Purificationis beatoe Marioe Virginis proxim ' futur ' post Dat' present ' nisi fecerint concesserunt pro se Heredibus Executoribus administraterbus suis per present ' quod Dictoe separales Summoe leventur ' recuperent ' de maneriis messuagiis terris tenement ' bonis catallis hereditament ' ipsorum J. S. W. S. R. D. hered ' executor ' assignator ' suorum ubicunque fuerint jnvent ' per present ' Dat' c. Another CAntebr Memorand ' quod c. Die c. Anno c D. E. de B. in Com' predicto Yeoman personaliter venit coram me N. D. Armig ' uno Justiciar ' Dicti Domini Regis ad pacem in Com' predict ' Conservand ' assignat ' recognovit se debere dicto Damino Regi x libr ' bonoe legalis monetoe Anglioe de bonis Catallis terris tenement ' suis fieri levari ad opus dicti Domini Regis heredum Successorum suorum si defecerit in Conditione indorsata Alias MEmorand ' quod c. Die c. Anno c. venerunt coram me M. D. uno Justiciar ' c. assignat ' T. F. de W. in Com' predict ' Yeoman J. S. de eisdem Villa Com' Husbandman Manuceperunt uterque eorum separatim manucepit sub pena v li. legalis monetoe Anglioe pro W. S. de W. predict ' Taylor predict ' W. S. assumpsit pro seipso sub pena x li. consimilis monetoe Anglioe quas quidem separales Summas recognoverint quilibet eorum ut predictum recognovit se debere dicto Domino Regi de terris tenement ' bonis Catallis suis fieri c. si predict ' W. S. defecerit in performatione Condition ' infrascript ' A Condition to keep the Peace THe Condition of this Recognizance is such that if the within Bounden J. S. shall personally appear before the Justices of our said Soveraign Lord the King at the next General Sessions of the Peace to be holden in the said County of C. to do and receive that which by the Court shall be then and there enjoyned him and that he in the mean time do keep the Peace of our said Soveraign Lord the King towards the Kings Majesty and all his Liege People and especially towards A. B. of C. aforesaid Yeoman that then c. Kilborns Presidents 176. Retorn LIX Lamb. 107. If the Surety were taken by virtue of a Supplicavit then must the Justice of Peace being in this Case but a Minister make return of the Writ and Certificate of his doing into the Court from whence the Supplicavit did proceed First let him note upon the Back of the Supplicavit thus Executio istius brevis patet in quadam Schedula huic brevi Annexa The Schedule thus EGo T. F. Miles unus Custodum pacis Domini Regis in Com' K. certifico in Canceliarioam dicti Domini Regis me virtute istius Brevis mihi per A. B. in eodem Brevi nominat ' primo deliberati personaliter coram me tali die loco venire fecisse T. R. in dicto Brevi nominatum ac eundem T. ad sufficientem securitatem manucaptores pacis inveniend ' secundum formam dicti Brevis viz. as the Writ which is of divers forms shall appoint Compulisse in cujus rei testimonium huic presenti Certificationi meoe sigillum meum apposui datum apud D. predict ' in Com' predict ' 25 Die Febr ' Anno c. Dalt 185. cap. 73. Certiorari LX. Lamb. 108. If a Certiorari be directed out of the Chancery to the Justice of the Peace for removing this Recognizance because it was not sent up together with the Certificate as there was no necessity that it should then that Writ also may be thus Answered Upon the Back of the Writ thus VIrtute Istius Brevis ego P. H. unus Custodum Pacis Domini Regis in Com' K. tenorem securitatis pacis unde infrà fit mentio Dicto Domino Regi in Cancellariam suam sub sigillo meo distinctè apertè mitto prout patet in Schedula huic Brevi consuta Crumpt 143. ab The which Schedule may be thus Reciting MEmorand ' quod XX die c. Anno c. the whole Recognizance to the End then in cujus rei Testimonium ego predict ' P. H. sigillum meum apposui dat' c. Dalt 185. cap. 73. Joyndre LXI Lamb. 108 109. If the Supplicavit be against divers and the Party will release his Prayer of the Peace against one of them then the release ought to be certified for him and the Writ must be served for the rest or else non est Inventus may be certified for him and the Writ may be certified for the rest Dalt 173. cap. 69. Retorn LXII Lamb. 109. And this Form may serve also where a Certiorari is brought to a Justice of Peace to remove a Recognizance of the Peace that was taken by him ex officio without any such Writ of Supplicavit as Registre 90. But if the Recognizance be not thus removed from the Justice of Peace then may he keep it till the Certiorari come to him for it On the other side if the Recognizance were taken by vertue of his Office then whether it were by his own Discretion or at the Suit and desire of another he must send or bring it in at the next Sessions to the Custos Rotulorum so that the Recognizor may be there Called and if he make default then the same default to be recorded as is appointed by 3 H. 7. 1. § 1. N. 26. Dalt 174. cap. 70. LXIII Lamb. 109. And although the Party that prayed the Peace Appearance do not then appear at those Sessions yet is not the default of the Recognizor discharged thereby 39 H. 6. 26. Surety Br. 10. and the Justices may then of discretion bind him over which also they ordinarily do in some places for two or three Sessions together by order among themselves Dalt 174. cap. 71. LXIV Lamb. 110. The Justice of Peace that of his own motion compelleth one to give Surety of the Peace until a certain day Release may by like discretion before that day release it Fitzh 10. and if it should fortune to be made to keep the Peace Generally without any day limited then would it be construed that it was to continue during the Life of the Party bound and then could no man release it by Fitzh 21 Ed. 4. 40. 9 Ed. 4. 3. Crumpt 139. b. § 15. 141. Dalt 175. cap. 71. LXV Lamb. 110. If at the Suit of A. the Recognizance should be taken to keep the Peace against A. only and none other then may A. release it either before the same Justice or any other that will certifie the release which Certificate being of Record will discharge it but to release it by Deed is nothing worth by Marrow
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
Borshoulders of the Hundred of A. and to every of them Kent ss Forasmuch as it hath been duly proved before me that A. B. Keeper of his Majesties Goal at C. in the County aforesaid did upon the 10. day of June last past permit D.E. to go at large contrary to the Warrant of his Commitment made by vertue of an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles and contrary to the Act aforesaid These are therefore in his Majesties Name to Charge and Command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said A.B. Ten pounds by him forfeited for his said Offence and that you do pay the Moneys so levied to the Church-Wardens of the Parish of T. in the said County for the relief of the poor of the Parish Given under our Hands and Seals the day of c. 2. The like Mittimus Mutatis Mutandis if the Keeper of the House of Correction suffer the Offender to go at large Escape XLVIII Kilb. Precedents 82. 83. the like Mittimus for suffering one at large to Joyn with the Offender in the Exercise of Religion To the Constable c. Kent ss Forasmuch as it hath been duely proved before us that A. B. Keeper of his Majesties Goal at C. in the County aforesaid did upon the 10. day of June last past permit E. F. being then a Person at large to joyn with D. E. a Person Committed to his custody by vertue of an Act of Parliament lately made Intituled an Act to prevent and suppress Seditious Conventicles in the Exercise of Religion differing from the Rights of the Church of England contrary to the Act aforesaid These are therefore in his Majesties Name to charge and command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said A. B. Ten Pounds by him forfeited for his said Offence and that you do pay the Moneys so levied to the Church-Wardens of the Parish of T. the Parish where the Offender did last inhabit in the said County for the relief of the Poor of the said Parish Hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like Mutatis Mutandis against the Keeper of the House of Correction if he offend in the like Case Dignity XLIX Kilb. Precedents 83. 