their Letters Patents have given and granted any Liberty and Authority or otherwise have Authority by other lawful means or ways to ordain make and constitute any of the said Officers of Custos Rotulorum or Clerk of the Peace within any County Palatine or other place and may have and enjoy the same Liberty and Authority according as they have enjoyed the same any thing in this present Act had or made to the contrary notwithstanding Parliament Where in the Parliament begun at Westminster the sixteenth day of January in the three and thirtieth year of the Kings Majesties Reign Cap 7. viz. 33 H. 8. Cap. 10. § 1. N. 3. it was Enacted amongst other things that all and singular Iustices of the Peace within any Shire City Borough or place within this Realm of England Wales or any other the Kings Dominions should 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 the Peace c. Justices And forasmuch as the Kings most loving Subjects are much Travailed and otherwise Incumbred § 2. N. 1. in comming and keeping of the said six weeks Sessions to their Costs Charges and Vnquietness Be it therefore Enacted by the King our Soveraign Lord § 2. N. 2. with the Assent of the Lords Spiritual and Temporal and the Commons of this present Parliament assembled and by the Authority of the same that the said former Act made in the said three and thirtieth year of the Kings Majesties Reign viz. 33 H. 8. Cap. 10. and all Ordinances Articles Provisions and things therein contained shall be from henceforth repealed Inquest annulled and utterly voyd and of none effect to all Intents Constructions and Purposes § 2. N. 3. And that all and every Article therein contained viz. in 33 H. 8. Cap. 10. Justices shall be by vertue hereof inquired of before all Iustices of Peace at their August Quarter Sessions § 2. N. 4. And that the same Iustices of Peace at their said Quarter Sessions shall have like Power and Authority by vertue hereof to punish and reform all and every such Offence and Offences in like manner and form as they might have done by vertue of the said former Act made in the said three and thirtieth year of the Kings Reign viz. 33 H. 8. Cap. 10. Statuta Edw. 6. Religion AND for full and effectual Execution of c. this Act 1 Ed. 6. C. 1. § 1 N. 7. viz. against Reviling the Sacrament c. be it furthermore Enacted c. that c. the Iustices of Peace or three of them at the least whereof one of them to be of the Quorum in every Shire of this Realm and Wales and all other places within the Kings Dominions shall have full Power c. as well to take Information and Accusation by the Oaths and Depositions of two able honest and lawful persons at the least Days And after such Accusation or Information so had § 1. N. 8. to inquire by the Oaths of twelve men in every their four Quarter Sessions yearly to be holden of all and singular such Accusations or Informations to be had or made of any of the Offences abovesaid c. within the limits of their Commission Indictment And that upon every such Accusation and Information the Offender § 1. N. 9. c. shall be inquired of and indicted before the said Iustices of Peace or three of them at the least c. of the said Contempts and Offences by the Verdict of twelve honest and indifferent men if the matter of the said Accusation and Information shall seem to the said Iury good and true Justices And it is also further Enacted § 2. N. 1. c. that the said Iustices of Peace or three of them at the least c. before whom any such Presentment Information and Accusation shall be made or taken c. shall examin the Accusers what other Witnesses were by and present at the time of the doing and committing of the Offence c. and how many others than the Accusers have knowledge thereof â—ecogniâ—â—nce And shall have Power c. by their discretions § 2. N. 2. to bind by Recognizance to be taken before them as well the said Accusers as all such other persons whom the said Accusers shall declare to have knowledge of the Offences by them presented and informed every of them in five pounds to the King to appear before the said Iustices of the Peace before whom the Offender c. shall be tryed at the day of the tryal and deliverance of such Offenders § 3. N. 1. And it is further Enacted Process c. that the said Iustices of Peace or three of them at the least c. shall have full Power c. to make Process against every person and persons so Indicted by two Capias and an Exigent and by Capias Utlagatum as well within the limits of their Commission as into all other Shires and Places of this Realm Wales and other the Kings Dominions as well within Liberties as without c. § 3. N. 2. And upon the Appearance of any of the Offenders shall have full power Religion c. to determin the Contempts and Offences aforesaid viz. in reviling the Sacrament c. According to the Laws of this Realm and the effects of this Act. § 3. N. 3. And that the said Iustices c. or three c. at the least Bayl. c. shall have full Power c. to let any such person c. so Indicted upon sufficient Sureties by their discretions to Bail for their appearance to be tryed c. § 4. N. 1. Provided always and be it Enacted Ordinary that the said Iustices of the Peace or three of them at the least at their Quarter Sessions where any Offender c. shall be c. Indicted c. shall direct and award one Writ in the Kings Name to the Bishop of the Diocess wherein the said Offences c. are supposed to be committed or done willing and requiring the said Bishop to be in his own person or by his Chancellor or other his sufficient Deputy learned at the Quarter Sessions in the said County to be holden when and where the said Offender shall be arraigned and tryed appointing to them in the said Writ the Day and Place of the said Arraignment C. 5. § 2. N. 1. And be it further Enacted c. that it shall be lawful Merchants c. to all and every the Kings Iustices of Peace in every Shire as well in England as in Wales in their Quarter Sessions to inquire of all and every Offence or Offences hereafter to be perpetrated committed or done contrary to this Act viz. In conveying Horses
whereof § 2. N. 1. be it ordained and Enacted by Authority of this present Parliament that if any person or persons of what estate or degree soever he or they be at any time after the first day of April next coming falsly and deceitfully obtain and get into his or their hands or possession any Mony Goods Cattel Iewels or other things of any other Person or Persons by colour and means of any such false token or counterfeit Letter made in any other mans name as is aforesaid that then every such Person and Persons so offending and being thereof lawfully convict by Witnesses taken before the Lord Chancellor of England for the time being or by Examination of Witnesses or Confession taken in the Star-Chamber at Westminster before the Kings most honourable Council or before the Iustices of Assize in their Circuits for the time being or before the Iustices of Peace within any part of the Kings Dominions in their general Sessions or by Action in any of the Kings Courts of Record Imprisonment Shall have and suffer such Correction and punishment by Imprisonment of his Body sitting upon the Pillory or otherwise § 2. N. 2. by any Corporal Pain except pains of death as shall be unto him or them limited adjudged or appointed by the Person or Persons before whom he shall be so convict of the said Offences or any of them Process And be it further Enacted by the Authority aforesaid § 3. N. 1. that as well the Iustices of Assize for the time being as also two Iustices of the Peace in every County whereof the one to be of the Quorum shall have free Power and Authority to call and convent by Process or otherwise to the said Assizes or general Sessions any person or persons being suspected of any of the Offences aforesaid and to commit him or them to Ward or let him or them to Bail till the next Assizes or general Sessions there to be examined and further to be ordered by their discretions as is abovesaid § 4. N. 1. Provided always and be it further Enacted by the Authority aforesaid Franchises that Iustices of Peace within every City Borough Town and Franchise within this Realm or other the Kings Dominions shall have like Iurisdiction Power and Authority at their general Sessions and otherwise to do and execute all and every thing and things in all points as other Iustices of Assizes in their Circuits or Iustices of the Peace in the Counties by Virtue of this Act be limited and appointed to do and execute for the Punishment and Correction of like Offenders as by this foresaid Act is specified and declared § 4. N. 2. Saving to the Party greived by such deceit Collusion such Remedy by way of Action or otherwise of and for the same Mony Goods Cattels Iewels or other things so obtained as he might have had if this Act had never been had ne made anything in the same contained to the contrary in any-wise notwithstanding § 5. N. 1. Provided alwayes France and be it further Enacted by the Authority aforesaid that the Kings Highness Council of his Town of Calice or three of them for the time being shall have such and like Authority for the Examination Bailment and Punishment of such Offender or Offenders and for such Offences hereafter to be committed and done within the Town and Marches of Calice and County of Guiâ—nes as the aforesaid Iustices of Assize or Iustices of Peace have by force of this Act whithin their Iurisdictions and Authorities C. ◠§ 16. N. 2. And that the same Iustices of Peace Games viz. before whom any is brought for using Cross-bow Hand-gun Hagbut or Demyhake not measure c. upon a due Examination and Proof thereof before him had or made by his disretien shall have full Power and Authority to send or commit the same Offender or Offenders to the next Goal there to remain till such time as the said Penalty or Forfeiture Viz. of 10 l. shall be truly contented and paid by the same Offender § 19. N. 1 And be it further Enacted Justices c. that it shall be lawful to all Iustices of Peace in their Sessions c. to inquire hear and determine every such Offence c. committed and done contrary to the tenor of this present Act. C. 9. § 10. N. 3 And that Iustices of Assize of Goal-delivery Iustices of Peace Games and Stewards of Franchises Leets and Law-days have Power to inquire of all the Premises viz. of Archery in their Sessions Leets and Law-days and hear and determine the same and also by their discretion examin all persons lacking and not having Bows Shafts and Arrows according to the form aforesaid § 14. N. 1. Be it further Enacted Process c. that it shall be lawful to all and every the Iustices of Peace in every Shire Mayors Sheriffs Bailiffs and other head-Officers within every City Town and Borough within this Realm from time to time as well within liberties as without as Need and Case shall require to come enter and resort into all and every Houses Places and Alleys where such Games viz. Bowling Coyting Cloysh Cayls half-Bowl Tennis Dicing Table or Carding or any unlawful now Game hereafter to be invented c. shall be suspected to be holden exercised used or occupyed contrary to the form of this Statute § 14. N. 2. And as well the Keepers of the same as also the persons there haunting Imprisonment resorting and playing to take arrest and imprison and them so taken and arrested to keep in Prison unto such time as the Keepers and Maintainers of the said Plays and Games have found Sureties to the Kings use to be bound by Recognizance or otherwise no longer to use keep or occupy any such House Play Game Alley or Place § 14. N. 3. And also that the persons there so found be in likewise bound by themselves or else with Sureties by the discretion of the Iustices Mayors Recognizance Sheriffs c. no more to play haunt or exercise from thenceforth in at or to any of the said places or at any of the said games Parliament Forasmuch as before this time divers and sundry good Laws Statutes Cap 10. Provisions and Ordinances have been made by the Kins Majesty our Natural Soveraign Lord and other his most Noble Progenitors for the Increase and Advancement of the Publick and Common-Wealth of this Realm of England and of his Highness Subjects of the same amongst which some special notable and profitable Laws Statutes Ordinances and Provisions be very requisite convenient and expedient for the same Common-wealth duly and diligently to be put in daily Exercise and Execution Process And such as have been and be Authorised to put in due and just Execution such special and notable Laws Statutes and Ordinances § 1. N. 2. and to correct and
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
have done before the same as in the said Act more plainly appeareth § 1 N. 2. Sithence the making of which Act viz. 1 Ed. 6. 7. § 4. N. 1. Sheriffs divers persons being in the Commission of the Peace in one County have been made Sheriffs of the same County and have exercised either of the said Offices which seemeth not to be convenient § 2. N. 1. Wherefore be it Enacted Abatement c. that no manner of person or persons having using or exercising the Office of the Sheriff of any County or Counties shall use or exercise the Office of Iustice of Peace by force of any Commission or otherwise in any County or Counties where he or they shall be Sheriff during the time only that he or they shall use or exercise the said Office of Sheriff-wick any thing in the said former Act viz. 1 Ed. 6. 7. § 4. N. 1. to the contrary in any wise notwithstanding § 2. N. 2. And that all and every act and acts to be done by any such Sheriff and Sheriffs Sheriff by Authority of any Commission of the Peace during the time abovesaid shall be void and of none effect the said former Act viz. 1 Ed. 6. 7. § 4. N. 1. notwithstanding Cap. 12. Forasmuch as it is most necessary in a Common-wealth to provide that Tranquility and Peace may be continued in the Realm Peace and that all things being contrary thereunto may by foresight be eschued 3 4 Ed. 6. 5. § 1. N. 2. Therefore it is Ordained and Enacted Riot c. that if any persons to the number of twelve or above being assembled together at any time after the twentieth day of December next coming shall intend go about practice or put in ure with force of Arms unlawfully and of their own Authority to alter or change any Laws made or established by Authority of Parliament which shall stand in force after the said twentieth day of December or any other Laws or Statutes of this Realm or any of them the same number of twelve or above being commanded or requested by the Sheriff of the Shire or by any Iustice of Peace of the same Shire or by the Mayor Sheriff Iustices of Peace or Bailiff of any City Borough or Town-Corporate where any such Assembly shall be unlawfully had or made by Proclamation in the Queens Name to retire and repair to their own Houses Habitations or Places from whence they came and they or any of them notwithstanding such Proclamation shall remain and make their abode or commune together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall willingly in forcible and riotous manner attempt to do or put in ure any of the things above specified that then as well every such abode or continuing together as every such act or offence that after such Commandment or Request by Proclamation had or made shall be attempted to be done practised or put in ure by any persons being of the number aforesaid shall be adjudged Felony in all and singular those persons that so shall make their abode or continue together or shall attempt or commit any such act and the Offenders therein to be adjudged Felons and shall suffer only execution of Death as in Case of Felony 3 4 Ed. 6. 5. § 1. N. 2. Coron And furthermore it is Enacted § 2. N. 1. Ordained and Established by Authority aforesaid that if any persons to the said number of twelve or above after the said twentieth day of December shall intend go about practice or put in ure in manner and form aforesaid to overthrow cut break cast down or dig up the Pales Hedges Ditches or other Inclosure of any Parks Park or other Ground or Grounds inclosed or the Banks of any Fish-Pond or Pool or any Conduits of water Conduit-heads or Conduit-pipes having course of water to the intent that the same or any of them from henceforth should remain open and unclosed or void or unlawfully to have Common or Way in the said Parks or Park or other Grounds or Ground inclosed or any of them or to destroy in manner and form aforesaid the Deer of any manner of Parks or Park or any Warrens or Warren of Conies or any Dove-houses or any Fish in any Fish-Pond or Pool or to pull or cut down any Houses Barns Mills or Bays or to burn any Stacks of Corn or Grain or to abate defalk or diminish the Rents or yearly Value of any Mannors Lands or Tenements or the Price of any Victual Corn or Grain or any other thing usual for the Sustenance of Men and being required or commanded by any Iustice of Peace or by the Sheriff of the County or by the Mayor Bailiff or Bailiffs or other Head-Officers of any City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Queens Name to retire or return in Peaceable manner to their Habitations Places and Houses from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continuance together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall in forcible manner do or put in ure any of the things last before mentioned that then as well every such abode and continuing together as every such act that after such Commandment or Request by Proclamation had or made shall be done practised or put in ure by any persons being above the number of twelve shall be adjudged Felony and the Offenders therein to be adjudged Felons and shall suffer only the Execution of Death as in Case of Felony 3 4 Ed. 6. 5. § 2. N. 1. c. Notice Provided always and be it Enacted c. that if any person or persons § 15. N. 1. do or shall molest let hinder or hurt any person or persons that shall proclaim or go to proclaim according to the Proclamation and Order made in the Statute aforesaid whereby such Proclamation shall not be made that then all and every such person and persons so molesting letting hindring or hurting and having knowledge of his Message shall incur and be in such Danger and suffer such Pain or Pains and Forfeitures as the persons assembled to whom the Proclamation should have been made should by this Act incur for not obeying the Proclamation if it had been made or for doing after the Proclamation of any the things before in this Act expressed 3 4 Ed. 6. 5. § 15. N. 1. § 15. N. 2. And that also all and every such person and persons being assembled to the number aforesaid to attempt or do any of the things aforesaid Forfeiture to whom Proclamation should or ought to have been made if the same had not been setted as is aforesaid shall likewise in case they do afterwards commit put in
N. 5. And further to become bound by Recognizance in the sum of twenty pounds to his Majesty his Heirs and Successors Recognizance with Condition that they the said Party so offending shall not at any time hereafter take kill or destroy any Phesant or Partridge § 8. N. 6. Which said Recognizance shall be taken by any one or more Iustices of the Peace of the said County Justices City or Town-Corporate where the said Offence shall be committed as aforesaid and shall be returned to the next Quarter Sessions and there to remain of Record as other Recognizances taken for the Peace § 9. N. 1. And be it further Enacted Constable that every Constable and Head-borough in every County City Town-Corporate and other Place where they shall be sworn Officers shall and may by vertue of this present Act bringing with them to that purpose a Lawful Warrant under the Hands of two Iustices of the Peace of the County City Liberties or Town-Corporate have full Power and Authority to enter into and search the house c. of any person c. other than such as by this present Act are allowed to take Phesants and Partridges with Nets as aforesaid being suspected to have any setting Dogs or Nets for the taking of Phesants and Partridges 21 Jac. Cap. 7. § 3. N 1. And be it further Enacted that any Iustice of Peace in any County Ale and any Iustice of Peace or other Head-Officer in any City or Town-Corporate within their Limits respectively shall from henceforth have Power and Authority upon his own view confession of the party or proof of one Witness upon Oath before him which he by vertue of this Act shall have Power to administer to convince any person of the Offence of Drunkenness whereby such person so convict shall incur the Forfeiture of five shillings for every such Offence and the same to be levyed or the Offender otherwise punished as in the said Statute is appointed § 3. N. 2. And for the second Offence Behavior he shall become bound to the Good-behavior as if he had been convicted in open Sessions any thing in the said former Statute c. viz. 4 Jac. Cap. 5. to the contrary notwithstanding Cap. 8. Whereas divers turbulent and contentious persons Peace some out of Malice and others in hope of Gain by way of Composition do oftentimes upon their Corporal-Oaths peremptorily and corruptly taken or otherwise upon false Suggestions and Surmises procure Process of the Peace or Good-behaviour out of his Majesties Courts of Chancery and Kings Bench against divers of his Majesties quiet Subjects whose dwellings and abodes are for the most part in Counties far distant and remote from the said Courts to their intolerable trouble and vexation whereas they might upon good cause shewed receive Iustice at the hands of the Iustices of Peace in the Counties where they dwell § 2. N. 1. For remedy whereof be it Enacted Process c. that all Process of the Peace or Good-behaviour after the end of this Session of Parliament to be granted or awarded out of the same Courts or either of them against any person or persons whatsoever at the Suit of or by the Prosecution of any person or persons whatsoever shall be void and of none effect unless such Process shall be so granted or awarded upon motion first made before the Iudge or Iudges of the same Courts respectively fitting in open Court and upon Declaration in Writing upon their Corporal Oaths to be then exhibited unto them by the said Parties which shall desire such Process of the Causes for which such Process shall be granted or awarded by or out of any of the said Courts respectively and unless that such motion and declaration be mentioned to be made upon the back of the Writ the said Writings there to be entred and remain of Record § 2. N. 2. And that if it shall afterwards appear unto the said Courts or either of them respectively Damages that the Causes expressed in such Writings or any of them be untrue that then the Iudge or Iudges of the said Courts or either of them respectively shall and may award such Costs and Damages unto the Parties grieved for their or any of their wrongful Vexations in that behalf as they shall think fit and that the Party or Parties so offending shall and may be committed to Prison by such Iudge or Iudges until he or they pay the said Costs and Damages Supersedeas And whereas divers turbulent and contentious persons deservedly fearing to be bound to the Peace or Good-behavior by the Iustices of Peace of the Counties where they dwell § 2. N. 3. do oftentimes procure themselves to be bound to the Peace or Good-behavior in the said Courts or one of them upon insufficient Sureties or upon colourable Prosecution of some person or persons who will be ready at all times to release them at their own pleasure whereupon his Majesties Writs of Supersedeas are oftentimes directed to the Iustices of Peace and other his Majesties Officers requiring them and every of them to forbear to arrest or imprison the Parties aforesaid for the Causes aforesaid by means whereof the said turbulent and contentious persons misdemean themselves amongst their Neigbours with Impunity to the great Offence and Disturbance of their Neighbours amongst whom they converse and live and to the affront of the Iustices of Peace and to the evil Example and Incouragement of like evil disposed persons Oath Be it further Enacted by the Authority aforesaid § 3. N. 1. that all Writs of Supersedeas after the end of this present Session of Parliament to be granted by or out of either of the Courts aforesaid shall be void and of none effect unless such Process be granted likewise upon motion in open Court first made as aforesaid and upon such sufficient Sureties as shall appear unto the Iudge or Iudges of the same Court respectively upon Oath to be assessed at five pound Lands or ten pounds in Goods in the Subsidy-book at the least Record Which Oaths and the Names of such Sureties § 3. N. 2. with the Places of their abode and where they stand so assessed in the Subsidy-books shall be entred and remain of Record in the same Courts Process And unless it shall also first appear unto the said Iudge or Iudges before whom such Supersedeas is desired § 3. N. 3. that the Process of the Peace or Good-behavior is prosecuted against him or them desiring such Supersedeas bona fide by some Party grieved in that Court out of which such Supersedeas is desired to be so awarded and directed Bail And whereas divers lewd and evil disposed persons commonly called Common-Bailers or Knights of the Post being base or beggarly persons § 4. N. 11 do oftentimes procure themselves to be assessed at high rates in the Subsidy-books and
shall use Imploy or Travel upon the Lords Day with any Boat Wherry Lighter or Barge Religion except it be upon Extraordinary occasion to be allowed by some Iustice of the Peace of the County or head Officer or some Iustice of the Peace of the City Borough or Town Corporate where the Fact shall be Committed N. 3. Vpon pain that every Person so Offending shall forfeit and lose the Sum of Five shillings for every such Offence Forfeiture N. 4. And that if any person Offending in any of the Premisses Dayes shall be thereof Convicted viz. for Trading on the Lords Day c. before any Iustice of Peace of the County or the Chief Officer or Officers or any Iustice of Peace of or within any City Borough or Town Corporate where the said Offences shall be Committed upon his or their View or Confession of the Party or proof of any one or more Witnesses by Oath which the said Iustices Chief Officer or Officers is by this Act Authorized to Administer the said Iustice or Chief Officer or Officers shall have Warrant under his or their Hand and Seal to the Constables or Church-wardens of the Parish c. where such Offence shall be Committed to Seize the said Goods cried shewed forth or put to Sale as aforesaid and to Sell the same and to Levy the said other Forfeitures and Penalties by way of Distress and Sale of the Goods of every such Offender distrained rendering to the said Offenders the overplus of the Monies raised thereby N. 5. And in default of such Distress or in Case of Insufficiency or Inability of the said Offender to pay the said Forfeitures or Penalties Imprisonment that then the party Offending be set publickly in the Stocks by the space of Two hours N. 6. And all and singular the Forfeitures or Penalties aforesaid viz. for Trading or Travelling Forfeiture c. on the Lords Day shall be Imployed and Converted to the use of the poor of the Parish where the said Offences shall be Committed saveing only that it shall and may be lawful to and for any such Iustice Mayor or head Officer or Officers out of the said Forfeitures or Penalties to reward any person c. that shall Inform of any Offence against this Act according to their Discretions so as such reward excéed not the third part of the Forfeitures or Penalties Statuta 29 30 Car. 2. Scotland BE it therefore Enacted 29 30 Car. 2. 2. § 1. N. 2. c. viz. because found necessary that the said two former Acts viz. 13 14 Car. 2. 22 18 Car. 2. 3. and either of them and every matter Clause and Clauses therein contained and all and every the Powers and Authorities thereby given shall be continue and remain in full force from henceforth for and during the space and time of Seven years and also from thence until the End of the first Session of the next Parliament Peace Be it further Enacted § 2. N. ◠c. that the said several Iustices of the Peace of the said respective Counties shall from time to time at the respective Quarter-Sessions take good and sufficient Security of the Person or Persons by them Imployed in the said Service for the preservation of the said respective Counties from Theft and Rapine to answer the Damages sustained by any person or persons by his or their neglect or default therein and to pay and satisfie the same within Four months after that proof thereof shall be made by the Oath of one or more Credible Witnesses before the Iustices of the Peace of the said respective Counties at the next Quarter-Sessions in the respective County Oath Which Oath or Oaths the said Iustice or Iustices are hereby Authorized to Administer N. 3. so as the Goods stoln be entred in one of the Books to be kept for that purpose within the space of xlviii hours after the same shall be stoln or gone Record And that Books shall be kept for that end in every Market Town of the said respective Counties and at such other Convenient places therein N. 4. and by such person or persons as the said Iustices of the Peace in the said respective Counties at their General Sessions of the Peace shall order or appoint Justices And be it further Enacted § 3. N. 1 c. that the said several Iustices of the Peace of the said respective Counties at the General Quarter-Sessions of the Peace for the said County respectively shall yearly or every two years at the furthest in open Court make choice thereof and appoint such Person or Persons as they shall respectively think fit for the said Counties respectively to be Imployed in the said Service Religion Provided that every Person and Persons employed for the preservation of the said respective Counties from Theft and Rapine § 4. N. 1. or as Treasurer for the said Service do receive the Sacrament of the Lords Supper according to the usage of the Church of England in some publick Church upon some Lords Day commonly called Sunday within the space of Thrée months after they shall enter upon such Imployment and deliver a Certificate thereof to the next Quarter-Sessions in the respective County where they shall be so Imployed and take the Oaths of Allegiance and Supremacy and make and subscribe the Declaration appointed to be made and subscribed in and by one Act in this present Parliament c. viz. 25 Car. 2. 2. c. under the Penalties and Forfeitures by the said Act appointed Statuta 30 Car. 2. 30 Car. 2. 3. § 4. N. 4. VIz. The Five pounds Penalty for not Burying in Woolen Drapery c. to be Levied by way of Distress and Sale thereof by Warrant of the Chief Magistrate in any Town Corporate or any Iustice of the Peace c. § 5. N. 1. And it is hereby further Enacted c. that the said Affidavit Oath viz. of Parties being Coffined in Woollen only shall be made or taken before some Iustice of the Peace or Master of the Chancery Ordinary or Extraordinary Mayor Baliff or other Chief Officer of the City County Borough Corporation or Market Town in the County where the said Party was Buried who are hereby Authorized and required to Administer the said Oath and to attest the same under their Hands upon such Affidavit gratis N. 2. And in Case no such Affidavit shall be brought to the Person Church c. where the said Party was Buried c. within the said Eight dayes that such Person c. shall forthwith c. cause notice thereof to be given in Writing under his Hand to the Church-warden or Overseers of the Poor of such Parish who shall within Eight dayes after such notice repair to the Chief Magistrate in any Town Corporate c. or else to any Iustice of the Peace who upon the
§ 1. N. 3. after that they shall have the Records of the same Pleas and Processes before them shall have Power and Authority to continue the said Pleas and Processes and the same Pleas and Processes and all that depend upon them to hear and finally to determin as the other Iustices might and ought to have done of and in the same if no new Commission had been made Wax And that as well every Iustice of Peace in the County where he is Iustice as Mayors and Bailiffs within Cities and Boroughs C. 12. § 1. N. 4. Stewards of Lords within the Franchises of their Lords have Power and Authority to Examin and Search viz. those that sell Wax-Candles too dear as well by Weights of such Candles Images Figures and other Works of Wax as in other manner by their Discretion and all them that any thing shall hereafter do against this Statute and to punish them that by such Examination and Search shall be found guilty in the form abovesaid Dayes Item Whereas it was Ordained by a Statute viz. 12 Rich. 2. 14 H. 6. C. 4. Cap. 10. § 1. N. 2. that the Iustices of Peace of all the Counties of England for the time being should sit and hold all their Sessions four times by the year to Enquire and Execute all Charges contained in their Commission which they be sworn to do according to the form of the Statute upon a great pain as by the same Statute more fully appeareth Justices Our Lord the King considering that all the high Courts be set and holden in the County of Midlesex § 1. N. 2. continually during all the four times of the Term by which time of Term the Commons Inhabiting in and of the same County must attend from time to time to Enquire of all the Articles to the said Courts belonging as Reason and Law requireth and that presently after every of the said Terms ended the said Iustices of the said County do sit and hold their Sessions in the same County as they ought to do by force of the said Statute viz. 12 R. 2. Cap. 10. § 1. N. 2. more to avoid the said Penalty than for any other necessary thing there to be required at which Sessions they cause to come before them a great part of the Inhabitants and Commons of the said County of Midlesex to enquire of all manner of things as to them is given in charge and by that means they be charged and vexed throughout all the year as well out of the time of Term as in the time of Term so that they have no rest nor time to do their Husbandry and their Labour to get their Living in any wise to their utter undoing if they be not releived in this behalf § 1. N. 3. Therefore the same our Lord the King willing in this case to provide for them a Remedy hath Ordained by the Advise and Assent aforesaid Peace and at the Request of the said Commons of the Realm that the Iustices of Peace which now be and all other hereafter for the time being in the said County of Midlesex shall be clearly discharged of the said Penalty by Authority of the same Parliament from henceforth the Court of Kings Bench being set in the said County of Midlesex § 1. N. 4. Provided always that the said Iustices of Peace of the said County of Midlesex for the time being keep Force observe and execute the Court of the Sessions of the Peace two times in the year at least and more often if need be for any Riot or forcible Entry made within the same County of Midlesex and that upon the Pain and Forfeiture of such Sums as be for that ordained by any Law made before this time to the end and intent that the said Commons and Inhabitants of the said County of Midlesex be not enforced nor compelled to appear before the Iustices of Peace of the same County for the time being but at such time which shall seem by the Discretion of the same Iustices of Peace necessary and behoofeful 25 Ed 3. Cap. 8. 36 Ed. 3. Cap. 12. 12 R. 2. Cap. 10. § 1. N. 2. 2 H. 5. Cap. 4. § 2. N. 2. 18 H. 6 cap. 11. Item Whereas by Statutes viz. 1 E 3. Cap. 16. § 1. N. 2. Justices 18 E. 3. St. 2. Cap. 2. 13 R. 2. Cap. 7. 17 R. 2. Cap. 10. § N. 2. made in the time of the Kings noble Progenitors it was Ordained that in every County of England Iustices should be Assigned of the most worthy of the same Counties to keep the Peace and to do other things as in the same Statutes fully is contained which Statutes notwithstanding now of late in many Counties of England the greatest number have been Deputed and Assigned which before this time were not wont to be whereof some be of small Behaviour by whom the People will not be Governed nor Ruled and some for their necessity do great Extortion and Oppression upon the People whereof great Inconveniences be likely to rise daily if the King thereof do not provide Remedy § 1. N. 2. The King willing against such Inconveniences to provide Remedy Ability hath Ordained and Established by Authority aforesaid that no Iustices of Peace within the Realm of England in any County shall be Assigned or Deputed if he have not Lands and Tenements to the value of 20 l. by year § 1. N. 3. And if any be Ordained hereafter to be Iustices of Peace in any County which hath not Lands or Tenements to the value aforesaid Justices that he thereof shall give knowledge to the Chancellor of England for the time being which shall put another Sufficient in his place § 1. N. 4. And if he give not the said knowledge as before Notice within a Month after that he hath notice of such Commission or if he sit or make any Warrant or Precept by force of such Commission he shall incur the Penalty of 20 l. and nevertheless be put out of the Commission as before § 1. N. 5. And the King shall have one half of the said Penalty Forfeiture and he that will sue for the King the other half and he that will sue for the King and for himself shall have an Action to demand the same Penalty by Writ of Debt at the Common Law § 2. N. 1. Provided always that this Ordinance shall not extend to Cities Corporation Towns or Boroughs which be Counties Incorporate of themselves nor to Cities Towns or Boroughs which have Iustices of Peace of Persons dwelling in the same by Commission or Warrant of the King or of his Progenitors Ability Provided also § 2. N. 2. that if there be not sufficient Persons having Lands and Tenements to the value aforesaid learned in the Law and of good Governance within any such County that the Chancellor of England for
