae 8. Anno Regni sue 33. in hujusmodi casu provisi
they be named joyntly yet be they Indicted severally and the King may pardon A. without forgiving the other per Markham Ch. J. Record Br. 57. Crompt 132 167. so 34 H. 8. 14. § 3. N. 1. XII Lamb. 4. cap 7. pag. 510. Variance Again if the Indictment be of the stealing of two Horses and the Certiorari speaketh but of one Horse it seemeth that they need not to certifie it at all because of the variance for it is certain that they of the Kings-Bench will not arraign the Indictee upon it but will rather write again to know whether there be any Indictment that agreeth with the Writ 3 Ass 3. per Curiam XIII Lamb. 510. Finally it is noted 8 H. 5. 5. Nosm that Hankford Ch. J. of B. R. observed this order that he which brought thither an Indictment taken before Justices of the Peace should endorse his name upon the backside of it which I note not to teach them of B. R. but to let the Justices of Peace see that there is some heed to be taken of him by whom they sent up their Indictments XIV 4 Ed. 3. 2. § 1. N. 6. Justices The Keepers of the Peace shall send their Indictments before the Justices Assign c. Courts XV. 6 H. 8. 6. § 1. N. 3. And Justices of B. R. may command all Justices of Goal-delivery Justices of Peace and all other Justices and Commissioners and every of them to proceed and determine upon all the aforesaid Bodies and Indictments of Felony and Murder so removed in B. R. after the course of the Common Law in such manner as any of them might or should have done if the said Prisoners or Indictments had never been brought into B. R. Utlary XVI 34 35 H. 8. 14. § 2. N. 1. The Clerk of the Crown Clerk of the Peace and Clerks of Assize where any attainder outlawry or conviction of Murder Burglary Felony c. shall be so had shall not only certifie a transcript briefly and in few words containing the tenor and effect of every such Indictment Outlawry or Conviction and Clerk attainted before them so to be had c. that is to say the Name Surname and addition c. and the certainty of the Felony or other offence c. and the day and place of his Outlawry Conviction and Attainder c. and where and when the said Felony c. shall be done before the King c. at Westm. c. within 40 days next after any such Attainder Conviction or Outlawry if the Term be then and if not then within 20 days of the Term next following the said 40 days but also shall deliver a tranfcript of every such Indictment c. to the Ordinary c. 4 Inst. 182. Lamb. 580. Nosm XVII 34 35 H. 8. 14. § 3. N. 1. That if there be any more persons contained and named in any such Indictment other then such person so attainted convicted or outlawed that then such Clerk of the Crown Assize or of the Peace with whom the Record c. shall remain shall within the time before c. certifie the transcript of such Indictment Outlawry or Conviction only concerning such person so Indicted Attainted Outlawed or Convicted into B. R. at Westm c. Utlary XVIII 34 35 H. 8. 14. § 4. N. 1. That the Clerk of the Crown in B. R. c. shall at all such times as the Justices of Goal-delivery or Justices of the Peace in every County within this Realm of England do write unto him for the names of such persons which be so attainted by Outlawry or Clerks attainted or convict and certified in B. R. shall incontinently and without delay certifie the said Names and Surnames of the said persons with the causes why and wherefore they were convict or attainted unto the Justices of Goal-delivery or Justices of Peace c. Imprisonm XIX 1 2 Phil. Mar. 13. § 7. N. 1. No Writs of Habeas Corpus or Certiorari shall hereafter he granted to remove any Prisoner out of any Goal or to remove any Recognizance except the same Writs be signed with the proper hands of the Chief Justices or in his absence one of the Justices of the Court out of which the same Writs shall be awarded or made Dalt 410. infra § 42. Sessions XX. 21 Jac. 8. § 7. N. 1. That all such Writs of Certiorari of Riot Forcible Entry or Assault c. shall c. be delivered at some Quarter-Sessions of the Peace in open Court Bail XXI 21 Jac. 8. § 7. N. 2. And that the parties Indicted shall before the allowance or such Certioraries become bound unto such c. which shall prosecute such Bills of Indictment against them in 40 l. with such Sureties as the Justices of Peace at their Quarter-Sessions of the Peace shall think fit with condition to pay unto such prosecutors c. within a month after conviction c. such reasonable Costs and Damages as the said Justices of Peace of such Counties where such Bills of Indictment shall be found in the said Sessions of the Peace shall assess or allow Process XXII 21 Jac. 8. § 7. N. 3. And that in default thereof it shall be lawful for the said Justices to proceed any such Writs of Certiorari to remove the same Indictments notwithstanding Ways XXIII 13 14 Car. 2. 