84. A Warrant to levy the forfeiture of a Peer on the first Conviction 22 Car. 2. To the Constable and Borshoulders of the Hundred of A. and to every of them Kent ss Forasmuch as T. Lord C. a Peer of this Realm was this present day according to the form of An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made of being present in the Parish of V. in the said County at an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England contrary to the Act aforesaid These are therefore in his Majesties Name to charge and command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said T. Lord C. Ten pounds for the Offence aforesaid and that you do pay the Moneys so levied to the Church-Wardens of the aforesaid Parish of V. for Relief of the Poor of the said Parish hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like for the second Conviction c. and the like for a Peers suffering a Conventicle the first and second conviction L. Kilb. Precedents 868. Imprisonment A Mittimus for a Nonconformist c. on 17 Car. 22. § 5. N. 1. To the Constable and Borshoulders of the Hundred of A. and to every of them and to the Keeper of his Majesties Goal for the said County at M. in the County aforesaid Kent ss Forasmuch as it hath been duly proved before us viz. two Justices c. that A. B. Parson Vicar Curate Lecturer or other Person in holy Orders Stipendary or other Person who hath been possessed of any Ecclesiastical or Spiritual promotion who hath not declared assent to the Common Prayer pro ut the Act of 14 Car. 2. or Preacher in Conventicle upon the 12. day of c. or c. was within five Miles of D. a City Town Corporate or Borrough that sends Burghesses to Parliament or of any Parish Town or place wherein he or they have since the Act of Oblivion been Parson Vicar Curate Stipendary or Lecturer or taken upon them to Preach in a Conventicle contrary to the form of the Statute in that Case made and provided Intituled an Act for restraining Nonconformists from inhabiting in Corporations These are therefore in his Majesties Name to will and require you to take the said A. B. and him convey to the Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep for six Months without Bail or Mainprise hereof fail not at your perils Given under our Hands and Seals c. LI. West symâ—â— 2 part 101 b. 102. sect 95. Church An Indictment for absence from Church c. 1 Eliz. 2. § 14. N. 1. supra Essex ss Juratores pro Domino rege super Sacrament ' suum presentant ' quod cum in statuto in Parliament ' Dom ' Eliz. Dei Gratia c. Anno regni sui primo tent ' apud W. in Com. M. inter alia inactitat ' ordinat ' existit quod post Festum Sancti Johan ' Bapt ' Anno Regni Dictae Dominae Reginae omnis singula persona sive personae Inhabitant ' in hoc Regno Angliae aut aliquo alio Dominiorum dictae Dominae Reginae diligenter fideliter habentes nullam legalem seu rationabilem Excusationem abessendi adnitentur adire suam Parochialem Ecclesiam vel Capellam consuetam vel super rationabile impediment ' aliquem usitatum locum ubi communes precationes Divina servitia in Actu illo mentionat ' Celebrat ' fuerint tempore talis impediment ' quodlibet die Dominico alijs diebus ordinarijs usitatis observari ut Feestivis Diebus tunc ibidem manâ—re secundum ordinem sobriè durante tempore Precium communium Predecationum aut aliorum divinorum Servitiorum ibidem utend ' ministrand ' sub pena punitionis per censuras Ecclesiae etiam sub pena quod quilibet persona sic offendens forisfaciat pro qualibet tali offensa 12. denarios levand ' per Gardianos Ecclesiae parochialis ubi talis offensa foret fact ' ad usum pauperum Inhabitent ' ejusd ' parochiae de bonis terris tenementis offend ' per medum districtionum pro
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
punish the Infringers and Contemners thereof in such wise as is limited by the same have been very remiss and negligent in doing their Offices to the great detriment hurt and prejudice of the Common-wealth Days For Reformation whereof § 1. N. 3. be it Enacted by the King our Soveraign Lord with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same that all and singular the Iustices of Peace within any Shire City Borough or Place within this Realm of England Wales or any other the Kings Dominions shall yearly at the general Sessions of the Peace to be holden next after the Feast of Easter assemble themselves together that is to say every Number of them within the limits of their Commissions wherein they be named Iustices of Peace 37 H. 8. Cap. 7. Peace And at and upon such their Assembly § 1. N. 4. shall diligently together amongst themselves peruse examine study and know the Effects and true Intents of the Laws Statutes Ordinances and Provisions hereafter specified that is to say the Laws and Scatutes heretofore made and provided concerning or in any wise touching Vagabonds Retainers giving Liveries Signs Tokens or Badges Maintenance Imbracery Bowstaves and Archery unlawful Games Forestallers and Regrators Victual-Victualers and Inn-holders and every of them and of all Statutes and Laws made in this present Parliament touching the same or any of them and after the perusing and deliberate understanding of the said Laws Statutes and Ordinances they shall devise among themselves how the same may be best put in due and just Execution 37 H. 8. Cap. 7. § 1. N. 2. Lieu. And for the better proceeding therein § 1. N. 5. they shall divide and sever them selves limiting and assigning alwayâ—s the number of two of them at least or more into Hundreds Wapentakes Rapes Commotes or number of Towns and Villages by their discretions 37 H. 8. Cap. 7. § 1. N. 4. Justices And that the said Iustices so divided § 1. N. 6. or two of them at the least shall in every Quarter of the Year from and after the said Feast of Easter next coming hold and keep within the limits of their Division one Session besides the general Quarter Sessions for the Peace the said one Session to be kept and holden alwayes within the limits of their Division at and in one such day as by them shall be appointed so that it be always six weeks at the least before the Quarter Sessions 37 H. 8. Cap. 7. § 1. N. 7. Dayes And that all Process and Proceedings in every of the said Sessions so to be holden shall be continued from Sessions to Sessions 37 H. 8. Cap. 7. § 1. N. 7. § 1. N. 6. Enquest And that the said Iustices or two of them at the least § 1. N. 8. at and in every such Sessions shall have power and authority to enquire as well by the Oaths of twelve men Inhabitants within the limits of their Division as by any Information given to them by any Person or Persons of all defaults offences or contempts done or committed or hereafter to be done or committed against the Form of any of the Statutes aforesaid and to hear and determin the same 37 Hen. 8. Cap. 7. § 1. N. 7. Outlary And shall also have power and authority upon any Presentment or § 1. N. 9 Information touching the Premises or any of them to make Process by Venire Facias one Capias and an Exigent under the Seals of the same Iustices or two of them against every such Person and Persons against whom any such Information or Presentment shall be had for their appearance afore them in their Sessions to be holden as is aforesaid to answer to such Information or Presentment as shall be there had or made 37. H 8. Cap. 7. § 1. N. 8. §. 1. N. 10. And if the Person or Persons accused by Information or Presentment shall be convict upon any such Information or Presentment by Confession or Verdict of twelve men that then the said Iustices of Peace Execution or two of them afore whom such conviction shall be had shall have power and authority to give Iudgement against every such Offender and Offenders so convict of such pains by imprisonment or such Pains losses and forfeitures of mony or both or any of them as are limited in the said several Statutes for such offences whereof they shall be so convict and cause Execution thereof to be made and had accordingly 37 H. 8. Cap. 7. § 1. N. 9. § 1. N. 11. And also the said Iustices of Peace or two of them Inquest at and in their said Sessions to be holden as is aforesaid shall have power and authority to correct and reform the Pannels of Iuries for any Inquiries to be made afore them touching the said Statutes or any of them in like manner or form as Iustices of Goal-delivery and of Peace may do in their Sessions by vertue of a Statute thereof made in the third year of our most dread Soverign Lord the Kings Raign that now is viz. 3 H. 8. 12. 37 H. 8. Cap. 7. § 1. N. 10. § 1. N. 12. And that the Sheriffs and other Ministers having power to return Pannels Return shall make his and their Returns according to such Reformation and Correction of the Iustices aforesaid upon the Pain limited by the same Statute viz. 3 H. 8. Cap. 12. 37 H. 8. 7. § 1. N. Cap. 11. § 2. N. 1. And it is ordained and enacted by Authority aforesaid Prerog that if any person or persons be Convict as is aforesaid by any Information afore the said Iustices or two of them within the limits of their Division that then the Moity of the Pains Losses and Forfeitures of Mony of the Offenders so Convict shall be to the Kings Majesties use and the other Moity thereof to the Party that persueth such Information according to the tenor and effect of the said several Statutes § 2. N. 2. And if any Conviction be had by reason or upon any Presentment Forfeiture that then the Kings Majesty shall have the whole Pains Fines and Forfeitures of the Offenders all which Pains Fines Losses and Forfeitures of Mony to be due to the King by reason of any Conviction as is aforesaid together with all Issues Fines and Amercements afore the said Iustices within the limits of their Division shall be levyed by the Sheriff or his Ministers by a Schedule Indented to be made between such Iustices or two of them afore whom such Pains Losses and Forfeitures Fines Issues and Amercements shall be lost and forfeit and the said Sheriff § 2. N. 3. The one part of which Schedule Certificate shall be certified by the said Iustices or two of them yearly in the Term of St. Michael into the Kings Exchequer
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
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
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