requisite Process such and so many persons as by their Discretion have or shall have best experience in the Occupation of making of Tile to search or examin in the digging casting turning parting making whitning and anealing aforesaid § 1. N. 18. And if the same Searchers or any of them do find Indictment that any person or persons exercising the Occupation of Tile-making do offend contrary to this Ordinance that then the same Searchers shall present such Defaults before the Iustices of Peace at their next Sessions § 1. N. 19. And that every such Presentment shall be as strong and effectual in the Law as the Presentment of twelve men Enquest § 1. N. 12. And that the Iustices of Peace shall have power to examin Justices Enquire and determin the Defaults of such Searchers in the Premises in like form as above is ordained for the Defaults of Tile-makers Statuta Rich. 3. Bayl. BE it enacted 1 R. 3. Cap. 3. § 1. N. 2. c. that every Iustice of Peace in every Shire City or Town shall have Authority and Power by his or their Discretion to Let such Prisoners and Persons so arrested Viz. on malice or light Suspition of Felony to Bail or Mainprize in like form as though the same Prisoners or Persons were Indicted thereof of record before the same Iustices in their Sessions 3 H. 7. Cap. 3. § 1. N. 7. and 34 Ed. 3. 1. § 1. N. 6. Coron And that Iustices of Peace have Authority to Enquire in their Sessions § 1. N. 3. of all manner Escapes of every person Arrested and Imprisoned for Felony Fines And it is Ordained c. that a like Transcript of the same Fine Cap. 7. § 2. N. 1. viz. in C. B. shall be sent to the Iustices of Peace of the County where the said Lands c. be they to cause open and solemn Proclamation of the said Fine to be made at four general Sessions of the Peace to be holden the same year Statuta Hen. 7. Forest THE King our Soveraign Lord c. Ordained 1 H. 7. Cap. 7. § 1. N. 3. that at every such time as Information shall be made of any such unlawful Huntings viz. in Forests Parks and Warrens by night or with painted faces hereafter to be done to any of the Kings Counsel or to any of the Iustices of the Kings Peace of the County where any such Hunting shall be had of any person to be suspect thereof that then it shall be lawful to any of the said Iustices of Peace or Counsel to whom any such Information shall be made to make a Warrant to the Sheriff of such County or to any Constable Bailiff or other Officer within the same County to take and arrest the same person or persons of whom any such Information shall be had and to have him or them before the Maker of any such Warrant or any other the Kings said Counsel or Iustice of his place of the same County Justices And that the said Counsellor or Iustice of Peace afore whom such person or persons shall be brought § 1. N. 4. by his Discretion have power to examin him or them so brought afore the said Counsellor or Iustice of the said Hunting and of the said Defaults in that behalf Amercement And if he then confess truth § 1. N. 6. and all that he shall be examined of and knoweth in that behalf that then the said Offences of Huntings by him done be against the King our Soveraign Lord but Tresspass Finable by reason of the same Confession at the next general Sessions of the Peace to be holden in the same County by the Kings Iustices of the same Sessions there to be Sessed Enquest And over that 3 H. 7. C. 1. § 1. N. 4. viz. besides the Star Chambers Jurisdictions it is Ordained c. that the Iustices of Peace of every Shire of this Realm for the time being may take by their Discretion an Enquest whereof every man shall have Lands and Tenements to the yearly value of forty shillings at the least to enquire of the Concealments of other Enquests taken afore them and afore other of such matters and Offences as are to be enquired and presented before Iustices of Peace whereof Complaint shall be made by Bill or Bills as well within Franchis as without Amercement And if any such Concealment be found of any Enquest as is afore rehersed had or made within the year after the said Concealment § 1. N. 5. every person of the same Enquest to be Amerced for the same Concealments by Discretion of the same Iustices of the Peace the said Amercements to be Sessed in plain Sessions §. 1 N. 21. And also Iustices of Peace have Power to enquire of such Escapes Escape viz. of Murderers in the Day and that to certifie before the King in his Bench. § 1. N. 26. And also it is Ordained by the same Authority Peace that every Iustice of Peace within this Realm that shall take any Recognizance for the keeping of the Peace that the same Iustice do certifie send or bring the same Recognizance at the next Sessions of the Peace where he is or hath been Iustice that the party so bound may be called § 1. N. 27. And if the party make Default Justices the same Default then there to be recorded and the same Recognizance with the Record of the same Default be sent and certified into the Chancery or afore the King in his Bench or into the Kings Exchequer Cap. 3. § 1. N. 3. Wherefore the King c. hath ordained Bail c. that the Iustices of Peace in every Shire City or Town or two of them at the least whereof one to be of the Quorum have Authority and Power to Let any such Prisoners or persons mainpernable by the Law that have been Imprisoned within their several Counties City or Town to Bail or Mainprize unto their next general Sessions or unto the next Goal-Delivery of the same Goals in every Shire City or Town as well within Franchises as without where any Goals be or hereafter shall be 1 2 Ph. Mary 13. § 1. N. 2. § 1. N. 4. And that the said Iustices of the Peace or one of them Certificate so taking any such Bail or Mainprize do certifie the same at the next general Sessions of the Peace or the next Goal-Delivery of any such Goal within every such County City or Town next following after any such Bail or Mainprize so taken upon pain to forfeit unto the King for every Default thereupon recorded 10 l. § 1. N. 7. And that the foresaid Act viz. 1 R. 3 Cap. 3. § 1. N. 2. Joynder giving Authority and Power in the Premisses to any Austice of the Peace by himself be in that behalf utterly Void and of none Effect by
Authority of this present Parliament 4 H. 7. C. 12. Item The King our Soveraign Lord considereth that by the negligence Justices misdemeaning favour and other Inordinate Causes of Iustices of Peace in every Shire of this his Realm the Laws and Ordinances made for the politick-weal peace and good-rule of the same and for the profit surety and restful living of his Subjects of the same be not duly Executed according to the tenor and effect of that they were made and ordained for § 1. N. 2. Wherefore his Subjects been greivously hurt Prerog and out of surety of their Bodies and Goods to his great displeasure for to him is nothing more joyous than to know his Subjects to live peaceably under his Laws and to encrease in Wealth and Prosperity § 1. N. 3. And to avoid such Enormities and Injuries Peace so that his said Subjects may live restfully under his Peace and Laws to their Encrease § 1. N. 4. He will that it be Ordained and Enacted by Authority of this said Parliament Days that every Iustice of Peace within every Shire of this Realm within the Shire where he is Iustice of Peace do cause openly and solemnly to be proclamed yearly four times a year in four principal Sessions the tenor of this Proclamation to this Bill annexed § 1. N. 5. And that every Iustice of Peace being present at any of the said Sessions Justices if they cause not the said Proclamations for to be made in form abovesaid shall forfeit unto our Soveraign Lord at every time twenty shillings § 2. N. 1. Henricus Dei Gratia c. The King our Soveraign Lord considereth Execution how daily within this Realm his Coin is Traiterously Counterfeited Murders Robberies Felonies been greivously committed and done and also unlawful Reteyners Idleness unlawful Plays Extortions Misdemeanings of Sheriffs Escheators and many other Enormities and unlawful Demeanings daily grown more and more within this Realm to the great Displeasure of God Hurt and Impoverishing of his Subjects and to the Subversion of the Policy and good Governance of this his Realm for by these sad Enormities and Mischeifs his Peace is broken his Subjects troubled inquieted and impoverished the Husbandry of this Land decayed whereby the Church of England is upholden the Service of God continued every man thereby hath his sustenance every Inheritor his rent for his Land Process For repressing and avoyding of the said mischeifs sufficient Laws and Ordinances been made by Authority of many and divers Parliaments holden within this Realm to the great cost of the King § 2. N. 2. his Lords and Commons of the same and lacketh nothing but that the said Laws be not put in due execution which Laws ought to be put in due execution by the Iustices of Peace of every Shire of this Realm to whom his Grace hath put and given full authority so to do sith the beginning of his reign Justices And now it is come to his knowledg § 2. N. 3. that his Subjects be little cased of the said mischeifs by the said Iustices but by many of them rather hurt than helped and if his Subjects complain to these Iustices of Peace of any wrongs done to them they have thereby no remedy and the said mischeifs do increase and be not subdued Peace And his Grace considereth § 2. N. 4. that a great part of his wealth and prosperity of his Land standeth in that that his Subjects may live in surety under his Peace in their bodies and goods and that the Husbandry of this Land may increase and be upholden which must be had by due execution of these Laws and Ordinances chargeth and commandeth the Iustices of the Peace of this his Shire to endeavour them to do and execute the tenor of their Commission and the said Laws and Ordinances ordained for the subduing of the premises as they will stand in love and favour of his Grace and in avoyding of the pains that are ordained if they do the contrary Process And moreover he chargeth and commandeth § 2. N. 5. that every man what degree or condition that he be of that let them in word or deed to execute their said authority in any manner and form abovesaid that they shall shew it to his Grace and if they do it not and it come to his knowledg by other than by them they shall not be in his favour but taken as men out of credence and be put out of Commission for ever Execution And over this he chargeth and commandeth all manner of men as well the poor as the rich which be to him all one in due ministration of Iustice that is hurt or grieved in any thing § 2. N. 6. that the said Iustice of Peace may hear determine or execute in any wise that he so grieved make his complaint to the Iustice of Peace that next dwelleth unto him or to any of his fellows and desire a remedy Justices And if then he have no remedy § 2. N. 7. if it be nigh such time as his Iustices of Assizes come into that Shire that then he so grieved shew his complaint to the same Iustices Chancery And if then he have no remedy § 2. N. 8. or if the complaint be made long afore the coming of the Iustices of Assize then he so grieved come to the Kings Highness or to his Chancellor for the time being and shew his grief Process And his said Higness then shall send for the said Iustice to know the cause why his said Subjects be not eased and his Laws executed § 2. N. 9. whereupon if he find any of them in default of executing of his Laws in the premises according to his Highness commandment he shall do him so offending to be put out of the Commission and further to be punished according to his merits Justices And over that his said Highness shall not let for any favour § 2. N. 10. affection cost charge nor other cause but that he shall see his Laws to have plain and true execution and his Subjects to live in surety of their lands bodies and goods according to his said Laws and the said mischeifs to be avoyded that his Subjects may increase in wealth and prosperity to the pleasure of God Measures And that the Iustices of Peace of every Shire of England have full authority and power to inquire hear 7 H. 7. cap. 4. § 1. N. 12. or determine the said defaults viz. in Weights and Measures c. Games And that the Housholder where Dicing Carding Tennis-playing 11 H. 7. C. 2. § 1. N. 14. Bowls Clash or any other unlawful games afore rehearsed shall be used owise than is afore rehearsed viz. in Christmas in the presence of the Master and that lawfully be presented before the Iustices of Peace the Mayor Sheriff in his Turn
or Steward in his Leet or by examination had afore the said Iustices of Peace that Process be made upon the same as upon Indictment of Trespass against the Kings Peace 19 H. 7. cap. 12. § 2. N. 4. § 1. N. 15. And that the said Misdoer be admitted to no Fine under the Sum of 6 s. 8 d. 19 H. 7. cap. 12. § 2. N. 4. Amercement § 1. N. 16. And that it be lawful to two of the Iustices of the Peace Justices whereof one shall be of the Quorum within their authority to reject and put away common Ale selling in Towns and Places where they shall think convenient 19 H. 7. cap. 12. § 2. N. 5. § 1. N. 17. And to take surety of Keepers of Ale-houses Ale of their good behaviour by the discretion of the said Iustices and in the same to be advised and agreed at the time of their Sessions 19 H. 7. Cap. 12. § 2. N. 6. Cap. 3. The King our Soveraign Lord calling to his remembrance Riot that many good Statutes and Ordinances be made for the punishment of Riots unlawful Assemblies Retainers and giving and receiving of Liveries Signs and Tokens unlawfully Extortions Maintenance Imbracery excessive taking of Wages contrary to the Statute of Laborers and Artificers viz. 23 Ed. 3. cap. 1. the use of unlawful Games inordinate Apparel and many other great inconveniencies and offences which been committed and done daily contrary to the good Statutes for many and divers behooful considerations severally made and ordained to the high displeasure of Almighty God and the great let of the Common Law and Weal of this Land notwithstanding generally by the Iustices of the Peace in every Shire within this Realm in the open Sessions is given in charge to inquire of many Offences committed contrary to divers of the said Statutes and divers inquests thereupon there straitly sworn and charged before the said Iustices to inquire of the premises and therein to present the Truth which is letted to be found by embracery maintenance corruption and favour by occasion whereof the said Statutes be not nor cannot be put in due execution 1 H. 8. Cap. 6. § 1. N. 2. For reformation whereof Enquest for so much that before this time the said Offences Extortions Contempts and other the premises might not nor as yet may be conveniently punished by the due order of the Law except it were first found and presented by the verdict of twelve Men thereto duly sworn which for the causes afore rehearsed will not find nor yet present the truth 3 H. 7. Cap. 1. § 1. N. 2. § 1. N. 3. Wherefore be it by the advice and assent of the Lords Spiritual and Temparal and the Commons in this present Parliament assembled Justices and by authority of the same Enacted Ordained and Stablished that from henceforth as well the Iustices of the Assize in the open Sessions to be holden afore them as the Iustices of Peace in every County of the said Realm upon Information for the King before them to be made have full power and authority by their discretion to hear and determine all Offences and Contempts committed and done by any person or persons against the form ordinance or effort of any Statute made and not repealed 1 H. 8. Cap 6. § 1. N. 4. And that the said Iustices upon the said Information Process shall have full power and authority to award and make like Process against the said Offenders and every of them as they should or might make against such person or persons as been presented and indicted before them of Trespass done contrary to the Kings Peace and the said Offender and Offenders duly to punish according to the purport form and effect of the said Statutes § 1. N. 5. Also be it Enacted by the said authority Information that the person which shall give the said Information for the King shall by the discretion of the said Iustices content and pay to the said person or persons against whom the said Information shall be so given his reasonable costs and damages in that behalf sustained if that it be tried or found against him that so giveth or maketh any such Information 11 H. 7. Cap. 7. § 1. N. 18. § 1. N. 6. Provided alway that any such Information extend not to Treason Treason Murder or Felony nor to any other Offence wherefore any person shall lose Life or Member nevertheless by nor upon the same Information any Lands Tenements Goods and Chattels to the Party making the same Information Lieu. Provided also that the said Information shall not extend to any Person dwelling in another Shire than there § 1. N. 7 as the said Information shall be given or made Franchise Saving to every Person and Persons Cities and Towns § 1. N. 8. all their Liberties and Franchises to them and every of them of right belonging and appertaining Measures And two Iustices of Peace Ca. 4. § 1. N. 13. whereof one shall be of the Quorum have authority as well by examination as by inquiry to hear and determine the faults of the said Mayors Bailiffs and other Head Officers in that behalf viz. Of Weights and Measures And also of all Buyers and Sellers doing contrary to this present Act and Ordinance and to set Fine and Amercement upon the Offenders by their discretion 34 Ed. 3. Cap. 5. 7 H. 7. Cap. 4. § 1. N 12. Process Be it also ordained c. § 1. N. 16. That the Iustices of Peace abovesaid have authority to make like Process against all Persons found as is abovesaid defective and for such Fines and Amercements as upon them shall be assess'd as if they were Indicted afore them for breaking of the Kings Peace Riot Prayen the Commons of this our Land in this present Parliament assembled Cap 7. that where for the great rest and tranquility of your said Commons true Liege-men and Subjects inhabited in this your Realm divers and many good Statutes Acts and Ordinances have been made in times past ordained and stablished to subdue and punish Riots for the unlawful raising and leading of People Riots Routs and other unlawful assemblies whereby many evil Deeds Ieoperdies Perils Fear and Dread to your Subjects have grown and thereupon great Penalties set upon the said Rioters and Offenders as in divers remembred Statutes Acts and Ordinances in the days of your noble Progenitors at several times made ordained and provided more at large doth and may appear Franchise Yet the same Acts notwithstanding some Persons not dreading God § 1. N. 2. their Soveraign Lord nor the punishment of the Laws made and had in this behalf oft times as well by colour of such Offices as they have obtained as Receivers Stewards and Bailiffs of Lordships and other Officers as by peny Reteiners by Oath Promise Covenant and otherwise
discretion of the same Iustice C. 6. § 1. N. 15. And over this the Iustices of Peace within every Shire at their general Sessions holden at Michaelmas Mettle shall assign and appoint two certain Persons having experience therein viz. in deceitful Pewter and Brass c. to make search in the Premises in every part of that Shire as well within the Franchise as without saving in Cities and Boroughs where Searchers be appointed by the Heads and Governours of the same C. 11. § 1. N. 9. And that the Iustices of Peace in their Sessions shall have Authority to take before them any Person suspected of the Premises Forest viz. Of Dear-hayes Buckstails or taking of Herons and by their discretion to examine them in the premises § 1. N. 11. And that these Iustices Justices that so examine them shall have the tenth part of every such forfeiture for their Labour in that behalf Ca. 12. § 2. N. 8. Furthermore be it enacted by the said Authority Poor that Iustices of the Peace or two of them at the least within their Shires and every Mayor Sheriff and Bailiff within their Cities Towns and Boroughs shall have full power and authority to make four times in the year that is to say every quarter once or ofter as by their Discretion shall be thought necessary throughout all their Shire a due and a diligent secret search and if they or any of them find by reason of the said Search any of the said mis-ruled Persons viz. Vagabonds c. the said misruled Persons so found to have like punishment and correction as is aforesaid Viz. at discretion Riot Whereas in the Parliament holden at Westminster the Tuesday the morrow next after All Souls Cap. 13. 13th year of the reign of King Henry the fourth viz. 13. H. 4. Cap. 7. Among other things it was Enacted Ordained and Established that if any Riot Assembly or Rout of People against the Law were made in any part of the Realm that the Iustices of the Peace three or two of them at the least and the Sheriff or Vnder-Sheriff of the County where such Riot Assembly or Rout should be done after the same Statute should come with the power of the Shire if need should be to arrest them and them should arrest 2 H. 5. Cap. 8. Records And viz. 13 H. 4 Cap. 7. § 1. N. 2. § 1. N. 2. the same Iustices and Sheriff or Vnder-Sheriff should have power to record that that they should find so done in their presence against the Law 2 Hen. 5. Cap. 8. § 1. N. 2. Process And viz. 13 H. 4. Cap. 7. § 1. N. 3. § 1. N. 3. that by the Record of the same Iustices and Sheriff or Vnder-Sheriff the same Trespassers and Misdoers should be convicted in manner and form as it is contained in the Statute viz. 5 R. 2. Cap. 7. § 1. N. 3. 15 R. 2. § 1. N. 3. Of Forcible Entries with divers and many other Articles touching and concerning the Premises as in the same Statute made the said thirteenth year viz. 13. H. 4. Cap. 7. more plainly at large it appeareth 2 H. 5. Cap. 8. § 1. N. 2. Riot Which Statute viz. 13 H. 4. Cap. 7. is thought good and necessary § 1. N. 4. wherefore by the advice and assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same be it therefore ordained established and enacted that the said Act made in the said thirteenth year of King Henry the fourth Viz. 13 H. 4. Cap. 7. concerning Riots Assemblies and Routs of people and all and every Article and Articles comprised in the same and also all other Statutes viz. 2 H. 5. Cap. 8. c. before this time made concerning the punishment of Rioters at the time of making this Act being in force from henceforth stand in their force and be duly put in execution after the tenors and purports of the same Enquest And for as much as in the said Statute made in the said thirteenth year viz. 13 H. 4. Cap. 7. § 1. N. 5. It is not expressed of what sufficiency the Iurors impanelled should be or what Issues they should lose if they appear not nor no mention thereon made of any punishment of the Maintainers and Embracers of the Iurors that so shall be Impanelled should have for their misdemeanors if any be Ability It is therefore furthermore Enacted by the said Authority in this present Parliament That if any Riot Rout § 1. N. 6. or unlawful Assembly be committed and done at any time after the first day of May next coming within this Realm of England that the Sheriff having a Precept directed to him shall return one and twenty Persons dwelling within the Shire where such Riot Rout or unlawful Assembly shall be so committed and done whereof every of them shall have Lands and Tenements within the same Shire to the yearly value of twenty shillings Charter land or Free-hold or twenty six shillings and eight pence of Copyhold of both over and above all charges for to inquire of the said Riot Rout or unlawful Assembly Return And shall return upon every Person so by him impanelled in Issues § 1. N. 7. at the first day twenty shillings and at the second day forty shillings if they appear not and be sworn to enquire of the premises at the first day Sheriff And if default be in the Sheriff or Vnder-Sheriff § 1. N. 8. for returning of other Persons not being of the said sufficiency or return not Issues in form aforesaid that then the said Sheriff shall forfeit to our Sovereign Lord the King for either default therein twenty pound Riot And if the said Riot Rout § 1. N. 9. or unlawful Assembly be not found by the said Iury by reason of any Maintenance or Embracery of the said Iurors then the same Iustices and Sheriff or Vnder-Sheriff over and above all such Certificate that they must and be bound to make according to the said Statute made the said thirteenth year viz. 13 H. 4. Cap. 7. § 2. N. 1 shall in the same Certificate certifie the names of the Maintainers and Embracers in that behalf if any be with their misdemeaners that they know upon pain of every of the said Iustices and Sheriff or Vnder Sheriff to forfeit 20 l. if the same Iustices and Sheriff or Vnder Sheriff have no reasonable Excuse for not certifying the same § 1. N. 10. Which Certificate so made shall be of like force and effect in the Law Certificate as if the matter contained in the same were duly found by the Verdict of twelve men § 1. N. 11. And every Person duly proved to be a Maintainer or Embracer of the same shall forfeit to our said Soveraign Lord Maintainers 20 l. and as well the
made 32 H. 8. cap. 7. § 4. N. 1. § 1. N. 6. And to commit the same Person or Persons to ward Imprisonment there to remain without Bail or Mainprise till that he or they shall have found sufficient Surety to be bound by Recognizance or otherwise before the Kings said Counsellor or Iustice of Peace or any other like Counsellor or Iustice of Peace to the use of our said Soveraign Lord the King to give due obedience to the Process Proceedings Decrees and Sentences of the Ecclesiastical Court of this Realm wherein such Suit or matter for the Premises shall depend or be § 1. N. 7 And that every of the Kings said Counsellors Justices or two Iustices of the Peace whereof the one to be of the Quorum as is aforesaid shall have full power and authority by vertue of this Act to take receive and record Recognizances and Obligations in any of the Causes above-written C. 24. § 2. N. 1. And be it also Enacted c. That no Person or Persons of what estate Deputy degree or condition soever they be c. shall have any power or authority to make any c. Iustices of Peace c. Lambert 25. § 2. N. 2. But that all such Officers and Ministers shall be made by Letters Patents under the Kings Great Seal Patents in the name and by the authority of the Kings Highness and his Heirs Kings of this Realm in all Shires Counties Counties Palatine and other places of this Realm Wales and the Marches of the same or in any other of his Dominions at their pleasure and wills in such manner and form as c. Iustices of the Peace c. commonly made in every Shire of this Realm any Grants Vsages Prescription Allowance Act or Acts of Parliament or aâ— other thing or things to the contrary thereof notwithstanding Indictment And that in every Writ and Indictment § 4. N. 1. that shall be made in any such County Palatine or Liberty c. whereby it shall be supposed any thing to be done against the Kings Peace shall be made and supposed to be done only against the Kings Peace his Heirs and Successors and not against the Peace of any other Person or Persons whatsoever they be any Act of Parliament Grant Custome Vsage or Allowance in Eyre before this time had granted or used to the contrary notwithstanding Franchise Provided alwayes that § 5. N. 1. c. Iustices of Peace to be made and assigned by the Kings Highness within the County Palatine of Lancaster shall be made and ordained by Commission under the Kings usual Seal of Lancaster in manner and form as hath been accustomed any thing in this Act to the contrary thereof notwithstanding Corporation Provided also that all Cities Boroughs § 6. N. 1. and Towns Corporate within this Realm which have liberty power and authority to have Iustices of Peace c. shall still have and enjoy their liberties and authorities in that behalf in such like manner as they have been accustomed without any alteration by occasion of this Act any thing in this Act or in any Article therein contained to the contrary thereof notwithstanding Justices And it is Enacted c. That all such Iustices to be made § 16. N. 1. as is afore rehearsed in this Act shall have authority and power to keep and hold their Sessions of Peace c. from time to time only within the same Liberties and Franchises and in such places and in none other places by reason and authority of that Commission and to do and execute all other things within the same in as ample and large manner as any other Iustices of Peace c. in any Shire within this Realm may do and have authority to do any Act Grant Vse Custome and Allowance heretofore had made or used or any Article in this present Act made to the contrary notwithstanding Franchise Provided alwayes That all and singular Iustices of the Peace § 17. N. 1. c. hereafter to be made named and appointed by the Kings Highness his Heirs and Successors within any Liberty where any such Iustice of Peace c. have been made by any person or persons by virtue or authority of any Letters Patents of the Gift or Grant of our Soveraign Lord the King or his most noble Progenitors Kings of this Realm or otherwise shall sit and keep their Sessions c. only in such place and places as the Iustices of the said Liberties lately have commonly used within the said Liberties Corporation And that no Person or Persons within the said Liberties § 17. N. 2. or any of them shall be hereafter in no wise compelled by authority of this Act to appear out of the said Liberties before any other Iustices c. of the Peace then before such Iustices as shall be named and assigned to sit and be by the Kings Highness his Heirs and Successors within the said Liberties in form aforesaid Cinque Ports Provided always and be it Enacted § 20. N. 1. that Thomas now Bishop of Ely and his Successors Bishops of Ely and their temporal Steward of the Isle of Ely for the time being and every of them shall from henceforth be Iustices of Peace within the said Isle and shall use and exercise all manner of things within the same Isle that appertain or belong to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as ample and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding Eccles Persons Provided always and be it Enacted § 21. N. 1. that Cuthbert now Bishop of Durham and his Successors Bishops of Durham and their temporal Chancellor of the County Palatine of Durham for the time being and every of them shall from henceforth be Iustices of the Peace within the said County Palatine of Durham and shall exercise and use all manner of things within the same County Palatine that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as â—â—â—â—ple and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding § 22. N. 1. Provided alwayes and be it Enacted Justices That Edward now Arch-Bishop of York and his Successors Arch-Bishops of York and their temporal Chancellor of the Shire and Liberty of Hexam otherwise called Hextoldsham for the time being and every of them shall from henceforth be Iustices of Peace within the said Shire