6. § 16. N. 1. No Certiorari shall be allowed to remove any Information Indictment Presentment Order or other proceedings in the Quarter-Sessions of for or concerning any matter or thing in this Act viz. for the Tax and Amendment of High-ways c. unless the party c. against whom any such Information Indictment Presentment Order or other proceedings shall be had by vertue of this Act shall before the allowance of such Certioraries become bound to the party c. prosecuting in the sum of Fourty pounds with such sufficient Sureties as the Justices of the Peace at their said Quarter-Sessions of the Peace shall think fit with condition to pay unto the said prosecutors within one month after the conviction c. their full Costs and Damages to be ascertained upon their Oaths and that in default thereof it shall be lawful for the said Justices to proceed to tryal of such Indictments any such Writ of Certiorari to remove the same Indictments notwithstanding XXIV Crompt 131 b. 132 a. Money One was Indict of the Counterfeiting of Money before J. B. Mayor of the Vill of S. and his Companions Justices of the Peace there and because there was no special Commission to enquire of High-Treasons as other Justices of Peace have by 3 H. 5. Stat. 2. cap. 7. which Authority ought to appear in the Title of the Certificate with the Indictment the Prisoner went without day in B. R. whereinto the said Indictment was certified in form aforesaid 2 R. 3. 10. XXV Crompt 132. A Consetvator of
demands surety of the Peace in the County against any Man he shall find himself sureties in the County before the Justices of Peace c. he that demands this surety may sue a Writ of Certiorari directed to the Justices of Peace to remove this surety of the Peace and the Recognizance taken therein and this under the Seals of the Justices or one of them to certifie this Recognizance and surety taken And if the Certiorari be sued upon a Writ of Supplicavit then the Certiorari shall rehearse this Writ of Supplicavit and if it be sued upon a surety demanded in the County without a Supplicavit then the form of the Certiorari is thus Rex Custodibus pacis suoe in Com' L. eorum cuilibet salutem volentes certis de causis Certiorari super tenorem cujusdam securitatis pacis nuper coram R. B. Sociis suis custodibus pacis nostroe Justiciariis nostris ad diversas Felonias Transgressiones Malefacta in Com' L. Audiend ' Terminand ' Assignat ' de R. de W. de E. quod ipse damnum vel malum aliquod B. de F. aut alicui populo nostro faciat nec fieri procurabit ex Officio vestr ' capta quoe quidem securitas penes vos residet ut dicitur vobis Mandamus quod nos inde in Cancellaria nostra sub Sigillis vestris vel unius vestrum distinctè aperte sine dilatione reddatis certiores hoc Breve nobis remittentes teste c. Crumpt 143 144. IX F. N. B. 81. E. By reason of this Commission of the Peace the Justices have power to bind Men by Recognizance to keep the Peace Recognizance upon complaint to them made by any person and yet to take this Recognizance there is no express Authority given them by the Commission but of Congruity because that they have Authority to cause men to keep the Peace and to hear and determine offences done against the Peace they have power to bind men by Recognizance to do it for every Act which they do by virtue of their Commission must be taken as a matter of Record Crumpt 141. b. Justices X. Lamb. 77. A Justice of Peace may also by virtue of his Office and as he is a Judge command this Surety to be found and that either of his own motion and discretion or else at the request and prayer of another For he may cause a common Barretor Riotor one that maketh an Affray or other person to him suspected to find Surety of the Peace 9 Ed. 4. 3. per Curiam And if he see men contending in hot words and threatning the one to hurt or kill the other he may of discretion and ought of duty as I think to command them to find Surety of the Peace and thereby provide for their mutual safety Crumpt 134. b. 135. b. XI Lamb. 78. And if a man that was bound to keep the Peace have broken his Bond the Justices of Peace ought of discretion to bind him of new 21 Ed. 4. 40. per Marrow Crumpt 141. infrà 87. Conspiracy XII Lamb. 78. And his Authority is so little to be controlled in this matter that Mr. Marrow is of the opinion That if a Justice of Peace should procure one man to demand Surety of the Peace against another and he himself should grant a Warrant for it by which the Party is Arrested yet no Action would lye against that Justice for his so doing because he might have granted it without any demand made and then it shall not be said but that he saw Cause both to provoke the party to ask it and for himself to grant it Bar. Fem. XIII Lamb. 78 79. The Wife if she be threatned to be killed or to be outragiously chastised by her Husband may with good reason demand the peace against him F. N.B 80. 230. and I do not doubt but that a Justice of Peace may in such a Case happening in his presence Command it upon his own discretion The Husband may also demand the peace against his own Wife in like Case and any man may demand it against the Wife of another by Marrow Crumpt 133. b. Dalt 163. cap. 68. Ability XIV Lamb. 79. A man Attainted of Treason or Felony or Convict of Heresie or Abjured a Dumb Man or an Infant though within 14 years of age or a Villain against his Lord may demand and ought to have Surety of the Peace by Marrow And I do not find any strong reason why the Lord against his Villain or another man against a Dumb-man that is not Deaf or against an Infant above the age of 14 years ought not upon good Cause to have it though perhaps the two last cannot be bound for themselves Crumpt 133. b. 134. b. Dalt 164. cap. 68. Ideot XV. Lamb. 79. But a Mad-man shall not have surety of the peace at his own request as Mr. Marrow thought because he hath no discretion to ask it and therefore if there be Cause he ought