otherwise as the Cause shall require Poor Nor viz. this Statute shall not extend to any Cottage to be made § 6. N. 4. which for any just respect upon Complaint to the Iustices of Assize at the Assizes or to the Iustices of Peace at the Quarter Sessions be decreed to continue for Habitation or for and during so long time only as by such Decree shall be altered and limited Force Be it Ordained Declared and Enacted c. viz. on 8 H. 6. Cap. 9. C. 11. § 3. N. 3. § 7. N. 1. that no restitution upon any Indictment of forcible Entry or holding with force be made to any person or persons if the person or persons so indicted hath had the Occupation or hath been in quiet Possession for the space of three whole years together next before the day of such Indictment so found and his her or their Estate or Estates therein not ended or determined Restitution Which the Party indicted shall and may alledge for stay of Restitution § 3. N. 4. and Restitution to stay until that be tryed if the other will deny or traverse the same Market Overt The one half of all which Forfeitures viz of not Tolling C. 12. § 2. N. 9. or Vouching or Entring Sale of Horses in Market c. to be to the Queens Majesty her Heirs and Successors and the other half to him or them that will sue for the same before the Iustices of Peace or in any of her Majesties ordinary Courts of Record by Bill Plaint Action of Debt or Information in which no Essoyn or Protection shall be allowed Cattle And be it further Enacted § 3. N. 1. that the Iustices of Peace in every Place and County as well within Liberties as without shall have Authority in their Sessions within the limits of their Authority and Commission to inquire hear and determine all Offences against this Statute viz. of selling Horses in Fairs and Markets as they may do any other matter tryable before them Pope And that the Iustices of Peace before whom any such Abjuration shall happen to be made c. viz. by Party absent a Month from Church 35 Eliz. C. 1. § 2. N. 3. or at Conventicle c. shall cause the same presently to be entred of Record before them and shall certify the same to the Iustices of Assizes and Goal-delivery of the County at the next Assizes or Goal-delivery to be holden in the same County Pope That in every such Case C. 2. § 8. N. 4. viz. where a restrained Papist exceeds five Miles of Home and is unable to pay Fine and doth not reform every such Offender being thereunto warned or required by any two Iustices of Peace or Coroner of the same County where such Offender shall then be shall upon his or their Corporal Oath before any two Iustices of the Peace or Coroner of the same County abjure this Realm of England and all other the Queens Majesties Dominions for ever Justices And that every Iustice of Peace and Coroner before whom any such Abjuration shall happen to be made as is aforesaid § 9. N. 1. shall cause the same presently to be entred of Record before them and shall certify the same to the Iustices of Assizes or Goal-delivery of the said County at the next Assizes or general Goal-delivery to be holden in the same County C. 4. § 1. N. 1 Be it Enacted Poor c. that every Parish within this Realm of England and Wales shall be charged to pay weekly such a sum of mony towards the relief of the sick hurt and maihmed Souldiers and Mariners that c. shall lose their Limbs or disable their Bodies having been pressed and in pay for her Majesties Service as by the Iustices of Peace or the more part of them in their general quarter Sessions to be holden in the several Counties c. about the Feast of St. John Baptist yearly shall be appointed § 1. N. 3. So as no Parish be rated above the sum of six pence Taxes nor under the sum of one penny weekly to be paid 39 Eliz. C. 2. § 9. N. 1. And be it further Enacted Husbandry c. that the Iustices of Assize or Iustices of Peace in every County within this Realm at the Assizes or quarter or general Sessions shall have full Power and Authority by vertue of this Act to inquire hear and determine all and every the Defaults and Offences committed or done contrary to this Act viz. Husbandry and Tillage within the County where any such Assizes or Sessions shall be kept by Inquisition Presentment Indictment Bill or Information or by any of the same ways or means § 9. N. 2. And upon the Conviction of the Offender Forfeitures by Information or Suit of any other than her Majesty her Heirs or Successors to make Extracts of one third part of the Forfeitures to be levyed for the Queens Majesty her Heirs and Successors as they use to do of other Fines Issues and Amercements grown in the Sessions of the Peace § 9. N. 3. And to award Execution of the two other third parts Execution the one for the Complainant or Informer and the other to the Poor by the discretion of the Iustices of Peace of the general Sessions against the Offender by Fieri facias and Capias as her Majesties Iustices at Westminster may do and use to do § 9. N. 4. And if any such Conviction shall hereafter happen to be at her Majesties Suit only Process that then the Forfeitures to be Extracted and levyed for her Majesty her Heirs and Suecessors to the uses aforesaid § 9. N. 5. And it is also further Enacted Husbandry that if any person shall hereafter be punished by vertue of this Act viz. of Husbandry and Tillage that the same person shall not otherwise be vexed troubled sued or put to any pain or punishment for the thing wherefore he or they shall have been so punished C. 3. § 1. N. 1. Be it Enacted c. that the Church-wardens of every Parish Poor and four substantial Housholders there being Subsidy-men or for want of Subsidy-men some other substantial Housholder of the said Parish who shall be nominated yearly in Easter week under the Hand and Seal of two or more Iustices of the Peace in the same County whereof one to be of the Quorum dwelling in or near the same Parish shall be called Overseers of the Poor of the same Parish 43 Eliz. Cap. 2. § 1. N. 1. § 1. N. 4. And also to raise weekly or otherwise Taxes by Taxation of every Inhabitant and every Occupier of Lands in the same Parish in such competent c. sums of mony as they shall think fit a convenient stock of Flax Hemp Wool Thred Iron and other necessary Ware and Stuff to set the Poor on work and also
Iustices in the said County within the said Term of Seven Years if it shall seem good in their discretions to discharge the said Recognizance and Bond so taken and also the said Party and Parties so bound c. Ways And that the Iustices of Peace or any four of them in either of the said Counties whereof one to be of the Quorum C. 23. § 4. N 3. severally and respectively shall have Power and Authority by this Act to tax assess and rate all and every the Inhabitants of the said several Counties of Glocester and Monmouth severally and respectively as well within Liberties as without to such reasonable sum and sums of mony from time to time as to the said Iustices or any four of them in either of the said Counties severally and respectively whereof one to be of the Quorum shall be thought fit needful and convenient for the building new making up and erecting of the said Bridge viz. of Chepstow and for the continual reparation thereof Ways And be it further Enacted C. 24. § 3. N. 1. c. that the Iustices of Peace of the said County of Worcester or any three four or more of them to be nominated and agreed on by the Iustices of Peace of the said County or the more part of them in their general Quarter Sessions shall have full Power and Authority from time to time as often as need shall require untill the said Bridge viz. over the Severn near Upton shall be fully reedified c. to rate tax and assess the said County of Worcester and the several Hundreds Towns Parishes Villages and Hamlets within the same and every Inhabitant or Dweller within any the said Hundreds c. other than the said City of Worcester and the Citizens aforesaid concerning their Lands Goods and Chattels aforesaid to such reasonable sum and sums of mony as to the said Iustices so nominated as aforesaid or any three four or more of them shall be thought fit and convenient Scotland And be it further Enacted 4 Jac. Cap. 1. § 28. N. 1. c. that every Iustice of Peace of the Counties aforesaid viz. of Cumberland Northumberland Westmerland c. unto whom Complaint shall be made viz. of Offences in England by Scots or in Scotland by English shall have full Power and Authority by vertue of this Act to bind over by Recognizance in a convenient Sum taken to his Majesties use as well the Party prosecuting as any Witnesses which he shall desire to produce so as the said Witnesses may have their reasonable charges first tendred unto them to prosecute and give in Evidence before such his Majesties Iustices as aforesaid as the Case shall require 7 Jac. Cap. 1. § 3. N. 1. C. 4. § 2. N. 1. And be it further Enacted Ale c. that all Offences to be done or committed contrary to the true meaning of this Act viz. of selling Ale without Licence c. and all Penalties aforesaid shall be inquired of sued for heard and determined in the Sessions of the Peace for the County City or Borough Town or Liberty or in the Court of Record of the City Borough Town or Liberty wherein such Offence shall be committed by Action of Debt Information Indictment or Presentment wherein no Essoyn Protection or Wager of Law shall be allowed to the Defendant C. 5. § 2. N. 2. And if the said person Ale c. so convicted viz. of being drunk shall refuse or neglect to pay c. viz. 5 s. then the same shall be from time to time levyed of the Goods of every such person c. so