and Liberty of Hexam c. and shall exercise and use all manner of things within the said Shire and Liberty that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by vertue and authority that they be Iustices of Peace in as large and ample manner as any other Iustice of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding Cap. 28. 27. § 11. N. 1. And over that it is Enacted Husbandry That all Iustices of Peace in every Shire where every such offence Viz. Of not using Husbandry on dissolved Monastery c. shall be committed and done contrary to the true meaning and intent of this present Act shall in every quarter and general Sessions within the limit of their Commission inquire of the Premises and shall have full power and authority to hear and determine the same 28 H. 8. C. 14. § 4. N. 1. And it is also Enacted Wine That the Iustices of Peace in every Shire of this Realm and all Mayors c and every of them within the limits of their Commissions and authorities as well within Franchises as without shall have power and authority to examine hear inquire and determine the defaults of such as shall attempt to sell any Wines in gross contrary to this Act and to punish the Offenders by Imprisonment or otherwise by their discretions 31 H 8. Ca. 8. § 9. N. 1. Provided also Prerog That if any Proclamation or Proclamations hereafter shall be directed by virtue of this Act viz. For any thing not concerning Inheritance c. to the Iustices of Peace of any Shire or County that then within fourteen dayes after the receipt thereof the same Iusties shall and may by their discretions divide themselves viz. As on Act of Parliament in sundry parts and places within the limits of their Commission for the due and speedy execution of the contents of the same Proclamation or Proclamations C. 14. § 17. N. 3. And also That Iustices of Peace in their Sessions Religion and every Steward Vnder-Steward and Deputy of Steward of any Leet or Law-day in their Leet or Law day shall have like power and authority by virtue of this Act to inquire by the Oaths of twelve lawful men of all and singular the Heresies Contempts and other Offences viz. Against the six Articles c. done perpetrated or committed within the limits of their Commissions and Authorities 1 Ed. 6 Cap. 12 § 4. N. 1. 32 H. 8. Cap. 7. § 4. N. 1. And further be it Enacted c. Tythes That if any Person or Persons after such Sentence definitive given against them Viz. In suit by Ecclesiastical or Lay-man seised of Parsonage c. For tythes obstinately and wilfully refuse for to pay their Tythes or such Sums of Mony so adjudged viz. By the Ordinary wherein they be condemned for the same that then two Iustices of the Peace of the same Shire whereof one to be of the Quorum shall have authority by this Act upon Information Certificate or Complaint to them made by writing by the said Ecclesiastical Iudge that gave the same Sentence to cause the same Party so refusing to be attached and committed to the next Goal and there to remain without Bail or Mainprize till he or they shall have found sufficient Sureties to be bound by Recognisance or otherwise-before the same Iustices to the use of our Sovereign Lord the King to perform the said definitive Sentence and Iudgment 27 H. 8. Cap. 20. § 1. N 5. C. 13. § 8. N. 1. And it is further Enacted c. Cattle That the Iustices of Peace in every Shire Riding and other Place in their Quarter Sessions to be kept and holden by virtue of the Kings Commission of the Peace to them directed and all Stewards of Leets c. shall have authority by this Act to inquire of all defaults Contempts Omissions and Offences contrary to the effects above written c. viz. Of putting in Horses not measure or infected into Forest Common c. Common Which Iustices of Peace in their Quarter Sessions of the Peace shall have power and authority by this Act to hear and determine every such Presentment before themselves found § 8. N. 3. or in any of the said Leets or Lawdays to be presented and certified c. as well by Examination as otherwise Franchise In consideration viz. of the travelling too often of the Gentry c. be it Enacted c. C. 43. § 1. N. 8. That from henceforth the Law and Administration of Iustice and all other things in the said County viz. of Chester in times past used to be had at the said Shire days shall be holden had made done and executed by the Iustices of the said County for the time being at two times in the year only that is to wit at the Sessions next after the Feast of St. Michael the Archangel and at the Sessions next after Easter yearly for ever during so many days of every of the said time or times as need shall require in like manner and form as it is now used in the County Palatine of Lancaster Parliament Henry the Eighth by the grace of God King of England France and Irelend Defender of the Faith and of the Church of England 33 H. 8. pa. 532. and also of Ireland in Earth Supream Head to the honour of Almighty God and for the concord quiet and wealth of this his Realm and Subjects of the same held his most high Court of Parliament begun at Westminster the sixteenth day of January and continued until the first day of April the three and thirtieth year of his most noble and virtuous Reign wherein were established these Acts following Collusion Forasmuch as many light and evil disposed Persons not minding to get their livings by Truth according to the Laws of this Realm Cap. 1. but compassing and devising daily how they may unlawfully obtain and get into their hands and possession Goods Cattel and Iewels of other Persons for the maintainance of their unthrifty living and also knowing that if they come to any of the same Goods Cattles and Iewels by stealth that then they being thereof lawfully convict according to the Laws of the Realm shall die therefore have now of late falsely and deceitfully contrived devised and imagined privy Tokens and counterfeit Letters in other mens names unto divers persons their special friends and acquaintances for the obtaining of Mony Goods Cattels and Iewels of the same persons their friends and acquaintances by colour whereof the said light and evil disposed Persons have deceitfully and unlawfully obtained and gotten great substance of Mony Goods Cattels and Iewels into their hands and Possessions contrary to right and Conscience Coron For reformation
to the intent that the Sheriff shall there answer the same to the Kings use § 3. N. 1. Provided always and be it Enacted by Authority aforesaid Fees that every of the said Iustices of Peace shall have for holding of every of their said Sessions as is aforesaid 4 s. for their Costs § 3. N. 2. And the Clerk of the Sessions by them to be appointed for the making and writing of the Process and Extracts of the Sessions Offices for every Sessions 2 s. to be paid by the hands of the Sheriff of the Kings part and Portion of the Pains Losses and Forfeitures and of the Issues Fines and Amercements aforesaid § 4. N. 1. Provided always that Iustices of Peace in Cities Corporat Boroughs and Towns Corporate not being Shires or Counties of themselves shall assemble once in the year with the Iustices of Peace of the Shire where such Cities Boroughs or Towns Corporate be and shall be limited to execute this Act within the City Borough or Town Corporate where they shall be Iustices of Peace and not elsewhere Indictment Provided also that no Information or Presentment § 5. N. 1. shall be had or taken by the said Iustices of Peace so divided by Authority of this Act but for such Offences Defaults or Contempts as be or shall be done within the limits of their Division Justices And be it further Enacted by Authority aforesaid § 6. N. 1. that the said Iustices of Peace so divided or two of them within the limits of their Division shall have full Power and Authority to examin inquire hear and determin by Information and Tryal as is aforesaid all Defaults and Contempts which after the Feast of the Nativity of our Lord next coming shall be done or committed by any Servants commonly called Yeomen or Grooms Husbandmen Labourers and Artificers or any of them against the tenor form and effect of the Statutes and Laws made for excessive Apparel and to correct and punish the Offenders therein being thereof Convict afore them as is aforesaid according to such Pains Forfeitures and Punishments as is limited by the said Laws and Statutes of Apparrel to be levyed paid and certifyed as is aforesaid Wales And it is further Enacted by the Authority aforesaid § 7. N. 1. that as well the Iustices of Assize as the Iustices of Chester and the Kings Iustices of North-Wales and South-Wales in all and singular their Circuits shall have full Authority and Power by the force of this present Act to inquire as well by Information as by Presentment before them of the Defaults Contempts Omissions Negligences Favours Affections Corruptions and other things whatsoever they shall be of all and singular the said Iustices of Peace which shall not diligently truly and duly see put and cause the said good Laws and Statutes Ordinances and Provisions to be put in due Exercise and perfect Execution according to the effects as well of the said Statutes heretofore made as of this present Act and to hear examin and determin the same as is aforesaid Amercement And to assess such Fines upon the said Iustices of Peace § 7. N. 2. and upon every of them being Convict of any Defaults Negligences and Offences as is aforesaid as to their discretion shall be thought expedient for the Quality and Quantity of their Offences Officers And be it Enacted by the Authority aforesaid that all Sheriffs § 8. N. 1. Bayliffs Constables Head-Boroughs and all and singular other Officers and Ministers whatsoever as well within Liberty as without shall be attendant aiding and assisting to all and singular the said Iustices of Peace in and for the due Execution of this Act upon Pain to make such Fines as by the said Iustices of Peace or two of them shall be assessed to the Kings use by their discretions Justices Provided always § 9. N. 1. that this Statute shall not bind any Iustice of Peace or of Quorum to assemble or execute any thing in this Act or in any other Shire City Borough or place then in such Shire City Borough or place where he shall be resident and dwelling at that time when such Assembly shall be made by vertue of this Act Appearance Provided also § 10. N. 1. that such Lords and others which being Iustices of Peace or Quorum be or shall be of the Kings Privy Council attendant upon his Royal Person or any Principal Officer of his Highness House attendant upon his Office and other which shall happen to be appointed in his Highness Service by his Majesties Commandment shall not be compelled to assemble with the Iustices of Peace or Quorum in any Shire City or Borough or otherwise bounden to do or exercise by Authority of this Act than they be bound to do afore the making of this Act any thing or things contained in this Act to the contrary notwithstanding Prerog Provided also that the Iustices of either Bench § 11. N. 1. Barons of the Kings Exchequer the Kings Attorny and Solicitor and all other Iustices Officers and Ministers being bound to attend at the Terms shall not during their such attendance be compelled to hold or keep any Sessions in the limits divided to them upon the Assembly of the Iustices of Peace as is aforesaid Days And to the intent that the said Iustices Barons § 12. N. 1. and all other Officers and Ministers aforesaid may the better be once in the year at every Assembly aforesaid it is therefore Ordained by Authority of this Act that the Quarter Sessions holden after Easter shall be yearly kept upon the Tuesday next after Low-Sunday in every Shire of this Realm Wales and other the Kings Dominions § 13. N. 1. Provided always Franchise that this Act or any thing therein contained shall not in any wise extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge nor to any Town-Corporate or Liberty within either of the said Counties Palatine having Iustices of Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said Counties Palatine or either of them or within any Town-Corporate situate and being within either of the said Counties Palatine § 13. N. 2. But that the same Issues Fines Forfeitures Amercements Amercements and Penalties and every of them may be assessed taxed extracted returned certifyed and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted returned certifyed and levyed at any time before the making of this Act or should be assessed taxed extracted returned certifyed and levyed if this Act had never béen
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
of Parliament have given and granted any Liberty and Authority or otherwise have Authority by other lawful means or ways to ordain make and constitute any of the said Officers of Custos Rotulorum within any County Palatine or other place Peace Cap. 5. shall and may have and enjoy the same Liberty and Authority according as they have had and enjoyed the same any thing in this present Act had or made to the contrary notwithstanding Treason Forasmuch as it is most necessary in a Common-wealth to provide that Tranquility and Peace may be continued in this Realm § 1. N. 2. and that all things being contrary thereto may by foresight be eschewed Therefore it is Ordained and Enacted by the King our Soverain Lord with the assent of the Lords and Commons of this present Parliament assembled and by Authority of the same that if any persons to the number of twelve or above being assembled together at any time after the twelfth day of February next coming shall intend go about practice or put in ure with force of Arms unlawfully and of their own Authority to murder kill slay take or imprison any of the Kings most honourable Privy-Counsel or unlawfully to alter or change any Laws made or established for Religion by Authority of Parliament or any other Laws or Statutes of this Realm or any of them the same number of twelve or above being commanded or required by the Sheriff of the Shire or by any Iustice of Peace of the same Shire or by the Mayor Sheriffs Iustices of Peace or Bailiffs of any City Borough or Town-Corporate where any such Assembly shall be unlawfully had or made by Proclamation in the Kings Name to retire and repair to their own Houses Habitations or Places from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continue together by the space of on whole hour after such Commandment or Request made by Proclamation or after that shall willingly in forcible and riotous manner attempt to do or put in ure any the things above specifyed that then as well every such abode and continuing together as every such Act or Offence that after such Proclamation Commandment or Request had or made shall be attempted to be done practiced or put in ure by any persons being of the number aforesaid shall be judged High-Treason in all and singular those persons that so shall make their abode or continue together or shall attempt or commit any such Act and the Offenders therein their Aiders Abetters and Procurers to be adjudged Traitors to the King and the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. Stat. 2. Cap. 12. § 2. N. 1. And furthermore be it Enacted Coron Ordained and Established by the Authority aforesaid that if any persons to the number of twelve or above after the said twelfth day of February shall intend go about practice or put in ure in manner and form aforesaid to overthrow cut break cast down or dig up the Pales Hedges Ditches or other Closure of any Parks Park or other Grounds or Ground Inclosed or the Banks of any Fish-Pond or Pool or any Conduits for Water Conduit-heads or Conduit-pipes having Course of Water to the intent that the same or any of them from thenceforth should remain open not inclosed or void or unlawfully to have Common or a Way in the said Parks Park or other Grounds or Ground inclosed or in any of them or to destroy the Deer in any manner of Parks or Park or any Warrens or Warren of Connies or any Dove-houses or any Fish in any Pond or Pool or to pull or cut down any Houses Barns Mills or Bays or to burn any Stacks of Corn or Grain or to abate defalk or diminish the Rents or yearly Value of any Manners Lands or Tenements or the Price of any Victual Corn or Grain or any other things usual for the sustenance of Men and being required or commanded by any Iustice of Peace or by the Sheriff of the County or by the Mayor Bailiff or Bailiffs or other Head-Officers of any Head-City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Kings Name to retire or return in peaceable manner to their Habitations Places and Houses from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continue together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall in forcible manner attempt to do or put in ure any of the things last before mentioned that then as well every such abode or continuing together as every such Act that after such Proclamation Commandment or Request had or made shall be done practiced or put in ure by any persons being above the number of twelve shall be adjudged Felony and the Offenders therein to be adjudged Felons and shall suffer Execution as in Case of Felony 1 Mar. 1. St. 2. Cap. 12. § 2. N. 1. § 2. N. 2. And every of the same persons Clergy to lose the Benefit of his Clergy and Sanctuary § 3. N. 1. And also it is Ordained and Enacted by the Authority abovesaid Riot that if any person or persons after the twelfth day of February unlawfully and without Authority by ringing of any Bell or Bells sounding of any Drum Trumpet Hornor other Instrument whatsoever or by firing of any Beacon or by malicious speaking or uttering of any words or making any out-cry or by setting up or casting any Bills Bill or Writing whatsoevever or by any other deed or act shall raise or cause to be raised or assembled any persons to the number of twelve or above to the intent that the same persons should commit and put in ure any of the acts or things above mentioned and that the persons to the number of twelve or above so raised and assembled after Commandment had or given in form aforesaid shall make their abode or continue together as is aforesaid or unlawfully perpetrate do commit or put in ure any of the acts or things abovesaid that then all and singular persons by whose Speaking Deed Act or any other the means above specified any persons to the number of twelve or above shall be raised or assembled for the doing committing or putting in ure any of the acts or things above mentioned shall be adjudged for his so speaking or doing a Felon and shall suffer Execution of Death as in Case of Felony 1 Mar. 1. St. 2. C. 12. §3 N. 1. § 3. N. 2. And shall lose his Benefit and Sanctuary and Clergy Clergy § 4. N. 1. And over that it is Ordained and Enacted by the Authority aforesaid Treason that if any persons to the number of forty and above after the said twelfth day of February shall be assembled
number of evil disposed persons did come and joyn themselves to the said small number whereby the same evil disposed persons took upon them such boldness that they would not be reduced to obedience without much blood shedding to the great danger of the Kings Majesties person where if the Kings loving Subjects durst have taken upon them to have suppressed them at the beginning such inconvenience of blood-shed should not have followed 1 Mar. 1. St 2. Cap. 12. § 7. N. 1. § 8. N. 2. Therefore it is also Ordained and Enacted by the Authority aforesaid Justices that if any persons above the number of two that at any time after the said twelfth day of February shall be unlawfully and of their own authority assembled together to the intent with force of Arms to do practice or put in ure any of the things above mentioned that then it shall be lawful to every Iustice of Peace and to every Sheriff in any County being within the Kings Dominions and to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate for the time he shall be in Office or any other person or persons having the Kings Commission or Letters from his Highness or his Privy Council as well to raise and assemble the Kings loving Subjects in manner of War to be arrayed in such great number as he or they then shall think meet or able to the intent by Violence and Strength to suppress apprehend and take the said persons that so shall be unlawfully assembled 1 Mar. 1. St. 2. Cap. 12. § 7. N. 2. § 8. N. 3. And that if the said persons so unlawfully assembled Process after such Commandment or Request by Proclamation or otherwise made shall continue together and not endeavour themselves to return towards their Habitations Houses or Places from whence they came in such short time as they may conveniently that then it shall be lawful to every Iustice of Peace Sheriff and also to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate and to every other Person having Authority as aforesaid after such Commandment or Request by Proclamation made and to such persons as shall be assembled with any Iustice of Peace or Sheriff or with any Mayor Bailiff or other Head-Officer of any City or Town Corporate and with every other person having Authority as is aforesaid to suppress apprehend and take those persons so unlawfully assembled which after such Request made shall continue together and not endeavour themselves to return towards their Habitations or Places from whence they came 1 Mar. 1. St. 2. Cap. 12. § 7. N. 3. Coron And that if the said persons so unlawfully assembled together or any of them shall fortune to be killed slain maimed or hurt § 8. N. 4. in or about the suppressing or taking of them that then every such Iustice of Peace Sheriff Mayor Bailiff and other Head-Officer and every other person having Authority as is aforesaid and all and singular persons by him or them assembled shall be free discharged and unpunishable as well against the King as against all and every other person and persons of for or concerning the killing slaying maiming and hurting of any person or persons so unlawfully assembled that shall fortune to be killed slain maimed or hurt about or by occasion of suppressing or taking of them 1 Mar. 1. St. 2. Cap. 12. § 7. N. 4. Copy-holder And furthermore be it Enacted by the Authority aforesaid § 9. N. 1. that all and every Copy-holder or Customary-Holder being Artificer Husband-man or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in that behalf they declaring their said Authority or being required by the immediate Lord or Lords of whom such Copy-holds or Customary holds then shall be holden to serve the Kings Majesty for any the causes above rehearsed and refuse so to do shall only during the Life of such person or persons so refusing forfeit and lose to his or their Lord or Lords of whom such Copy or Customary-holds then shall be immediately holden and should be holden during the Life of such person or persons so refusing in Case he or they had not so refused all their Copy-holds and Customary-holds 1 Mar. 1. St. 2. Cap. 12. § 8. N. 1. Seisure And that it shall be lawful to every such Lord or Lords § 9. N. 2. their Heirs or Assigns of whom such Copy-holds or Customary-holds shall be immediately holden and should have béen holden in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Copy-holds and Customary-holds so holden of them or any of them immediately and to retain the same during only the Life of every such Offender or Offenders in such manner and form as he or they should have had the Rents or Services of such Copy-hold or Customary-hold in Case such person or persons so refusing had not refused 1 Mar. 1. St. 2. Cap. 12. § 8. N. 2. â—orfeiture And that all and every Farmer being a Yeoman Husbandman § 9. N. 3. Artificer or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in this behalf they declaring their said Authority or being required by their Land-Lord or Land-Lords for the time being to whom the Rents of such Farms shall be then rising coming or growing to serve the Kings Majesty for any the Causes above rehearsed and refuse so to do shall during only the Life of such Farmer or Farmers so refusing forfeit and lose to such Land-Lord and Land-Lords as should have had the Rents of such Farmers during the Life and Lives of such person or persons so refusing all their said Farms 1 Mar. 1. St. 2. Cap. 12. § 9. N. 1. Entrie And that it shall be lawful to every such Land-Lord and Land-Lords § 9. N. 4. their Heirs and Assigns to whom the Rents of such Farms should have been due during the Life of such person or persons so refusing in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Farms and to retein the same during only the Life of every such Offender or Offenders 1 Mar. 1. St. 2. Cap. 12. § 9. N. 2.
â—â—â—r Provided always and be it Enacted by the Authority aforesaid § 9. N. 5. that after the death of every such Copy-holder Customary-holder or Farmer as so shall offend and forfeit any of their said Copy-holds Customary-holds or Farms as is aforesaid that then all and every such person and persons as should or ought to have had the said Copy-holds Customary-holds or Farms after or by the death of such Copy-holder Customary-holder or Farmer in case such Copy-holder Customary-holder or Farmer had not so offended ne forfeited shall and may have the same Copy-holds Customary-holds and Farms by Entry Action Admission or otherwise in like Manner Form and Condition and by such Ways and Means as they and every of them should might or ought to have had if no such Forfeiture or Offence had been had done or committed 1 Mar. 1. St. 2. Cap. 12. § 10. N. 1. § 10. N. 1. And furthermore it is Ordained and Enacted by the Authority aforesaid that if any person or persons after the said twelfth day of February Coron by open Word or Deed shall procure or stir any other person or persons to arise or make any Traiterous or Rebellious Assembly to the intent to do exercise or put in ure any of the things above mentioned that then every person so procuring moving or stirring any other shall therefore be deemed and adjudged a Felon and suffer pains of Death and forfeit his Goods Cattels Lands and Tenements as in Cases of Felony 1 Mar. 1. St 2. Cap. 12. § 19. N. 1. §. 10. N. 2. And shall also lose the Benefit of his Clergy and Sanctuary Clergy § 11. N. 1. And also be it further Enacted by the Authority aforesaid Imprisonment that if any person or persons which at any time after the same day shall be spoken unto moved or stirred to make any Commotion Insurrection or unlawful Assembly for any of the intents above mentioned and do not within twenty four hours next after he or they shall be so spoken unto moved or stirred unless he shall have a good and reasonable cause of excuse declare the same to one Iustice of Peace or Sheriff of the said County or to the Mayor Sheriffs Bailiff or Bailiffs or other head-Officer of any City or Town-Corporate where such speaking motion or stirring shall be had shall suffer Imprisonment until he shall be discharged by three Iustices of Peace of the same Shire where the Offence shall be whereof one of the said Iustices shall be of the Quorum 1 Mar. 1. Stat. 2. Cap. 12. § 11. N. 1. § 12. N. 1. And it is Ordained and Enacted by the Authority abovesaid Imprisonment that if any person or persons being above the age of eighteen years and under the age of forty years being able to serve and not sick lame or impotent shall be required by any Iustice of the Peace or any Sheriff of any County where any such Assembly shall be or by any Mayor Bailiff or other Head-Officer of any City Borough or Town-Corporate or by any other by the Commandment of any such Iustice of Peace Sheriff Mayor Bailiff or other Head-Officer to go with him or them to suppress the persons unlawfully assembled in manner and form aforesaid that then every person so being able and required do willingly and obstinately refuse so to do shall suffer Imprisonment of his Body for one year without Bail or Mainprize 1 Mar. 1. Stat. 2. Cap. 12. § 12. N. 1. § 12. N. 2. And make Fine and Ransom at the Kings Will and Pleasure Amercements § 13. N. 1. Provided always and be it Enacted by the Authority aforesaid that if the King shall by his Letters Patents make any Lieutenant in any Countiy or Counties of this Realm for the suppressing of any Commotion Rebellion or unlawful Assembly War that then all Iustices of Peace of every such County and the Sheriffs and Sheriff of the same as all Mayors Bailiffs and other Head-Officers and all Inhabitants and Subjects of any County City Borough or Town-Corporate within every such County shall upon the Declaration of the said Letters Patents and Request made be bound to give attendance upon the same Lieutenant to suppress any Commotion Rebellion or unlawful Assembly unless he or they being so required have any reasonable excuse for his not attendance upon pain of Imprisonment of one whole year 1 Mar. 1. St. 2. Cap. 12. § 13. N. 1. § 14. N. 1. And be it further Enacted by the Authority aforesaid Notice that the Order and Form of the Proclamations that shall be made by the Authority of this Act shall be as hereafter followeth or with the like order and words in effect that is to say the Iustice or other person Authorized by this Act to make the said Proclamation shall make or cause to be made in Oyes and after that shall openly pronounce or cause to be pronounced these words or the like in effect 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Peace The King our Soveraign Lord § 14. N. 2. chargeth and commandeth all persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawful Business upon the Pains contained in the Act lately made against unlawful and rebellious Assemblies and God save the King 1 Mar. 1. St. 2. Cap. 12. § 14. N. 1. Forfeiture Provided always and be it Enacted by the Authority aforesaid § 15. N. 1. that if any person or persons do or shall molest let hinder or hurt any person or persons that shall proclaim or go to proclaim according to the Proclamation and Order made in the Statute aforesaid whereby such Proclamation shall not be made that then all and every such person and persons so molesting letting hindring or hurting and all and every such person and persons Offender or Offenders to whom any such Proclamation or Proclamations should or ought to be made to the intent aforesaid shall incur and be in like Danger and suffer like Pain or Pains and Forfeitures as aforesaid in every of their Degrees as though the Proclamation had been made any Clause Article or Sentence heretofore in this Act included made to the contrary notwithstanding 1 Mar. 1. St. 2. Cap. 12. § 15. N. 1. Days And be it Enacted by the Authority aforesaid § 15. N. 2. that this Act shall be openly read at every Quarter Sessions 1 Mar. 1. St. 2. Cap. 12. § 16. N. 1. Franchise Saving to the Bishop of Durham and Bishop of Ely § 15. N. 3. and all other that have Charter of the County Palatine and to their Successors the year day and waste in such sort as by the said Charter they had or ought to have had the same if this Act had never been had ne made this Act or any thing therein contained to the contrary notwithstanding 1 Mar. 1. St.
ure and do any of the things aforesaid having any manner of ways knowledge of the let so made or by any means procuring the same let incur and be in danger and suffer like Pain or Pains and Forfeitures aforesaid in every their degrees as though the Proclamation had been made any Clause Article or Sentence heretofore in this Act encluded made to the contrary notwithstanding § 17. N. 1. Provided always and be it Enacted by the Authority aforesaid Heir that all and every the Heir and Heirs of all and every the Offender and Offenders in any the Cases aforesaid and all and every person and persons Bodies Politick and Corporate their Heirs Successors and Executors and every of them other than such person and persons only as shall be attainted convicted or outlawed of any the aforesaid Offences of Felony shall have hold and enjoy all such Right Title Entry Interest Leases Possession Rents Conditions Profits Commodities and Advantages as they or any of them have or hereafter shall have or of right ought to have in or to any Honors Castles Mannors Lands Tenements Woods Rents Reversions Services or Hereditaments whatsoever in or to any part or parcel thereof in as large and ample manner and form to all Intents Constructions and Purposes as if such Attainder had been had ne made any thing in this Act to the contrary in any wise notwithstanding § 21. N. 1. And be it further Enacted by the said Authority War that no Lieutenant or Lieutenants that shall be appointed or made by Authority or Colour of this Act or for to execute this Act shall in any wise make put or constitute under him or them or in his or their place any Deputy or Deputies nor shall call convent or appoint to appear before him or them by the only Authority of Lieutenancy or of Commission of Lieutenancy any person or persons for any Cause or Matter whatsoever save only for the Causes and Matters expressed in this present Act and for none other § 22. N. 1. And that no person or persons shall be put to any Loss Forfeiture Accessary Pain or Punishment of Life Lands or Goods as Accessary to any person or persons that shall commit any of the Offences contained in this present Act for receiving comforting or aiding of any such Offender after such Act committed or done § 22. N. 2. And that no Attainder or Conviction of any person or persons Heir for any Offence or Offences herein contained shall be any manner of Corruption of Blood between the Offender and any of his Ancesters or such person and persons as should have been Heir to such Offender if no such Attainder or Conviction had been had § 22. N. 3. Saving to all and every Person and Persons Franchise Body and Bodies Politick and Corporate and their Successors their Liberties and Franchises in such manner and form as if this Act had never been had ne made § 23. N. 1. And be it further Enacted by the said Authority that one Act viz. 3 4 Ed. 6. 5. c. and all and every Branch Clause Sentence and Article therein contained shall be from the twentieth day of December next coming utterly void and of no force to all Intents Constructions and Purposes § 23. N. 2. And this Act only to be put in Execution for and concerning the Offences mentioned in the said former Act viz. 3 4 Ed. 6. 5. § 23. N. 3. This Act to continue unto the end of the next Parliament 1 Mar. 1. Days St. 2. Cap. 12. 1 Eliz. 16. Statuta Ph. Mar. Riot BE it therefore Enacted c. viz. because good and beneficial that all 1 Mar. 1. St. 3. C. 12. § 12. N. 2. c. the said several Acts c. viz. 1 Mar 1. St. 2. Cap. 12. c. and all Clauses c. shall be revived c. until the last day of the next Parliament 1 2 Phil. Mar. Cap. 16. § 1. N. 15 Slander And be it also Enacted c. that all Iustices of Over and Terminer 1 2 Ph. Mar. Cap. 3. § 7. N. 1. c. Iustices of Assize c. Iustices of Goal-delivery and Iustices of Peace as well within the Liberties as without within the limits of their several Commissions in their several Sessions or other Sessions which they or two of them whereof one of them to be of the Quorum may and shall appoint at their pleasure where and when need shall require and shall by vertue hereof have full Power c. to inquire hear and determin all and every the Offences c. viz. of false News aforesaid as in Cases of Tryal of Felony Corn. And for the better Execution of this Act C. 5. § 6. N. 1. viz. against Transporting Wheat Barly Rye or other Corn Mault Beer Butter Cheese Herring Victual or Wood c. be it further Enacted c. that all and singular Iustices of the Peace as well within the Liberties as without within their several Authorities and Commissions at any time within three years next after such Offences committed shall have full Power and Authority to inquire as well by the Oaths of twelve lawful men as also to hear and examin the Master Masters and Mariners of the said Ships Crayers and other Vessells and all and every other person and persons of all and singular the Offenders against this present Act and to hear and determin the same Offences as they may and ought to hear and determin any other Trespasses or Offences Bail Where in the Parliament c. viz. 3 H. 7. Cap. 3. § 1 N 3. Cap. 13. it was amongst other things Ordained and Enacted that no Prisoner arrested for Felony should be letten to Bail or Mainprize by any one Iustice of Peace but by the whole Iustices or at least by two of them whereof one to be of the Quorum Justices Since the making of which Statute viz. 3 H. 7. Cap. 3. § 1. N. 3. § 1. N. 2. one Iustice of Peace in the name of himself and one other of the Iustices his Companion not making the said Iustice party nor privy unto the Case wherefore the Prisoner should be Bailed hath often times by sinister labor and means set at large the greatest and notablest Offenders such as be not replevisiable by the Laws of this Realm Certificate And yet the rather to hide their Affections in that behalf § 1. N. 3. have signified the Cause of their Apprehension to be but only for Suspition of Felony whereby the said Offenders have escaped unpunished and do daily to the high displeasure of Almighty God the great peril of the King and Queens true Subjects and encouragement of all Theives and Evil-Doers Joynder For Reformation whereof § 2. N. 1. be it Ordained and Enacted by the King and Queens Majesties the Lords Spiritual