to be provided for by the discretion of the Justices as I think Neither shall surety of the Peace be granted against a Mad-man except he have Lucida Intervalla Dalton 163 164. cap. 68. Attainder XVI Lamb. 80. A man Attainted in a Proemunire or that is an Alien born and no Denizen ought not to have his Surety at his desire as Mr. Marrow taketh it but perhaps he would have changed his opinion in the Case of Proemunire if he had lived at this time upon sight of 5 Eliz. 1. § 21. N. 1. For such a Man may not now be killed as though he were out of the protection of the King Crumpt 133. b. Dalt 164. cap. 68. Alien XVII Lamb. 80. And as touching the Alien having surety of the Peace some think there ought to be a difference between such an Alien as is of the Enmity of the King and him that is of his Amity for Magna Charta 9 H. 3. 30. 9. Ed. 3. 1. § N. 14 Ed. 3. St. 2. cap. 2. and sundry other Statutes do all use that difference in Merchant-strangers and do provide That such of them as be not Enemies to the Realm may both safely come into the Realm and tarry here and go hence at their free pleasures But the Case may bear some doubt because the Commission it self seemeth to Authorize the Justice of Peace no further then to provide for the King's People of which number no Alien seemeth to be but why any Alien may not be bound to the Peace I do not yet understand Crumpt 134. ab Dalt 164 165. cap. 68. XVIII Lamb. 80 81. Furthermore one Justice of Peace Justices saith Mr. Marrow may grant this surety to any man aginst one of his Fellow-Justices but as Mr. Marrow requireth a discretion in a Justice of the Peace when surety is craved of him against a Sheriff Coroner Escheator or such other Officer whom he wisheth not to
the said Child unto the ages before specified to be Servants or Apprentices to the said person so taking and promising to be used and ordered in all points according as the Law and custome of this Realm is of Servants and Apprentices to what labor occupation or service soever the said Master shall appoint him or her during the said terme Infant CLVI 1 Ed. 6. 3. § 7. N. 5. And if it shall fortune such Child so adjudged to run away at any time one or more times from his or her Master or Mistres that then it shall be lawful for every such Master to take the said Child again and to keep and punish the said Child in chains or otherwise and use him or her as his Slave in all points for the time before rehearsed of the age of such Child that is to say till twenty the Woman Child and the Man Child twenty four Villenage CLVII 1 Ed. 6. 3. § 8. N. 1. Provided always that any Master either of the Men or of the Women so adjudged Slaves or of the Children adjudged Apprentices or Servants may Let set forth seal bequeath or give the service and labor of such Slaves or Servants so adjudged as is aforesaid to any person or persons to whomsoever he will upon such condition and for such terme of years as the said persons be adjudged to him for Slaves Servants or Apprentices after such like sort and manner as he may do of any other his moveable Goods or Chattels and they for the said space and time to be bound to all points and constructions to such lessee vendee donee or assignee as they were to their first apprehendors and Masters by virtue of this Statute Villenage CLVIII 1 Ed. 6. 3. § 9. N. 1. Provided always and be it enacted c. that if any such Slave or Slaves or Children so adjudged shall at any time after such Judgment maihem or wound their Masters or Mistresses in resisting their correction or otherwise or when they be manumitted and set again free or in the time of their service shall conspire with any other or by themselves go about to Murder and Kill or to Maihem Wound or Beat the said Master or Mistres or any that was their Master or Mistres or to burn their Houses Barns or Corn so that their intent come to an Act tending to the effect as lying in wait with Weapon or any such like shall be accounted Felony and they shall suffer therefore pains of Death as in case of Felony Villenage CLIX. 1 Ed. 6. 3. § 9. N. 2. Except that any such person or persons as be or had been Master or Mistres to any of them or he refusing any other will take such person so offending to their Slaves and then he or she so offending to be adjudged to the person so willing to take him or her so offending slave for ever and thereupon to be discharged of the Felony Villenage CLX 1 Ed. 6. 3. § 9. N. 3. The same Law and order to be had in all conditions if it should chance the Father Mother Nourse or other the bearer about of the Child or any other person or persons to steal away such Child adjudged Apprentice or Servant that is to be slave to such Apprentices or Servant's Master whose Apprentice or Servant was so stolen or inticed away for ever and the Master nevertheless to take and receive his said Apprentice or Servant again as if the said taking away had never been done CLXI 1 Ed. 6. 3. § 10. N. 1. Be it also Enacted Apprentice c. that although there be no man which shall demand such Loyterer or Loyterers as before expressed into their Service yet nevertheless the Justice of Peace in that City Borough Town or Hundred dwelling if any such be or else any other Justice of Peace of the same Shire and also there dwelling of his or their Office shall be hereafter bound by virtue of this Act not only to inquire of all such Idle-persons but also if they do espy any such Vagabonds or Idle-persons or if any such be detected unto them to examin him or her of the time of their Vagabondry CLXII 1 Ed. 6. 