refusing or neglecting to pay the same by Warrant or Precept from the same Court Iudge or Iustices before whom the same conviction shall be § 2. N 3. And if the Offender Imprisonment c. be not able to pay the said sum of five shillings then the Offender c. shall be committed to the Stocks for every Offence there to remain by the space of six hours § 3. N. 1. And be it further Enacted c. that if any Constable Constable or any other inferior Officer of that Parish or Place where the Offence shall be committed to whom that shall be given in Charge by the Precept of any Mayor Bailiff other Head-Officer or Iustices of the Peace within their several Limits do neglect the due Correction of the said Offender or the due levying of the said Penalties where Distress may be had then every person so offending shall forfeit the sum of ten shillings c. to be levyed by way of distress by any other person c. having Warrant from any Mayor Bailiff or other Head-Officer Iustices of Peace or Court where any such Conviction shall be c. § 5. N. 2. Be it further Enacted Justices c. that all the Offences in this and the said former Act viz. 1 Jac. Cap. 9. mentioned viz. selling Ale without Licence being drunk c. shall be from time to time diligently inquired of and presented before the Iustices of Assizes in their Circuit Iustices of Peace in their Quarter or Ordinary Sessions and before the Mayors Bailiffs or other Head-Officers of every City or Town-Corporate who have Power to inquire of Trespasses Riots Routs forces and such like Offences and in every Court-Leet and thereupon such due proceeding shall be against the Offender c. for their due Conviction in that behalf as in such like Cases upon any Indictment or Presentment is used by the Laws of the Realm or Customs of the City Town or Place where such Presentment or Indictment shall be inquired of and found 7 Jac. Cap. 1. § 3. N 1. For the preventing Scotland c. viz. of not sending English into Scotland for Offences there Contra Be it Enacted c. that if any time c. any person c. shall commit c. pety Treason Murder Manslaughter Felonious burning of Houses and Corn Burglary Robbing of Houses by day Robbery Theft or Rape and do or shall fly or escape into the Realm of England and be or shall be apprehended c. within the Parts c. lying on the North-side of the River Tyne c. that then it shall and may be lawful to and for the Iustices of Assize or any one of them in the absence of the other the Iustices of Goal-delivery at their Goal-delivery or any four of them or the Iustices of Peace in their General or Quarter Sessions or any four of them upon due and mature Examination of the said Offence c. in open Sessions and pregnant proofs of the same by Warrant under their Hands and Seals to remand and send all and every such Offender c. into the Realm of Scotland there to receive their Tryal for any the Offences aforesaid by them there committed any thing in the said Statute viz. 4 Jac. Cap. 1. § 37. N. 1. to the
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
or not dwelling within five Miles of the Sea Coast or not dwelling in a House two Furlongs distant from any City Bourough or Town do keep or have in his house any Cross-bow 33 H. 8. 6. § 6. N. 1. Lambert 295. Days XVII Lambert 473. Inquiry if any having 100 l. per An. having Seised any Cross-bow or Gun by virtue of this Act have not broken the same in pieces within 20 dayes next after such Seisure 33 H. 8. 6. § 2. N. 2. Fowl XVIII Crompt 89. b. Inquire if any who is no Lord of Parliament Shoot in any Hand-gun within a City or Town at any Fowl or other Marks upon any Church House or Dovecote or shoot more Bullets then one at a time or Hail-shot shall lose 10 l and shall be Imprisoned three years 2 3 Ed. 6. 14. § 1. N. 3. Enquest XIX Lambert 190. b. 191. Justices of Peace also by another Enquest may Inquire of the Concealment of such an Enquest as is Sworn before them to Inquire of Offences done against 33 H. 8. 6. § 20. N. 1. concerning shooting in Guns and Cross-bows and the Fine of every such Juror that is Convict of such Offence is 20 s. Justices XX. Lambert 620. The Justice of Peace that faileth to Record at the next Quarter Sessions the name of any person Authorized to shoot in a Gun that hath presented his Name unto him shall lose 20 s. if 2 3 Ed. 6. 14. § 2. N. 3. do so far extend whereof the words give cause of doubt Apprentices XXI 1 H. 7. 2. § 1. N. 11. Furthermore it is Ordained and Enacted c. that none Apprentice ne Servant of Husbandry Laborer ne Servant Artificer Play at the Tables from the tenth day of January next coming but only for Meat and Drink ne at the Tenis Claysh Dice Cards Bowls nor any other unlawfull Game in no wise out of Christmas and in Christmas to play only in the dwelling house of his Master or where the Master of any of the said Servants is present upon pain of Imprisonment by the space of a day in the Stocks openly Process XXII 11 H. 7. 2. § 1. N. 12. And that the Householder where Dicing Carding Tennis playing Bowls Claysh or any other unlawfull Game afore rehersed shall be used otherwise then is afore rehersed and that lawfully be presented before the Justices of Peace the Mayor or Sheriff in his Tourn or Steward in his Leet or by Examination had before the said Justices of Peace that Process be made upon the same as upon Indictment of Trespass against the Kings Peace and that the said misdoers be admitmitted to no Fine under the Sum of 6 s. 8 d. XXIII Lamberts Precedents 18. b. pl. 51. An Indictment for keeping unlawfull Play and Playing thereat West Symb. 2. pt 109. b. § 121. against 33 H. 8. 9. § 11. N. 1. Pract. Preced 163. 159. Kent ss Juratores pro Domino Rege supra sacramentum suum presenttant quod A. R. de C. in dicto Comitatu Tyler secundo die Junii Anno Regni c. continue post dictum diem Anno supradict ' usque primum diem Mensis Julii Anno supradict ' apud C. predict ' in Comitat ' predict ' quendam Communem locum Jacendi Globos Anglice a Common Bowling Alley pro lucro ipsius A. B. proprio ad Ludendum tunc ibidem cum Globis Anglice vocat ' Bowles illicite tenuit custodivit ac manutenuit contra form ' cujusdam Statuti in Parliament ' Domini Henrici nuper Regis Angliae 8. Anno Regni sui 33 in hujusmodi casu provisi ac Editi Et quod J. S. de C. predict ' in dicto Comitatu Laborer tres aliae personae ignotae dicto secundo die Junii Anno supradict ' dictum communem locum usitaverunt ac tunc ibidem cum Globis Anglice vocat ' Bowls insimul illicite luserunt contra formam Statuti predicti XXIV Dalt 80. cap. 31. A man cannot be restrained to use the Trade of making Dice Cards Bowles or the like except it be by Parliament c. 11 Co. 86. Gawgers see Measures Glass men see Trades Goals see Imprisonment Goldsmiths see Mettle Good Behaviour Peace Behaviour Abearing Affray Sureties Warrants Recognizance Contempts I. Lambert 2. cap. 2. pag. 116. That in 2 H. 7. 2. Peace the Surety of the good Abearing is set forth to rest in this point chiefly that a man demean him-himself well in his Port and Company doing nothing that may be cause of the breach of the Peace or of putting the People in fear or trouble and that it doth not consist in the observation of things that concern not the Peace And that it should differ from Surety of the Peace in this that where the Peace is not broken without an Affray or Battery or such like this Surety de bono Gestu may be broken by the number of a mans Company or by his or their Weapons or Harness Dalt 187. infra § 12. Recognizance II. Lambert 116. ibid. Herewithall also do certain Precedents of the Kings Bench agree which in Surety of the Good Abearing taken at the Suit of some one person do mingle the words a modo se bene Geret erga Dominum Regem cunctum populum suum precipue erga T. B. with those other words that are commonly put in the Recognizance for the Peace as in Rast Entr. 415 416. Tit. Peace any man may see III. Lambert 117. But all this notwithstanding Condition methinks that a man may reasonably affirm that the Surety of Good Abearing should not be restrained to so narrow Bounds for first the Statute 34 Ed. 3. 1. § 1. N. 6. Enableth the Wardens of the Peace to take of all them that be not of Good Fame where they shall be found sufficient Surety and Mainprise of their Good Abearing towards the King and his People so that if a man be defamed he may by vertue hereof be bound to his Good Behaviour at the discretion of the Wardens and Justices of the Peace And I once received a special Writ out of the Chancery directed Custodibus Pacis Vicecom ' eorum cuilibet and grounded upon the same Statute for the Binding of a man with Surety quod ipse boni Gestus Famae de caetero erit quod nihil in contrarium Statuti predicti quovismodo attemptabit c. wherein I proceeded as a Minister only Dalt 188. cap. 74. IV. Lambert 117. But the doubt resteth in this Justices to understand concerning what matters this Defamation must be and that as I think may be partly gathered out of the said Statute also for after it hath 34 Ed. 3. 1. § 1. N. ◠3 given power to the Wardens of the Peace to Arrest and Chastice Offenders viz. against the Peace Rioters and Barretors then it willeth them 34 Ed. 3. 1. § 1. N. 4. To