Essoyn Protection Wager of Law or Licence to the contrary shall be allowed Cattle And be it Enacted C. 7. § 7. N. 1. c. that the Iustices of Peace of 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 Gueldings Mares and Colts in Fairs and Markets Overt as they may do any other matter tryable before them Ways And in default of such Inquiry or Presentment C. 8. § 2. N. 10. viz. in Leet of not amending High-ways c. the Iustices of Peace for every Place or County shall have Authority to inquire of the same the Offences which shall be committed within the limits of their Commission at every their Quarter Sessions and to assess such Fines therefore as they or two of them whereof one to be of the Quorum shall think meet Account And the said Church-wardens shall have Authority to call the said Bailiff and Head-Constable to Account before the Iustices of Peace or two of them wherof one to be of the Quorum by Bill § 4. N. 2. Information or otherwise Bail And forasmuch as the said Act viz. 1 2 Ph. Mar. Cap. 13. § 4. N. 1. doth not extend to such Prisoners as shall be brought before any Iustice of Peace for Manslaughter or Felony C. 10. § 2. N. 1 and by such Iustice shall be committed to Ward for the Suspition of such Manslaughter or Felony and not Bailed in which Case Examination of such Prisoner and of such as bring him is as necessary or rather more than where such Prisoner shall be let to Bail or Mainprize Proof Be it therefore Enacted § 2. N. 2. c that from henceforth such Iustice or Iustices before whom any person shall be brought for Manslaughter or Felony or for Suspition thereof before he or they shall commit or send such Prisoner to Ward shall take the Examination of such Prisoner and Information of those that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to prove the Felony shall put in Writing within two days after the said Examination Certificate And the same shall certify in such manner and form § 2. N. 3. and at such time as they should and ought to do if such Prisoner so committed or sent to Ward had been Bailed or let to Mainprize upon such Pain as in the said former Act viz. 1 2 Ph. Mar. Cap. 13. § 5. N. 5. is limited and appoin◠for not taking or not certifying such Examinations as in the said former Act is expressed Recognizance And be it further Enacted § 2. N. 4. that the said Iustices shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to prove the said Manslaughter or Felony against such Prisoner as shall be so committed to Ward to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal of the said Manslaughter or Felony shall be then and there to give Evidence against the Party § 2. N. 5. And that the said Iustices shall certify the said Bonds taken before them Certificate in like manner as they should and ought to certify the Bonds mentioned in the said former Act viz. 1 2 Ph. Mar. Cap. 13. § 5. N. 3. upon Pain as in the said former Act is mentioned for not certifying such Bonds as by the said former Act is limited and appointed to be certified Cap. 18. Where the King and Queens most Excellent Highness Coporation and their Noble Progenitors Kings of this Realm have heretofore granted their several Commissions directed as well unto the Mayors Recorders and other Grave Men and Inhabitants of certain Antient and Famous Cities and Towns-Corporate within this Realm of England not being Counties in themselves as also unto divers other worshipful and learned men dwelling out of the same Cities and Towns-Corporate as well for the keeping of their Peace good ordering of their People and executing of their Laws and Statutes within the same Cities and Towns-Corporate as also for the Delivery of their Majesties Prisoners remaining in the Goals there and after the granting of such Commissions their Majesties have granted divers other like Commissions unto certain worshipful and learned men of the Shires Laths Rapes Ridings and Wapentakes of this Realm of England for the Confirmation of their Peace and also delivering of their Prisoners remaining in their Goals within the same Shires Laths Rapes Ridings and Wapentakes § 1. N. 2. Which Commissions so bearing a later date Supersedeas have been a Supersedeas and clear Discharge unto all and singular the said former Commissions granted unto the said Cities and Towns-Corporate not being Counties in themselves § 1. N. 3. So that the said Mayor Commission and other grave and chiefest Officers of every such City and Town-Corporate have been charged to sue for the renewing again of such Commissions both for the Peace and Goal-delivery to the great Expences Cost and Charges of the said Mayor and other the Inhabitants of such Cities and Towns-Corporate and to the great protracting and delay of Iustice therein in the mean time for Reformation whereof and for the better Advancement of Iustice in the Premisses § 2. N. 1. Be it therefore Enacted Franchise c. that all and singular Commission and Commissions granted or to be granted to any such City or Town-Corporate not being as is aforesaid a County in it self for the keeping of their Peace and delivery of the Prisoners remaining in the Goals of any such City or Town-Corporate not being a County in it self shall stand remain and be Good and Available and Efectual in the Law to all Intents Constructions and Purposes the granting of any like Commission of the Peace or Goal-delivery to any Commissioner or Commissioners for the Conservation of the Peace or Delivery of the Prisoners remaining in the Goal of any Shire Lath Rape Riding or Wapentake within this Realm of England bearing date after the said Commission or Commissions granted as is aforesaid to any such City or Town-Corporate not being as is aforesaid a County in it self to the contrary notwithstanding C. 21. § 10. N. 2. Be it therefore Enacted Riot c. viz. because good and beneficial that all the said several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12 c. and all Clauses c. shall be revived c. untill the last day of the next Parliament 4 5 Ph. Mar. Cap. 9. § 14. N. 2. 4 5 Ph. Mar. Cap. 2. § 8. N. 2. And be it further Enacted War c. that the Iustices of Peace
in about the Execution of this Statute it is further Ordained c. that every Iustice of Peace c. for every day that he shall sit in and about the Execution of this Estatute shall have allowed unto him five shillings to be allowed and paid unto him c. of the Fines and Forfeitures of the Pains and Penalties that should be forfeited and due c. by force of this Estatute in such manner c. as the said Iustices have been heretofore commonly paid for their coming and charges at the Quarter Sessions so that the sitting of the said Iustices c. be not at any one time above three days and for the matters contained in this Estatute § 39. N. 2. And that the said Iustices or two of them Justices whereof one to be of the Quorum shall have full Power and Authority to hear and determine all and every Offence and Offences that shall be committed or done against this Statute or against any Branch thereof as well upon Indictment to be taken before them in the Sessions of the Peace as upon Information of Debt or Bill of Complaint to be sued or exhibited by any person § 39. N. 2. And shall and may by vertue hereof Process make Process against the Defendant and award Execution as in other Case they lawfully may by any the Laws and Statutes of this Realm § 39. N. 3. And shall yearly at Michaelmas Term certify by Estreat Certificate the Fines and Forfeitures of every the Offences contained in this Estatute that shall be found before them into the Court of Exchequer in like sort and form as they be bound to certify the Estreats for other Offences and Forfeitures to be lost before them c. § 47. N. 1. And be it further Enacted c. that if any Servant or Apprentice c Apprentice unlawfully depart or flee into any other Shire that it shall be lawful to the said Iustices of Peace c. for the time being Iustices of the Peace there to make and grant Writs of Capias so many and such as shall be needful to be directed to the Sheriffs of the Counties or to other Head-Officers of the Places whether such Servants or Apprentices shall so depart or flee to take their Bodies returnable before them at what time shall please them so that if they come by such Process that they be put in Prison till they shall find sufficient Surety well and honestly to serve their Masters Mistresses or Dames from whom they so departed or fled according to the Order of the Law C. 5. § 30. N. 3. And for all and singular such other of the Offences before mentioned viz. of Transporting or Buying Fish on the Sea purveyance Fish c. as shall be done in the Land or within any Haven or Peer all Iustices of Peace in their Sessions and Mayors Sheriffs and Bailiffs and other Head-Officers in Cities and Towns-Corporate in their Sessions or other Courts within the limits of their Commissions or Authorities shall have full Power and Authority to inquire of the Offenders of this Act viz. of Increase of the Navy as well by the Oaths of twelve men as otherwise by Information and thereupon to hear and determine the same § 31. N. 1. And if any person shall be presented Process c. within the limits of their Authorities or any Information given to them of any Offender of this Act that then they shall have full Power and Authority upon any such Presentment or Information to make Process against the Offenders of this Act like as is commonly used upon Indictment of Trespass § 33. N. 1. And all such Forfeitures as according to the Tenor of this Act shall be determinable before the Iustices of the Peace Forfeiture shall be to the use of the Queens Majesty her Heirs and Successors § 43. N. 1. Provided always and be it further Enacted Admiral that no Fisher-man using or haunting the Sea shall be taken by the Queens Majesties Commission to serve her Highness as a Mariner upon the Sea but that the said Commission be first brought by her Highnesses Taker or Takers to two Iustices of Peace next inhabiting to the said Sea-Coasts Towns or other Places where the said Mariners are so to be taken to the intent the siad Iustices may chuse out and cause to be returned such sufficient number of able men as in the said Commission shall be contained to serve her Majesty as is aforesaid C. 9. § 9. N. 1. And be it also Enacted Oath c. that as well the Iudge and Iudges of every of the said Courts where any such Suit viz. for Perjury or Subornation c. is or shall be and whereupon any such Perjury is or shall happen to be committed as also the Iustices of Assizes and Goal-delivery in their several Circuits and the Iustices of the Peace in every County within this Realm or in Wales at their Quarter Sessions both within the Liberties and without shall have full Power and Authority by vertue hereof to inquire of all and every the Defaults and Offences perpetrated commited or done contrary to this Act by Inquisition Presentment Bill or Information before them exhibited or otherwise lawfully to hear and determine the same and thereupon to give Iudgment award Process and Execution of the same according to the Course of the Laws of this Realm Licence In Consideration whereof C. 12. § 4 N. 1. viz. of the Decay of Husbandry and high Prices by too great number c. be it Enacted c. that no Drover of Cattle Badger Lader Kidder Carrier Buyer or Transporter of Corn or Grain Butter and Cheese be c. licenced admitted assigned or allowed to those Offices or Doings or to any of them but only in the general and open quarter Sessions of the Peace to be holden in the Shire where such person c. shall dwell and hath or shall have dwelled there by the space of three years next before the Test of his said Licence 5 6 Ed. 6. Cap. 14. § N. Justices Which said Licences and every of them § 5. N. 1. shall bear date of the Day and Place where the said Sessions shall be holden and shall be signed and sealed with the proper Hands and Seals of three of the said Iustices of the Peace being present at the saâ—â—e Sessions at the least whereof one to be of the Quorum Process Be it also Enacted § 8. N. 1. c. that the Iustices of Peace in every County within this Realm or Wales at the quarter Sessions shall have full Power and Authority by vertue of this Act to inquire hear and determine all and every the Defaults and Offences perpetrated committed or done contrary to this Act within the County where any such Sessions shall be kept by Inquisition Presentment Bill or Information before them exhibited and
every Shire County and Town-Corporate within this Realm in their Sessions within their several limits of their Commission and Stewards of Leets Liberties and Law-days within their several Iurisdictions shall and may by vertue hereof hear inquire and determine of all and every Offence or Offences viz. of taking Fesant or Partridge in the Night with Nets or before Corn Shockt c. which shall be committed within the precinct of their Liberties Iurisdictions or Franchises against the Tenor of this Act. Leet And further § 5. N. 2. that every Iustice of the Peace within every County of this Realm shall within the limits of his Commission have Power and Authority by vertue hereof to examine all Offenders in the Premises viz. taking Fesant or Partridge in the Night with Nets or before Corn Shockt within the County where he is or shall be Iustice if so be that the said Offence or Offences shall not before be heard or determined by the Iustices of Assize in their Circuits or by the Stewards of Leets Liberties or Law-days within their said several Iurisdictions § 5. N. 3. And also take Bond with good Sureties for his and their Appearance that shall so offend Recogniz to appear at the next general Sessions of the Peace to be holden in the same County where the same Offence shall be committed to answer the said Offence and to pay the Penalties or receive the Punishment by this Act appointed or limited 27 Eliz. C. 2. § 13. N. 2. And that if such Iustice of Peace Pope c. to whom such matter shall be discovered viz that Jesuit-Priest c. remain in this Realm do not within eight and twenty days then next following give Information thereof to some of the Queens Privy-Council or to the Presedent of the Queens Council established in the North or in the Marches of Wales for the time being that then he or they so offending shall for every such Offence forfeit the sum of two hundred Marks C. 7. § 3. N. 1. And be it further Enacted c. that Iustices of Oyer and Terminer Inquest c. Iustices of Assize c. and Iustices of Peace as well within Liberties as without within the limits of their Commission shall by vertue of this present Act have full Power and Authority to inquire hear and determine all and evrey the Offences aforesaid viz. Abuses in collecting Issues lost by Jurors of the same Name not summoned committed c. within the several limits circuit and precinct of their several Commission c. and to award forth Process of Execution for the levying of the Forfeitures C. 12. § 6. N. 1. And be it further Enacted Sheriffs c. that the Iustices of Assize and Iustices of Peace in their open Sessions shall have full Power within the limits of their Authority to hear and determin the Defaults done contrary to this Act viz. of Under-Sheriffs Bailiffs Clerks c. not taking their Oaths c. as well by Presentment and Information as Indictment C. 13. § 2. N. 7. And that the same Moity viz. against Hundreds that do not make Fresh-Suit after Robbery shall and may be recovered by Action of Debt Bill Fresh suit Plaint or Information in any of the Queens Majesties Courts of Record at Westminster by and in the Name of the Clerk of the Peace for the time being of or in every such County within this Realm where any such Robbery and Recovery by Party or Parties robbed shall be without naming the Christian-name or Sirname of the said Clerk of the Peace §. 5. N. 1. For Remedy Execution c. viz. of Contribution for Party on whom Execution is done c. be it Enacted c. that after Execution of Dammages by the party or parties so Robbed had it shall and may be lawful upon complaint made by the party or parties so charged to and for two Iustices of the Peace whereof one to be of the Quorum of the same County inhabiting within the said Hundred or near unto the same where any such Execution shall be had to assess and tax rateably and proportionably according to their discretions all and every the Towns Parishes Villages and Hamlets as well of the said Hundred where any such Robbery shall be committed as of the Liberties within the said Hundred to and towards an equal Contribution to be had and made for the Relief of the Inhabitant or Inhabitants against whom the Party or Parties robbed before that time had his or their Execution C. 24. § 2. N. 1. For Remedy c. be it Enacted Sewers that c. the Iustices of Peace within the County of Norfolk shall and may yearly at any general Sessions to be holden within the said County for and towards the making and amening of the said Sea-banks or Sea-works now being or that hereafter shall be in ruin or decay limit and appoint so many of the aforesaid Day-works viz. by 2 3 Ph. Mar. Cap. 8. 5 Eliz. Cap. 13. § N. 18 Eliz. Cap. 10. § N. Appointed for the Amendment of High-ways as by their discretions shall be thought superfluous and not needful to be imployed towards the Amendment of the aforesaid High-ways within three Miles of the said Sea-banks or Sea-works which shall needfully require any such reparation or amendment Information And that all Suits 31 Eliz. C. 5. § 7. N. 2. c to be persued upon any Statute for using any unlawful Game or for not using any lawful Game Games Or for not having Bows and Arrows according to the Law § 7. N. 3. Apprentice Or for using any Art or Mistery in which the Party hath not been brought up according to the Statute viz. 5 Eliz. Cap. 4. § 31. N. 1. § 7. N. 4. in that behalf made Justices Shall be sued and prosceuted in the general quarter Sessions of the Peace or Assizes of the same County where the Offence shall be committed or otherwise inquired of heard and determined in the Assizes § 7. N. 5. or general Quarter Sessions of the Peace of the same County where such Offence shall be committed or in the Leet within which it shall happen and not in any wise out of the same County where such Offence shall happen or be committed Poor And be it further Enacted c. that all Iustices of Assizes C. 7. § 4. N. 1. Iustices of Peace in their open Sessions and every Lord within the Precinct of his Leet and no others shall have full Power and Authority within their several Limits and Iurisdictions to inquire of hear and determine all Offences contrary to this present Act viz. of Cottages as well by Indictments as otherwise by Presentment or Information Execution And to award Execution for the levying of the several Forfeitures § 4. N. 2. c. by Fieri facias Elegit Capias or
or Tything-man of the same County Hundred Parish or Tything where such person shall be taken c. be stripped naked from the Middle upwards and shall be openly whipped until his or their Body be bloody § 4. N. 1. Provided always and be it Enacted Imprisonment if any of the said Rogues shall appear to be dangerous to the Inferior sort of People where they shall be taken or otherwise be such as will not be reformed of their Roguish kind of Life by the former Provisions of this Act that in every such Case it shall and may be lawful to the said Iustices of the limit where any such Rogue shall be taken or any two of them whereof one to be of the Quorum to commit that Rogue to the House of Correction or otherwise to the Goal of the County there to remain until the next Quarter Sessions to be holden in that County § 8. N. 1. Provided always Franchise that the Iustices of Peace within any County of this Realm or Wales shall not intromit or enter into any City Borough or Town-Corporate where be any Iustice or Iustices of the Peace for any such City Borough or Town-Corporate for the Execution of any Branch c. of this Act for or concerning any Offence Matter or Cause growing or rising within the Precincts Liberties or Iurisdiction of such City Borough or Town-Corporate 39 Eliz. Cap. 3. § 6. N. 1. 43 Eliz. Cap. 2. § 9. N. 1. § 12. N. 1. And be it also further Enacted Justices c. that any two or more Iustices of the Peace within all the said several Shires Cities Boroughs or Towns-Corporate whereof one to be of the Quorum shall have full Power by the Authority of this present Act to hear and determine all Causes that shall come in question by reason of this Act. C. 11. § 2. N. 2. And if upon the same Examination they viz. any Justice of Peace shall find any person Drapery c. to have used or caused to be used in the dying or colouring of any Cloth Wool Yarn Grograin Buffins or Silk or any thing made of Woolen-Yarn or Silk any Logwood alias Block-wood or now or heretofore reputed and taken for Log-wood alias Block-wood then the said Iustices or Iustice Mayor Bailiffs or other Head-Officer being a Iustice of Peace shall not only bind with Surety all such c. whom they shall find so suspected to have offended and such others as may discover the same Offence to the next Quarter Sessions or Goal-delivery which shall happen to be holden for that County City or Town-Corporate but also to certify all such Examinations and Depositions as tend to the finding out or discovery of the said Offences at the Goal-delivery or Quarter Sessions C. 12. § 1. N. 9. viz. that 5 Eliz. Cap. 4. § 15 hath not been duely executed Apprentice c. by reason of Ambiguity and Question have risen and been made whether the raising of all manner of Artificers Work-men and Workwomen his or their Wages other than such as by some Statute and Law have been rated or else such as did work about Husbandry forasmuch as the said Law hath been found beneficial for the Common-wealth 1. Jac. Cap. 6. § 2. N. 2. § 2. N. 1. Be it Enacted that the said Statute viz. 5 Eliz. Cap. 4. § 15. N. 3. 4. Fees and the Authority by the same Statute given to any person or persons for assessing and rating of Wages and the Authority to them in the said Act committed shall be expounded and construed and shall by force of this Act give Authority to all persons having any such Authority to rate wages of any Laborers Weavers Spinsters and Work-men or Work-women whatsoever either working by the Day Week Month Year or taking any Work at any person or persons hand whatsoever to be done 1 Jac. Cap. 6. § 3. N. 1. And whereas in divers Shires within this Realm § 2. N. 2. the Iustices of Peace have not usually kept their general Sessions in one Place of the Shire together but the general Sessions have been kept in several Places for several Divisions by reason whereof the most part of the Iustices of the Peace coming not together nor rating of wages could well be made in the said Shire where such general Sessions have been used 1 Jac. Cap. 6. § 4. N. 1. Justices Be it Enacted c. that the most Iustices of Peace § 2. N. 3. or the more part of them resiant in such Division in any Shire within this Realm where such Sessions have been usually severally kept shall at the same Sessions or at such time of rating of wages as is limited by the said Act c. viz. 5 Eliz. Cap. 4. § 15. N. 6. have as full Authority and Power to rate all manner of wages to be rated within the limits of such Division in any such Shire as if the same were done in the general Sessions for the said County or by the most part of the Iustices meeting for the rating of wages by the said Act 1 Jac. Cap. 6. § 5. N. 1. Certificate And be it further Enacted that no person § 3. N. 1. c. shall incur any Danger or Penalty for not making Certificate into the c. Chancery of any rates of wages appointed to be Certified by the said Act viz. 5 Eliz. Cap. 4. § 15. N. 6. 1 Jac. Cap. 6. § 8. N. 1. Fees But the said Rates ingrossed in Parchment and sealed c. shall § 3. N. 2. if the same be in any Shire be kept by the Custos Rotulorum of the said County amongst the Records in his Custody for the said Shire and in any City or Town-Corporate amongst the Records of the said City or Town Corporate 1 Jac. Cap. 6. § 8. N. 2. Corn. Whereas greater quantity of Mault is daily made than either in time past was or is now needful Be it Enacted c. that from time to time Cap. 16. and at all times hereafter it shall and may be lawful for the Iustices of Peace within this Realm in their open Quarter Sessions to suppress discharge or restrain the superfluous and unnecessary number of Malsters in part or in whole and also to restrain such c. as to their Discretions shall seem meet from the buying of Barly to convert into Mault in part or in all for such time c. as to their discretions shall seem meet Poor And be it further Enacted C. 17. § 4. N. 1. that it shall be lawful for the Iustices of Assizes Iustices of Goal-delivery and the Iustices of Peace of every County and all Iustices of Peace in Towns-Corporate having Authority to hear and determine Felonies to hear and determine all such Offences viz. of wandring idle Souldiers and Mariners hereby made Felony without Clergy in their General Sessions Mettle The same viz. three
authorized to minister the said Oath to any c. that can or will justifie the same being within the limits of their said Commission Imprisonment And for want of sufficient Distress viz for the Penalties § 3. N. 3. c. the Party c. offending to be by the Mayor Bailiff or other Head-Officer or Iustice c. committed to the Common-Goal there to remain until the said Penalty c. be truly paid Franchise Provided always and be it Enacted § 6. N. 1. c. that the Correction and Punishment of such as shall offend against this Act or any part thereof within either of the two Vniversities of this Realm or the Precincts or Liberties of the same shall be done upon the Offenders and Iustice shall be administred in this behalf according to the intent and true meaning of this Law by the Governors Magistrates Iustices of the Peace or other Principal Officers of either of the same Vniversities to whom in other Cases the Admission of Iustice and Correction and Punishment of Offenders by the Laws of this Realm and their several Charters doth belong or appertein Leather And for the better Execution of this Act viz. of Tanners Curryers C. 22. § 5. N. 1. Cord wayners Shoe-makers Sadlers Coachmakers c. be it further Enacted that all Iustices of Assize Iustices of Goal-delivery Iustices of Peace and Stewards of Franchises Leets and Law-days within their several Iurisdictions and Liberties Precincts Offices and Authorities shall inquire of all the Premises in their Sessions Leet or Law-day and hear or determine the same and also by their discretions examine all persons suspected to offend this Act or any parcel thereof 5 Eliz. Cap. 8. § 40. N. 1. Fowl And the same Offence c. viz. destroying Phesant Partridge C. 27. § 2. N. 1. c. with Guns or Bows or Nets or Setting Dogs c being prooved by the Confession of the Party or by the Testimony of two sufficient Witnesses upon Oath before two or more Iustices of the Peace of the same County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of Peace for every such Offence committed c. for three Months c. unless the said Offender do or shall forthwith upon the said Conviction pay c. to the use of the Poor of the same Parish the sum of 20 s. for every Phesant Partridge House-dove Pidgeon Hern Mallard Duck Teale Widgeon Goose Heath Rook More-game or any such Fowle and for every Egg of Phesant Partridge or Swans and for every Hare which any and every such person c. shall take kill or wilfully destroy contrary to the true purport c. of this Statute § 5. N. 2. And that all Iustices of Assize in their several Circuits Justices and all Iustices of Peace in their general Quarter Sessions and any two Iustices of Peace or more together out of any Sessions shall and may by force of this present Act have full Power and Authority to examine hear punish and determine all Offences to be committed against this present Statute and to administer Oath as aforesaid and perform and execute all and every Act and Thing fit or requisite for the due Execution of this present Act. § 7. N. 1. And be it also further Enacted c. that it shall and may be lawful Licence to and for every person c. keeping any Hawk c. which at the general Quarter Sessions of the County where he and they shall dwell and shall be licenced to shoot Hail-shot in Hand-guns or Birding pieces at Crow Chough Pye Rook Ringdove Iay or smaller Birds for Hawks meat only to shoot and kill Hawks meat according to the said Licence only C. 29. § 3. N. 1. And be it further Enacted that all Iustices of the Peace Mayors Fish Bailiffs Head-Officers and Constables as well of Cities and Towns-Corporate as in every Counity of this Realm shall have Power and Authority by force of this Act yearly in the time of Lent to enter into all houses of Victuallers and common victualling houses within their Iurisdictions where such Offences viz. dressing Flesh contrary to 5 Eliz. Cap. 5 § 4. N. 1. shall be committed C. 31. § 2. N. 1. Be it therefore Enacted c. that the Mayors Bailiffs Poor Head-Officers and Iustices of Peace of every City Borough Town-Corporate and Places priviledged where any c. are or shall be or any two of them shall have Power and Authority from time to time to tax and assess all and every Inhabitant and all houses of Habitation Lands and Tenements within the said City c. or the Liberties or Precinets thereof at such reasonable Taxes and Payments as they shall think fit for the reasonable relief of such persons infected or inhabiting in houses and places infected in the same Cities Boroughs Towns-Corporate and Places previledged 3 Jac. 4. §. 3. N. 5 And viz the Forfeiture for Recusants not receiving the Sacrament Religion c. to be recovered in any of the Kings Courts of Record at Westminster or before Iustices of Assize or Goal-delivery or before Iustices of Peace at their general Quarter Sessions by Action of Debt Bill Plaint or Information wherein no Essoyn Protection or Wager of Law shall be allowed § 4. N. 1. And be it further Enacted Indictment c. that the Church-wardens and Constables of every Town Parish or Chappel for the time being or some one of them or if there be none such then the Chief Constables of the Hundred where such Town Parish or Chappel is or shall be or one of them as well in Places Exempt as not Exempt shall once in every year present the Monthly absence from Church of all and all manner of Popish Recusants within such Towns and Parishes § 4. N. 2. And shall present the Names of every of the Children of the said Recusants being of the Age of nine years and upwards Infant abiding with their said Parents and as near as they can the Age of every of the said Children as all the names of the Servants of such Recusants at the general or Quarter Sessions of that Shire Limit Division or Liberty § 5. N. 1. And be it further Enacted Peace c. that all such Presentments shall be accepted entred and recorded in the said Sessions by the Clerk of the Peace or Town-Clerk for the time being or his Deputy without any Fee to be had asked or taken for the same § 7. N. 1. And be it further Enacted Pope c. that the Iustices of Assize and Goal-delivery at their Assizes and the said Iustices of Peace at any of their said Sessions shall have Power and Authority by vertue of this Act to inquire hear and determine of all Recusants and Offences as well for not receiving the Sacrament
shall be troublesome unto the Country by going abroad or otherwise shall escape away from the said house of Correction before they shall be from thence lawfully delivered that then the said Iustices shall set down such Fines and Penalties upon the said Master and Governors as the most part of them in their Quarter Sessions shall think fit and convenient C. 6. § 6. N. 1. All and every Temporal Iudge Iustices of Peace Oath and every other person c. that doth or shall receive any Fee of your Highness your Heirs and Successors viz. shall take the Oath of Allegiance before the Lord Chancellor c. Lord Treasurer Lord Admiral Lord Warden of the five Ports for the time being or one of them or before one of the Chief Iustices c. or before the Iustices of Assize of the same County where the Parties reside or other such persons as the Lord Chancellor c. shall thereunto Authorize § 26. N. 2. And viz. it shall be lawful to and for any two Iustices of Peace within any County City or Town-Corporate whereof one to be of the Quorum Justices to require any person or persons of the Age of eighteen years or above under the degree of a Baron or Baroness to take the said Oath § 26. N. 4. And if any person or persons whatsoever of and above the said Age Pope and under the said Degree c. shall stand and be presented indicted or convicted for not coming to Church or receiving the Holy Communion c. according to the Laws and Statutes of this Realm before the Ordinary or any other having lawful Power to take such Presentment or Indictment or if the Minister Pety-Constable and Church-Wardens or any two of them shall at any time hereafter complain to any Iustice of Peace near adjoyning to the Place where any person complained of shall dwell and the said Iustice shall find cause of Suspition that then any one Iustice of Peace within whose Commission or Power such person shall at any time hereafter be or to whom Complaint shall be made as aforesaid shall upon notice thereof require such person or persons to take the said Oath Imprisonment And that if any person or persons being of the Age of eighteen years or above § 26. N. 5. shall refuse to take the said Oath duly tendered to him or her according to the true intent and meaning of this Statute that then the persons authorized by this Law to give the said Oath shall and may commit the said Offender to the Common Goal there to remain without Bail or Mainprize until the next Assizes or general Quarter Sessions to be holden for the said Shire Division Limit or Liberty where the said Oath shall be again in the said open Sessions required of such person by the said Iustices of Assize or Iustices of the Peace then and there present or the greater number of them Oath And if the said person § 26. N. 6. c. shall refuse to take the Oath being tendered to him or her by the said Iustices of Assize and Goal-delivery in their own Assizes or Goal-delivery or the Iustices of Peace or the greater part of them in their general or Quarter Sessions every person so refusing shall incur the Danger and Penalty of Premunire mentioned in a Statute c. viz. 16 Rich. 2. Cap. 5. § 2. N. 6. except Women Covert who shall be committed only to Prison there to remain without Bail or Mainprize till they will take the said Oath Drapery For the preventing and reformation c. viz. of Deceits C. 7. § 2. N. 1. c. be it Enacted c. that all c. who shall unjustly falsely or deceitfully convey away imbezil purloyn sell or detain any part of the Wool or Yarn delivered by any Clothier Maker of Bays Says or by any other person c. making such Cloths or Stuffs to any such Sorter Carder Kember Spinster or Weaver of Wool or Yarn that in every such Case and Cases as well the Sorter Carder Kember Spinster and Weaver so offending as the Buyer c. Receiver c. of the same knowing the same being thereof lawfully convicted by Confession of the Party c. so offending or by one sufficient Witness upon Oath before two or more of the Kings Majesties Iustices of the Peace of the same County or Liberty where the same Offence c. shall be committed or if it be within a Town-Corporate before the Mayor Bayliff or Chief-Officer and one more of the Aldermen or most substantial persons of the said Town Justices Who shall by force of this Act have full Power and Authority to minister the same Oath § 2. N. 2. and finally to hear and determine all and every the Offences aforesaid Damages Shall give and make to the Party c. grieved § 2. N. 3. such recompence and satisfaction for such their damage and loss as by the said Iustices or Chief-Officers shall be ordered and appointed Fowl For the preventing c. viz. of Destruction of Corn C. 11 § 2. N. 1. Partridge and Phesants c. be it Enacted c. that all c. which c. doth or shall hawk or destroy or kill any Phesant c. or Partridges with any kind of Hawk c. or Dogs by colour of hawking between the first day of July and the last day of August and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of two sufficient Witnesses upon Oath before two or more Iustices of Peace of the said County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the Offence shall be committed or the Parties apprehended Days Provided that no Offenders shall be impeached or punished by vertue of this Act § 4. N. 1. unless he or they be accused as delinquent before the said Iustices of Peace within six Months next after the said Offence c. committed or done Imprisonment Be it therefore further Enacted c. that all c. which c. shall take § 8. N. 1. kill or destroy any Phesant or Partridge with setting Dogs and Nets or otherwise with any manner of Nets Snares or Engines and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of one sufficient Witness upon Oath before two or more Iustices of the Peace of the same County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the said Offence shall be committed or the Party apprehended § 8.