3. § 10. N. 2. Justices And if it shall appear to any Justice of Peace any such Man or Woman to have been a Vagrant and Vagabond or Idle-person by the space as is aforesaid to cause the same to be marked on the Breast with an V. made with an hot Iron CLXIII 1 Ed. 6. 3. § 10. N. 3. And also to inquire of him Lieu. the Town City or Village wherein he was born and then shall immediately give a Writing in Parchment seal'd with his Seal to the said Loyterer of the tenor and form which here ensueth CLXIV 1 Ed. 6. 3. § 10. N. 4. A. B. Justice of Peace in the County of S. to the Mayor or Cheif-Officer of the City of Z. if it be a City or to the Head-Borough Baily or Constable Certificate or Head-Officer of the Town of Z. if it be a Town or to the Constable or Tything-man of the Village of C. if it be a Village CLXV 1 Ed. 6. 3. § 10. N. 5. According to a most Godly Statute made in the first year of the Raign of our Soveraign Lord King Edward the sixth c. we have taken this Bearer J. K. Vagrantly Certificate and to the Evil Example of others without Master Service or Labor whereby to get his Living going loytering idly about and because the same saith he was born in C. in the County of S. whereof you are the Head-Officer or Constable we have sent him to you to be ordered according to the purport and effect of the same Statute CLXVI 1 Ed. 6. 3. § 10. N. 6. And with this Writing Constable shall deliver the same Loyterer to the Constable or other Head-Officer of the said City Town or Village wherein such Loyterer was taken to be safely by them conveyed to the next Constable and so from Constable to Constables and other Head-Officers till he or she be brought to the place the which he or she hath named themselves to be born in CLXVII 1 Ed. 6. 3. § 10. N. 7. And then to be delivered to the Head-Officer or Constables of that same City Borough or Town Village Lieu. Hamlet or Parish there to be nourished and kept of the same City Town or Village in Chains or otherwise either in the common Works in amending High-ways or other common works or from man to man in order till they which may bear be equally charged to be Slave to the Corporation of the said City or to the Inhabitants of the Town or Village that he or she was born in after all such Form Condition space of Years Orders Punishments for running away and all others as are expressed of a Common or Private Person to whom any such Loyterer is adjudged a Slave CLXVIII 1
Ed. 6. 3. § 10. N. 8. And the said City Town or Village Laborer shall see the said Slave being able to Labor set on work and not live Idly within the said Premises upon pain for every such default that the said Slave doth live Idly by the default of the City Borough or Town or Village by the space of three working days together the City to Forfeit 5 l. a Borough or Town Incorporate 40 s. and other Town or Village 20 s. whereof the one half to the King our Soveraign Lord the other to him that will sue for the same in any of the Kings Courts of Record by Bill Information or Action of Debt in the which Suits no Essoyn Wager of Law or Protection shall be allowed Corporation CLXIX 1 Ed. 6. 3. § 11. N. 1. Provided and be it Enacted that the City Town and Borough Coporate by the consent of the most part of the Corporation and the Town and Village not Corporate by the consent of the most part of the Inhabitants thereof may set sell or give away the right title and interest of the said Slave to any other Persons as any other Common or Private person may do with his Slave by Virtue of this Act. Lieu. CLXX 1 Ed. 6. 3. § 12. N. 1. Provided always and be it Enacted that if it fortune when the said Vagabond is brought to the said City Town or Village where the said person said he was born to appear and be manifest that he or she was not there born that then for such lye the said Vagrant shall be marked in the face with an S. and be Slave to the Inhabitants or Corporation of the City Town or Village where the said Vagrant said he was born in for ever upon such Conditions and Orders in all points as of a Slave marked in the face is before expressed Alien CLXXI. 1 Ed. 6. 3. § 12. N. 2. The same Law and Order in all points to be had of all Vagrant persons and Vagabonds being born in any other Nation or Country than this Realm as is before expressed of English idle persons marking in the breast or face only excepted that is to say to be had to the next Port and there to be kept of the Inhabitants of the said next Port in convenient Labor and from Idleness or otherwise till they may be conveyed over and then at the costs of the Inhabitants of the said Port to he conveyed over into their Countries Ability CLXXII 1 Ed. 6. 3. § 13. N. 1. And forasmuch as there is many maimed and otherwise lamed sore aged and impotent persons which resort to the City of London and to other Cities Towns and Villages on begging whose coming together and making a number doth fill the streets or high-ways of divers Cities Towns Markets and Fairs who if they were separated might easily be nourished in the towns and places where they were born or where they were or have been most conversant and abiding by the space of three years Trades CLXXIII 1 Ed. 6. 