Common Law against him that shall threaten one to beat him as appeareth by 33 H. 6. 18. b. 37 H. 6. 20 c. and shall suppose it to be contrà pacem But otherwise it is if A. be not present at that threatning by good opinion 18 Ed. 4. 28. yet if in the absence of A. he doth threaten that he will beat him and then do afterward lye in wait to beat him he hath in that Case also broken his Recognizance 22 Ed. 4. 35. b. per Curiam Crumpt 136 137. Lamb. 127. Dalt 177. cap. 72. LXXV Lamb. 113. Like forfeiture is it if he that is bound do but command or procure another to break the Peace upon any man or to do any other unlawful act against the Peace if that it be done indeed tempus H. 8. Peace Br. 20. 7 H. 4. 34. Dalt 178. cap. 72. LXXVI Crumpt 135. If a man be not in fear that A. will beat him Oath or c. yet if he doubts that he will procure this or procure another to kill his Cattle or do evil to them or to burn his Houses or such like he must take his Oath expresly for this whereof he stands in doubt as it seemeth for it may be he stands in doubt of one and not of another LXXVII Crumpt 136. A Justice of Peace makes a Warrant to the Sheriff to Attach another and to carry him to the Sessions to be bound to the Peace and that in the mean time he bind him to the Peace and for his appearance at the Sessions aforesaid Quaere if this Precept that he do bind him ut suprà be good but the Justices of B. R. may command the Sheriff as appears F. N. B. 79. Lamb. 187. Dalt 330. cap. 117. Dalt 183. cap. 73. LXXVIII Crumpt 136. b. Nota Where any Recognizance shall be forfeit which is taken for the Peace that Act must be done to the person that shall be a breach of the Peace by Marrow lect 7. Lamb. 115. Dalt 178. cap. 72. 2 H. 7. 1. LXXIX Dalt 177. cap. 72. Whatsoever act is a breach of the Peace the doing or intending thereof against the person of another being present is a forfeiture of this Recognizance Crumpt 137. ab LXXX Crumpt 136. b. 137. If a man corrects his Wife Affray Servant or Child reasonably it s no breach of the Peace c. Marrow lect 7. 21 Ed. 6. 53. A Master may beat another in defence of his Servant for fear of losing his Servant and so he may do in defence of his Wife and Children and so a Servant in defence of his Master may beat another and no breach of the Peace c Ibidem see 21 H. 7. 41. 35 H. 6. 56. 9 Ed. 4. 51. A Child may beat another in defence of his Father or Mother and no breach c. Ibidem A man may beat another in defence of his Goods and no breach c. ibid. 9 Ed. 4. Trespass The Case is that if a man will take anothers Goods he may lay his hands upon him and disturb him and if he will not let them go he may beat him rather then suffer him to carry them away libr ' Intr ' 553. 189. Dalt 181. cap. 72. To beat a Man that is Mad with Rods and bind him is no breach of the Peace 22 Ass 56. 22. Ed. 4. 44. Dalt 179. cap. 72. LXXXI Crumpt 137. b. A Justice of Peace enjoyns a man on pain of 10 li. to keep the Peace It avails nothing by Marrow lect 6. Crumpt 123. § 9. 135. a. Officer LXXXII Crumpt 137. b. § 17. If a Clerk of the Peace gives or makes promise to give any thing in consideration of having the said Office of Clerk-ship he shall be by this disabled of having and occupying the said Office 5 6 Ed. 6. 16. § N. Oath LXXXIII Crumpt 139. b. § 18. Nota The Clerk of the Peace must take in the same Court where he is to serve the Oath of Supremacy before he shall be permitted allowed or suffered to exercise the said Office 5 Eliz. 1. § 19. N. 3. Justices LXXXIV Crumpt 140. § 20. In an Appeal of Maim the Court took surety of the Peace of both Parties by their discretion by four Mainpervors until the Plaintiffs wound were Cured each in 40 li. to the King 21 Ass 27. Error Br. 64. and so may Justices of Peace as it seemeth on view in Court of the wound and maim Appearance LXXXV Crumpt 140. b. If a man be bound to the Peace and to appear at a certain day he must appear at this day and Record his appearance tho he that demands the Peace comes not otherwise the Recognizance shall be forfeit 39 H. 6. 26. Dalt 174. cap. 71. and though the Justice doth not return the Recognizance to the Sessions yet the Party must appear and Record his appearance as where a Sheriff takes an obligation to appear in C. B. c. he must appear there and Record his appearance at the day otherwise the obligation shall be forfeit though the Sheriff doth not return the Writ 18 Ed. 4. 18. Condition Br. 162. Supplicavit LXXXVI Crumpt 140. b. When a Supplicavit of the Peace is directed to the Sheriff and to all the Justices and is delivered to one of them he alone shall execute the Writ and he that is Attacht by virtue of this Writ cannot go to be bound before any other Justice c. 21 H. 7. 22. Crumpt 141. 9 Ed. 4. 32. Dalt 182. cap. 73. Recognizance LXXXVII Crumpt 141. If a Man forfeits the Recognizance of the Peace yet until he be thereof Convict by course of Law he shall not be forced to find new Security for before Conviction it stands indifferent whether he hath forfeited the Recognizance or not but after he is Convict of breach of the Peace then he shall be bound anew 21 Ed. 4. 40. 10 H. 7. 11. Crumpt 142. b. 152. § 4. Lamb. 78. suprà 11. Dalt 159. cap. 67. LXXXVIII Crumpt 141. Nota if a Man be bound to the Peace and his Sureties be not sufficient another Justice may force him to find better Surety because the Precept is ad inveniend ' suffic ' securitat ' Marrow lect 6. Dalt 174. cap. 70. LXXXIX Crumpt 142. When the Conusor hath forfeit his Recognizance and paid his Mony the Court Ex Officio shall Award him to Prison until he hath found Surety de novo because the Ancient Surety is determined and it appears to the Court that he is Transgressor of the Law and therefore shall have the rigor of the Law 21 Ed. 4. 48. XC Crumpt 142. b. If Sureties be dead and the King's Serjeant or Attorny surmiseth this to the Court they shall not compel the party to find new Surety for it was said at the Court that they can take no regard to any such surmise because the Executors of the Sureties are charged for
and to hold the said Slave to him his Executors or Assigns for the space of two years then next following and to order the said Slave as followeth that is to say to take such person adjudged a Slave with him and only giving the said Slave bread and water or small drink and such of meat as he shall think meet cause the said Slave to work by beating chaining or otherwise in such work and labor how vile soever it be as he shall put him unto 3 and 4 Ed. 6. 3. § 1. N. 2. Villenage CXLIV 1 Ed. 6. 3. § 2. N. 4. And if any manner of Slave either for loyterings or for the cause before rehearsed so adjudged shall within the space of the said two years here appointed run away depart or absent him from his said Master by the space of fourteen days together without License it shall not only be lawful to his said Master to pursue and search him again by vertue of this Act but also to punish such fault by chains or beating as is aforesaid Villenage CXLV 1 Ed. 6. 3. § 2. N. 5. And against the detainor if any man do willingly detain him knowing him to be a Slave as is aforesaid to have an Action of Trespass and recover thereby in dammages 10 l. besides the loss and charges of the suit for so detaining his said Slave Villenage CXLVI 1 Ed. 6. 3. § 2. N. 6. And further every such Master showing and proving by two sufficient witnesses the said offence and fault of his running away before two Justices of Peace of the same County whereof the one to be of the Quorum the same Justice shall cause such Slave or Loiterer to be marked on the Forehead or the ball of the Cheek with an hot Iron with the sign of an S. that he may be known for a Loiterer and a Runaway and shall adjudge the Loiterer and Runaway to be the said Masters Slave for ever Villenage CXLVII 1 Ed. 6. 3. § 2. N. 7. And if such Slave shall the second time run away or absent himself if the said Master shall prove the same second Running away with two sufficient witnesses before the Justice of Peace in their General and Quarter Sessions then every such fault and Running away to be adjudged Felony and such a Loiterer and Runnaway to be taken as a Felon and thereof being lawfully Indicted and attainted or otherwise condemned to suffer pains of death as other Felons ought to do CXLVIII 1 Ed. 6. 3. § 3. N. 1. Provided also and be it Enacted Clergy c. that no Clerk convicted shall hereafter make his purgation and upon such purgation be delivered and set at large otherwise than is in the Statute hereafter expressed CXLIX 1 Ed. 6. 3. § 4. N. 1. And be it further enacted Ordinary c. that every Clerk convict or hereafter to be convicted which should by the order of the Law enjoy the benefit of their purgation shall and may from henceforth find any man if they can who shall be bound with two sufficient Sureties to the Ordinary in the summ of 20 l. to the Kings Highness use to retain the said convict as his Slave and to keep the said person so convicted for the space of one year then next following that he shall not go abroad and at large and then the said convict shall be delivered to the said person so taking the same and being bound as is aforesaid to be his Slave for one whole year then next following by vertue of this Act in all such manner and form and to all such intents and purposes and with all such Orders Laws Conditions and penalties for Running away or other as is aforesaid of a Vagabond taken loytering and made a Slave burning in the brest only excepted and the Ordinary by the delivery of the said convict to such person being bound as is aforesaid to be of the keeping of the said convict clerely discharged and exonerated by vertue of this Act. CL. 1 Ed. 6. 