sometimes do falsely take upon them the names of other men of good ability of purpose to enable themselves to be accepted for Bail which persons being of small or no ability or worth are ready for Lucre and Gain to become bound by Recognizance as Sureties for such persons as shall procure themselves to be bound to the Peace or Good-behavior as aforesaid by means whereof the Iudge or Iudges of the said Courts not knowing them may be easily abused and Iustice deluded Coron Be it therefore Enacted by the Authority aforesaid § 5. N. 1. that the Iudge or Iudges of the Courts aforesaid respectively or either of them upon proof of any the misdemeanors aforesaid to be committed in the obtaining of the aforesaid Writs of Supersedeas or procuring such Sureties as aforesaid shall and may likewise punish the false and insufficient Sureties and Bailers aforesaid and the Procurors thereof according to their discretions so as such Punishment extend not to the loss of Life or Member Indictment And whereas divers Bills of Indictments of Riot § 6. N. 1. forcible Entry or of Assault and Battery being found before the Iustices of Peace at the Quarter Sessions of the Peace or otherwise are oftentimes removed from the Counties where such Indictments are found by Writs of Certiorari unto them directed out of the said Courts by or by the means of the persons so indicted who well know that few or no persons grieved by such their Outrages and Misdemeanors whereof they stand so indicted will undergo the travail or charge of Prosecution of such Indictment so removed by bringing the Parties so indicted to tryal by means whereof such Offenders for the most part escape unprosecuted or unpunished and the King loseth the Fines which ought and should have been imposed upon them if such Iudgements had been prosecuted and not removed § 7. N. 1. Be it therefore Enacted Certiorari that all such Writs shall from and after the end of this present Session of Parliament be delivered at some Quarter Sessions of the Peace in open Court § 7. N. 2. And that the Parties indicted Bail shall before the allowance of such Certioraries become bound unto such person or persons which shall prosecute such Bills of Indictment against them in the sum of ten pounds with such sufficient Sureties as the Iustices of Peace at their Quarter Session of the Peace shall think fit with Condition to pay unto the said Prosecutors of such Bills of Indictment within one Month after the Conviction of such Parties indicted such reasonable Costs and Damages as the said Iustices of Peace of such Counties where such Bills of Indictment shall be found in the said Sessions of the Peace shall assess or allow § 7. N. 3. And that in Default thereof Certiorari it shall be lawful for the said Iustices to proceed to Tryal of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding C. 12. § 4. N. 1. And whereas notwithstanding the said Statute viz. 7 Jac. Cap. 5. § 1. N. of Justice of Peace pleading the General Issue Justices and giving special matter in Evidence the Plaintiff is at liberty to lay his Action which he shall bring against any Iustice of Peace or other Officer in any Foreign County at his choice which hath proved very inconvenient unto sundry c. that have been impleaded by some contentious and troublesome persons in Counties far remote from their place of Habitations § 5. N. 1. Be it therefore Enacted c. that if any Action Bill Information Plaint or Suit upon the Case Trespass Battery or false Imprisonment shall be brought c. against any Iustice of Peace Mayor or Bailiff of City or Town-Corporate Head-borough Portreeve Tythingman Constable Collector of Subsidy or Fifteens Church-wardens and persons called Sworn-men executing the Office of Church-warden or Overseer of the Poor and their Deputies or any of them or any other which in their Aid and Assistance or by their Commandment shall do any thing touching or concerning his or their Office c. for or concerning any Matter Cause or Thing by them or any of them done by vertue or reason of their or any of their Office c that the said Action c. shall be laid within the County where the Trespass or Fact shall be done and committed and not elsewhere Cap. 15. Be it Enacted c. that such Iudges Force Iustices or Iustice of Peace as by reason of any Act c. viz. 5 Rich. 2. Cap. 7. 15 Rich. 2. Cap. 2. 8 H. 6. Cap. 9. 31 Eliz. 11. c. now in force are authorized and enabled upon Inquiry to give Restitution of Possession unto Tenants of any Estate of Free-hold of their Lands or Tenements which shall be entred upon with Force or from them witholden by force shall by reason of this present Act have the like and the same Authority and Ability from henceforth upon Indictment of such forcible Entries or forcible witholdings before them duely found to give like Restitution of Possession unto Tenants for term of years Tenants by Copy of Court-Roll Gardians by Knights Service Tenants by Elegit Statute-Merchant and Staple of Lands or Tenements by them so holden which shall be entred upon by force or holden from them by force C. 18. § 4. N. 3. It shall be lawful for any two or more Iustices of the Peace within the County or within the City Drapery Borough or Town-Corporate where such deceivable Cloth viz. with Flocks Thrums Noyles and Hairs c. shall be made or suspected to be made upon Information or Complaint of any of the said Overseers c. Searchers or any other of their Knowledge or Suspition of any such Offence to grant their Warrant to call before them any person or persons whatsoever that shall be thought in their discretions fit to discover any such Offence Proof And to examin upon Oath such person § 4. N. 4. c. for the tryal and better finding out of the Offence aforesaid and if upon Examinations it shall be found by Testimony of two Witnesses or more or by the Confession of the Party or Parties offending that any such Offence c. have been committed as aforesaid then the Party c. that shall so confess his or their said Offence c. or who shall be found to have offended shall remain convicted of such his Offence c. Certificate And that then it shall and may be lawful for the said two Iustices § 4. N. 5. to certifie such Offence c. unto the Church-wardens and Overseers for the time being of the Poor of the Parish c. where such deceivable Cloth c. shall be made under the Hands and Seals of the said Iustices Process And be it further Enacted § 5. N. 1. c. that immediately from and after such Certificate
shall be delivered to any of the Church-wardens and Overseers of the Poor of any Parish c. where such Offender c. shall dwell and Warrant by them viz. the two Justices made to the said Overseers and Church-wardens for the levying of the said Forfeiture it shall and may be lawful to and for the said Church-wardens and Overseers for the time being or any of them or for the Successor c. of them c. to levy the sum c. which by the said Certificate and Warrant shall appear to be forfeited by way of Distress and Sale c. Imprisonment And in defect of such Distress § 5. N. 2. it shall be lawful to and for the said two Iustices of Peace to commit the Party c. so certified to have offended to the Common-Goal there to remain without Bail or Mainprize until Payment shall be made of the said sum c. Pleading And that if any Action c. shall § 5. N. 3. c. hereafter happen to be brought or commenced against any person c. for taking of such Distress c. or for or about any matter or thing concerning the same that then it shall and may be lawful to and for every such person c. against whom such Action c. shall be brought c. to plead the General Issue and give in Evidence and to be allowed double costs in every respect and degree as by the Statute c. viz. 7 Jac. Cap. 5. is already Provided and Enacted Forfeitures And be it further Enacted § 12. N. 1. c. that all Penalties and Forfeitures for want of length breadth and weight of Cloth c. limited by any former Act now in force or by this present Act shall be distributed into three equal parts whereof one third part shall be unto the said Overseers and Searchers finding and certifying the said Default of length breadth and weight as aforesaid to be recovered by them at or in the General Quarter Sessions of the Peace to be holden for the County City or Town-Corporate where the Offence therein shall happen to be done or committed by Action of Debt Bill Plaint or Information wherein no Essoyn Protection Previledge or Wager of Law shall be allowed Bankrupts And be it further Enacted C. 19. § 7. N. 1. c. that if any Bankrupt shall upon his or her Examination or Examinations to be taken before the said Commissioners executing the said Commission be found fraudulently or deceitfully to have conveyed away his or her Goods Chattels Lands Tenements Offices Fees Rents or Annuities or other Estate or any part thereof to the value of twenty pounds or above to the end and purpose to hinder the Execution of this Statute or of any other the aforesaid Statutes viz. 13 Eliz. Cap. 7. 1 Jac. Cap. 15. c. or thereby to defraud delay or hinder his or her Creditors of the same and shall not upon his or her Examination discover unto the said Commissioners and if it lye in his or her Power deliver unto the said Commissioners all that Estate Goods and Chattels so fraudulently and deceitfully conveyed away as aforesaid or by him or her his or her means kept or detained from the said Commissioners or that cannot make it appear unto the said Commissioners that he or she hath sustained some casual loss whereby he or she is disabled to pay what he or she then owed shall or may be indicted for such fraud or abuse at the Assizes or General Sessions to be holden before the Iudges of Assize or Iustices of Peace of the County or Place where he or she shall become Bankrupt § 7. N. ◠Coron And if upon such Indictment or Indictments the Bankrupt be thereof convicted he or she so convicted shall be set upon the Pillory in some publick place for the space of two hours and have one of his or her Ears nailed to the Pillory and cut off C. 20. § 1. N. 2. And that if any c. shall c. offend herein Oath viz. in prophane swearing or cursing either in the hearing of any Iustice of Peace of the County or of any Mayor Iustice of Peace Bailiff or Head-Officer of any City or Town-Corporate where such Offence is or shall be committed or shall thereof be convicted by the Oaths of two Witnesses or by the Confession of the Party before any such Iustice of Peace c. where such Offence is or shall be committed to which end every Iustice of Peace and every such Head-Officer shall have Power by this Act to minister the same Oath that then every such Offender shall for every time so offending forfeit and pay to the use of the Poor of that Parish where the same Offence is or shall be committed the sum of twelve pence § 1. N. 3. And it shall also be lawful for the Constable Process Church-wardens and Overseers of the Poor of that Parish by Warrant from such Iustice of Peace or Head-Officer to levy the same c. by Distress and Sale c. § 1. N. 4. And in discharge of such Distress the Offender Infant if he or she be above the Age of twelve years shall by Warrant from such Iustice of the Peace or Head-Officer be set in the Stocks by three whole hours but if the Offender be under the Age of twelve years and shall not forthwith pay the said sum of twelve pence then he or she by Warrant of such Iustice of Peace or Head-Officer shall be whipped by the Constable or by the Parent or Master in his presence § 2. N. 1. And be it further Enacted Pleading that if any such Offender shall commence any Suit in Law against any Officer or other for such distraining Sale of Goods whipping or setting in the Stocks the Defendant c. may plead the general Issue and give the special Matter in Evidence c. and if it be found against the Plaintiff or that the Plaintiff be nonsuit the Defendant c. shall be allowed good costs to be taxed by the Court. § 3. N. 1. Provided nevertheless Days that every Offence against this Law shall be complained of and Proved as abovesaid within twenty days after the Offence committed C. 21. § 4. N 1. And be it further Enacted Corn. c. that if the Horse-bread which any of the said Hostlers or Inholders shall make be not sufficient lawful and of due Assize according to the Price of Grain and Corn as abovesaid or that if any of them shall offend in any thing contrary to this Act then the Iustices of Assize Iustices of Oyer and Terminer Iustices of the Peace in every Shire Liberty or Franchise within this Realm Sheriffs in their Turns and Stewards in their Leets and Law-days shall have full Power and Authority to inquire hear and determine the said Defaults and Offences of the said Hostlers and
Inholders hereafter to be committed against the form of this present Statute C. 22. § 7. N. 1. Provided nevertheless and be it Enacted Victuals c that if the Iustices of the Peace of any of the Counties of this Realm of England or the Dominion of Wales at their Quarter Sessions of any of the said Counties shall declare and publish in open Sessions that the Traders aforesaid in Butter and Cheese viz. from London c. shall forbear to buy any Butter and Cheese for any time within the said County or Counties or within any Parts or Places of the same that then for and during the time of such Restraint the said Traders in Butter and Cheese that shall buy any such Butter viz. above a Barrel or Cheese viz. above a Weigh and sell the same again by Retail contrary to the Acts aforesaid viz. 3 4 Ed. 6. Cap. 21. § 2. N. 1. and 5 6 Ed. 6. Cap. 14. § 3. N. 1. shall not be freed of or from any Penalties of the said Acts but shall be subject to the same as if this Act had never been made Statuta Car. 1. Games AND that any one Iustice of the Peace of the County 1 Car. 1. Cap. 1. § 1. N. 5. or the Chief Officer or Officers of any City Borough or Town-Corporate where such Offence viz. of resorting to Sports on the Sunday c. shall be committed upon his or their View or Confession of the Party or Proof by one or more Witness by Oath which the said Iustice or Chief-Officer or Officers shall by vertue of this Act have Authority to Minister shall find any offending in the Premisses the said Iustice or Chief-Officer c. shall give Warrant under his or their Hand and Seal to the Constables and Church-wardens of the Parish c. where such Offence shall be committed to levy the said Penalty so to be assessed by way of Distress and Sale c. rendring to the said Offenders the overplus c. and in default of such Distress that the party offending be set publickly in the Stocks by the space of three hours Religion The said Offences Viz. Travailing 3 Car. 1. C. 1. 2. § 1. N. 4. or Killing or Selling Victual on Sunday and every of them being done in view of any Iustice of Peace Mayor or other Head-Officer of any City or Town-Corporate within their Limits respectively or being proved upon Oath by two or more Witnesses or by the Confession of the Party offending before any such Iustice Mayor or Head-Officer within their several Limits respectively wherein such Offence shall be committed to which end every such Iustice Mayor or Head-Officer shall have Power by this Act to minister an Oath to such Witness or Witnesses Forfeitures All which sums c. viz. of twenty shillings forfeit for travailing § 1. N. 5. and six shillings and eight pence for killing or selling Meat on Sunday c. shall or may be levyed by any Constable or Church-warden by Warrant from any â—uch Iustice or Iustices of Peace Mayor or other Head-Officer c. within their several Limits where such Offence shall be committed or done by distress and sale of the Offenders Goods c. or shall be recovered by any person c. by Bill Plaint or Information in any of his Majesties Courts of Record in any City or Town-Corporate before his Majesties Iustices of the Peace in their General Sessions of the Peace Poor All which Forfeitures shall be imployed to and for the use of the Poor of the Parishes where the said Offences shall be committed or done § 1. N. 6. saving only that it shall be lawful to and for any such Iustice Mayor or Head-Officer out of the said Forfeitures to reward any such person c. that shall inform or otherwise prosecute any person c. offending against this present Act according to their discretions so that such Reward exceed not the third part of the Forfeiture Ale Which Law viz. 5 6 Ed. 6. Cap. 25. § 4. 5. hath not wrought such Reformation as was intended C. 3. 4. § 1. N. 6. for that the said Fine of 20 s. is seldom levyed and for that many of the said Offenders by reason of their Poverty are neither able to pay the said Fine of 20 s. nor yet to bear their own charges of conveying them to the Goal and moreover do leave a great charge of Wife and Children upon the Parishes wherein they live in regard whereof the Constables and other Officers are much discouraged in presenting them and the Offenders become obstinate and incorrigible Licence For remedy whereof be it Enacted c. that if any § 2. N. 1. c. shall upon his own Authority not being thereunto Lawfully licenced take upon him or them to keep a Common Ale-house or Tipling-house or use commonly selling of Ale or Beer Cyder or Perry that then every such c. shall for every such Offence forfeit and lose c. 20 s. to the use of the Poor of the Parish c. the same Offence being viewed and seen by any Mayor Bailiff or Iustices of Peace or other Head-Officer within the several Limits or confessed by the Party so offending or approved by the Oath of two Witnesses to be taken before any Mayor Bailiff or other Head-Officer or any one or more Iustice or Iustices of the Peace who by vertue of this Act shall be authorized to minister the said Oath to any c. that can or will justifie the same being within the limits of their said Commission § 2. N. 2. The said Penalties to be levyed by the Constables or Church-wardens of the Parish c. where the said Offence shall be committed Forfeiture who shall be accountable therefore to the use of the Poor of the said Parish by way of distress to be taken and detained by Warrant or Precept from the said Mayor Bailiff Iustice or Iustices or other Head-Officer by whom the said Offence shall be viewed or before whom the same shall be confessed or proved as aforesaid § 2. N. 3. And for default of satisfaction within three days next ensuing Process the said Distress to be by the said Constables or Church-wardens apprised and sold and the overplus to be delivered c. and this to be only for the first Offence § 2. N. 4. And if such Offender Imprisonment c. shall not have sufficient Goods and Chattels whereby the said 20 s. may be levyed by way of distress as aforesaid or shall not pay the said sum c. within six days after such Conviction as aforesaid that then the said Mayor Bailiff Iustice or Iustices or other Head-Officer before whom the said Offender shall be convicted as aforesaid shall commit all and every the said Offender c. to some Constable c. or other inferior Officer c. of the City Borough Town Parish
special matter in Evidence N. 2. And if the Verdict be found for him or the Plaintiff become Non-suited Damages shall recover his Damages and double Costs of Suit for his unjust vexation in that behalf C. 3. § 3. N. 1. Be it further Enacted that every Sheriff shall on the first day of every General Quarter-Sessions yearly held next after the Feast of Easter Inquest deliver and cause to be delivered unto the Iustices of Peace sitting at the same Sessions the names of all Persons of such Estates viz. xx l. per Annum in England and viij l. per Annum in Wales as are by the true meaning of this Act to be Returned for Iury-men to the end the Estates of such Persons may be enquired after and such Persons approved by the said Iustices of Peace or the greater number of them then present to be Persons of such Estates to be retornable for Iury-men for the year then next ensuing N. 2. And the said Iustices shall have power to add such Persons having Estates of the respective values before mentioned Justices as they shall find to be omitted by the Sheriff amongst the Names by him delivered and such a Competent number and no more of such Persons as aforesaid shall be retornable to serve of Iuries for the year next Ensuing as the said Iustices or the greater number of them as aforesaid shall think fit Statuta 17 Car. 2. Religion VIz. Non-Conformist Parson not to come within five miles of City 17 Car. 2. 2. § 3. N. 4. Town Corporate or Borough that sends Burgesses to Parliament or of place where he was Vicar or Preacher c. before he or they have taken and subscribed the Oath aforesaid viz. against taking Arms against the Kings Commissioner before the Iustices of the Peace at their Quarter-Sessions to be holden for the County Riding or Division next unto the Corporation City or Borough Parish Place or Town in open Court which said Oath the said Iustices are hereby Impowred there to Administer Forfeiture Vpon Forfeiture c. of xl l. c. one third c. to the King N. 5. c. the other third c. to the use of the Poor c. and the other third c. to such c. as shall or will sue for the same c. before any Iustices of Peace in their Quarter-Sessions c. Imprisonment Provided also and be it further Enacted § 5. N. 1. c. That it shall be Lawful for any two Iustices of the Peace of the respective County upon Oath to them of any Offence against this Act which Oath they are hereby Impowered to Administer to Commit the Offender for six months without Bail or Mainprise unless upon or before such Commitment he shall before the said Iustices of the Peace swear and subscribe the aforesaid Oath and Declarations viz. of Conformity and against taking Arms c. Statuta 18 Car. 2. Cattle VIz. any Constable c. may seize Cattle alive or dead fat or lean Imported 18 Car. 2. 2. § 1 N. 4. c. and kéep the same during the space of Eight and Forty hours in some publick or convenient place where such seisure shall be made within which time if the owner c. or any for them c. shall make it appear unto some Iustice of the Peace of the same County where the same shall be so seised by the Oath of two credible Witnesses which Oath the said Iustice of Peace is hereby Impowered and required to Administer that the same were not Imported from Ireland or from any other place beyond the Seas not herein after excepted after the said second day of February then the same upon the Warrant of such Iustice of the Peace shall be delivered without delay 20 Car. 2. 7. § 5. N. 3. Scotland Be it therefore Enacted c. That the said Act C. 3. § 1. N. 2. viz. 13 14 Car. 2. 22. and every Clause c. therein contained and all and every the Powers and Authorities thereby given be continue and remain in force until the end of seven years from the Expiration or Determination of the forementioned Act 29 30 Car. 2. 2. Clergy And be it further Enacted § 2. N. 1. c. That the benefit of Clergy shall be taken away from great known and notorious Thieves and Spoil-takers in the said Counties of Northumberland Cumberland or either of them during the continuance of this present Act who shall be duly Convicted for theft done or committed within the said Counties or either of them Ouster le nere Or otherwise That it shall and may be lawful to and for the Iustices of the Assize and Commissioners of Oyer and Terminer or Goal Delivery N. ◠before whom such Offenders shall be Convicted within the said Counties or either of them to Transport or cause to be Transported the said Offenders and every of them into any of his Majesties Dominions in America there to remain and not to return c. C. 4. § 1. N. 3. None to be Buried but in Woollen only Drapery c. upon pain of the Forfeiture of the Sum of Five pounds c. to be levied by the Church-wardens and Overseers of the Poor c. by Warrant from any Iustice of the Peace or Mayor Alderman or Head Officer of such City Town or place Corporate respectively within their several Limits by Distress and Sale of the Goods of the Party Interred contrary to this Act c. or in default thereof by Distress and Sale of the Goods of any that had a hand in the putting such Person into such Shift Shirt Shéet or Coffin contrary to this Act or did order or dispose the doing thereof Statuta 19 Car. 2. 19 Car. 2. 3. § 3. N. 2. ANd if any c. shall presume to build Contrary London c. viz. against the rules for Rebuilding the City of London and be Convicted of the same by the Oaths of two or more Credible Witnesses to be taken before the Lord Mayor for the time being or any two or more of the Iustices of the Peace for the said City who are hereby Impowered to Administer the same Oaths that then and in such Case the said House so irregularly built c. shall be déemed as a Common Nusance C. 4. § 1. N. 2. For remedy c. be it Enacted Poor c. That the Iustices of the Peace of the respective Counties viz. where Poor Prisoners have no Work c. at any their General Sessions or the major part of them then there Assembled if they shall find it needful so to do may provide a stock of such Materials as they find convenient for the setting Poor Prisoners on work in such manner and by such wayes as other County Charges by the Laws and Statutes of the Realm are and may be levied and raised and
Certificate thereof from the said Person c. shall forthwith grant a Warrant for the Levying of the said Forfeiture on the Goods and Chattels c. rendering the overplus c. § 6. N. 3. And in Case such Chief Magistrate or Iustice of the Peace shall neglect his Duty Process in not Issuing his Warrant for the Levying of the said Forfeiture N. 4. He or they so neglecting or Offending shall forfeit for every such Offence the Sum of Five pounds Forfeiture § 10. N. 1. And it is further Enacted c. that Justices c. the said Iustices at their respective Assizes and the Iustices of the Peace at their respective Quarter-Sessions shall give this Act in Charge C. 4. § 3. N. 1. And all Iustices of the Peace within their several Counties and Divisions Poor are hereby Authorized and Impowered to put in Execution all such Powers Directions and Authorities for the full Release and Discharge of such Persons as were in Prison c. viz. on 14 April 1671. N. 2. And of all such other Persons as have béen since that time Committed to Prison and are in Prison c. viz. on 29 May Imprisonment 1678. as the said former Act viz. 22 23 Car. 2. Cap. 20. 7 hath made and provided for the Release and Discharge of such who were in Prison for Debt or Damages c. viz. on 14 April 1671. § 4. N. 3. And if within the space of Thrée months after such Weekly allowance by any Creditor Execution no Estate of the Prisoner shall be discovered or made out before two Iustices of the Peace of that County and Division where the said Prisoner is kept in Prison then the said Prisoner shall forthwith be Discharged by Warrant under the Hands and Seals of any two Iustices of the Peace of the same County and Division where the said Prisoner shall be so in Prison to the Keeper of such Prison in that behalf directed as fully and amply as if such Prisoner had been Discharged by the Iustices of the Peace at their Quarter-Sessions as in the said recited Act viz. 22 23 Car. 2. 20. 7. is mentioned Sheriffs And be it Enacted c. That in Case any Sheriff Goaler § 7. N. 1. and Kéeper of Prison shall refuse and delay to bring and discharge and set at Liberty any Prisoner c. according to the Order of the Iustice or Iustices of the Peace made in pursuance of this Act or of the said former recited Act viz. 22 23 Car. 2. 20. 7. every such Goaler Sheriff or Keeper of Prison shall forfeit and pay to such Prisoners so detained contrary to such Order the Sum of xx l. to be recovered by Action of Debt in any of his Majesties Courts of Record Justices And shall also be subject to such Fine and Punishment as the said Iustices of Peace shall upon Complaint thereof to them made order and Award N. 2. Poor And in Case the profit of his Labor viz. of Prisoner kept at Work on request of Creditor c. shall excéed the value of his maintenance § 13. N. 2. one moiety of the overplus shall go towards the payment of his Debts for which he remains in Execution the other moiety shall be paid to the Hands of the said Prisoner the said moieties to be distributed accordingly by the two next Iustices of the Peace Imprisonment And be it Enacted § 15. N. 1. That any Iudge of such Court whereto such Debtor is a Prisoner or the two next Iustices of the Peace to such Work-house shall and may have power to Commit such Debtor being brought before him or them by Habeas Corpus or Order under the Hands and Seals of such two Iustices unto any Work-house within the County where such Prison is there to remain according to this Act. Debt But such Prisoner viz. upon mean Process not giving Warrant of Attorney before any Justice of Peace that is applied to for discharge § 18. N. 2. c. shall in Case of his refusal to give such Warrant of Attorney lose the whole benefit of this Law Oath Provided alwayes that no Prisoner shall be discharged by vertue of this Act §. 20. N. 1. until he shall before the Iustices of Peace who are by this Act Impowered to discharge him declare upon his Corporal Oath which Oath the said Iustices are hereby appointed to Administer what Estates are belonging to him or what Debt or Debts are then owing to him within any of his Majesties Dominions or elsewhere and by whom and for what Cause and upon what Security Debt Of all which a Schedule shall be made in the presence of such Iustices N. 2. and Subscribed by the Prisoner and shall be by such Iustices returned to the next Sessions there to be kept for the better Information of the Creditors of such Prisoner Measures And it is hereby further Enacted C. 8. § 6. N. 1. c. That in Case after the Admeasuring or Marking of any Boat or Keel or Cart or Wain viz. for Measuring Coals at New-Castle c. the Marks shall be removed or altered that every person or persons who had a hand in the doing thereof shall upon proof thereof by one or more credible Witnesses before any Iustice of the Peace forfeit the Sum of x l. to be Levied upon his Goods and Chattels by Distress and Sale thereof by Warrant of such Iustice of the Peace rendring the overplus and for failure of such Distress to be Committed to the Common Goal there to remain for the space of Thrée months without Bail or Mainprise Fish And to the Intent that a perfect Execution may be had of this present Act C. 9. § 3. N. 1. viz. against Fishing and destroying fry of Fish in the Severn c. Justices Be it Enacted N. 2. c. That the Iustices of Peace within the said respective Counties of Worcester Salop and Glocester wherein they shall be Iustices shall be and are hereby appointed Conservators of the said River and to make one or more under-Conservators within their respective Limits Process And that the said Iustices of the Peace shall Issue forth their Warrants urder the Hands and Seals of any two of them N. 3. directed to such under-Conservator or Conservators or to any Constable Tythingman or Headborough where any such Offence shall be Committed upon their own Knowledge or Information to them given to search in the day time in all suspected Houses and places for all such Nets Instruments Devices and other Engines and the same to Seize and bring before the said Iustices or in their open Quarter-Sessions that the said unlawful Nets Instruments Devices and Engines may upon the View thereof be burnt or made useless § 4. N. 1. Provided alwayes That no Person or Persons Offending as aforesaid Fish
saith Mr. Stamford 193. since that it giveth the party grieved a more ample recompence c. Poult de Pace 234. Process II. Dalt 294. cap. 110. and by divers Statutes you shall find that an offender may be convicted out of Court either upon view of the Record of the Justices of Peace or by confession of the offender or upon examination of witnesses before one or two Justices of the Peace Dalt cap. 66. Records III. By 34 35 H. 8. 14. § 2. N. 1. the Clerks of the Crown Clerks of the Peace and Clerks of Assize where any such Attainder c. viz. of Felony c. shall be had shall c. not only certifie a transcript briefly and in few words containing rhe tenor and effect of every such c. conviction and Clerk attainted before them so to be had c. viz. the Name Surname and addition of every person so c. convicted or Clerk attainted c. shall be made and done before the King in his Bench at Westminster in the County of Middlesex there to remain of Record for ever c. but shall also deliver a transcript c. to the Ordinary c. Accessory IV. 9 Co. 119. in Sur Zanchars Ca. these word while the Appellee is attaint in 3 Ed. 1. W. 1. cap. 14. § 1. N. 2. viz. that appeal shall not be intermit against the Accessory is intend of all manner of Attainders at the Kings Suit or of the party and upon appearance and default and in the same Act after provision is made for the Appeal of the party which proves it shall be taken in that several sense Authority see Jurisdiction Averment Suggestion Proof Action Chancery I. LAmb. 4. cap. 6. pag. 501. Albeit the Chancery will sometimes both take knowledge and also award Process upon an Information by word in the behalf of the Prince 1 Ed. 5. 6. 39 H. 6. 41. surmise Br. 3. yet I think that before Justices of Peace these Suggestions and Informations both be they by word or writing are but of the force to stir up the Justices to recommend the Cause to the Enquest and not to award any Process upon them unless it be in certain Cases where that validity is specially given them by the Statutes Bail Recognizance Bailment Surety Caution Mainprise Pledges Replevin Imprisonment Hab. Corp. Replevin I. 3 Ed. 1. W. 1. cap. 15. § 1. N. 2. And forasmuch as before this time it was not determined which persons were Replevisable and which not but only those that were taken for the death of man or by commandment of the King or of his Justices or for the Forest Ability II. 3 Ed. 1. W. 1. cap. 15. § 1. N. 3. It is provided c. that such Prisoners as before were Outlawed and they which have abjured the Realm Provers and such as be taken with the Mannor and those which have broken the Kings Prison Thieves openly defamed and known and such as be appealed by Provers so long as the Provers be living if they be not of good name and such as be taken for House-burning feloniously done or for false Money or for counterfeiting the Kings Seal or persons Excommunicate raken at the request of the Bishop or for manifest offences or for Treason touching the King himself shall be in no wise Replevisable by the common Writ nor without Writ III. By 27 Ed. 1. 3. § 1. N. 4. For the more assured conservation of the Peace c. that Justices assigned in every County to take Assizes Sheriffs where they do take Assizes as they be appointed incontinent after the Assizes c. shall enquire if Sheriffs or any other have let out by Replevin Prisoners not Replevisable or offended against 3 Ed. 1. 15. c. IV. 18 Ed. 2. pag. 84. § 32. N. 1. Leet The Frankpledge shall enquire of persons Imprisoned and let go without Mainprise V. 23 H. 6. 10. § 1. N. 6. viz. Sheriffs Imprisonm c. shall on oblig ' deliver all persons imprisoned c. such c. which be or shall be in their ward by Condemnation Execution Capias Vtlagatum or Excommunicatum Surety of the Peace and all such persons which be or shall be committed to ward by special commandment of any Justices and Vagabonds refusing to serve according to the form of the Statute of Labourers viz. 23 Ed. 3. 2. c. only excepted 4 Ed. 3. 2. § 1. N. 4. VI. 1 Rich. 3. 3. § 1. N. 2. That every Justice of Peace in every Shire Justices City or Town shall have Authority by his or their discretion to let such Prisoners and persons so arrested viz. on suspicion of Felony ro Bail or Mainprise in like form as though the same Prisoners or persons were Indicted thereof of Record before the same Justices in their Sessions 34 Ed. 3. 1. § 1. N. 6. 3 H. 7. 3. § 1. N. 7. VII 1 R. 3. 3. § 1. N. 3. Escape And that Justices of Peace have authority to enquire in their Sessions of all manner Escapes of every person arrested and imprisoned for Felony VIII 3 H. 7. 3. § 1. N. 3. That the Justices of Peace in every Shire Justices City and Town or two of them at the least whereof one to be of the Quorum have authority and power to let any such Prisoners or persons Mainprisable by the Law that have been imprisoned within their several Counties City or Town to Bail or Mainprise unto their next General Sessions or unto the next Goal-delivery of the same Goals in every Shire City or Town as well within Franchise as without where any Goals been or hereafter shall be IX 3 H. 7. 3. § 1. N. 4. And that the said Justices of the Peace Certificate or one of them so taking any such Bail or Mainprise do certifie the same at the next General Sessions of the Peace or the next General Goal-delivery of any such Goal within every such County City or Town next following after any such Bail or Mainprise so taken on pain of 10 l. for every default recorded 1 2 Phil. Mar. 13. § 3. N. 2. X. 3 H. 7. 3. § 1. N. 7. And that the aforesaid Act viz. 1 R. 3. 3. Justices § 1. N. 2. giving authority and power in the premisses to any Justice of the Peace by himself be in that behalf utterly void and of none effect c. XI 1 2 Phil. Mar. 13. § 2. N. 1. That Ability c. no Justice or Justices of the Peace shall let to Bail or Mainprise any such person or persons which for any offence c. be declared not to be replevised or bailed or be forbinden to be replevised or bailed by 3 Ed. 1. W. 1. cap. 15. XII 1 2 Phil. Mar. 13. § 3. N. 1. And furthermore that any Justices c. arrested for Man-slaughter or Felony or suspicion