3. § 13. N. 2. Be it therefore Enacted c. that all and singular Mayors Sheriffs Bailiffs Constables or other head-Officers of any City Town or Hundred to which such resort is or shall be shall before the Feast of Purification of our Lady next following see all such Idle Impotent maimed and aged persons who otherwise cannot by their discretions be taken for Vagabonds which were born within the said City Town or Hundred or hath been there most conversant and abiding by the space of three years as is aforesaid and now decayed bestowed and provided for of Tenantries Cottages or other convenient Houses to be lodged in at the costs and charges of the said Cities Towns Boroughs and Villages there to be releived and cured by the devotion of the good people of the said City Borough Town or Village Lieu. CLXXIV 1 Ed. 6. 3. § 13. N. 3. And that they do not suffer after the time before rehearsed any other than such as either were born or have been for the most part conversant or abiding for the space aforesaid in the said City Borough Village or Town to remain and beg abroad within the Precincts of such Cities Towns Villages or Hundreds Forfeiture CLXXV 1 Ed. 6. 3. § 13. N. 4. Upon pain that every such Mayors Sheriffs and Bailiffs Constable or other head-Officer by what names soever he be called suffering any person to beg within the precinct of his or their such Jurisdiction other than is before rehearsed for every three days shall forfeit 10 s. to whomsoever will sue therefore by Bill Information or Action of debt in any Court of Record in the which suits no Essoyn Wager of Law nor Protection shall be allowed CLXXVI 1 Ed. 6. 3. § 14. N. 1. And for the better performance hereof be it Enacted c. that the Mayor of the City of London Corporation and all other Mayors Bailiffs Sheriffs Constables and other Head-Officers of every City and Town Corporate do with all convenient speed by themselves or their sufficient Deputies by them appointed before the Feast of the Purification next coming and so from time to time every month once make a view and Examination of Aged Impotent and Lame persons Beggers as be within the precinct of their Jurisdiction CLXXVII 1 Ed. 6. 3. § 14. N. 2. And see all such as were not born Settlement nor have been for the most part conversant and abiding there by the space of three years compleat conveyed on Horseback Cart or Chariot or otherwise as shall seem by their discretions to the next Constables and they to convey the same to the next Constables and so from Constables to Constables till the said persons be brought to the place where they were born or most conversant and abiding as is aforesaid there to be provided for kept and nourished of Alms as is aforesaid CLXXVIII 1 Ed. 6. 3. § 14. N. 3. Upon pain that every such Mayor Forfeiture Sheriff or Constable Head-borough or Head-Officer not making view not sending or conveying away not receiving or not providing as is before appointed according to the true purport or meaning of this Act to forfeit for every such default 40 s. whereof the one half to the Kings use the other to the party that will sue therefore in any of the Kings Courts of Record by Bill Information Action of Debt in the which suits none Essoyn Wager of Law nor Protection shall be allowed CLXXIX 1 Ed. 6. 3. § 15. N. 1. Provided always Ability that if any of the said aged maihmed or Impotent persons of the Cities Towns or Villages where they were born in or had their most abiding as is aforesaid be not so Lame or Impotent but that they may work in some manner of work that then such City Town Parish or Village do either in common provide some such work for them as they may
Statutes of this Relam have not been put in due Execution and partly also by reason of the multitude of the same the extremity of some whereof have been occasion that they have not been put in ure 5 Eliz. 3. § 1. N. 6. CXCVI. 3 4 Ed. 6. 16. § 1. N. 2. Therefore and for divers good considerations it is Enacted c. that the Statute Villenage c. viz. 1 Ed. 6. 3. § 2. N. 3. concerning idle persons and Vagabonds in certain cases to be made Slaves c. and all and every Article matter proviso branch and sentence therein contained shall be from henceforth utterly repealed made frustrate void and of none effect 21 Jac. 28. § 11. N. 28. 69. CXCVII 3 4 Ed. 6. 16. § 2. N. 1. And that the Statute Continuance c. viz. 22 H. 8. 12. And every matter article proviso branch and sentence therein contained to be from henceforth revived made good and stand in full strength and vertue and shall continue and remain a perfect Act of Parliament for ever CXCVIII. 3 4 Ed. 6. 16. § 3. N. 1. And be it therefore Enacted Justices c. that all Justices of Peace and every of them within the limits of their Commission and the Mayors Sheriffs Bailiffs and other Officers within their several rules and offices shall within their several limits assemble together and make their several division according to the purport and effect of this Act at the next general Quarter Sessions of the Peace to be holden after the Feast of Easter next to come for the due speedy and diligent Execution of the same Act viz. 22 H. 8. 12. CXCIX 3 4 Ed. 6. 16. § 3. N. 2. And that if any such aged or impotent person after the Feast of Easter next to come Ability shall offend contrary to this Estatute that then the said offender shall be used and punished as in the same Estatute c. viz. 22. H. 8. 12. § N. is provided CC. 3 4 Ed. 6. 