3. § 5. N. 1. And if so be that the said Clerk so convict Bail cannot find any man to be bound as is aforesaid to whom he may be adjudged a Slave in the space of one year then at any time after the end of one year after his conviction it shall be lawful for the said Clerk convict to make his purgation as he might before this Estatute any thing in this present Act to the contrary notwithstanding CLI 1 Ed. 6. 3. § 6. N. 1. And where the Clerks convicted or attainted by the order of the Laws of this Realm cannot make their purgation Imprisonment and should perpetually by the same remain in prison Be it nevertheless enacted c. that if there be any manner of person who will at any time demand the same Clerk convicted or attainted and be bound to the Ordinary with two sufficient Sureties as is above written to keep the same as his Slave by the space of five years then next following that then the same shall be adjudged his Slave for like space with all such Orders Laws and Penalties for running away and other orders as is before expressed of a Vagabond adjudged to any man for a Slave the burning in the brest only excepted and upon the adjudgment delivered to such demandant the Ordinary from thenceforth of the keeping of such Clerk convicted or attainted clearely exonerated and discharged by vertue of this Act. CLII. 1 Ed. 6. 3. § 7. N. 1. And forasmuch as divers Women and Men go on Begging wayfaring Infant of the which some be impotent and lame and some able enough to labor which do carry Children about with them some four or five years of age or Younger or Elder which brought up in idleness might be so rooted in it that hardly they may be brought after to good thrift and labor CLIII 1 Ed. 6. 3. § 7. N. 2. Or if any Child above the age of five years and under the age of fourteen years Infant go idly wandring about as a Vagabond Infant CLIV. 1 Ed. 6. 3. § 7. N. 3. Be it Enacted c. that if any manner of person will take away such Child be it Male or Female of and from any such Begger being the Mother thereof Nourisher or Keeper whether they be willing or not or without any such Nourisher Mother or Keeper wandring and bring the said Child so taken away before one of the Constables of the Parish and two other honest and discreet Neighbours witnesses and before any Justice of the Peace there resiant and abiding and promise to bring the same Child up in some honest labor or occupation till he or she come to the age of twenty years the Woman Child or twenty four years the Man Child Infant CLV 1 Ed. 6. 3. § 7. N. 4. That then and immediatly the said Justice of Peace and Constable shall adjudge by virtue of this Act
said Justices assigned and allowed for the said Poor Charity CCCXLIV 14. Eliz. 5. § 25. N. 3. To ask gather and receive within such other Township or Parishes of the said County as the said Justices or the most part of them there then in their said Sessions assembled shall especially name and appoint limit and assign the Charitable devotion and Alms at the House or Houses of the Inhabitants of such Town Parish or Parishes by the said Justices Named Appointed Limited or Assigned so that they do appoint the said Poor so to be relieved only within the Towns and Parishes being within the divisions of the same Justices that so shall give such Licence or Licences Lieu. CCCXLV. 14 Eliz. 5. § 25. N. 4. And that the Inhabitants of every such Parish or Parishes to the which such Poor or Impotent persons shall be so appointed as is aforesaid shall be coacted and bound by vertue of this Act under such pain as to the discretion of the said Justices there in their Sessions Assembled or the most part of them shall seem convenient to relieve the said Poor and Impotent persons in such sort as the said Justices there assembled shall appoint Corporation CCCXLVI 14 Eliz. 5. § 26. N. 1. And be it further Enacted that if it shall happen any City or Town-Corporate to have in it more Impotent and Poor folks not able to labour then the said Town or City is able to relieve and the said City or Town-Corporate is a County of it self or Situate or standing in one County and Immediatly adjoyning to another that in those Cities or Towns the Mayor or Head-Officers of the said City or Town shall make Certificate to the Justices of the Counties adjoyning to the said Cities or Towns CCCXLVII 14 Eliz. 5. § 26. N. 2. And the same Justices of the said adjoyning County or Town in their General Sessions of the Peace Licence shall give Licence and follow the Order above remembred according as other Justices of the Counties in the which any Town or Parish surcharged standeth are before limited and authorized to do CCCXLVIII 14 Eliz. 5. § 27. N. 1. Provided always and be it Enacted c. that all and every summ and summs of mony London from henceforth to be Collected or Gathered within the City of London and the Liberties of the same by vertue of this Act shall be paid unto the Governors of the Hospital called the Hospital of Christ-Church within the said City of London for the time being and shall be by them from time to time distributed and bestowed for the relief of the Poor of the same City according to their Wisdoms and discretions any thing in this Statute contained to the contrary notwithstanding CCCXLIX 14 Eliz. 5. § 28. N. 1. Provided also and be it Enacted Franchis c. that all and every summ and summs of mony from henceforth to be Collected or Gathered within the City of Coventry and the Liberties of the same by vertue of this Act towards the maintenance and relief of the Hospital of Poor people erected in the same City shall be paid unto such Governor and Governors of the said Hospital as now is or hereafter shall be admitted and appointed by the Mayor and Aldermen of the said City of Coventry or the more part of them for the time being CCCL 14 Eliz. 5. § 28. N. 2. And such Governor and Governors Charity so admitted and appointed as is aforesaid shall from time to time distribute and bestow for the reliefe of the Poor within the said City the said summ or summs of mony according to their Wisdoms and discretions any thing mentioned in this Act to the contrary notwithstanding CCCLI 14 Eliz. 5. § 29. N. 1. Provided also and be it Enacted Franchis c. that all and every summ and summs of mony from henceforth to be paid Collected or Gathered within the City of Gloucester Liberties and limits of the same City for and towards the use or relief of the Poor and all and every other relief which shall be due and payable or is to be yielded within the said City Liberties or limits for and towards the relief of the said Poor shall be from time to time paid and delivered or otherwise shall stand and be at the only rule order and disposition of the President and Governors of the Hospital of Saint Bartholomew of the Foundation of our most Gracious Soveraign Lady Queen Elizabeth within the said City of Gloucester for the time being and shall be by them from time to time distributed and bestowed for the relief of the Poor of the said City according to their Wisdoms and Discretions CCCLII. 14 Eliz. 5. § 30. N. 1. And be it further Enacted Ordinary c. that the Bishop of every Diocess or his Chancellor for the time being shall yearly visit all Hospitals in the Diocess of such Bishop where no Visitor by the Founder or Founders is appointed if the Founder of the said Hospital be then Dead and to see and take order that the said Hospital be ordered and used according to the Statutes and Ordinances of the Foundation thereof and if the Founder be then living the said Founder to visit the same during his life without any the Bishops Visitation and the same Visitation to be at the only costs and charges of the Visitors and not of the Hospital Ordinary CCCLIII 14 Eliz. 5. § 30. N. 4. And that it shall be lawful to the Bishop of the Diocess for the time being where such Hospital is or shall be or his Chancellor upon complaint or other intelligence of just cause to take account how the rents revenues and profits of any such Hospital hath been bestowed and spent to call before him or them at the said Hospital to account all such person and persons as have had the Collection or receit of any the said Rents Issues Revenues or profits Account CCCLIV. 14 Eliz. 5. § 30. N. 5. And if any person or persons so called shall and do refuse to account or entring into account shall refuse to proceed and finish the same or upon finishing thereof shall refuse forthwith to imploy or answer to the use of the said Hospital such summ or summs of mony as upon the same account shall appear to be due by him that then every such person and persons so refusing shall forfeit and loose such summ and summs of mony as to the said Bishop or Chancellor and to two Justices of the Peace next Inhabiting to the said Hospital shall be thought meet and convenient Account CCCLV. 14 Eliz. 5. § 30. N. 6. To which accounts the said Bishop or Chancellor shall call the same two Justices of the Peace Ouster le mere CCCLVI. 14 Eliz. 5. § 31. N. 1. Provided also and be it further Enacted c. that no person or persons having charge of any Voyage in passing to the Realm of