' predict ' tam antea que postea quendam T. R. de Civitate W. Clothier multos alios fideles subditos dicti Domini Regis decepit defraudavit per fraudem astutiam deceptionem diversos Pannos Laneos Angl ' vocal ' Broad-Cloths Tam de predict ' T. R. quam de diversis aliis dicti Domini Regis subditis perquisivit habuit percepit in depauperationem subditorum dicti Domini Regis in pessimum pernitiosissimum exemplum aliorum ligeorum subditorum dicti Domini Regis in hujusmodi casu delinquentium contra pacem dicti Domini Regis nunc Coronam dignitatem suas contra form ' Statuti in hujusmodi casu editi provisi Discretion see Justices Discontinuance see Process Disturbers see Riot Force Divine Service see Religion Dogs see Cattel Doves see Fowl Draw Latches see Coron Drovers see Cattel Drunkenness see Ale Dures see Imprisonment Dyers see Drapery Ecclesiastick Persons Person Incumbent Church Ordinary Pope I. LAmb. 4. cap. 4. pag. 405. Article of Charge in Sessions if any have within this half year by Writing Printing Teaching express Deed or Act advisedly maliciously and directly affirmed held in set forth or defended the Authority Preheminence Power or Jurisdiction Spiritual or Ecclesiastical of any foreign Prince or Person whatsoever heretofore claimed used or usurped c. 1 Eliz. 1. § N. 5 Eliz. 1. § 3. N. 1. 23 Eliz. 1. § 8. N. 1. Incumbent II. Lamb. 411. ibid. Inquiry if any person hath of purpose maliciously or contemptuously molested or by any unlawful means misused any Preacher lawfully Authorized in any his open Sermon or Preaching in any Church or other place used or to be appointed and who were his Aiders Procurers or Abettors 1 Mar. 1. St. 2. cap. 3. § 3. N. 1. learn if this Statute do stand for this part Religion III. Lamb. 412. Inquiry if any Parson Vicar or Minister have refused to use the Common Prayer or to Minister the Sacraments according to the Book of Common Prayer or wilfully standing in the same have used any other form in open Prayers or in administration of the Sacraments or have spoken any thing in derogation of the said Book or any part thereof Or if any have caused or maintained any Parson Vicar or Minister to say any Common Prayer or to Minister any Sacrament in any other manner than after the said Book or have interrupted any Parson Vicar or Minister to say open Prayer or to administer any Sacrament according to the said Book 1 Eliz 2. § N. 23 Eliz. 1. § N. Religion IV. Crompt 12. a. b. Item You shall inquire c. If such Ecclesiastical Person who should say Common Prayer and Minister the Sacraments in any Cathedral or Parochial Church or other place hath not within this year and day said and used matters even to the administration of the Sacraments and all their Common and open Prayers in such order and form as is mentioned in the Books of Common Prayer authorized by Parliament c. By the said Statute 23 Eliz. 1. § 8 9. Justices of Peace may enquire within the Year and Day but cannot hear and determine but the Justices of Oyer and Terminer or of Assize may hear and determine But see if a Justice of Peace cannot award Process upon the Indictment until he appear and plead to the Indictment And then for Trial find the Record in B. R. to the intent it shall be tryed by Nisi Prius or if he shall send the Indictment in B. R. immediately without awarding Process because they have no authority by the Statute 23 Eliz. 1. § 8. but only to enquire V. Crompt 16. b. Schools Charge in Sessions if any hath kept or maintained any Schoolmaster who doth not resort to the Church as is mentioned in 23 Eliz. 1. § N. or who is not allowed by the Ordinary of the same Diocess where such Schoolmaster shall be kept he shall forfeit 10. li. every month for keeping such Schoolmaster And every Schoolmaster presuming to instruct Youth being thereof convict shall be disabled and shall be imprisoned for a year without Bail or Mainprize 1 Jac. 4. § N. VI. West Symb. 2. part 137. b. sect 239. Bastardy An Indictment of a Priest for keeping a Concubine Pract. Prec 74. Warwick ss Inquiratur pro Domino Rege si H. R. nuper de K. in Com' W. Clericus primo die Decembr Anno Regni c. Vi Armis Deum per oculis suis non habens Nec legem Dei Domini Regis timens ordinem Sacerdotalem nihil regardans tanquam Ribaldus Luxuriosus Riotosè sicut transgressor malefactor pacis Domini Regis perturbator irregulariter extra legis morem honestam vitae virtuosae Sacerdotiae dignitatis seipso utens apud K. predict ' in com' predict ' hospitium illicitum levavit custodivit quandam A. B. mulierem defamat ' stuprosam publicè ac notoriè custodivit occupavit habuit ipsam A. B. a predict ' primo die Dec. Anno supradict ' adtunc ibidem continuand ' adhuc quotidiae noctanter manifestè aperte custodivit occupavit habet in communi stupro lemocinum in maximum periculosum exemplum aliorum malefactorum contra pacem dicti Domini Regis c. Market VII Pract. Preced 77. An Indictment of a sp Parson for buying and selling on 21 H. 8. 13. § 5. N. 1. Essex ss Juratores pro Domino Rege super Sacramentum suum presentant quod cum in Statuto in Parliamento Domini Henrici nuper Regis Angl ' 8 apud Westminster Anno Regni sui 21. Tent ' Edit ' inter caetera ordinat ' sit quod nulla spiritualis persona seu personae secular ' vel regular ' cujuscunque status seu gradus fuit deinceps per seipsum nec per aliquem alium per se nec ad ejus usum Barganizaret Emeret ad vendend ' pro lucro seu perficiu in aliquibus mercatis feriis seu aliis locis aliqua catalla grana seu plumbum pisces sanam Boscum c. seu aliquos victus seu merchandizas cujuslibet generis fuit subpoena furisfact ' triplum valorem cujuslibet rei per eas seu eorum aliquem ad eorum usum Barganizat ' Emp ' ad revendend ' in contrarium illius presentis actus quod quilibet hujusmodi Barganizatio seu contractus imposterum per eas fiendum seu per aliquam alium ad eorum usum in contrarium ejusdem actus penitus forent vacuae nullius effectus quod una medietas cujuslibet talis foris facturae esset Domino Regi altera medietas inde illi qui voluit persequi pro eadem per breve Original ' debit Billam seu informat ' in aliquibus curiis Domini Regis in qua actione seu secta
19 H. 6. Entre 17. Rast Entr. 335. 12 Ed. 4. 1. LXIV Crompt 165. b. If a man be Indicted of a Forcible Entry Traverses and the party puts in a traverse presently whereupon Execution is stayed and they do not prosecute the Traverse cum effectu but suffer this to be discontinued and after tender another Traverse at another time upon Restitution prayed it seemeth that the Court may Award Execution notwithstanding as in the Case of a Writ of Error c. 13 Ed. 4. 4 6 H. 7. 16. Crompt 166. LXV Crompt 165. b. Traverse It seemeth convenient upon a Bill on 8 H. 6. 9. preferred to shew the Evidence in full Court before the Jury to the intent that it may appear to the Court whether there be reasonable Cause to stay Restitution or not if the Bill be found Dyer 123. pl. acc Traverse LXVI Crompt 166. He that tenders the Traverse in B. R. upon an Indictment of Forcible Entry shall bear all the Charges of the Tryal and not the King nor he at whose Suit the Indictment is found as it is said by the Clerks de Banco Regis by the same reason it should be so of an Indictment Traverst before Justices of the Peace Costs Br. 4. Dalt 216. cap. 84. infra 78. Justices LXVII Crompt 166. Three Justices sit upon an Inquisition of Forcible Entry and one agrees that Restitution shall be made and the others will not agree Quaere if one may award Restitution without the other because 8 H. 6. 9. § 3. N. 2. gives power to one Justice to Inquire of Forcible Entries and to make Restitution Prerog LXVIII Crompt 69. § 12. a Bill upon 8 H. 6. 9. § N. for the King is not good for he cannot be Deisseised nor ousted of his freehold because of his Prerogative Br. 89. and he shall not have an Acc. sur Stat. so 4 H. 7. 1. b. see 2 H. 4. Prerog 12. Coron 553. 8 H. 4. 17. Disseisor Br. 16. 64. Dalt 201. cap. 77. Prerog LXIX Crompt 69. § 13. If the Kings termor be ousted with Force he cannot prefer a Bill on 8 H. 6. 9. that he was ousted and the King Disseised for the King cannot be ousted of his Freehold but he shall have an Information of Intrusion in the Exchequer Dalt 201. cap. 77. Poul de Pace 39. b. § 24. Outlawry LXX Crompt 68. b. § 8. Process of Outlawry lieth in an Acc. sur Stat. of 8 H. 6. 9. for it is Quare vi armis as was agreed 37 H. 6. 3. and so it seemeth to be upon an Indictment on the said Statute infra § 77. Prerog LXXI Dalt 201. cap. 77. Yet it seemeth that upon complaint made to the Justice of Peace by the Kings Termor of any such Force the Justice of Peace may nay ought to remove the Force and upon his View thereof to Record it and to commit the Offendors to Prison and may Fine them and after such Force removed the Kings Termor may presently reenter if he can in peaceable manner Chpihold LXXII Dalt 203. cap. 77. But howsoever the Law be taken for the Indictment or Restitution thereupon yet in case that Lessee for years Tenant at will or a Copiholder be forcibly put out or held out either by a stranger or by their Lessor or Lord the Justices of Peace or any one of them by 15 R. 2. 2. might safely remove the Force upon View thereof and Commit the Offendors to Prison and then the Lessee for years or Copiholder might presently reenter if peaceably they could so do and so might have his possession again without any Restitution made him by the Justices Crompt 71. § 45. Restitution LXXIII Dalt 203. cap. 77. But now by the Statute 21 Jac. 15. such Judges Justices or Justice of Peace as by reason of any Act or Acts of Parliament now in force are Authorized and enabled upon Enquiry to give Restitution of Possession unto Tenants of any Estate of Freehold of their Lands or Tenements which shall be Entred upon with Force or from them withholden by Force shall by reason of this present Act have the like and the same Authority and ability from henceforth upon Indictment of such Forcible Entries or Forcible withholdings before them duly sound to give like Restitution of possession unto Tenants for term of years Tenants by Copy of Court Roll Guardians by Knights service Tenants by Elegit Statute Merchant and Staple of Lands or Tenements by them so holden which shall be entred upon by Force or holden from them by Force LXXIV Mich. 2 Car. 1. Latch 182. Widow Stacyes Case Copihold one was Indicted on 21 Jac. 15. for entring into a house in Cobham in Oxford ' ad tunc existens liberum tenementum suum ad voluntatem Domini secundum consuetud ' manerii c. the party came into the Court and being put out of possession upon this Indictment by one Justice of Peace prayed Restitution and it was granted to him by Dodridg and Whitlock Jones absent the reason was because for any thing here shewed the Widow may be Tenant by the Verge and not by Copy and the Statute shall not be taken by Equity and therefore he that will have Restitution must persue the words of the Statute but Dodridge agreed that if one hath a Widows Estate by Custome after the death of her Husband Copiholder she is within the Statute because her Estate is immediately by Copy LXXV Dalt 206. cap. 79. And by force of this Statute and proviso Heir 8 H. 6. 9. § 7. N. 1. every Heir and every Feoffee may justifie to keep their Houses and Possessions by Force in case that themselves or their Ancestors or their Feoffors or those whose Estate they have have been in peaceable possession thereof by the space of three years or more Kell 187. pl. Lambert 1â—4 supra § 35. LXXVI Crompt 166. It 's found that J. S. Disseised me with Force Restitution and by another Enquest taken at the same Sessions it s found that I am Disseised by A. B. with Force I may Elect upon which of these Indictments I will be restored and if I have Restitution against J.S. and this is Retorn'd I shall not have Restitution upon the other but tho I be in possession as to him if upon the Writ of Restitution it be not Retorned that I have Restitution I shall have Restitution against A. upon the other Verdit if A. hath reentred upon the first Restitution given to me by Marrow Lect. 9. Quaere for if a man Recovers in an Assize and enters upon the Tenant and he reenters he that Recovers shall not have a sc fac to Execute the Judgment 49 Ed. 3. 27. Dalt 211. cap. 81. LXXVII Crompt 150. b. Outlaw Justices of Peace cannot Award a Capias utlagatum but must certifie the Outlawry in B. R. as the Clreks of the same Court say supra
Dalt 175. 176. cap. 71. LXVI Lamb. 110. And so if it be versus cunctum populum precipuè versus A. yet may A. after that sort release it as the Law is now practiced in our time clear against the opinion of 21 Ed. 4. 40. for albeit that it seem popular so that all others should have equal Interest with A. in it yet was it taken specially say they for his safety as the word precipuè doth argue plain and peace Br. 17. saith truly that it was used at that time also Crumpt 142. b. Dalt 174. cap. 71. 176. cap. 71. LXVII Lamb. 111. But since the Recognizance is made to the King and not to the Party though for his Security and seeing also that by such release he that ought to remain bounden shall be at Liberty and may do harm whilst intending to beat B. he may contend with A. both to pray and Pardon the Recognizance for the Peace I could for my part like better to maintain that old then to Imitate this new Opinion Dalt 176. cap. 71. LXVIII Lamb. 111. And now whether the recognizance be at the Suit of A. or by the meer motion of the Justice in the behalf of A. the King cannot Release or Pardon it before that it be forfeited both for the mischief that may come to A. thereby by the opinion of Fineux 11. H. 7. 12. and for that the Recognizance being taken according to the common Form as is before set down It is not properly a Debt to the King until it be forfeited as appeareth 11 H. 4. 43. 1 H. 7. 10. But being once forfeited then he and none other may pardon the Forfeiture for then it is become proper Debt unto him Dalt 177. cap. 71. LXIX Lamb. 111 112. Now in these Cases the Recognizance may not be Cancelled lest peradventure the Peace was broken and consequently the Recognizance forfeit before the time of the Release made Fitzh 10. and therefore Crumpt 140. b. 141. a. It shall be best in such Cases to send to the Sessions the Recognizance and the Release together and that may be done in a few Lines under the Recognizance it self Crumpt 139. b. § 16. For the Release of a Justice thus EGo prefat ' T. W. Miles qui supra nominat ' A. B. ad predict ' securitat ' pacis inveniend ' ex mea Discretione compuli eandem securitatem pacis quantum in me est ex mea discretione 1 Die August ' Anno c. remisi relaxavi In cujus rei testimonium huic presenti relaxationi meoe sigillum meum apposui Dat' c. Dalt 390. cap. 128. And for the Release of the Party before the same Justice that took it thus MEmorand ' quod primo die Augusti Anno c. prefatus C. D. venit coram me S. L. Gratis remisit relaxavit quantum in se est predictam securitatem pacis per ipsum coram me versus supra nominatum A. B. petitum In cujus rei testimonium ego prefat ' S. L. c. Dat' c. But if the Release be made as some think it may before another Justice of the Peace which hath not the Recognizance then this latter form must be framed accordingly Dalt 390. cap. 128. LXX Dalt 390. cap. 128. These two former Releases are to be written under the Recognizance it self and if the Justice shall only Subscribe his Name to the Release without his Seal it is well enough especially where the Recognizance is without Seal Or the Release of the Party may be by it self thus C. MEmorand ' quod C. D. de S. in Com' predict ' Yeoman 1 Die August ' Anno c. venit coram me J. B. Armig ' uno Justiciar ' dicti Domini Regis ad pacem in Com' predict ' conservand ' assignat ' apud W. in Com' predict ' ibidem remisit gratis relaxavit R. W. de S. in Com' predict ' Laborer securitatem pacis per ipsum C. D. versus dictum R. W. coram me petitum Dat' Die Anno supradict ' And if the Release be made before another Justice which took not or hath not the Recognizance it may be thus C. MEmorand ' quod A. B. de C. in Com' predict ' Yeoman 1 Die c. Anno c. venit coram me R. H. Armig ' uno Justiciar ' dicti Domini Regis ad pacem in Com' predict ' conservand ' assignat ' apud W. in Com' predict ' securitatem pacis quam habet versus J. S. de c. penitus remisit relaxavit dat' Die Anno supradictis Supersedeas LXXI Lamb. 112 113. Furthermore if a man be bound before a Justice of the Peace to keep the Peace against all the Kings People and to appear at the next Quarter Sessions and do afterwards procure a Supersedeas out of the Chancery testifying that he hath found Surety there against all the Kings People forever this will discharge his Appearance at the Sessions because the granting of this Supersedeas is the act of the King which is the Fountain of Justice and Controleth all other derived Authorities Fitzh 9. Crumpt 139. § 12. 141. b. LXXII Lamb. 113. But if that Supersedeas should testifie that he hath found Surety in the Chancery only until a certain day which day is after those Sessions then Mr. Fitz-herbert thinketh that his Appearance at the Sessions shall not be discharged by the Supersedeas Crumpt 139. § 13. In both these Cases also I would advise the Justice of Peace to send in as well the Recognizance as the Supersedeas if it come to his Hands for peradventure the Recognizance was broken before the Supersedeas purchased or if it were not yet he shall not be excused and the Recognizor never a whit the more endangered thereby LXXIII Lamb. 113 114. Abatement Lastly the death of the King dischargeth the Recognizance of the Peace 1 H. 7. 2. per Curiam so doth the death of the Recognisor and so also doth the death of him at whose suit it was taken if so be that it were made to keep the Peace against him alone Crumpt 140. b. But although the Mainpervors or Sureties dye yet the Recognizance liveth for if the Peace be broken after their deaths their Executors shall be charged with it 21 Ed. 4 40. Crumpt 142. b. Neither in the former Cases is the Recognizance discharged by such death if it were forfeited before and therefore here again my Counsel is to send in the Recognizance to the Custos Rotulorum for otherwise how shall the Justice of Peace be assured that he doth not defraud the King of a forfeiture that was grown unto him Crumpt 141. b. Dalt 177. cap. 71. LXXIV Lamb. 115. Menace If a Man be bound to keep the Peace against A. and do afterwards threaten A. to his face that he will beat him he hath forfeited his Recognizance And an Action of Trespass lieth at the
§ N. 39 Eliz. 3. § N. Ouster le mer. X. 12 Rich. 2. 8. 8. Item it is ordained and assented that they that fain themselves men travailed out of the Realm and there to be imprisoned shall bring Letters Testimonial of the Captains where they were abiding or of the Mayors or Bailiffs where they arrived 21 Jac. 28. § N. Pasports XI 12 Ric. 2. 8. § 1. N. 2. And the same Mayors and Bayliffs shall enquire of such people where and with whom they have dwelled and in what place their dwelling is in England And that the same Mayors and Bayliffs make them Letters Patents under the Seal of their Office testifying the day of their arrival and also witnessing where they have been as they have said 21 Jac. 28. § N. Oath XII 12 Ric. 2. 8. § 1. N. 3. And that the Mayors and Baliffs cause them to Swear that they shall hold their right way towards their Journy except they have Letters Patents under the Kings Great Seal to do otherwise 21 Jac. 28. Pain XIII 12 Ric. 2. 8. § 1. N. 4. And if any such travailed man be found without such Letter as afore is said it shall be done of him as of the said Servants and Labourers and also this Ordinance shall be intended of men travailed that go begging through the Country after their arrival 21 Jac. 2. 8. § N. Appropriation XIV 15 Ric. 2. 6. § 1. N. 2. It is agreed and assented that in every Licence from henceforth to be made in the Chancery of the Appropriation of any Parish Church it shall be expresly contained and comprised that the Diocesan of the place upon the Appropriation of such Churches shall ordain according to the value of such Churches a convenient sum of mony to be paid and distributed yearly of the fruits and profits of the same Churches by those that will have the said Churches in proper use and by their Successors to the Poor Parishioners of the said Churches in aid of their living and sustenance for ever Abbe XV. 2 H. 5. 1. § 1. N. 2. The King c. hath c. ordained and established that as to the Hospitals which be of the Patronage and Foundation of the King the Ordinaries by vertue of the Kings Commissions to them directed shall enquire of the manner and foundation of the said Hospitals and of the Governants and Estate of the same and of all other matters necessary and requisite in this behalf and the Inquisitions thereof taken shall certifie in the Kings Chancery Ordinary XVI 2 H. 5. 1. § 1. N. 3. And as to other Hospitals which be of another Foundation and Patronage than of the King and Ordinaries shall inquire of the manner of the Foundation Estate and Governance of the same and of all other matters and things necessary in this behalf and upon that make thereof correction and reformation according to the Laws of Holy Church as to them belongeth Imprisonment XVII 11 H. 7. 2. Forasmuch as the Kings Grace most intirely desireth among all earthly things the prosperity and restfulness of this his land and his Subjects of the same to live quietly and surely to the Pleasure of God and according to the Laws willing always of his Pity intending to reduce them thereto by softer means than by such extream Rigor therefore provided in a Statue made in the time of Ric. 2. viz. 7 R. 25. considering also the great charges that should grow to his Subjects for bringing of Vagabonds to the Goals according to the same Statute and the long abiding of them therein whereby by likelyhood many of them should loose their lives 19 H. 7. 12. Imprisonment XVIII 11 H. 7. 2. § 1. N. 3. In moderating of the said Statute viz. 7. R. 2. 5. § 1. N. 4. his Highness will by the Authority of this present Parliament it be ordained and enacted that where such misdoers should be by Examination Committed to the Common Goal there to remain as is aforesaid that the Sheriffs Mayors Baliffs high Constables and pety Constables and all other Governours and Officers of Cites Boroughs Towns Townships Villages and other places within three days after this act Proclaimed make due search and take or cause to be taken all such Vagabonds idle and suspect persons living suspitiously and them so taken to set in Stocks there to remain by the space of three days and three nights and there to have none other sustenance but bread and water 21 Jac. 28. § N. and 19 H. 7. 1. 2. § 1. N. 2. XIX 11 H. 7. 2. § 1. N. 3. And after the said three days and three nights Lieu. to be had out and set at large and then to be commanded to avoid the Town and if Eftsoons he be taken in such default in the same Town or Township then to be set in likewise in the Stocks by the space of six days with like dyet as is afore rehearsed 19 H. 7. 12. § 1. N. 5. XX. 11 H. 7. 2. § 1. N. 4. And if any person or persons Charity give any other meat or drink to the said misdoers being in the Stocks in form aforesaid or the same Prisoners favour in their misdoing that then they forfeit for every time so doing twelve pence 19 H. 7. 12. § 1. N. 6. XXI 11 H. 7. 2. § 1. N. 5. And also it is ordained Lieu. c. That all manner of Beggars not able to work within six Weaks after the Proclamation made of this Act go rest and abide in that Hundred where last he dwelled or there where he is best known or born there to remain or abide without begging out of the said Hundred upon pain to be punished as is aforesaid 19 H. 7. 12. § 1. N. 5. XXII 11 H. 7. 2. § 1. N. 8. And that no man be excused by that he is a Clerk of one University or of other Scholars without he shew the Letters of the Chancellor of the University from whence he saith he cometh nor none other calling himself a Souldier Shipman or Travelling man without he bring a Letter from his Captain or from the Town where he landed and that he then be commanded to go the straight High-way into his Country 19 H. 7. 12. § 1. N. 6. XXIII 11 H. 7. 2. § 1. N. 9. And over this it is ordained Officers c. that if any Sheriff or other Officer afore rehearsed execute not the premises as is abovesaid of every Vagabond Hermite or Beggar able to labour or Clerk Pilgrim or Shipman as oft as any such cometh in his sight or that he hath thereof knowledg within the Town where he hath authority rule and governance that as oft as any such of the said Misdoers abiding thereby the space of a day depart unexamined and unpunished as is abovesaid for every misdoer so departed he to lose 12. d. 19 H. 7. 12. § 1. N. 7. XXIV
11 H. 7. 2. § 1. N. 10. And that the Lord of every Leet within this Realm and the Sheriff in his Tourn Leet have Authority to enquire thereof in his Leet and Tourn and the Lord of the Leet to have for every default found as is abovesaid 1 s. 8 d. and the Sheriff to enquire in his Tourn of such escapes within the Jurisdiction of his own and to have 1 s. 8 d. for every such default found in his Tourn 19 H. 7. 12. § 1. N. 11. XXV 11 H. 7. 2. § 1. N. 11. And that the penalty limited by this Ordinance be forfeited by any Officer or any other person Forfeiture for non punishment of Vagabonds and other misruled persons within every City where Mayor and Aldermen be that the profit of every such penalty be unto the Alderman of that Ward where such forfeiture is had or made to his own profit 19 H. 7. 12. § 1. N. 12. XXVI 11 H. 7. 2. § 1. N. 12. And also it is ordained and enacted Distress c. that it shall be lawful to every man intituled to have the penalty to distrain for it in like wise as the Lord of any Leet may do for Amerciaments and Fines had and assessed in the same Leet 19 H. 7. 12. § 1 N. 13. Women XXVII 11 H. 7. 2. § 1. N 14. Provided always that deminution of punishment of Vagabonds and Beggars aforesaid may and shall be had for women great with Child and men and women in extream Sickness by him that hath authority to do the said punishment 19 H. 7. 12. § 1. N. 17. Alen. XXVIII 22 H. 8. 10. For as much as before this time divers and many outlandish people calling themselves Aegyptians using no Craft nor Feat of Merchandise have come into this Realm and gone from Shire to Shire and place to place in great Company and used great subtlety and crafty means to decline the people bearing them in hand that they by Palmestry could tell Mens and Womens fortunes and so many times by Craft and Subtlety have deceived the people of their mony and also have committed many and hainous Felonies and Robberies to the great hurt and deceit of the people that they have come among 1 2 Ph. Mar. 4. Forfeiture XXIX 22 H. 8. 10 § 2. N. 1. Be it therefore c. ordained c. that from henceforth no such person be suffered to come within this the Kings Realm and if they do then they and every of them so doing shall forfeit to the King c. all their Goods and Chattels and then to be commanded to avoid the Realm within fifteen dayes next after the commandment upon pain of imprisonment 39 Eliz. 3. § N. Lamb. 437. Seisure XXX 22 H. 8. 10. § 2. N. 2. And it shall be lawful to every Sheriff Justice of Peace and Escheator to seize to the use of our Sovereign Lord his Heirs and Successors all such goods as they or any of them shall have and thereof to make account to our said Sovereign Lord in his Exchequer Enquest XXXI 22 H. 8. 10. § 2. N. 3. And if it shall happen any such Stranger hereafter to commit within this Realm any Muder Robbery or any other Felony and thereof be Indicted and Arraigned and to plead not Guilty or any other plea tryable by the County that then the Enquest that shall pass between the King and any such party shall be altogether of English-men albeit that the party so indicted pray medietatem Linguae according to the Statute Anno 8 H. 6. viz. 8 H. 6. 29. § N. or of any other Statute thereof made Exile XXXII 22 H. 8. 10. § 3. N. 1. Provided always that the Aegyptians now being in this Realm have monition to depart within sixteen dayes after Proclamation of this Statue amongst them shall be made upon pain of Imprisonment and forfeiture of their goods and Chattels and if they then so depart that then they shall not forfeit their Goods nor any part thereof this present Statute notwithstanding Restitution XXXIII 22 H. 8. 10. § 4. N. 1. Provided always that every such person or persons which can prove by two Credible persons before the same party that seizeth such Mony Goods or Chattels of the same Aegyptians that any part of the same Goods Mony or Chattles were craftily or Feloniously taken or stolen from him shall be incontinently restored unto the same Goods Mony or Chattels whereof he maketh such proof before the same party that so seizeth the same Mony Goods or Chattels upon pain to forfeit to the same party that maketh such proof the double value of the same by action of debt bill or otherwise in any of the Kings Courts to be sued upon which action and suit he shall not be admitted to wage his Law nor any protection or Essoin to be allowed any thing in this Act to the Contrary notwithstanding Seisures XXXIV 22 H. 8. 10. § 5. N. 1. Provided always and be it further Enacted that if any Justice of Peace Sheriff or Escheator which by Authority of this Act have power to take or seize any Goods or Chattells of any Aegyptians at any time hereafter do seize or take the Goods or Chattels of any such Aegyptians that then every such Justice Sheriff or Escheator doing the same shall have keep and retain to his own use the moity of all such Goods so by him seized and of the other moity so by him taken or seized shall make answer and accompt to the King in his Exchequer according to the tenor of this present act any thing in the same act contained to the contrary hereof notwithstanding and that upon any account hereafter to be made for the said other moity of the same Goods the accountant shall pay no manner of fees or other charges for his account or discharge to be had in the Kings Exchequer nor elsewhere XXXV Lambert 2 Cap. 7. pag. 195. 196. Seisure Every Justice of the Peace may within one month after the arrival seize all the Goods of any Outlandish persons calling themselves Aegyptians that shall come into this Realm and may also keep the one moity thereof to his own use making account to the King in the Exchequer for the other moity And every person that can prove by two Credible Witnessess before him that so seizeth that any of those Goods were craftily or feloniously taken from him shall be incontinently restored thereto before the party that so seizeth them upon pain of the double value thereof to be forfeited to such Prover 22 H. 8. 10. § But note that after the Month the offence is made Felony and then it seemeth the King is to have the Goods wholly 1 2 Ph. Mar. 4. § N. XXXVI Lambert 364. 365. And every Justice of the Peace is allowed to retain to his owe use the one moity of all strangers Goods Seisure
1. Provided always that this Act nor any thing therein contained shall be hurtful or prejudicial to the Barons or other Inhabitants of the Five Ports or of their Members neither to any Grant Liberty or Franchis heretofore made by the King c. Or any his Progenitors Kings of England to the said Barons or other Inhabitants their Ancestors or Predecessors or any of them Cinque Ports LXXIII 22 H. 8. 12. § 9. N. 2. And that it be Enacted c. that all and every Mayor and Mayors and Bailiff and Bailiffs Electife and Elected by the Commons and Inhabitants of every Town and place of the said Ports and Members shall have like Authority within every such Town and place where they or any of them be or shall be Mayor or Baliff or Jurate to put or cause to be put this Act in due Execution as the Justices of Peace in any County of this Realm have or shall have Authority and power by this Act to do where they be Justices Cinque Ports LXXIV 22 H. 8. 12 § 9. N. 3. And that the Inhabitants within every Town within the said Ports shall be bounden to the Execution of this Act like as other Inhabitants be without the said Ports upon like pain as is above remembred Cinque Ports LXXV 22 H. 8. 12. § 9. N. 4. And if any person c. which shall Inhabit within the said Five Ports or Members be impotent or other Idle person do hereafter begg without the said Five Ports or Members of the same Contrary to this Act that then every such person shall be ordered and punished according to this Act any thing in this Proviso to the contrary notwithstanding Seals LXXVI 22 H. 8. 12. § 10. N. 1. And it is ordained and Enacted that the Seals above rehearsed shall be made at the costs and charges of the Justices of Peace Mayors Sheriffs Bailiffs and other Officers above written on this side the Feast of the Nativity of Saint John Baptist next comeing that is to say that every of them shall do the said Seals to be made within the limits of their Division Jurisdiction and Authority LXXVII 22 H. 8. 12. § 11. N. 1. And it is also Ordained and Enacted that every Letter to be made by the Authority of this Act License whereby any Impotent Begger shall be authorized and assigned to beg shall be made in this form ensuing LXXVIII 22 H. 8. 12. § 12. N. 1. Kanc ' ss Memorandum that A. B. of Dale License for reasonable considerations is Licensed to beg within the Hundred of P. K. and L. in the said County given under the Seal of that limit tali die anno LXXIX 22 H. 8. 12. § 13. N. 1. And that every such Letter that shall be made and delivered to such Begger or Vagabond License after he hath been Whipped by Authority of this Act shall be made in this wise following LXXX 22 H. 8. 12. § 14. N. 1. Kanc ' ss I. S. Whipped for a Vagrant License strange Begger at Dale in the said County according to the Law 22 day of July in the 23 year of King H. 8. was assigned to pass forthwith and directly from thence to Sale in the County of Middlesex where he saith he was born or where he last dwelled by the time of three years and he is limited to be there within fourteen days next ensuing at his peril or within such number of days as to him shall be limited by the discretion of the maker of the said Letter in Witness whereof the Seal of the limit of the said place of his punishment hereunto is set 39 Eliz. 4. § N. LXXXI 22 H. 8. 12. § 15. N. 1. And it is enacted that every such Letter shall be made at the equal costs of such the said Justices Mayors Sheriffs License Bailiffs or other Officers within whose Jurisdiction Powers and Authorities the said Begger and Vagabond shall be whipped or limited to beg in by Authority of this Act and every such Letter shall be subscribed with the hand of one of the said Justices Mayors Sheriffs Baliffs or other Officers in this form following per me A. B. unum Justiciariorum pacis or Majorem Civitatis or Ballivum villae or Constabularium talis hundredi or else in like form in English LXXXII 22 H. 8. 12. § 16. N. 1. And it is further Enacted Imprisonment that every such person c. As have the Custody of any Goals within any Shire City Borough or Town Corporate on this side the Feast of Saint John the Baptist shall do make a Seal engraven with the name of the Castle Prison or Goal which he keepeth LXXXIII 22 H. 8. 12. § 16. N. 2. And in Case any person Fees c. That at any time after the said Feast of Saint John shall be delivered out of any Goal or Prison for suspitions of Felony by Proclamation or be acquit of any Felony and hath no friends to pay his fees nor was born within the Hundred or place where he shall happen to be so delivered nor can get him no Master there to abide and work with shall have liberty to beg for his fees by the License of his Keeper by the space of six Weeks next after such deliverance and after that to be compelled to go to the Hundred where he was born or last dwelled by the space of three years within such time as shall be limited by one of the Justices of Peace Mayors Seriffs Bailiffs or any Officers where such deliverance shall be had 27 H. 8. 25. 26 § 6. LXXXIV 22 H. 8. 12. § 17. N. 1. And it is enacted that every such person so delivered shall have a Letter made to him by the Clerk of the Peace of the Shire within the which he was delivered License if he be delivered in the Shire and if he be delivered in any City Borough or Town Corporate then he to have a Letter of the Common Clerk of every such City Borough or Town where he is delivered every such Letter witnessing the day of his deliverance and the place where he was delivered and afore whom and the time appointed to him to beg for his fees and the place to which he shall be assigned to repair unto in case he can get no Master to fall to Work where he was delivered and to every such Letter the said Goaler or Keeper of Prison out of the which such person shall be delivered shall put the Seal limited to be made as is aforesaid for the said Prison and that every such Letter shall be made in this wise following License LXXXV 22 H. 8. 12. § 18. N. 1. Essex ' ss the 20 day of July Anno Regni Regis H. 8. 23. I. S. was delivered for Felony out of the Goal of Dale in the said County at the Sessions holden afore A. B. and his Fellows at Sale the day and year aforesaid
the Common-wealth and to lose and forfeit all their Lands and Goods as Felons do in all other cases within this Realm CXIII 27 H. 8. 25. 26. § 13. N. 1. Item It is Enacted Search c. That the Knight Marshal for the time being shall have full power and Authority by vertue of this present act to search do and put in due and plain Execution all and every the contents as well of the aforesaid former Act viz. 22 H. 8. 12. as of this present Act and of and upon all such Rufflers sturdy Vagabonds and valiant Beggers Men and Women as in any wise shall frequent hunt or loyter Masterless and out of service in and about the Court wheresoever the Kings Highness chance to be resiant with his most Honorable Houseshold in any place of this Realm CXIV 27 H. 8. 25. 26. § 14. N. 1. Charity And for the avoiding of such inconveniences and Infections as oftentime have and daily do chance among the people by Common and open Doles and that most commonly unto such Doles many persons do resort which have no need of the same It is therefore Enacted c. that no manner of person c. shall make or cause to be made any such common or open Dole or shall give any ready mony in Alms otherwise than to the common Boxes and Common Gatherings in Every City Town Hundred Parish and Hamlet to and for the putting in plain and due Execution of all and every the good and vertuous intents and purposes contained in this present Act upon pain to lose and forfeit ten times the value of all such ready mony as shall be given in Alms Contrary to the tenor and purport of the same CXV 27 H. 8. 25. 26. § 14. N. 2. And that every person Taxes c. of this Realm Bodies Politique Corporate and others that be bound or charged Yearly Monthly or Weekly to give or to distribute any ready Mony Bread Victual or other sustentation to Poor people in any place within this Realm shall from the Feast of Michaelmas next coming give and distribute the same Mony or the value of all such Bread Victual or sustentation unto such Common Boxes to the intent the same may be imployed towards the relieving of the said Poor Needy Sick Sore and Indigent persons and also towards the setting in work of the said sturdy and idle Vagabonds and valiant Beggers and every of the said person and persons Bodies Politique Corporate and others shall be clearly discharged against all and every other person and persons of and for all manner of Bonds or Grants whatsoever they be for making of any of the said Common Doles or others the foresaid distributions at any time of the year so as the Mony and true value of the same be given unto the Boxes towards the common Alms and relief of the poor people in form aforesaid Account CXVI 27 H. 8. 25. 26. § 15. N. 1. And to the intent that the Mony gathered towards the relief of Poverty as is abovesaid shall be imployed and converted to such charitable uses and behoofs by this present Act limited and no part thereof to be misused by such as shall have the collection thereof it is therefore ordained and enacted c. that the Church-wardens of every Parish calling unto them six or four of their honest Neighbors shall have full power and Authority every Quarter of the year or oftner by their discretions to command every such Collector to appear before them and to render and yield account of all summs of Mony as by them shall be gathered and how and in what manner it was imployed Account CXVII 27 H. 8. 25. 26. § 15. N. 2. And if upon any account it shall be seen perceived or found that any such Collector hath not converted nor employed the Mony by him gathered to such uses and intents as be limited by this Act or to have imbezilled any part thereof that then every such offendor shall be attached and apprehended by them before whom he so shall make account and shall immediatly be brought before a Justice of the Peace if it be in any Shire or before the Mayor or Bailiff if it be in City Borough or Town Corporate which Justice or Mayor or Bailiff shall cause every such offender to be committed to Ward and Prison there to remain unto such time as he shall have fully restored and paid to the Collectors of the said Alms within the Parish where he so offended all such summs of Mony as by him shall be so imbezilled converted or imployed to other uses or intents than by this Act be limited and also till he shall have paid 6 s. 8 d. for a penalty to be converted imployed and distributed to the uses and intents specified and declared in this Act. Incumbent CXVIII 27 H. 8. 25. 26. § 16. N. 1. And it is ordered c. that the Parson Vicar or Parish Priest or some other honest man of every Parish of this Realm without taking or demanding any thing for the same shall keep a Book of reckoning and then shall enter write and make mention from time to time in one place or part of the Book as well of all and every such summs of Mony as shall be gathered by the charitable Alms of the Inhabitants of every of the same Parishes as to make mention in other place of the same Book how upon whom and in what wise any part of the same Mony shall be spent and so from year to year from one year to another year he shall keep a new book the Book to be bought and paid for by the Constable and Church-wardens for the time being of the common Collections and always shall remain in the Custody of two or three of them or of some other indfferent man by their consents and not with the Parson Vicar or Parish Priest Charity CXIX 27 H. 8. 25. 26. § 17. N. 1. Item It is ordered c. that two or three times in every week two or three of every Parish within Cities and Towns Corporate by the assignment and appointment of the Mayor Aldermen Governor Bailiff or Constable some in one week and some another week shall name and appoint certain of the said poor people found of the common Alms to collect and gather broken meats and fragments and the refuse-drink of every Householder within every such Parish which shall be by their discretions distributed evenly among the poor people found of the said common Alms as they by their discretions shall think good Constable CXX 27 H. 8. 25. 26. § 18. N. 1. Item It is ordered c. that all and every Bailiff Constable Church-wardens and other the Collectors of the said Alms which shall at any time forbear their own business and labor and shall travail or take any pains in and about the Execution of any part of this present Act shall have and take for his and