16. § 3. N. 3. And that before the Feast of Easter Pain no punishment shall be put in Execution against any such Impotent Lame and Aged person but only by the discretion of the next Justice of Peace of the same Shire where such offender shall be apprehended any thing in said Act viz. 22 H. 8. 12. to the contrary notwithstanding CCI. 3 4 Ed. 6. 16. § 4. N. 2. Be it Enacted Husbandry c. that such common laborers viz. in Husbandry being persons able in body using loytering and refusing to work for such reasonable wages as is most commonly given in the parts where such persons shall dwell shall be for every such times as he or they refuse to labor having reasonable wages as is aforesaid adjudged Vagabonds and shall be punished as strong and mighty Vagabonds in such manner and form as is declared in the said Act viz. 22 H. 8. 12. § N. Cottages CCII. 3 4 Ed. 6. 16. § 4. N. 4. Be it Enacted c. that all and singular Mayors Sheriffs Bailiffs Constables or other Head-Officers of any City Town or Village to which such resort is or shall be shall before the Feast of the Purification of our Lady next following see all such Idle Impotent Maihmed and Aged persons who otherwise cannot by their discretions be taken for Vagabonds which were born within the said City Town or Village or have been there most conversant and abiding by the space of three years and now decayed bestowed and provided for of the Tenantries Cottages or other convenient Houses to be Lodged in at the costs and charges of the said Cities Towns and Boroughs and Villages there to be relieved and cured by devotion of Good people of the said City Borough Town or Village 1 Ed. 6. 3. § 13. N. 2. Continuance CCIII 3 4 Ed. 6. 16. § 9. N. 1. And be it further Enacted c. that all and every Statute and Act of Parliament made for punishment of Vagabonds Slaves Aged and Impotent persons or any of them and every Article Sentence Clause or Proviso therein contained other than this pre-present Act and Statute made and the said Act c. viz. 22 H. 8. 12. shall be from henceforth utterly void repealed and of no effect or force Records CCIV. 3 4 Ed. 6. 16. § 11. N. 2. And the said Judgment viz. 1 Ed. 6. 3. § 7. N. 3. 4. shall be entred by the Clerk of the Peace in the said Sessions in form following Memorandum that at the Sessions of the Peace holden at or on the day c. one J. B. of the Town of J. had delivered to him according to the form of the Statute in that case provided B. D. esteemed to be of the age of seaven or eight years to be ordered according to the form of the said Statute Infant CCV 3 4 Ed. 6. 16. § 12. N. 1. And if it shall fortune such Child so adjudged to run away at any time once or more times from his or her Master or Mistres that then it shall be lawful for every such Master or Mistres to take the said Child again and to keep and punish the said Child in the Stocks or otherwise by discretion or otherwise at the liberty of such Master or Mistres to have a Warrant from any Justice of Peace in the same Shire where the Child so runs away for such Child running away or going away as is provided by the Statute of Laborers viz. 12 Ric. 2. 3. for such Servants as depart away from their Master or Mistres without a reasonable cause before the end of their terme 1 Ed. 6. 3. § 7. N. 5. Justices CCVI. 3 4 Ed. 6. 16. § 13. N. 1. And that every Justice of Peace shall by force of this Act have Authority and power to make such warrant against every such person so going and runing away in like form as they or any of them may do against any Servant departing out of his Masters service without License or reasonable cause and by force of the same Warrant the Child so running or going away to be taken and ordered in every degree as is provided by the said Statute c. viz. 12 Ric. 2. 3. as is aforesaid Apprentice CCVII. 3 4 Ed. 6. 16. § 14. N. 1. And be it further Enacted c. that if and as often as it shall chance the Father Mother Nource or other bearer about of the Child or any other person or persons to steal or intice away any such Child adjudged for a Servant as is aforesaid that then and so often it shall be Lawful for the Master or Mistres of the same Child to be at his or their liberty to take an action upon the Statute of laborers viz. 12 Ric. 2. 3. against every such person so stealing or Inticing away such Child as he or they might have by reason of the said
within the said Parish where he or she shall inhabit and dwel Taxes CCLVIII. 5 Eliz. 3. § 8. N. 3. And if the said person so seised and taxed shall refuse to pay the summ that shall be so reasonablly limited taxed and appointed then the said Justices of Peace or two of them whereof one to be of the Quorum or the said Mayor Bailiff or other Head-Officers of every such City Borough or Town-Corporate shall have full power and Authority by vertue of this Act upon complaint and certificate to them by the Collectors and Church-wardens of the same Parish where the said obstinate person shall dwell to commit the said obstinate person and persons so refusing to pay to Prison to the next Goal there to remain without Bail or mainprise till he or they have paid the said summ so appointed taxed and limited together with the Arrears thereof if any such shall fortune to be Certificate CCLIX 5 Eliz. 3. § 10. N. 6. And if the said Justices of Peace shall fail to appoint a day and time for inspection of the said poor and examination