§ 1. N. 26. it is plainly Enacted That every Recognizance taken for the Peace shall be certified at the next Sessions of the Peace that the Party may thereupon be called and his default if any happen may be Recorded whereby it seemeth that every Recognizance of the Peace ought not to contain the Appearance of the Party at the next Sessions Dalt 172. cap. 70. 5. And otherwise there may be some Mischief for if the Party shall not so appear he is at liberty without a new Arrest and not forth coming to be bound over if he be so required 6. And by Mr. Marrow if the Recognizance contain a duty of Appearance and yet have no person named before whom the Party so bounden shall appear then may he appear where he will before the Justice of Peace which took the Recognizance of him Dalt 172. cap. 70. 7. Again If the form of the Recognizance be in 20 l. to be levied only of the Goods or only of the Lands of the Recognizor it seemeth to be good enough for peradventure the words of the Goods only or Lands only shall be taken to be void seeing that the very acknowledgment of the sum of 20 l. before a Judge enabled to take it both maketh it a Debt and implyeth the ordinary mean of Law to come unto it Dalt 172. cap. 70. 8. So if this Recognizance be taken to keep the Peace against one special Party only Mr. Marrow thinketh it good but advise well of it for the words in the Commission of the Peace now be to take Sureties Erga nos Populum nostrum Dalt 172. cap. 70. III. Lambert 105 106. I wish the Justice to go via Regia Appearance following the received form Which I take to be thus Kanc. ss Memorand ' quod quarto die Julij Anno Regni Domini nostri Jacobi Dei gratia c. R. P. de E. in Comitatu predict ' Yeoman in propria persona sua venit coram me J. L. Milite uno Justiciariorum dicti Domini Regis ad Pacem in dicto Comitatu conservand ' Assignat ' assumpsit pro seipso sub poena viginti librarum J. H. de L. in Comitatu predict ' Yeoman J. F. de M. in eodem Comitatu Husbandman tunc ibidem in proprijs personis suis similiter venerunt manuceperunt pro predict ' R.P. videlicet Quilibet eorum separatim sub poena C. solid ' quod Idem R. P. personaliter comparebit coram Justiciarijs dicti Domini Regis ad Pacem ad proximam generalem Sessionem Pacis in Comitatu predicto ad faciendum recipiendum qd ' ei per curiam tunc ibidem injungetur quod ipse interim Pacem dicti Domini Regis custodiat Erga ipsum Dominum Regem cunctum populum suum precipuè versus M. N. de Ightham predict ' Yeoman quod Damnum vel Malum aliquod Corporale aut Gravamen prefato M. N. aut alicui de populo dicti Domini Regis quod in Laesionem aut perturbationem Pacis ipsius Domini Regis cedere valeat Quovismodo non faciet nec fieri procurabit Quam quidem summam 20 libr. predict ' R.P. quilibet manucapt ' predictorum predictas seperales summas C. solid ' Recognoverunt se debere dicto Domino Regi de terris tenementis Bonis Catallis suis Quorumlibet cujuslibet eorum ad opus dicti Domini Regis heredum successorum suorum fieri levari ad quorumcunque manus devenerit si contigerit Ipsum R. P. premissa vel eorum aliquid in aliquo infringere inde legitimo modo convinci In cujus rei testimonium Ego predict ' J. L. Sigillum meum apposui Dat' c. Kilb. Precedents 191. 2. Or thus a little different in Form Kanc. ss Memorand ' quod quarto die c. A. B. de Ightham c. C. D. de eadem Yeoman venerunt coram me J. F. c. manuceperunt pro J. S. nuper de L. C. quod ipse personaliter comparebit coram me prefat ' J. F. vel socijs meis Justiciarijs Pacis Domini Regis ad proximam generalem Sessionem c. quod ipse interim geret Pacem erga cunctum populum Domini Regis precipuè erga B. B. c. videlicet quilibet manucapt ' predict ' sub poena xx libr. predict ' J. S. Assumpsit pro seipso sub poena xl libr. quam quidem summam xl libr. predict ' J. S. quilibet manucapt ' predictorum dictam summam xx libr. Recognoverunt c. 3. And this may well be done also by a single Recognizance in Latin with a Condition added or endorsed in English for the keeping of the Peace and for the day and place of the Appearance at the Quarter Sessions Supplicavit IV. Lambert 107 108 109. If the Surety were taken by vertue of a Supplicavit then must the Justice of Peace being in this Case but a Minister make retorn of the Writ and Certificate of his doing into the Court from whence the Supplicavit did proceed c. 2. First let him note on the back of the Supplicavit thus Executio istius brevis patet in quadam Schedula eidem brevi annexa Dalt 173. cap. 70. Then may the Schedule be thus Ego T. F. Miles unus Custodum Pacis Domini Regis in Comitatu K. Certifico in Cancellariam dicti Domini Regis me virtute istius brevis mihi per A. B. in eodem brevi nominatum primo deliberati personaliter coram me die loco c. venire fecisse T. R. in dicto brevi nominatum ac eundem T. ad sufficientem securitatem manucaptores pacis inveniend ' secundum formam dicti brevis videlicet c. as the Writ which is of divers forms shall appoint Compulisse In cujus rei testimonium hujus presenti Certificationi meae Sigillum meum apposui Datum apud D. predict ' in Com' predict ' 25 die Februarij Anno Regni c. 3. And if a Certiorari be directed out of the Chancery to the Justice of Peace for removing this Recognizance because it was not sent up together with the Certificate as there was no necessity that it should then that Writ also may be thus answered Upon the back of the Writ thus Virtute istius brevis Ego P. H. unus Custodum Pacis Domini Regis in Com. K. tenorem securitatis Pacis unde infra fit mentio dicto Domino Regi in Cancellariam suam sub Sigillo meo distinctè apertè mitto prout patet in Schedula huic brevi consuta The which Schedule may be thus Memorand ' quod xx die Junij reciting the whole Recognizance to the end then in Cujus rei testimonium Ego predict ' P. H. Sigillum meum apposui Dat' c. 4. And this form may serve also where a Certiorari is brought to a Justice of Peace to remove a
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
Piece of Timber away will use dreadfull words as to say that he will carry it in spight of him that hath it or that he will have it though he dye for it or such like his doing may then become a Riot by Marrow Crompt 61 b. § 8. IV. Lambert 178 179 180. Furthermore the Intention and purpose of those that be Assembled is worthy the weighing for to use Horns on Midsomer-night in London or on May-day in the County for sport only is no such Offence seeing no terror followeth it and the words in terrorem populi seem to be material in an Indictment of this kind Crompt 61. § 7. 64. § 43. 3 H. 7. 1. Riots Br. 2. 2. So if the Sheriff or his Bailiff do levy People to serve the Kings Writ of Capias or if a Constable do gather Assistance of Men with weapon to part an Affray it maketh no Riot 3 H. 7. 1. 10. 3. So if a Man hearing that another will fetch him out of his House and beat him do assemble company with force it will be no unlawfull Assembly for his House is his hold and Castle Crompt 64. pl. 42. 70. pl. 2. Dalt 217. cap. 85. 4. But if he be only threatned that he shall be beaten if he go to the Market then may he not assemble Company for his aid because he needeth not to go thither and he may provide for himself by Surety of the Peace 21 H. 7. 39. per Fineux 5. And if many be assembled and none of them knoweth to what end it can make no Rout nor Riot as Marrow thought till the Intent be known for if the Master intend to make a Riot and take his usual Servants with him not foretelling them what he intended to do and then committeth an Outrage with them this is no Riot in them for although he shall be punished they shall be Excused But otherwise it is if he make them privy to his purpose for then they also shall be punished by Marrow and Reported by Dalison Crompt 61 b. 62. § 13. And in the former Case it is not material whether his number of Servants be above his degree or no so long as they be his Menials or Household men Dalison Dalt 220. cap. 86. 6. If many be at an Alehouse a Christmas-Dinner or Church-Ale and without any intent of an Affray they sodainly fall together by the Ears and make it Lapitharum Convivium yet this is no Riot but a sodain Affray because they had no such Intention Crompt 61 b. § 12. But if in that Affray they shall be taken themselves to sundry parts it may become a Riot as Marrow thinketh for then it is not the first but a new Assembly as it were in his meaning 7. And if twelve Jurors being committed to their Keeper do fall out and fight six against six this maketh no Riot saith Marrow because they were lawfully Assembled and were compelled to be in company together 8. But if a number of Women or Children under the Age of Discretion do flock together for their own Cause this is none Assembly punishable by these Statutes unless a Man of Discretion moved them to assemble for the doing of some unlawfull act as M.E. Marrow writeth Dalt 222. cap. 88. Yet I remember well that not many years ago sundry Women were punished in the Star-Chamber and that worthily because putting off that shamefastness which beseemeth their Sex they Arraied themselves in the Attire of Men and assembling in great number they most riotously pulled down a lawful Inclosure Crompt 62. infra 9. Finally Marrow noteth that if the Mayor and Commonalty of a Town do Assemble and make a Rout in their Common Quarel this Offence shall be Judged and punished in their Natural Persons and not in their Body Politick Crompt 62. § 18. V. Lambert 167 168. The Stat. 2 Ed. 3. 