their so doing such competent wages of the Mony of the said common Collections as by the discretion of the Mayor Aldermen Governor Bailiff or Justices of Peace and others of the Parish shall be thought good and reasonable which shall be appointed to them from time to time always at the making of their accounts before the whole Parish aforesaid CXXI 27 H. 8. 25. 26. § 19. N. 1. Item Charity The Mony of all and every the aforesaid free and Charitable Collections shall be kept in the common Coffer or Box standing in the Church of every Parish or else shall be committed into the hands and safe custody of any other such good and substantial trusty man as they can agree upon where they shall think it always sure and safe and where it may be surely delivered unto the uses before expressed from time to time as necessity shall require making always mention thereof in two several places of the said book as it is before declared as often times as any part thereof shall be spent or gathered CXXII 27 H. 8. 25. 26. § 20. N. 1. Item It is ordered Days c. That the Inhabitants of every Parish of this Realm shall begin to make the foresaid free Charitable and Godly Collections and Gatherings in every Sunday and Holiday next after the day of Saint John Baptist next coming and so shall continue yearly unto the last day of the next Parliament and every Parish making default and not putting all and every the premisses in due and perfect Execution according to their power behaviors and discretions shall lose and forfeit 20 s. for every Month in which it is omitted and undone CXXIII 27 H. 8. 25. 26. § 20. N. 2. And all Justices of Peace in every County and Liberty of this Realm Justices shall have full power and Authority by vertue of this present act to enquire hear order and determine all and every the premisses in manner and form and to all intents as it is before declared CXXIV 27 H. 8. 25. 26. § 21. N. 1. Finally it is ordained Continuance c. that this present Act shall begin to take effect and to be put in Execution with the aforesaid former Act viz. 22 H. 8. 12. the morrow after the day of Saint Michael the Arch-Angel next coming and shall continue unto the last day of the next Parliament 31 H. 8. 7. CXXV 27 H. 8. 25. 26. § 21. N. 2. Forfeiture And that the one moity of all and every the Forfeitures aforesaid shall be to the use of the common box to the relief of the Poor Decrepit Sick and Indigent and Impotent people being within any City Town Hundred or Parish where any such offence is committed and the other moity to him or them that will sue for the same by Bill Action of Debt Plaint or otherwise in any Court of Record or Court Baron of this Realm in which Action no wager of Law Essoyn or Protection shall be allowed CXXVI 27 H. 8. 25. 26. § 22. N. 1. Charity Provided always that this present Act shall not be hurtful or prejudicial unto any person or persons for giving or sending any ready mony or of any fragments or broken meat or drink unto any person or persons Inhabited within the Parish where he dwelleth or to any persons but that they and every of them of their Charity may use send order give and dispose the same to any person or persons aforesaid as they will themselves either within their own Houses or else where any thing contained in this present Act to the contrary in any wise notwithstanding CXXVII 27 H. 8. 25. 26. § 23. N. 1. And be it further Enacted Certificat c. That they which by the Authority of this Act shall cause the Ears of any offendor to be cut off in form before mentioned shall certifie in writing indented under their Seals at the next General Sessions of the Peace that shall be kept in any City Town Borough or Shire unto the Clerk of the Peace of the same City Town or Shire the names of all such as shall fortune to have their Ears cut off for the causes beforesaid and of the time and place of doing the same and if they fail and make default this to do by the space of one month that then they shall forfeit for every month so offending 40 s. Church wardens CXXVIII 27 H. 8. 25. 26 § 24. N. 1. And be it further Enacted c. That no Church-warden Collector or Collectors of any the foresaid charitable Alms shall continue in his or their said Offices and Rooms above the space of one whole year Charity CXXIX 27 H. 8. 25. 26. § 24. N. 2. And that in all Cities Boroughs Towns and Parishes of this Realm the overplus of all and all manner of Collections of the Rich and Wealthy Parishes within any of the same Cities Boroughs Towns Hundreds Lathes Rapes and Wapentakes from time to time shall be ordered and distributed for and towards the sustentation of the charges of other poor Parishes near and within any of the same Cities Boroughs Towns Hundreds Lathes Rapes and Wapentakes by the discretion from time to time of the Mayor Aldermen Baliffs Governors Justices of Peace and high Constable of the same Constable CXXX 27 H. 8. 25. 26. § 25. N. 1. Provided alwais that in such Cities Towns Hundreds Wapentakes Lathes Rapes Ridings Tythings Hamlets and Parishes where the voluntary and unconstrained Alms and Charity of the Parishioners or people which by this Act shall be contributory to such Alms and with such Mony as shall be added and given to the same from any Monasteries or other persons bodies Politick Corporate or other will not suffice to the sustentation of the poor needy and indigent people being within the limits of such contribution neither the Mayors Aldermen Sheriffs Bailiffs Constables or other head Officers Householders Ministers or Inhabitants of the same in particular ne also the whole of them in general shall incurre or run into the said forfeiture danger or penalty of 20 s. for every Month ne any of them to be constrained to any such certain contribution but as their free wills and Charities shall extend otherwise than that the persons thereunto appointed by this Act shall well and truly distribute according to the purport of the same the said Charity and Alms that shall come to their hands of voluntary gift upon the penalties in this Act for the same provided any Clause Sentence or Words in the same Act being or founden to the Contrary thereof notwithstanding Charity CXXXI 27 H. 8. 25. 26. § 26. N. 1. Provided also it shall be lawful to all Noblemen and other keeping Houses their Almoners Servants Officers and Ministers to give in Alms the Fragments or broken Meat or Drink of the same as well to poor and indigent people of other Parishes as of the same Parishes where such House
Statutes of this Relam have not been put in due Execution and partly also by reason of the multitude of the same the extremity of some whereof have been occasion that they have not been put in ure 5 Eliz. 3. § 1. N. 6. CXCVI. 3 4 Ed. 6. 16. § 1. N. 2. Therefore and for divers good considerations it is Enacted c. that the Statute Villenage c. viz. 1 Ed. 6. 3. § 2. N. 3. concerning idle persons and Vagabonds in certain cases to be made Slaves c. and all and every Article matter proviso branch and sentence therein contained shall be from henceforth utterly repealed made frustrate void and of none effect 21 Jac. 28. § 11. N. 28. 69. CXCVII 3 4 Ed. 6. 16. § 2. N. 1. And that the Statute Continuance c. viz. 22 H. 8. 12. And every matter article proviso branch and sentence therein contained to be from henceforth revived made good and stand in full strength and vertue and shall continue and remain a perfect Act of Parliament for ever CXCVIII. 3 4 Ed. 6. 16. § 3. N. 1. And be it therefore Enacted Justices c. that all Justices of Peace and every of them within the limits of their Commission and the Mayors Sheriffs Bailiffs and other Officers within their several rules and offices shall within their several limits assemble together and make their several division according to the purport and effect of this Act at the next general Quarter Sessions of the Peace to be holden after the Feast of Easter next to come for the due speedy and diligent Execution of the same Act viz. 22 H. 8. 12. CXCIX 3 4 Ed. 6. 16. § 3. N. 2. And that if any such aged or impotent person after the Feast of Easter next to come Ability shall offend contrary to this Estatute that then the said offender shall be used and punished as in the same Estatute c. viz. 22. H. 8. 12. § N. is provided CC. 3 4 Ed. 6. 16. § 3. N. 3. And that before the Feast of Easter Pain no punishment shall be put in Execution against any such Impotent Lame and Aged person but only by the discretion of the next Justice of Peace of the same Shire where such offender shall be apprehended any thing in said Act viz. 22 H. 8. 12. to the contrary notwithstanding CCI. 3 4 Ed. 6. 16. § 4. N. 2. Be it Enacted Husbandry c. that such common laborers viz. in Husbandry being persons able in body using loytering and refusing to work for such reasonable wages as is most commonly given in the parts where such persons shall dwell shall be for every such times as he or they refuse to labor having reasonable wages as is aforesaid adjudged Vagabonds and shall be punished as strong and mighty Vagabonds in such manner and form as is declared in the said Act viz. 22 H. 8. 12. § N. Cottages CCII. 3 4 Ed. 6. 16. § 4. N. 4. Be it Enacted c. that all and singular Mayors Sheriffs Bailiffs Constables or other Head-Officers of any City Town or Village to which such resort is or shall be shall before the Feast of the Purification of our Lady next following see all such Idle Impotent Maihmed and Aged persons who otherwise cannot by their discretions be taken for Vagabonds which were born within the said City Town or Village or have been there most conversant and abiding by the space of three years and now decayed bestowed and provided for of the Tenantries Cottages or other convenient Houses to be Lodged in at the costs and charges of the said Cities Towns and Boroughs and Villages there to be relieved and cured by devotion of Good people of the said City Borough Town or Village 1 Ed. 6. 3. § 13. N. 2. Continuance CCIII 3 4 Ed. 6. 16. § 9. N. 1. And be it further Enacted c. that all and every Statute and Act of Parliament made for punishment of Vagabonds Slaves Aged and Impotent persons or any of them and every Article Sentence Clause or Proviso therein contained other than this pre-present Act and Statute made and the said Act c. viz. 22 H. 8. 12. shall be from henceforth utterly void repealed and of no effect or force Records CCIV. 3 4 Ed. 6. 16. § 11. N. 2. And the said Judgment viz. 1 Ed. 6. 3. § 7. N. 3. 4. shall be entred by the Clerk of the Peace in the said Sessions in form following Memorandum that at the Sessions of the Peace holden at or on the day c. one J. B. of the Town of J. had delivered to him according to the form of the Statute in that case provided B. D. esteemed to be of the age of seaven or eight years to be ordered according to the form of the said Statute Infant CCV 3 4 Ed. 6. 16. § 12. N. 1. And if it shall fortune such Child so adjudged to run away at any time once or more times from his or her Master or Mistres that then it shall be lawful for every such Master or Mistres to take the said Child again and to keep and punish the said Child in the Stocks or otherwise by discretion or otherwise at the liberty of such Master or Mistres to have a Warrant from any Justice of Peace in the same Shire where the Child so runs away for such Child running away or going away as is provided by the Statute of Laborers viz. 12 Ric. 2. 3. for such Servants as depart away from their Master or Mistres without a reasonable cause before the end of their terme 1 Ed. 6. 3. § 7. N. 5. Justices CCVI. 3 4 Ed. 6. 16. § 13. N. 1. And that every Justice of Peace shall by force of this Act have Authority and power to make such warrant against every such person so going and runing away in like form as they or any of them may do against any Servant departing out of his Masters service without License or reasonable cause and by force of the same Warrant the Child so running or going away to be taken and ordered in every degree as is provided by the said Statute c. viz. 12 Ric. 2. 3. as is aforesaid Apprentice CCVII. 3 4 Ed. 6. 16. § 14. N. 1. And be it further Enacted c. that if and as often as it shall chance the Father Mother Nource or other bearer about of the Child or any other person or persons to steal or intice away any such Child adjudged for a Servant as is aforesaid that then and so often it shall be Lawful for the Master or Mistres of the same Child to be at his or their liberty to take an action upon the Statute of laborers viz. 12 Ric. 2. 3. against every such person so stealing or Inticing away such Child as he or they might have by reason of the said
Statute c. against him or them that retains any mans Servant out of his service before the end of the said term or else to take an Action of Trespas against such offender in which Action he shall recover his dammages and treble costs of his suit CCVIII 3 4 Ed. 6. 16. § 15. N. 1. Provided always Justices and be it Enacted c. that if the Master or Mistres to whom such Child as is aforesaid shall be adjudged to be Servant be unreasonable in ordering and bringing up of such Child that then at all times upon complaint made at the General Quarter Sessions of the Peace in the County where the said Child shall be by two honest Neighbours of the same place or Town where the same Child shall fortune to be so unreasonably ordered if it shall appear by honest witness to the Justices of Peace at the same Sessions the complaint thereof made shall be true then the Justices of Peace at their General Sessions in the same Shire where such complaint shall be made shall by virtue of this Act have Authority and power to discharge the said Child from his or their unreasonable Master or Mistres CCIX. 3 4 Ed. 6. 16. § 15. N. 2. And appoint the same to some other honest Master or Mistres unto the said ages Infant to be ordered in every degree as the said Child should have been with his former Master or Mistres and that order and appointment to be written in the book of the Clerk of the Peace CCX 3 4 Ed. 6. 16. § 15. N. 3. For the which entry the said Clerk of the Peace shall have 4 d. for his labor and not above Fees and in like manner shall have 4 d. and not above for the first entry of the Child to be servant as is aforesaid to be paid by the Master or Mistress of the said Child CCXI. 3 4 Ed. 6. 16. § 16. N. 1. Provided always and be it Enacted Women c. that if the Woman Child to be appointed a Servant as is aforesaid be Marryed before the Age of 12 years that then by the Marriage she shall be discharged of service this Act or any thing therein contained to the contrary notwithstanding 1 Ed. 6. 3. § 18. N. 2. CCXII. 5 6 Ed. 6. 2. § 1. N. 2. Be it Enacted Continuance c. that as well the Statute c. viz. 22 H. 8. 12. as also the Statute c. viz. 3 4 Ed. 6. 16. and every Article Clause Branch Sentence and other thing contained in them and in every of them other then such things as shall be by this present Act ordained and provided for shall stand remain and be in their full force and effect and shall be from henceforth justly and truly put in Execution according to the true meaning of the said several Statutes and every of them CCXIII. 5 6 Ed. 6. 2. § 2. N. 1. And further be it Enacted Assembly c. that yearly one Holyday in Whitsunday week in every City Borough and Town-Corporate the Mayor Bailiffs or other head Officers for the time being and in every other Parish of the Country the Parson Vicar or Curate and the Church-wardens having in a Register book as well all the Names of the Inhabitants and Householders as also the Names of all such Impotent Aged and Needy persons as being within their City Borough Town-Corporate or Parish are not able to live of themselves shall openly in the Church and quietly after Divine Service call the said Householders and Inhabitants together CCXIV. 5 6 Ed. 6. 2. § 2. N. 2. Among whom the Mayor Overseers and two of his Brethren in every City the Bailiffs or other Head-Officers in Boroughs and Towns-Corporate The Parson Vicar or Curate and Church-wardens in every other Parish shall elect nominate and appoint yearly two able persons or more to be Gatherers and Collectors of the charitable Alms of all the residue of the People for the releif of the Poor Taxes CCXV 5 6 Ed. 6. 2. § 2. N. 3. Which Collectors the Sunday next after their Election or the Sunday following if need require when the people is at the Church and hath heard Gods holy Word shall gently ask and demand of every man and woman what they of their charitable Will will be contented to give weekly to the releif of the Poor and the same to be written in the said Register or Book Charity CCXVI 5 6 Ed. 6. 2. § 2. N. 4. And the Gatherers so being elected and chosen shall justly gather and truly distribute the same charitable Alms weekly by themselves or their Assigns to the said poor and impotent persons of the said Cities Boroughs Towns Corporate or Parishes without Fraud or Covin Favour or Affection Alms. CCXVII 5 6 Ed. 6. 2. § 2. N. 5. And after such sort that the more Impotent may have the more help and such as can get part of their living to have the less and by the discretion of the Collectors to be put in such labor as they be fit and able to do Beggers CCXVIII 5 6 Ed. 6. 2. § 2. N. 6. But none to go or sit openly a begging upon pain limited in the foresaid Statutes viz. 22 H. 8. 12. 3 4 Ed. 6. 16. Officer CCXIX. 5 6 Ed. 6. 2. § 3. N. 1. Be it also Enacted c. that no person or persons so elected nominated and appointed to be Gatherer or Gatherers as is aforesaid shall refuse the said Office but shall justly and truly execute the same by the space of one whole year next ensuing upon pain of forfeiting 20 s. to the Alms box of the Poor to be levyed by the Church-wardens where they or he dwelleth of the Goods of the said Gatherer or Gatherers Account CCXX 5 6 Ed. 6. 2. § 4. H. 1. And further be it Enacted c. that the said Gatherers or Collectors shall make their just Account Quarterly to the Mayor of the City Bailiffs or Head-Officers of the Borough or Town Corporate and in every Parish of the Country to the Parson Vicar or Curate and Church-wardens of the Parish Account CCXXI 5 6 Ed. 6. 2. § 4. N. 2. At which Account such of the Parish as will may be present Arearges CCXXII 5 6 Ed. 6. 2. § 4. N. 3. And when they go out of their Office they shall deliver or cause to be delivered forthwith upon the end of their Accounts all such Surplusage of Mony as then shall remain of their Collections undistributed to be put in the common Chest of the Church or in some other safe place to the use of the Poor at the oversight and discretion of the said Mayor or other the Officers before mentioned Account CCXXIII. 5 6 Ed. 6. 2. § 4. N. 4. And if the said Collectors or any of them do refuse to
having Licence of the next two Justices of the Peace Licence to the place where they first hapned to Land or where they first entred into this Realm shall and may pass according to the purport of their Licence and intent of this Act of Parliament any thing herein contained to the contrary in any wise notwithstanding CCCIII. 14 Eliz. 5. § 10. N. 1. Be it also further provided that no Licence recited in this Statute shall give any manner liberty Licence or be of any manner force but only in the Shire whereof the grantor or grantees of such Licence shall be Justice or Justices of Peace CCCIV. 14 Eliz. 5. § 10. N. 2. Wherefore if the said party Licenced will have any further passage without the danger of this law Licence than the Shire where his first Licence is granted it shall be lawful for him to procure and get in every other Shire where he intendeth to pass one other Licence from two Justices of the Peace of the said Shire and so from Shire to Shire to the end of his Journy CCCV 14 Eliz. 5. § 10. N. 3. Be it also provided that this Act Husbandry nor any thing therein contained do in any wise extend to any Cockers or Harvest Folks that travail into any Country of this Realm for harvest work either Corn Harvest or Hay-Harvest if they do work and labor accordingly CCCVI 14 Eliz. 5. § 10. N. 4. Neither yet to any that hapneth to be robbed or spoiled by the way Robbery CCCVII 14 Eliz. 5. § 10. N. 11. Neither yet to any Serving-men Apprentice that be of honest behavior that be turned from their Masters or whose Master or Mistres shall be dead for the space of six months next after such turning away or death of such Master or Mistres so as every such Serving-man hath a testimonial from his Master or Mistres or from two Justices of the Peace of the same County declaring such turning away or such death of his Master or Mistres CCCVIII 14 Eliz. 5. § 11. N. 1. Provided always that it shall be lawful to the Lord Chancellor or Lord Keeper of the Great Seal of England Licence for the time being to make Licence under the said Great Seal as heretofore hath been accustomed and that the said Licence and Licences shall as largly extend as the contents of them will bear any thing herein to the contrary in any wise notwithstanding CCCIX 14 Eliz. 5. § 12. N. 1. Provided always and be it further Enacted Ouster le mers c. that this present Act or any thing therein contained shall not extend to make frustrate or void any safe Conduct Pasport or Licence made and granted or to be made and granted by the Lord Deputy of Ireland or by the Lord Governor of the Towns and Garrisons of Berwick or Carlile for time being or any other Chief Captain or Governor of any Castle or Fortress of the Queens Majesties or by any other in his or their absence having the said charge of the said Towns and Garrisons or by any of the Guardians of the three Marches towards Scotland or by any General Lieutenant or other Chief-Officer appointed by the Queens Majesty to have the charge and conduct of any Army Garrison or Power of men levyed or to be levyed by her Highness order and appointment and for the special service and affairs of Her Majesty her Heirs or Successors or by any Private Captain upon the dispersing of any Army only to any Souldier or Souldiers or any other person or persons whatsoever within this her Realms of England and Ireland passing by vertue thereof about his or their lawful business and affairs but that he or they shall and may quietly without any let or disturbance enjoy the benefit effect and true meaning thereof in as large and ample manner and form as heretofore hath been used and accustomed any thing in this present Act mentioned to the contrary in any wise notwithstanding Infant CCCX 14 Eliz. 5. § 13. N. 1. Provided always that this present Act or any thing therein contained shall not in any wise extend to the punishment of any such person or persons as by this Statue are limited for Rogues unless the same be of the age of fourteen years or above but that they and every of them under the age shall be punished with whipping or stocking as heretofore hath been used and appointed by the Laws and Statutes in that case provided and now repealed this Act or any thing therein contained to the contrary hereof in any wise notwithstanding Constable CCCXI. 14 Eliz. 5. § 14. N. 1. And it is further Enacted c. that if within any Town or Parish where any such Vagabond or Rogue shall happen to beg or make his abode contrary to the form of this Statute if the Constable or Tything-men be negligent and do not his or their best endeavour for the apprehension of such Vagabond or Rogue which there shall beg or make abode contrary to the form in this Statute limited or shall willingly suffer the said Vagabond or Rogue to escape from the punishment or order in this Statute prescribed that then the said Constable or Tything-men in whom such default shall be shall lose and forfeit for every such Vagabond and Vagrant person that shall be so suffered to beg or make abode within his Authority contrary to the form of this Statute 6 s. 8 d. Cottages CCCXII 14 Eliz. 5. § 14. N. 2. And forasmuch as Charity would that Poor Aged and Impotent persons should as necessarily be provided for as the said Rogues Vagabonds and sturdy Beggers repressed and that the said aged impotent and Poor people should have convenient Habitations and abiding places throughout this Realm to settle themselves upon to that end that they nor any of them should hereafter beg or wander about Justices CCCXIII. 14 Eliz. 5. § 14. N. 3. It is therefore Enacted c. that the Justices of Peace of all and singular the Shires of England and Wales within the limits of their Commissions and all other Justices of the Peace Mayors Sheriffs Bailiffs and other Officers and all and every City Borough Riding and Franchise within this Realm whereof they be Justices of the Peace within the limits of their Authority shall at or before the said Feast of Saint Bartholomew next coming divide themselves and so being divided shall within every of their several divisions and Authorities make diligent search and enquiry of all Aged Poor Impotent and decayed persons born within their said divisions and limits or which were there dwelling within three years next before this present Parliament which live or of necessity be compelled to live by Alms of the Charity of the people that be or shall be abiding within the limits of their Commissions and Authorities CCCXIV 14 Eliz. 5. § 14. N. 4. And shall upon that search made Records make a Register-Book
allowed Account CCCXXXI 14 Eliz. 5. § 18. N. 1. And further be it Enacted that the said Collectors and every of them so to be chosen as is aforesaid shall make their just account half yearly of their said Collecting and gathering to two Justices of the Peace dwelling next to the said abiding place or places not being within any City Borough or Town-Corporate or to the Mayor Sheriffs or other Chief-Officers of the said Cities Boroughs or Towns-Corporate CCCXXXII 14 Eliz. 5. § 18. N. 3. And when they go out of their Offices Account they shall deliver or cause to be delivered forthwith upon their accounts all such surplusages of their Collection and gathering as shall then remain undistributed to be ordered by the said Justices Mayors Bailiffs or other Head-Officers upon the said pain of 10 l. CCCXXXIII 14 Eliz. 5. § 18. N. 4. If any such Collector shall refuse to make his said account Imprisonment or neglect the same by the space of fourteen days after request to him therefore made then the said two Justices or one of them to commit the said Collector to the next Goal for the said County there to remain without Bail or mainprise till he have made his said account and immediate payment and delivery of all such surplusages as he hath received CCCXXXIV 14 Eliz. 5. § 19. N. 1. And be it further Enacted Taxes that if any person or persons being able to further this Charitable work will obstinately refuse to give towards the help and relief of the said Poor people or do wilfully discourage others from so charitable a deed the said obstinate person or wilful discourager shall presently be brought before two Justices of the Peace whereof one to be of the Quorum of the same County to show the cause of his obstinate refusal or wilfull discouragment and to abide such order therein as the said Justices shall appoint if he refuse so to do then to be committed to the next Goal for the said Shire there to remain until he be contented with their said order and do perform the same CCCXXXV 14 Eliz. 5. § 20. N. 1. And it is also further Enacted that if any of the said aged and impotent persons not being so diseased Laborers lame or impotent but that they may work in some manner of work shall be by the Overseers of the said abiding place appointed to work if they refuse then in form aforesaid to be whipped and stocked for their first refusal and for their second refusal to be punished as in case of Vagaboncy in the first degree of punishment CCCXXXVI 14 Eliz. 5. § 21. N. 1. Provided always and be it further Enacted c. that three Justices of the Peace Justices whereof one to be of the Quorum of and with the surplusages of the said Collections and forfeitures the said Poor and Impotent people satisfied and provided for shall by their discretions in such convenient place and places within their said Shires as they shall think meet place and settle to work the Rogues and Vagabonds that shall be disposed to work born within their said Counties or there abiding for the most part within the said three years there to be holden to work by the oversight of the said Overseers to get their livings and to live and to be sustained only upon their labor and travail CCCXXXVII 14 Eliz. 5. § 22. N. 1. Be it also further Enacted Apprentice c. that if any Beggers Child being above the age of five years and under fourteen years being Male or Female shall be liked of by any Subject of this Realm of honest calling who shall be willing to take the said Child into service the said Subject shall at the next General Sessions to be holden for the said County by order of the Justices there or the most part of them have the said Child bound with him if it be a Man Child till the age of twenty four years if it be a Woman Child till the age of eighteen years CCCXXXVIII 14 Eliz. 5. § 22. N. 2. If the Child do after depart or be taken or be enticed from the said Master or Mistres Infant to have their remedy by order of laborers viz. 23 Ed. 3. 2. either by way of Action or otherwise as well against the Child as against the taker or inticer thereof Forfeiture CCCXXXIX 14 Eliz. 5. § 23. N 1. Be it also enacted c. that all the forfeitures appointed or to grow by this Statute except the forfeitures of Justices of Peace shall wholly go and be imployed to the use of the Poor aforesaid and shall be levyed by distress by the discretion of the Justices of the same County or two of them or other Head-Officers aforesaid Justices CCCXL 14 Eliz. 5. § 23. N. 3. And that the Justices of Peace in all Shires of England shall in their Quarter Sessions next after Easter yearly Examine the performance or not performance of this Statute according to the tenor thereof as they are bound to do the Statute of Laborers viz. 23 Ed. 3. c. And at their said Sessions shall yearly appoint new Collectors and new Overseers for the causes aforesaid and shall then also agree upon new views and searches of the said Impotent people within every their limits for the year following if need shall be and further at their said Sessions shall take order by their good discretions for all and every thing and things that may in any ways further the intent of this Act. Justices CCCXLI 14 Eliz. 5. § 24. N. 1. And be it further Enacted c. that three Justices of Peace within all the Shires of this Realm whereof one to be of the Quorum shall have full power by Authority of this present Parliament to hear and determine all causes except forfeitures of Justices of Peace that shall come in question by reason of this present Act. Alms. CCCXLII 14 Eliz. 5. § 25. N. 1. Provided also that forasmuch as it is thought that the Inhabitants of divers Counties Cities and Towns within this Realm be not able to relieve the Poor Lame and Impotent persons with mony to be Collected in manner and form aforesaid and that it were overgreat a burthen to the Collector for to gather Meat Drink Corn or other things for their relief to be imployed and bestowed in form aforesaid Licence CCCXLIII 14 Eliz. 5. § 25. N. 2. Therefore it is further Enacted that it shall be lawful to and for the Justices of Peace in their open Sessions of the Peace or for the most part of them there assembled within any the Counties Cities or Towns of this Realm where Collections of mony cannot presently be had as this present Act willeth and appointeth to grant Licence under their Hands and Seals to such and so many of the said Poor and Impotent or diseased persons or to any other person or persons to be by the
that the said Vagabonds and other lewd persons before recited shall upon their apprehension be committed to the common Goal of the same Shire where they are so taken and apprehended and that in the most Shires of this Realm the Common-Goals are in such Towns where there be a great number of Poor people more than they are well able to sustain with their relief and in some Shires the Assizes are kept far distant from the place where the Common-Goals are by reason whereof the said Prisoners are like to famish for want of sustenance if they be not therefore provided Sessions CCCLXVIII 14 Eliz. 5. § 37. 2. N. 1. For remedy wherof be it therefore Enacted c. that it shall and may be lawful for the Justices of Peace of every Shire within this Realm at their General Quarter-Sessions of the Peace to be holden within the same Shires or the most part of the said Justices being then present to Rate and Tax every Parish within the said Shires at such reasonable summs of mony for and towards the relief of the said Prisoners as they shall think convenient by their discretions so that the said Taxation and rate doth not exceed above 6 d. or 8 d. by the week out of every Parish Church-wardens CCCLXIX 14 Eliz. 5. § 37. 2. N. 2. And that the Church-wardens of every Parish within this Realm for the time being shall every Sunday levy the same and once every Quarter in the year pay to the High-Constables or Head-Officers of every Town Parish Hundred Riding or Wapentake within this Realm all such summs of mony as their Parish shall berated and taxed for and towards the relief of their said Prisoners within their said several Parishes Lambert 467. 468. Constable CCCLXX 14 Eliz. 5. § 37. 2. N. 3. And that the said High-Constables and Head-Officers and every of them shall pay all such summs of mony so to them paid by the said Church-wardens at every General Quarter Sessions to be holden within the said several Shires to such sufficient persons dwelling nigh the said Goals as shall be appointed by the said Justices in their said open Quarter Sessions to be there ready to receive the said mony so Collected as is aforesaid Imprisonment CCCLXXI 14 Eliz. 5. § 37. 2. N. 4. And that the Collectors for the said Prisoners shall weekly distribute and pay all such summs of mony as they and every of them shall receive for the relief of the said Prisoners as aforesaid Church-wardens CCCLXXII 14 Eliz. 5. § 37. 2. N. 5. Upon pain as well the said Church-wardens of every Parish Constables and Head-Officers of every Hundred or Wapentake as also the said Collectors appointed for the Collection and contribution of the said Prisoners so making default as is aforesaid to forfeit 5 l. the one moity therereof shall be to the use of the Queens Majesty her Heirs and Successors and the other moity to the relief of the Prisoners any Statute law custom use or other thing to the contrary in any wise notwithstanding Corporation CCCLXXIII 14 Eliz. 5. § 38. 3. N. 1. Provided always that the Justices of Peace within any County of this Realm or Wales shall not intromit or enter into any City Borough Place or Town-Corporate for the Execution of any Branch Article or Sentence of this Act for or concerning any offence matter or cause growing or arising within the Precincts Liberties or Jurisdictions of such City Borough Place or Town-Corporate but that it shall and may be lawful to the Justice and Justices of the Peace Mayor Bailiffs and other Head-Officers of those Cities Boroughs Places and Towns-Corporate where there be Justice or Justices to proceed to the Execution of this Act within the precinct and compass of their Liberties in such manner and form as the Justices of Peace in any County may or ought to do within the same County by vertue of this Act any matter or thing in this Act expressed to the Contrary thereof notwithstanding CCCLXXIV 14 Eliz. 5. § 39. 4. N. 1. And that every Justice and Justices of Peace within every such City Borough Justices Place and Town-Corporate for every offence by them or any of them to be committed contrary to the intent and meaning of this Statute shall be punishable and chargeable as other Justices of Peace at large in the Counties are by this Act above appointed to be CCCLXXV 14 Eliz. 5. § 40. N. 1. Provided always and be it further Enacted c. that if it shall chance any City or Town Corporate Corporation to have in it more Poor folks than the Inhabitants thereof shall be able to relieve that in such case upon Certificate thereof made and of the number and names of persons with which they be so surcharged unto the Justices of Peace of the County in which such City or Town-Corporate shall lie and be Situate at their Quarter Sessions of the Peace by two Justices of Peace of the said County and the Mayor or other Head-Officer of the same City or Town-Corporate the Justices may by their discretions in the same Sessions take order appoint and cause the same Poor folks so Certified to be provided for and be relieved by giving of Licence to beg or otherwise in some other place or places of the said County out of such City or Town-Corporate so surcharged CCCLXXVI 14 Eliz. 5. § 41. N. 1. Provided always that this Act or any thing therein contained shall not extend to the Poor people Hospitals for the time being in the Hospital called Saint Thomas Hospital otherwise called the Kings Hospital in the Borough of Southwark near adjoyning to the City of London but that the Mayor Commonalty and Citizens of the said City of London for the time being shall and may only have the rule order and Government of the said Hospital and of the Poor people therein for the time being any thing in this Act to the contrary notwithstanding CCCLXXVII 14 Eliz. 5. § 42. N. 1. Provided alway that this Act or any thing therein contained or any Authority thereby given Games shall not in any wise extend to disinherit prejudice or hinder John Dutton of Dutton in the County of Chester Esq his Heirs or Assigns for touching or concerning any Liberty Previledge Preheminence Authority Jurisdiction or Inheritance which the said John Dutton now lawfully useth or hath or lawfully may or ought to use within the County Palatine of Chester and the County of the City of Chester or either of them by reason of any Ancient Charters of any Kings of this Land or by reason of any prescription or other lawful usage or title whatsoever CCCLXXVIII 14 Eliz. 5. § 43. N. 1. This Act to indure for seven years and from thence to the end of the next Parliament Continuance then next following 18 Eliz. 3. § 14. N. 1. Crompt 97. b. CCCLXXIX Crompt 154. b. Nor shall Bail be received