of the said Certificators viz. 2 3 Ph. Mar. 5. § 7. N. 4. within one month next ensuing the day of the receit of the said certificate or shall grant or give License to any person or persons so certified to go abroad and beg before such time as they shall have viewed and seen the said poor persons and have received Oath of the persons that so certified that the said poor persons for age impotence or sickness in their Consciences and to their knowledge are not able by any work or labor to earn them necessaries meat drink and cloth and the same deposition put in writing subscribed or marked by the persons deposed to forfeit for every such default 10 l. to be imployed to the use of the poor of any parish or parishes within the said County where the said Justices dwell at the oversight and appointment of the Bishop or his Chancellor of the same Diocess to be levyed in sort and form as other forfeitures in this Statute are appointed Justices CCLX 5 Eliz. 3. § 11. N. 1. And be it further Enacted that where any the said Cities Boroughs Towns-Corporate or Parish so charged is Situate and standing in one County or two Counties of this Realm or Situate and standing in one and immediatly adjoyning to another County of the Realm as the City of Bristol and the Town of Ludlow and Stanford stand that in those Cites the Parson Vicar and Curate of the said Parish and the said Mayor Head-Officers and Inhabitants of every such City Borough Town-Corporate and Parish shall make certificate unto the Justices of the said Counties adjoyning to the same Cities Boroughs Towns-Corporate and Parishes and the same Justices of the said adjoyning County or Counties to do give License and follow the order above remembred according as other Justices of the Counties in which the Parish surcharged standing is limited and Authorized to do 2 3 Ph. Mar. 5. § 8. N. 1. Continuance CCLXI 5 Eliz. 3. § 13. N. 3. This Act to indure to the latter end of the first Session of the next Parliament 13 Eliz. 25. § 12. N. 2. Incumbent CCLXII 5 Eliz. 3. § 16. N. 1. Provided always and be it further Enacted that the Curate Minister or Reader together with the Wardens of every Chappel of Ease and where no Wardens are the Warden or two of the chiefest of the Inhabitants resorting and frequenting the said Chappel of Ease for hearing divine service the same inhabitants to be nominated and chosen by the same Curate Minister or Reader Officer CCLXIII 5 Eliz. 3. § 16. N. 2. And also the Collectors and all and every other person and persons to whom in this behalf it shall appartain by force of this Statute shall do execute perform and be lyable to all and every such ordinance clause article sentence and penalties specified and contained in this present Act for and towards the releif of the poor in like manner and form as the Vicar Curate Church-wardens and Collectors of every Parish Church shall may or ought to do by force of this Act according to the purport and true meaning of the same and not be compelable to come or resort to their Parish Church for the same only purpose or intent any thing in this Act before specified to the contrary notwithstanding CCLXIV 5 Eliz. 3. § 17. N. 1. Provided also that this Act Charity or any thing therein contained shall not in any wise extend or be prejudical to any Gift Legacy Conveiance or Assignment of any manner of Lands or other profit heretofore Given Assigned or Bequeathed to the relief of the Poor reparation of Highways or Bridges upon any manner of condition but that the same shall be imployed converted bestowed and accounted for in such manner and form and upon such condition as the same lawfully was or ought to be before the making of this Act. CCLXV. 5 Eliz. 20. § 3. N. 1. And yet moreover Aegyptians viz. Beside 1 2 Ph. Mar. 4. be it Enacted c. that all c. which c. shall be seen or found within this Realm of England or Wales in any Company or Fellowship of Vagabonds commonly called c. Aegyptians or counterfeiting c. Aegyptians and that shall or do continue and remain in the same either at one time or at several times by the space of one month c. shall by vertue of this Act be deemed and Judged a Felon c. CCLXVI. 13 Eliz. 17. § 1. N. 2. For the better perfection and doing whereof viz. Of a Meason de Dieu c. be it Enacted Hospital c. that the said Robert Earl of Leicester his Heirs Excutors or Assigns at his or their Wills and Pleasures shall have full power strength license and lawful Authority to erect found and establish one Hospital or Meason de Dieu within the said Town of Warwick or else within the said Town of Kenelworth at his or their choice and election for the finding sustentation and relief of poor needy and impotent people to have a continuance for ever CCLXVII 14 Eliz. 5. Where all the parts of this Realm and Wales Vagabonds be presently with Rogues Vagabonds and Sturdy Beggers exceedingly pestered by means whereof daily happeneth in the same Realm horrible Murders Thefts and other great Outrages to the high displeasure of Almighty God and to the great annoiance of the common-weal 35 Eliz. 7. § 24. N. 1. CCLXVIII 14 Eliz. 5. § 1. N. 2. And for avoiding confusion by reason of numbers of Laws concerning the premisses standing in force together Parliament CCLXIX 14 Eliz. 5. § 1. N. 3. Be it Enacted that the Statute Continuance c. viz. 22 H. 8. 12. and one other Act c. viz. 3 4 Ed. 6. 16. and one other Act c.