3. of Northampton is of late days frequently put in ure for the punishment of forcible Entries Crompt 71 b. 72 a. Poult de Pace 40. § 28. 2. That Law 2 Ed. 3. 3. in Effect and for this purpose is thus No Man whatsoever except the Kings Servants and Ministers in his Presence or in Executing his Precepts or their Offices and such as shall assist them and except it be upon loyal Proclamation made for Arms to keep the Peace and that in places where such Acts do happen be so hardy to come before the Kings Justices or other his Ministers doing their Office with force and Arms. 2 Ed. 3. 3. § 1. N. 2. Nor bring any force in Affray of the Country 2 Ed. 3. 3. § 1. N. 3. Nor go nor ride Armed by night or by day in Fairs or Markets or in presence of the Justices or other Ministers nor in any place elsewhere upon pain to forfeit his Armor to the King and his Body to Prison at the Kings pleasure 3. Upon this Statute 2 Ed. 3. 3. he that is put out or holden out of his Land with force useth to have at this day a Writ directed out of the Chancery either to the Sheriff only as F. N. B. 249. E. rehearseth it for I find it not in the Register or else Custodibus pacis ac Vicecomitibus eorum cuilibet as the common manner is 4. Commanding that Proclamation be made upon 2 Ed. 3. 3. and that if any be afterwards found offending against the same they shall be committed to Prison there to remain untill some other commandment be given concerning them and that their Armor and Weapon shall be prised and the same answered to the use of the Kings Majesty VI. Lambert 168 169 170. But forasmuch as that Justice of Peace to whom this Writ shall be delivered is to make Execution of the same as a Minister only and is to certifie his doing therein I think good to lend these few helps towards it 2. At his coming to the Place where the force is supposed by the Writ he may cause three Oyes for Silence to be made with this or such another Proclamation The Kings Majesties Justice of his Peace straitly chargeth and in his Majesties Name Commandeth all and every Person to keep Silence whilst his Majesties Writ upon the Statute made at Northampton in the second year of King Edw. 3. his noble Progenitor delivered to the said Justice be read and Proclamation be thereupon made accordingly Crompt 72 Ab. 3. Then may he read the Writ or declare the Effect thereof in English After that let three other Oyes be made and thereupon may this Proclamation follow His Majesties said Justice doth in his Highnesses name and by vertue of his said Writ straitly charge and command that no manner of Person of what Estate degree or condition soever now being within the House of A. B. c. named in the said Writ shall go Armed nor keep force of Armor or Weapon nor do any thing there or elsewhere in disturbance of his Majesties Peace or in Offence of the said Statute upon the
Charges of the Officer and others imployed in the Services touching the Premisses 5 s. in all 7 l. 5 s. These are therefore in his Majesties Name to Authorise and command you and every of you to levy the aforesaid several and respective Sums of Mony upon the Goods and Chattels of the said several and respective Offenders and to make Sale of the said Goods and Chattels if they shall not be redeemed within 14. days rendring to the Parties the Overplus if any be and for want of sufficient distress to certifie us or one of us of the same to the end that such further proceedings may be made therein as by the Laws and Statutes aforesaid are required And you are hereby further Commanded to dispose of all such Moneys as you shall by virtue hereof levy or receive in such manner as by the Laws and Statutes aforesaid is appointed Given under our Hands and Seals the 15. day of May c. 2. All the before mentioned Warrants upon 12 Car. 2. 23. will also serve Mutatis mutandis upon the other Statute touching the Excise made the same Parliament 12 Car. 2. 24. § 15. c. Entituled An Act for taking away the Court of Wards and Liveries XV. Dalt 167. cap. 63. Edit 1666. In the Default of the Parishioners Poor Churchwardens Constables that shall not assess the Tax imposed upon the Parishioners by the Justices at their Easter-Sessions towards the relief of the Prisoners in the Kings Bench and Marshalsey and of the Hospitals of that County and of the losses by Fire Water and other Casualties and relief of the Poor within that County any Justice of Peace dwelling in that Parish or if none dwell there in the parts next adjoyning may assess the same and the same Justice or any other Justice of Peace of that Limit in default of the Church-Wardens and Constables may levy the same by Distress and Sale of the Goods of the Party refusing or neglecting to pay his Part thereof rendring to the Party the Overplus and in default of such Distress any Justice of Peace of that Limit may commit such Person to Prison there to remain without Bail till he hath paid the same 43 Eliz. 2. XVI Dalt 167. cap. 63. Edit 1666. Also in default of the Parishioners Church-Wardens and Constables that shall not assess the Tax imposed upon the Parishioners by the Justices at their Easter-Sessions towards the relief of maihmed Souldiers and Mariners any Justice of Peace dwelling in that Parish or if none dwell there in the Parts next adjoyning may assess the same and the same Justice of Peace in default of the Church-Wardens and Constables may levy the same by Distress and Sale of the Goods of the Party refusing or neglecting to pay his part thereof rendring to the Party the Overplus but in default of such distress the Justices of Peace may not commit such Person to Prison as they might in the former case 43 Eliz. 3. XVII Dalt 167 168 169. cap. 63. Edit 1666. Now in these Cases and other Rates and Taxations you shall observe these Rules following First that the most reasonable Rating of Land is by the yearly value and quality thereof and not by the quantity or content 9 Co. 12. 2. He that occupyeth in his own hands Lands lying in several Parishes shall be charged in every Parish proportionally for his Land there 5 Co. 67. 3. The Fermer shall be rated for the Lands and not the Lessor or Landlord 5 Co. 65. 4. The Landlord shall not be rated or Taxed for his Ferm-rents in as much as the Fermor or Occupyer of the Land is chargeable for the same Lands so where any Fermor is assessed by his Goods I ought not to be assessed for my Rent of the same Ferm 7 H. 7. 33. and 11 H. 4. 35. Quinzim Br. 2. 4. 5. Upon a complaint to the Judges of Assize in the County of Lincoln it was resolved and ordered that the Lands in the Parish and not the Rent neither of that Land nor of other Lands could be Taxed at Assizes at Lincoln 1633. Sir Anthony Irbies Case 6. By Goods in most Cases a Man may be rated as well as by Lands but not both by Goods and Lands as it seemeth the like you may see in divers Act of Subsidies wherein there is usually a special Proviso that no Person shall be Taxed both for his Lands and Goods nor doubly rated 27 Eliz. 29. 29. Eliz. 8. and 31 Eliz. 15. and 35 Eliz. 13. and 39 Eliz. 26. and 43 Eliz. 18. and 7 Jac. 23. and 18 Jac. 2. and 21 Jac. 34. 3 Car. 1. 7. And yet see 44 Ed. 3 Customs Br. 6. Where a Tax of ten pounds was made by the Parishioners for the amending of their Church and was Taxed to be levyed of every Plow-land 6 d. and of every Cow 1 d. and of every 10. Sheep ob and J. S. for his Land Cows and Sheep was rated at 9 s. and was distrained for the same and upon a Replevin by J. S. sued no Exception was taken to the manner of Rate imposed upon J. S. but Note that the said Tax was made by his Consent consensus tollit errorem 5 Co. 36. 40. 7. So then he that hath both Lands and Goods shall be charged by the best of them both but he is not to be double charged scil by the one and the other and yet in some places they do use to charge one Person both by Lands and Goods which if it be warrantable by Law yet it seemeth to be with this difference scil that where a Man occupieth Land and also hath in his hands a great estate or stock of Merchandise or be also a Clothier Malster or the like that such Person peradventure may be charged by his Lands and also by such his Stocks but for such Goods or Stock of Cattle whereby a Man doth occupy compas or manure his Lands as for Horses Sheep Kine c. wherewith he stocketh his Land a Man shall not be charged scil if he be charged by his Land he shall not also be charged for such his Cattle which do manure the same Land 8. Also where a Man is rated by his Goods it seemeth reasonable that such Goods be rated after the value of Lands to be purchased scil 100 l. in Stock or Goods to be rated after 5. or 6 l. pounds per Annum in Lands and so after the like proportion for a greater or lesser Estate in Goods Stock Merchandize or the like 9. Note that where a Man is charged by Goods they must be bona Notabilia as it seemeth and yet the Subsidy Men are rated not only by their Stock of Merchandize or Cattle Corn Household-stuff or other moveable Goods which are Notabilia but also to their Coin and Debts owing to them deducting such Debts as they owe to others and such Debts as be desperate But there the Party over-rated upon his complaint to the Commissioners and his