at the least with sufficient sureties to the good behaviour for that his so long obstinacy besides the other Penalties 23 Eliz. 1. § 5. N. 2. Crompt 13 b. 144. Justices C. Lambert 197. Any Justice of Peace within the County in which any Jesuit Seminary Priest or other Priest Deacon or Religious or Ecclesiastical Person mentioned in this Statute shall arive or land may within three days after take the Submission Oath and Acknowledgment of him touching his Obedience to the Kings Majesty and to his Laws and Ordinances provided in Cases of Religion 27 Eliz. 2. § 10. N. 1. supra Dalt 104. cap. 45. Notice CI. Lambert 197. 198. And every Subject having understanding that any such Jesuit Seminary Priest or other the abovesaid shall be within any the Kings Dominions contrary to the meaning of this Statute ought to discover the same to some Justice of Peace or other higher Officer within twelve days after such his knowledge under the pain of a Fine and Imprisonment and that Justice of Peace ought within 28 days after such discovery made unto him to give Information thereof to one of the Kings Privy Council under the pain of CC Marks 27 Eliz. 2. § 13. N. 1. Crompt 45. Dalt 104 105. cap. 45. Forfeiture CII Lambert 198. The Party that doth first discover to any Justice of Peace any Recusant or other entertaining or relieving any Jesuit Seminary or Popish Priest or any Mass to have been said and any of them that were present thereat within three days after the Offence and by reason of his discovery any the Offenders be taken and Convicted shall be freed from danger of the Offence if he be an Offender therein and have the third part of the Forfeiture by such Offence 3 Iac. 5. § 1. N. 3. Dalt 105. cap. 45. Oath CIII Lambert 333 334. Any two Justices of Peace may require any Popish Recusant not making Submission according to this Statute to abjure the Realm upon his Corporal Oath before them 35 Eliz. 1. § 2. N. 1. Dalt 104. cap. 45. infra Justices CIV Lambert 334. Any two Justices of Peace of the County where he shall arive may take the Submission of a Person reconciled to the See of Rome within six days after such persons return into this Realm and minister the Oath 1 Eliz. 1. § 19. N. 4. of Supremacy and of Allegiance and are to certifie the same Oaths so taken at the next Quarter-Sessions upon pain of Forfeiture of Forty pounds 3 Iac. 4. § 24. N. 1. Process CV Lambert 334. Any two Justices of Peace may search the Houses and Lodgings of every Popish Recusant Convict or of every person whose Wife is a Popish Recusant Convict for Popish Books and Relicks of Popery And if any Altar Pix Beads or Pictures or such like Popish Relicks or Books be found as in the opinion of the said Justices shall be thought unmeet for such Recusant to have and use the same they shall be presently defaced and burnt being meet to be burnt And if a Crucifix or other Relick of any Price the same is to be defaced at the General Sessions of the Peace and restored to the owner 3 Iac. 5. § 26. N. 1. Lambert 607. Dalt 108. cap. 45. CVI. Lambert 118. Moreover Bail it seemeth to me that all these Statutes viz. 23 Eliz. 1. § 5. N. 2. c. have this one meaning that a Party so bound may afterward forfeit his Recognisance if he eftsoons offend against the said Statutes CVII Lambert 224. Justices The Treason 1 Eliz. 1. § N. of extolling And 23 Eliz. 1. § 2. absolving or withdrawing Subjects from Obedience and 13 Eliz. 2. § 2. N. 1. of putting in ure Instrument of Reconciliation to Rome are publick Felonies that concern the King and Justices of Peace can only enquire and receive Indictments Lambert 506. Infra Crompt 192. CVIII Lambert 495 496. Ecclesiastical Causes enquirable in Sessions Rome 1. If any Person have within this half year by writing printing teaching preaching express deed or act advisedly maliciously and directly affirmed held set forth or defended the Authority Preheminence Power or Jurisdiction Spiritual or Ecclesiastical of any foreign Prince or Person whatsoever heretofore claimed used or usurped in this Realm or any the Kings Dominions Crompt 124 192. 2. Or have advisedly maliciously or directly put in use or executed any thing in the extolling setting forth or defence of any such pretended or usurped Jurisdiction Preheminence or Authority or any part thereof Crompt 15. 3. Or if any Person compellable to take the Oath of Recognition of the Kings Majesty to be Supream Governour in all Causes within his Dominions have refused to take the said Oath Oath after lawful tender thereof to him made 1 Eliz. 1. § N 5 Eliz. 1. § N. enquirable by words of 23 Eliz. 1. § 8. N. 1. 4. Lambert 496 497. Treason If any Person under the Kings Obedience have at any time within this year by writing cyphering printing preaching or act advisedly holden or stood with to extoll or defend the Power of the Bishop of Rome or of his See heretofore claimed or usurped within this Realm Crompt 15. 5. Or by any Speech open Deed or Act advisedly attributed such manner of Authority to the said See of Rome or to the Bishop thereof within any the Kings Dominions ye shall present him his Abetters Procurors Counsellors Aiders and Comforters 5 Eliz. 1. § 2. N. 2. Crompt 15 b. 6. If any Person have by any means practised to absolve perswade or withdraw any other within the Kings Dominions from their natural Obedience or for that Intent from the Religion now established here to the Romish Religion or to move them to promise obedience to the See of Rome or other Estate Crompt 17 b. 18. 7. Or if any Person have been willingly so absolved or withdrawn or have promised such obedience 23 Eliz. 1. § 2. N. 5. Crompt 14 b. 18 a. 8. And if any Person have willingly aided or maintained any such Offender or knowing such offence have concealed it and not within 20 days disclosed it to some Justice of Peace or other higher Officer 23 Eliz. 1. § 3 N. 1. Crompt 14 b. 18. 9. If any Subject of this Realm have after the Tenth day of June 1606. gone out of this Realm to serve any foreign Prince State or Potentate Or have after the Tenth day passed over the Seas and there hath voluntarily served any such foreign Prince c. not having taken the Oath expressed 3 Iac. 4. § N. before the Customer and Comptroller of that Port Haven or Creek where he had Passage 10. If any Gentleman or Person of higher Degree or any Person which hath born any Office Place or Charge in any Camp Army or Company of Souldiers or Conductor of Souldiers have gone voluntarily out of the Realm to serve any foreign Prince State or Potentate before he became
Recognizance of the Peace that was taken by him ex officio without any such Writ of Supplicavit as Register 90. 5. But if the Recognizance be not thus removed from the Justices of Peace then may he keep it till the Certiorari come to him for it Infra 6. 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 Recognizance may be there called and if he makes default then the same default to be Recorded as is appointed by the said Statute 3 H. 7. 1. § 1. N. 27. Dalt 173. cap. 70. 7. And although the Party that prayed the Peace 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 amongst themselves Dalt 174 cap. 71. V. Lambert 110. 111. 112. Release The Justice of Peace that of his own motion compelleth one to give surety of the Peace untill a certain day may by like discretion before that day release it Fitzh 10. Dalt 175. cap. 71. Crompt 139 b. 2. And if it should fortune to be made to keep the peace general 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 and 21. Ed. 4. 40. 3. 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 his deed is nothing worth by Marrow Dalt 176. cap. 71. 4. And so if it be Versus cunctum populum precipuè versus A. yet may A. after that sort Release it as the Law is now practised in our time Clean against the Opinion of 21 Ed. 4. 40. for albeit that it seem popular so that all others should have equal Interest with A. in it yet was it taken specially say they for his safety as the word precipuè doth argue plain and Peace Br. 17. truly saith That it was used at that time also Dalt 176. cap. 71. 5. But since the Recognizance is made to the King and not to the Party though for his Security and seeing also that by such Release he that ought to remain Bounden shall be at liberty and may do harm while intending to Beat B. he may collude with A. both to pray and Pardon the Recognizance of the Peace I could for my part like better to maintain that old than to Imitate this new Opinion Dalt 177. cap. 71. 6. And now whether the Recognizance be at the Suit of A. or by the meer motion of the Justices in the behalf of A. the King cannot Release or Pardon it before that it be forfeited both for the mischief that may come to A. thereby by Fineux Opinion 11 H. 7. 12. And for that the Recognizance being taken according to the common form as is before set down it is not properly a Debt to the King untill it be forfeited as appeareth 11 H. 4. 43. 1 H. 7. 19. But being once forfeited then he and none other may Pardon the forfeiture for then it is become a Proper Debt unto him Records 7. Now in these Cases the Recognizance may not be cancelled lest peradventure the Peace was broken and consequently the Recognizance forfeited before the time of the Relase made Fitzh 10. Dalt 176. cap. 71. And therefore it shall be the best in such Cases to send to the Sessions the Recognizance and the Release together and that may be done in a few Lines under the Recognizance it self Dalt 173. 174. cap. 70. infra 8. First for the Release of the Justice thus Ego prefat T. W. Miles Qui supra nominatum A. B. ad predictam securitatem pacis inveniend ' ex mea discretione compuli eandem securitatem pacis quantum in me est ex mea discretione 1 Die Aug. c. remisi relaxavi In cujus rei testimonium huic presenti relaxationi meae Sigillum meum apposui Dat. c. And for the Release of the Peace before the same Justice that took it thus Memorand ' quod 1. Die Aug. c. prefatus C. D. venit coram me S. L. gratis remisit relaxavit quantum in se est predictam securitatem pacis per ipsum coram me versus supra nominatum A. B. petitam In cujus rei testimonium Ego prefat S. L. c. Dat. c. But If the Release be made as some think it may before another Justice which hath not the Recognizance then this latter form must be framed accordingly Dalt 176. cap. 71. Appearance VI. Lamb. 112. 113. 114. Furthermore if a Man be bound before a Justice of Peace to keep the Peace against all the Kings People and to appear at the next Quarter-Sessions and do afterwards procure a Supersedeas out of the Chancery testifying that he hath found Surety there against all the Kings People for ever this will Discharge his Appearance at the Sessions because the granting this Supersedeas is the Act of the King which is the Fountain of Justice and controlleth all other derivative Authorities Fitz. 9. Dalt 169. cap. 69. 2. But if that Supersedeas should testifie that he hath found Surety in the Chancery only untill a certain day which day is after those Sessions then Mr. Fitzh thinketh that his appearance at the Sessions shall not be Discharged by the Supersedeas 3. In both these Cases also I would advise the Justice of Peace to send in as well the Recognizance as the Supersedeas if it come to his hands for peradventure the Recognizance was broken before the Supersedeas purchased or if it were not yet he shall be Excused and the Recognizor never a whit the more Endangered thereby 4. Lastly the Death of the King dischargeth the Recognizance of the Peace 1 H. 7. 2. per Curiam so doth the Death of the Recognizor Abatement and so also doth the Death of him at whose Suit it was taken if so be that it were made to keep the Peace against him alone Dalt 177. cap. 71. 5. But although the mainpernors or Sureties dye yet the Recognizance liveth for if the Peace be broken after their deaths their Executors shall be charged with it 21. Ed. 4. 40. Dalt 177. cap. 71. 6. Neither in the former Cases is the Recognizance discharged by such death if it were forfeited before Dalt 177. cap. 71. 7. And therefore here again my Counsel is to send in the Recognizance to the Custos
a Supersedeas proceeding out of the Chancery will discharge 〈◊〉 Surety of the Peace taken before the Justices in B. R. much more then will a Supersedeas sent out of the Chancery or B. R. discharge a Precept for the Peace that is Awarded from an Inferior Justice of the Peace and if a Justice of the Peace to whom a Supersedeas out of such high Court shall be delivered will not thereupon Surcease an Attachmnet may be awarded against him for his contempt and he may be Imprisoned and fined for it Crompt 145 b. 9. It is good Counsel therefore given F. N. B. 238. where he willeth the Justice of Peace after sucâ— a Supersedeas received to forbear to make any Warrant to Arrest the Party And if they have Awarded it then to make their own Supersedeas to the Sheriff and other Officers thereby commanding them to Sâ—rcease to put it in Execution III. Lambert 123. And the like imitation of a Release of the Peace or good Abearing Tit. Peace 69. may be used also for a Supersedeas of the good abearing if at the least that be grantable by the Justices of the Peace Dalt 366. cap 122. infra IV. Lambert 112 113. Furthermore if a Man be bound before a Justice of the Peace to keep the Peace against all the Kings People and to appear at the next Quarter-Sessions and do afterwards procure a Supersedeas out of the Chancery testifying that he hath found Surety therâ— against all the King-People for ever this will Discharge his Appearance at the Sessions because thâ— granting of this Supersedeas is the Act of the King which is the Fountain of Justice and controlleth all other derived Authorities Fitzh 9. Dalt 169. cap. 69. Crompt 139. § 12. 2. But if that Supersedeas should testifie that he hath found Surety in the Chancery only untill a certain day which day is after those Sessions then Mr. Fitzh thinketh that his Appearance at the Sessions shall not be discharged by the Supersedeas Crompt 139. pl. 4. 10. 11. 3. In both these Cases also I would advise the Justice of Peace to send in as well the Recognizance as the Supersedeas if it come to his hands for peradventure the Recognizance was broken before the Supersedeas purchased or if it were not yet he shall be excused and the Recognizor never a whit the more endangered thereby V. Lambert 157 158. It is I know the Opinion of Marrow that the Sessions on death of that Justice that enquired of forcible Entry Br. 27. may grant restitution grounding himself upon the same equity by which the Justices of B. R. are enabled to do it howbeit it may appear Dyer 187. pl. that the Law is otherwise taken both therein and also in the granting of a Supersedeas to stay the Restitution because no Justices can do the one or the other but they only that were present at the Session when the Endictment was found except those of B. R. who for the supposed presence of the King do carry a supream Authority in these Cases of the Crown VI. Lambert 378. Yea if two Justices Quorum unus make a Precept for a Sessions of the Peace all their fellow Justices cannot discharge it by their Supersedeas but a Supersedeas out of the Chancery will discharge it saith Fitzh VII Lambert 518 519. But yet you must presuppose that all this process of Utlary may be staid by a Supersedeas 2. And F. N. B. 237. hath the Case that if an Exigent go out upon an Endictment of Trespass found before Justices of the Peace the Party may find Sureties in the Chancery Body for Body to appear at the day of the Writ and may then also have a Supersedeas thence to the Sheriff commanding him to forbear to take him and to let him go if he then have already taken him for that cause Crompt 145. pl. 10. 11. 3. And again libr. Intr. 546. you may see the Process upon such an Endictment of Trespass staid by Supersedeas Issuing from one Justice of the Peace alone and testifying that the Party came before him and found Surety de fine assidendo Crompt 145. pl. 8. Dalt 366. cap. 122. 4. But as I believe F. N. B. 237. so will I not perswade the practice of libr. Intr. 546. because I think it not in the lawfull Power of any one Justice of the Peace to Award any such Warrant but that it must be done by two Justices at the least the one being of the Quorum also as the Commission now standeth Dalt 366. cap. 122. VIII Crompt 138. pl. 10. But it seemeth that another Justice cannot Discharge Precept to the Sheriff for the Peace made by another and give another day to the Party to appear at any other Sessions than is exprest in the same Precept because one Justice hath no more Authority than another and this Warrant or Precept is a matter of Record which cannot be discharged by another Justice Crompt 122. pl. 133. IX Crompt 138 139. pl. 11. And if a Man be obliged by Recognizance before any Justice of Peace to keep the Peace against all the Kings Lieges and to appear at the next General Sessions in the same County now another Justice of Peace cannot grant a Supersedeas that he shall appear at any other Sessions and not at that Sessions to which he is obliged by Recognizance to appear because he cannot discharge that Recognizance so taken by the other Justice and the Justice is bound by 3 H. 7. 1. § 1. N 26. to certifie the Recognizance at the next Sessions and the Party shall be called thereon Fitzh 8 but Nota there is no Penalty to the Justice if he doth not certifie by the said Statute X. Crompt 144. 145. pl 1. If a Supplicavit be Awarded out of the Chancery against one to find Surety of the Peace in the County and the Party cannot travel because of infirmity or otherwise will not travel himself to the Chancery he may find Surety there to keep the Peace and shall have a Supersedeas in the County and in this Writ it shall be sent to the Justices to take Surety of the Party himself and by this means his Travel may be saved see F. N. B. 81. like matter and Dalt 168. and 169. cap. 69. 2. A Man hath a Supplicavit of the Peace out of the Chancery to bind A. B. to the Peace and to certifie the Recognizance in Chancery without delay now if A. B. be taken he shall be bound to the Peace for ever for it is not contained that he shall bind himself to keep the Peace untill a certain time but generally Crompt 242 b. therefore to prevent this A. B. before he is attacht must bind himself in the Chancery untill a certain day and shall have a Supersedeas into the County to the Justice and Sheriff to cease to compel A. B. to find Surety upon the said Writ of Supplicavit 3. A Man found Surety of the Peace in C. B. untill
1. § 30. N. 1. The Treason of putting in ure any Instrument of Reconciliation gotten from the See of Rome 13 Eliz. 2. The Treason of absolving or withdrawing his Majesties Subjects from their natural Obedience 23 Eliz. 1. Dalt 228. cap. 89. II. Lambert 405 406 407. tit Pope Enquiry in Sessions if any Person have within this half year by writing printing teaching preaching express deed or act advisedly maliciously and directly affirmed holding set forth or defended the Authority Preheminence Power or Jurisdiction Spiritual or Ecclesiastical of any Foreign Prince or Person whatsoever heretofore claimed used or usurped in this Realm or any the Kings Dominions 2. Or have advisedly maliciously and directly put in use or executed any thing to the extolling setting forth or defence of any such pretended or usurped Jurisdiction Preheminence or Authority or any part thereof 3. Or if any Person compellable to take the Oath of Recognition of the King's Majesty to be Supream Governour in all Cases within his Dominions have refused to take the said Oath after lawful tender thereof to him made 4. If any Person under the King's Obedience have at any time within this year by writing cyphering printing preaching or act advisedly holden or stood with to extoll or defend the Power of the Bishop of Rome or of his See heretofore claimed or usurped within this Realm 5. Or by any speech open deed or act advisedly attributed such manner of Authority to the said See of Rome or to the Bishop thereof within any the King's Dominions ye shall present him his Abettors Procurors Counsellors Aiders and Comforters 5 Eliz. 1. 6. If any Person have by any means practised to absolve perswade or withdraw any other within the King's Dominions from their natural Obedience or for that intent from the Religion now establisht here to the Romish Religion or to move them to promise Obedience to the See of Rome or other Estate 7. Or if any Person have been willingly absolved or withdrawn or have promised such Obedience 23 Eliz. 1. 8. And if any Person have willingly aided or maintained any such Offendor or knowing such Offence have concealed it and not within the twenty days disclosed it to some Justice of Peace or other higher Officer 23 Eliz. 1. III. Lambert 506. And therefore Justices of Peace may only Enquire of certain the Offences against 1 Eliz. 1. 2. 5 Eliz. 1. 13 Eliz. 2. touching the knowledging the King's Supremacy or the Service of God or coming to the Church or the establishment of true Religion as you may see 23 Eliz. 1. Dalt 54. cap. 20. 2. And they may only Enquire of any the Treasons or Misprisions of Treasons made by the same Act 23 Eliz. 1. Coron Fitz. 360. Br. 257. 9 H. 4. 1. pl. 1. IV. Crompt 21. pl. 3. Nota That the Justices of Peace may Enquire of Murder or Petty Treason because their Commission § 6. is De omnibus Feloniis see 6 H. 7. 5. pl. 4. tit Coron 31. Leet Br. 12. 2 Inst 31â— Dalt 234. cap. 91. V. Poult de â—â—ce 173. § 10. That 33 H. 8. 23. § N. is Repealed by 1 2 Phil. Mar. 10. § N. touching the Indictment and Trial of Traitors for they are to be indicted and tried in the County where the Offence was Committed or by the Freeholders of that County according to the Course of the Common Law notwithstanding that they have confessed their Offences before three of the King's Counsel Trespass Affray Peace Force Riot Maihem I. LAmbert 424. Enquiry at Sessions If any Person have maihmed another of any Member whereby he is the less able to fight as by putting out his eyes striking off his hand finger or foot beating out his fore-teeth or breaking of his skull and of their Accessories 2. If any have Committed unlawful Assault beating wounding or such like Trespass against the Body of any Man 3. Or have with Force and against the Law taken the Goods of another or have done any Trespass in the Lands of another this is in the Commission of the Peace II. Lambert 301 302. The Justice of Peace where the Hedge or Pale-breaker cutter of Corn or Wood robber of Orchard or Garden and such like is apprehended or the Offence is committed may upon the Testimony of one sufficient Witness upon Oath cause the Offender to pay Damages and to be whipped by the Constable 43 Eliz. 7. Dalt 21. cap. 6. Crompt 96. Trials see Proof Troop see Riot Travellers see Ways Treasure see Money Truce see Admirals Trunks see Fish Tumults see Riot Turn see Sheriffs Vagabonds and Vagrants see Poor Venire Facias see Enquest Process Vessels see Measures Victuals I. LAmbert 448 449 451. Enquiry in Sessions if any Butcher Fishmonger Innholder Tipler Brewer Baker Poulterer or other Seller of Victual have not sold the same at reasonable prices and for moderate gains 23 Ed. 3. 6. 13 Rich. 2. 8. 2. If any Butchers Bakers Brewers Poulterers Cooks Fruiterers or any Mystery of any of them have conspired or taken any Oath or Promise not to sell but at prices certain agreed between them 2 3 Ed. 6. 15. 3. If any Butcher have sold or offered to sell Swines-flesh meezled or any Flesh that died of the Murrain or if any other Victualler have sold or offered to sell any corrupt or unwholsom Victual 51 H. 3. pag. 13. cap. 7. § 3. N. 1. infra Crompt 87 b. 4. If any Person have bought to sell again any Butter or Cheese unless it be in open Fair or Market by retailing it after the weigh of Cheese and Barrel of Butter or after a less quantity or unless it be Victuallers for that which shall be retailed or spent in their Houses 3 4 Ed. 6. 21. 5. If any Innholder Taverner Alehouse-keeper Common Victualler Common Cook or Common Table-keeper hath uttered or put to sale any kind of Flesh Victual upon any day in the time of Lent or upon any Sunday Saturday or other day appointed by former Law to be Fish-day not being Christmas-day except it be to such Person as resorting to such House had lawful Licence to eat the same according to the Statute thereof made 5 Eliz. 5. § 14. N. 1. 6. If any Person other than by reason of Age Sickness Childing or Licence have within this year eaten Flesh in Lent or upon any Fish-day observed by the Custom of this Realm 5 Eliz. 5. § 15. 35 Eliz. 7. 1 Jac. 29. II. Crompt 87 b. Enquiry in Sessions of Butchers that sell Swine-flesh meezled or Flesh that dieth of the Murrain for the first time he shall be grievously Amerced for the second time shall be put on the Pillory and for the third Offence shall be imprisoned and make a Fine and the fourth time he shall forejudge the Vill 31 Ed. 1. Incert ' temps pag. 85. cap. 7. de Pistoribus Braceatoribus c. Justice of Peace may Enquire of this Offence by their Commission
same Maintainers as the Embracers shall be committed to Ward there to remain by the discretion of the Iustices Statuta Hen. 8. 1 H. 8. cap. 6. A Repeal of a Statute made 11 H. 7. Cap. 3. Oyer giving Authority to Iustices of Assize and Iustices of Peace in their Sessions to hear and determine all Offences and Contempts committed against any Statute in force saving Treason Murder or Felony Cap. 7. § 2. And that the Iustices of Assizes and Iustices of Peace Justices within the County where any such Default of the Coroners be viz. taking any thing for Enquiry of Body slain by Misadventure c. have Authority and Power to enquire thereof and determine the same as well by Examination as by Presentment Cap. 8. § 7. Provided also that this Act Inquest viz. of Returning Offices and Inquisitions by Commission or Escheator c. extend not nor be prejudicial to any Iustices of the Peace for any thing done concerning the Commission of the Peace 3 H. 8. C. 5. § 3. N. 2. And that it be Ordained c. that the Iustices of Peace of every Shire where any such Offenders War viz. that depart from Captain without License during Warr c. be taken have Power to inquire of the said Offences viz. Departure Retainer and Payment of Souldiers and the same hear and determine as they do and may do of Felonies Trespasses and other Offences expressed in the Kings Commission to them made as though the said Offences were done in the same Shire C. 12. § 1. N. 4. Wherefore be it Enacted c that all Pannells to be returned Inquest which be not at the Suit of any Party that shall be made and put in by every Sheriff and their Ministers afore any Iustice of Goal-Delivery or Iustice of Peace whereof one to be of the Quorum in their open Sessions to inquire for the King shall be reformed by putting to and taking out of the names of the Persons which so be Impannelled by every Sheriff and their Ministers by Discretion of the same Iustice before whom such Pannells shall be returned 4 H. 8. Cap. 1 Bulwarks Brays Walls and other Fortifications War shall be made by the Sea-side in Cornwall by the Iustices of Peace Assignment 14 15 H. 8. Cap. 6. § 4. N. 2. And that the said two Iustices of Peace and twelve other discreet Persons viz. of the Hundred Ways where oldway is in Close and new one laid out in Kent by whose Overfight and Assent the said new way c. by Virtue of this Act shall be hereafter Assigned limited and laid out shall within three Months next after the Assignment limitation and laying out of the same make Certificate into the Kings most Honourable Court of Chancery under their Seals of the length and breadth of the same new Way or Street and of other things adjoyning or concerning the same as by their Discretions shall be thought most expedient or requisite for the Common-wealth of that County to be certified C. 10. § 1. N. 3. And that the Iustices of Peace within every Shire Forest at every Sessions of the Peace c. shall have full Authority and Power to inquire of such Offenders viz that trace Hares in the Snow c. § 1. N. 4. And after such Inquisitions found Forfeiture the said Iustices of Peace c. for every Hare so killed shall Sess upon every such Offender 6 s. 8 d. to be for feited to our Sovereign Lord that shall be so found by the Iustices of Peace in their Sessions Riot The President of the Kings Council shall be associate with the Chancellor c. viz. 3 H. 7. Cap. 1. in examination of Riots c. 21 H 8. C. 20. Ways And that the Iustices of Peace in every Shire of this Realm 22 H. 8. C. 5. § 9. N. 3. Franchise City or Borough or four of them at the least whereof one of them to be of the Quorum within the limits of their Commissions and authorities shall have power and authority to enquire hear and determine in the Kings general Sessions of Peace all manner of annoyances of and in such high wayes so being and next adjoyning to any ends of Bridges within this Realm distant from any one of the Ends of such Bridges three hundred foot and to do in every thing and things concerning the making repairing and amending of such High-ways and every of them in as large and ample manner as they might and may do to and for the making repairing and amending of Bridges by virtue and authority of this present Act. Treason Viz. No Convicts of Pety Treason Murder or Felony 23 H. 8. C. 1. § 4. N. 2. c. shall make any purgation but abide in Prison during life Except only such Person or Persons so being within such holy Orders viz. Of Subdeacon or above and convict of and for any of the offences aforesaid and delivered to the Ordinary for the same do find two sufficient Sureties by Recognizances before two of the Kings Iustices of his Peace within the same Shire where the petit Treason Murder or Felony whereof he was convicted was committed and done whereof one of them to be of the Quorum that such Convict shall be of good abearing against the King our Soveraign Lord his Laws and Subjects Every such Convict to be bound in the Sum of 40 l. and every his Sureties in 20 l. 26 H. 8. Cap. 12. § 4. N. 1. Bayl. And that no Surety be taken unless such as may dispend in Lands § 1. N. 3. Tenements or Hereditaments yearly above all charges of Estate of Inheritance of Charter-hold 26 s. 8 d. or else be worth 20 l. in movable substance at the time of the taking of such Recognizance Justices And that two Iustices of Peace § 1. N. 4. whereof one to be of the Quorum by Authority aforesaid have power and authority to take such Recognizances Certificate And that the said Iustices afore whom any such Recognizance shall be taken § 1. N. 5. shall certifie the same into the Kings Bench within four months next after the taking thereof upon pain to lose and forfeit 100 s. for every such default thereof Imprisonment It may therefore please your Highness C. 2. § 1. N. 2. c. viz. For necessity and emendation of Strong Goals to enact that the Iustices of Peace of every of the Shires of Essex Suffolk Dorset Sussex Surrey Nottingham Gloucester Bedford Buckinghem Huntington Wiltshire Kent Warwick Stafford Oxon Berkshire Leicester Rutland Lincoln Hereford Northampton Salop Norfolk and Cornwal or the most part of the said Iustices of Peace in every of the said Shires within the limits of their Commission shall have full power and authority to limit and appoint at any time within the term of one year from the end
of this present Parliament the Towns and Places wherein they shall think most necessary to have a common Goal newly edified and made 2 Inst 705 706. and 5 Eliz. 24. cap. § 3. N. 1. Notice And be it further Enacted § 4. N. 1. That several Commissioners under the Kings great Seal with this present Act thereto affiled shall be directed to the Iustices of Peace of the Shires aforenamed authorizing them to accomplish and execute this present Act according to the tenor thereof in every behalf Imprisonment Be it further Enacted c. § 7. N. 1. That like Provision in every behalf be had for a new Goal to be made within the County of Derby in like form as is provided for other Shires aforesaid Ale And that every Beer-Brewer and Ale-Brewer shall not take over and above for every such Barrel Kilderkin C. 4. § 5. N. 1. or Firkin of Ale and Beer but after such Prizes and Rates as shall be thought convenient and sufficient by discretions of the Iustices of Peace within every Shire where such Beer-Brewer and Ale-Brewer shall dwell without any City Borough or Town Corporate where no head-Officers as Mayors Bailiffs Sheriffs and other head-Officers have no Authority or Rule 8 Eliz. 9. § 5. N. 1. Cap. 5. § 5. N. 2. And before he viz. Commissioner of Sewers shall take upon him the Execution of the said Commission Sewers he shall take a Corporal Oath before the Lord Chancellor or before such to whom the said Lord Chancellor shall direct the Kings Writ of Dedimus Potestatem to take the same or before the Iustices of the Peace in the Quarter Sessions holden in the Shire where such Commissions shall be directed c. Cap. 8. § 2. N. 2. And if it shall happen any person Mettle c. for prosecuting any Suit or Action upon this Statute viz. against Tinners that do not make sufficient Hatches and Tyes for Gravel c. or by occasion of the same hereafter to be imprisoned by any manner of person c. being Officers or Ministers of the Stannery their Deputies or Substitutes that then every of the Iustices of Peace within any of the Counties aforesaid viz. Devonshire or Cornwal wherin the said Prisoner shall happen to be Committed to Prison upon credible Information thereof taking Surety by his descretion for Appearance of such Prisoner at the next general Sessions of the Peace shall have Power c. as well to direct his Warant to the Goaler c. as to any other Person to whom the said Prisoner shall be committed unto commanding him c. upon pain c. of 40 l. to deliver and put at large the said Prisoner c. 27 H. 8. Cap. 23. § 4. N. 1. § 2. N. 6. And if it shall appear upon the Appearance of such Prisoner at the Quarter Sessions by examining of the Iustices of Peace there being Justices that he was imprisoned contrary to the form of this Statute then he shall be forthwith dismissed and thereby discharged and if he were lawfully Imprisoned for any other just Cause then to be remanded to Prison by the discretion of the said Iustices 27 H. 8. Cap. 23. § 4. N. 3. Cap. 1◠§ 3. And be it Enacted c. that the Lord Chancellor of England Sewers c. at all times c. upon request to him to be made by the Mayor and Commonalt◠of the said City viz. of York and Town viz. of Hull or by any other Citizen and Burgess of the said City and Town c. or other person by them under the common Seals of the said City and Town Authorised shall have Power and Authority by his discretion to make and direct like Commission viz. as for Surety unto eight sad and discreet persons whereof four of them be of the Citizens and Inhabitants of the said City and Town and the other four to be Iustices of Peace whereof two to be of the West-Riding and the other two of the East-Riding of the County of York not of Fee nor retained with the said City or Town that they eight seven six five or four of them whereof two of them shall be of the said City and Town and the other two Iustices of Peace the one of the East-Riding the other of the West-Riding of the said County by Virtue of the said Commission shall and may the said Owners assign and appoint to pull up and redress viz. in the River of Ouse and the water of Humber or cause to be pulled up and redressed within thirty days after monition given to the said Owners by the said Commissioners or by such of them taking the charge of the Execution of the said Commission such and as much of the said Fish-gart his and other Impediments to be made in the said Waters viz. of Ouse and Humber to the Let Disturbance Damage or Ieoperdy of any Ships Keyls Boats or any other Vessels passing or repassing to or from the said City of York to the said Town of Hull as by them shall be thought meet and convenient 24 H. 8. C. 1◠§ 2. N. 4. And if the Offence Fowle viz. not endeavouring to destroy Crows Rooks and Choughs be done contrary to this Statute by any person c. which shall dwell and have the Manurance of and in such Mannors Meases Lands Tenements or Hereditaments whereunto such Leets Law-days Rapes and Courts do not belong or by reason whereof any such Courts be not holden that then upon a Presentment thereof had before the Sheriffs c. or Iustices of Peace in their Sessions c. the Iustices of Peace or two of them at the least if the Presentment be before them in their Sessions shall assess and set the said Amerciament after the quantity of the Offence by their discretions c. Justices And further be it Enacted § 5. N. 1. c. That as well the Iustices of the Peace in their Sessions c. to be hereafter holden before them or any of them shall give in Charge to the Tenants and Inhabitants and all other appearing before any of them that they shall duly inquire and put in execution the effect of the Premises in due time viz. yearly so that this Act may be fully executed and Choughs Crows and Rooks thereby destroyed in all parts of this Realm c. Fowle And if any such Owner or Farmer viz. on whose Grounds Rooks § 7. N. 2. Choughs or Crows be killed refuse to pay the said mony accordingly as is aforesaid viz. two pence for twelve a penny for six a half-penny for three old Rooks Choughs or Crows killed then upon Complaint and Proof thereof made to any of the Iustices of Peace or High-Constable the said Iustice of Peace or High-Constable shall cause the said mony to be levyed by distress of the Goods and Cattels of every such Farmer or Owner refusing to pay the same