that the said Vagabonds and other lewd persons before recited shall upon their apprehension be committed to the common Goal of the same Shire where they are so taken and apprehended and that in the most Shires of this Realm the Common-Goals are in such Towns where there be a great number of Poor people more than they are well able to sustain with their relief and in some Shires the Assizes are kept far distant from the place where the Common-Goals are by reason whereof the said Prisoners are like to famish for want of sustenance if they be not therefore provided Sessions CCCLXVIII 14 Eliz. 5. § 37. 2. N. 1. For remedy wherof be it therefore Enacted c. that it shall and may be lawful for the Justices of Peace of every Shire within this Realm at their General Quarter-Sessions of the Peace to be holden within the same Shires or the most part of the said Justices being then present to Rate and Tax every Parish within the said Shires at such reasonable summs of mony for and towards the relief of the said Prisoners as they shall think convenient by their discretions so that the said Taxation and rate doth not exceed above 6 d. or 8 d. by the week out of every Parish Church-wardens CCCLXIX 14 Eliz. 5. § 37. 2. N. 2. And that the Church-wardens of every Parish within this Realm for the time being shall every Sunday levy the same and once every Quarter in the year pay to the High-Constables or Head-Officers of every Town Parish Hundred Riding or Wapentake within this Realm all such summs of mony as their Parish shall berated and taxed for and towards the relief of their said Prisoners within their said several Parishes Lambert 467. 468. Constable CCCLXX 14 Eliz. 5. § 37. 2. N. 3. And that the said High-Constables and Head-Officers and every of them shall pay all such summs of mony so to them paid by the said Church-wardens at every General Quarter Sessions to be holden within the said several Shires to such sufficient persons dwelling nigh the said Goals as shall be appointed by the said Justices in their said open Quarter Sessions to be there ready to receive the said mony so Collected as is aforesaid Imprisonment CCCLXXI 14 Eliz. 5. § 37. 2. N. 4. And that the Collectors for the said Prisoners shall weekly distribute and pay all such summs of mony as they and every of them shall receive for the relief of the said Prisoners as aforesaid Church-wardens CCCLXXII 14 Eliz. 5. § 37. 2. N. 5. Upon pain as well the said Church-wardens of every Parish Constables and Head-Officers of every Hundred or Wapentake as also the said Collectors appointed for the Collection and contribution of the said Prisoners so making default as is aforesaid to forfeit 5 l. the one moity therereof shall be to the use of the Queens Majesty her Heirs and Successors and the other moity to the relief of the Prisoners any Statute law custom use or other thing to the contrary in any wise notwithstanding Corporation CCCLXXIII 14 Eliz. 5. § 38. 3. N. 1. Provided always that the Justices of Peace within any County of this Realm or Wales shall not intromit or enter into any City Borough Place or Town-Corporate for the Execution of any Branch Article or Sentence of this Act for or concerning any offence matter or cause growing or arising within the Precincts Liberties or Jurisdictions of such City Borough Place or Town-Corporate but that it shall and may be lawful to the Justice and Justices of the Peace Mayor Bailiffs and other Head-Officers of those Cities Boroughs Places and Towns-Corporate where there be Justice or Justices to proceed to the Execution of this Act within the precinct and compass of their Liberties in such manner and form as the Justices of Peace in any County may or ought to do within the same County by vertue of this Act any matter or thing in this Act expressed to the Contrary thereof notwithstanding CCCLXXIV 14 Eliz. 5. § 39. 4. N. 1. And that every Justice and Justices of Peace within every such City Borough Justices Place and Town-Corporate for every offence by them or any of them to be committed contrary to the intent and meaning of this Statute shall be punishable and chargeable as other Justices of Peace at large in the Counties are by this Act above appointed to be CCCLXXV 14 Eliz. 5. § 40. N. 1. Provided always and be it further Enacted c. that if it shall chance any City or Town Corporate Corporation to have in it more Poor folks than the Inhabitants thereof shall be able to relieve that in such case upon Certificate thereof made and of the number and names of persons with which they be so surcharged unto the Justices of Peace of the County in which such City or Town-Corporate shall lie and be Situate at their Quarter Sessions of the Peace by two Justices of Peace of the said County and the Mayor or other Head-Officer of the same City or Town-Corporate the Justices may by their discretions in the same Sessions take order appoint and cause the same Poor folks so Certified to be provided for and be relieved by giving of Licence to beg or otherwise in some other place or places of the said County out of such City or Town-Corporate so surcharged CCCLXXVI 14 Eliz. 5. § 41. N. 1. Provided always that this Act or any thing therein contained shall not extend to the Poor people Hospitals for the time being in the Hospital called Saint Thomas Hospital otherwise called the Kings Hospital in the Borough of Southwark near adjoyning to the City of London but that the Mayor Commonalty and Citizens of the said City of London for the time being shall and may only have the rule order and Government of the said Hospital and of the Poor people therein for the time being any thing in this Act to the contrary notwithstanding CCCLXXVII 14 Eliz. 5. § 42. N. 1. Provided alway that this Act or any thing therein contained or any Authority thereby given Games shall not in any wise extend to disinherit prejudice or hinder John Dutton of Dutton in the County of Chester Esq his Heirs or Assigns for touching or concerning any Liberty Previledge Preheminence Authority Jurisdiction or Inheritance which the said John Dutton now lawfully useth or hath or lawfully may or ought to use within the County Palatine of Chester and the County of the City of Chester or either of them by reason of any Ancient Charters of any Kings of this Land or by reason of any prescription or other lawful usage or title whatsoever CCCLXXVIII 14 Eliz. 5. § 43. N. 1. This Act to indure for seven years and from thence to the end of the next Parliament Continuance then next following 18 Eliz. 3. § 14. N. 1. Crompt 97. b. CCCLXXIX Crompt 154. b. Nor shall Bail be received