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
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
full Term next after the Forty days on pain of C l. by every Justice of Peace before whom it s taken and that doth not make such Certificate 5 Eliz. 1. CXXIX Crumpt 169. Accessory Enquiry at Sessions if he that hath received any Agnus Dei Pictures Beads Crosses or such like superstitious and vain things mentioned in 13 Eliz. 2. § 7. N. 2. to be used or worn in any manner within any of the Kings Dominions contrary to the said Statute and doth not deliver it to a Justice of Peace of the same County within a day after the receit thereof And also if he doth not apprehend him who so offered it if he be of power to do so Or if he be not of such Power if he doth not disclose his name and place of his habitation or of abode which he hath endeavoured to know to the Ordinary of the same Dioces or to a Justice of Peace of the same County within three days after such offer he shall incur the pain of 16 R. 2. 5. § 2. N. 6. of Praemunire Dalt 105. cap. 45. CXXX Crompt 193 b. Church It must be enquired within the year and day of such who being above Sixteen years old absent themselves from Church for a month or for a year contrary to 23 Eliz. 1. § 8. N. 1. CXXXI Lambert 582. Oath The Abjuration of a seditious Sectary being made in the open Quarter-Sessions of the Peace ought to be certified from thence to the Justices of Assize at the next Assizes 35 Eliz. 1. § 2. N. 3. Submission CXXXII Dalt 104. cap. 45. Any one Justice of Peace may require the submission and declaration of Conformity to his Majesties Laws of Recusants and Sectaries within three Months after their Conviction c. and in default of such Submission may require them to abjure the Realm which Abjuration notwithstanding shall be in open Sessions 35 Eliz. 1. § 2. N. 1. Lambert 333 334. Supra Religion CXXXIII Dalt 105. cap. 45. Also this repairing to Church 1 Eliz. 2. § 14. N. 1. 23 Eliz. 1. § 5. N. 1. 3 Jac. 4. § 27. N. 1. every Sunday must be as well to Evening Prayer as to Morning Prayers for it ought to be an intire Day and an intire Service and so Sir Richard Hutton one of the Justices of C. B. did deliver it in his Charge at Cambridge Lent-Assizes 1 Car. 1. and therewith agreed Sir Robert Bartlet at Summer Assizes 9 Car. 1. Dalt Edit 1666. pag. 134. cap. 52. Licence CXXXIV Dalt 379. cap. 124. A Licence for a Recusant to travel c. Supra not sufficient Whereas R. C. of L. in the County of C. being a Recusant Convicted hath confined himself to L. aforesaid being the usual place of his abode according to the Statute made in the Five and thirtieth year of the Reign of our late Soveraign Lady Queen Elizabeth 35 Eliz. 2. § 12. N. 1. Know ye that we c. five of the Kings Majesties Justices of the Peace within the said County do by the Consent of the Right Reverend Father in God Nicholas by Gods Providence Lord Bishop of Ely at the request of the said R.C. for the dispatch of his urgent and necessary business grant and give licence to the said R. C. to travel out of the Precincts or Compass of Five miles limited by the said Statute at all times until the first day of November next coming Rome and at the said first day of November to return again to L. aforesaid In Witness c. 3 Jac. 5. § 6. N. 4. CXXXV Lambert Precedents 1 pl. 2. An Indictment for extolling the Authority of the Pope Juratores super Sacrament ' suum present ' pro Dom. Rege quod J.S. de C. in Com. predict ' Clericus xx die mensis Aprilis An. Regni Serenissimi Dom. nostri Jacobi Dei Gratia Angliae Franciae Hiberniae Regis Fidei Defensoris c. apud D. in Comitatu predict ' scienter consideratè malitiose directè palam in presentia multorum dicti Domini Regis nostri nunc subditorum affirmavit defendit Autoritatem Papae Romani Ecclesiasticam in hoc Regno Angliae preantea usurpatam Hiis expressis verbis Anglicanis seqentibus viz. I swear by the blessed Mass and will avow that our holy Father the Pope of Rome is the Supream Head of the Church of England In magnam derogationem Regiae Autoritatis Prerogative dicti Domini Regis nostri ac contra Coronam Dignitatem suam nec non contra formam diversorum Statutorum in hujusmodi casu editorum provisorum Quod A. B. de D. predict ' in Comitatu predict ' Wax-chandler sciens predict ' J.S. dicta verba locutum esse ac dicti Papae Autoritatem modo forma ut prefertur defendisse ipsum J. S. apud D. predict ' postea scil secundo die dicti Mensis Aprilis An. supradicto consolatus est comfortavit ex industria ex proposito ad eam intentionem ut idem A. B. promoveret efferret prefatam dicti Papae Autoritatem usurpatam in pernitiocissimum aliorum exemplum ac contra Coronam Dignitatem dicti Domini Regis nostri nunc ac etiam contra formam diversorum Statutorum in ejusmodi casu provisorum editorum West Symbol 2 part 131 b. Sect. 210. Rome CXXXVI Lambert Precedents 1 b. pl. 3. A Presentment for absolving from the Kings Obedience Inquiratur pro Domino Rege si A. B. de C. in dicto Comitatu Clericus sexto die Mensis Maij Anno Regni Domini nostri Jacobi Dei Gratia Angliae Franciae Hiberniae Regis Fidei Defensoris c. apud C. predict ' in Comitat ' praedict ' voluntariè proditoriè conatus est procuravit absolvere persuadere seducere quandam Johannam W. de C. predict ' in Comitatu predict ' viduam à naturali obedientia subjectione sua Quam eadem Johanna erga dictum Dominum nostrum Regem gerere debet ad obediendum pretensae Autoritati Sedis Romanae tunc ibidem proditoriè prae se ferens asserens se habere potestatem fa cultatem id faciendi tunc ibidem proditoriè dicens eidem Johanni in his Anglicanis verbis sequentibus Mother Jone you shall have a black Soul I tell you if you do not the sooner forsake the King Innuendo predict ' Dominum nostrum Regem nunc and his Heirs and yield your self to the obedience of our Mother Church the holy See of Rome ac contra Pacem dicti Domini nostri Regis Coronam Regalem Dignitatem suam ac contrà formam Statuti in Parliament ' Dominae Elizab. nuper Reginae Angl. tento apud Westm in Com. Middlesex Anno Regni sui vicessimo tertio in hujusmodi casu provisi ac editi West Symbol 2 part 132. Sect. 211. CXXXVII Lambert Precedents 2. pl. 4.
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
Hemp-dressing Netts and Tapestry hangings c. shall c. taking the Oaths of Allegiance and Supremacy before two Iustices of the Peace near unto their Dwellings who are hereby Authorised to administer the same enjoy all priviledges whatsoever as natural-born Subjects Common Provided also and be it further Enacted c. That if any C. 17. § 53. N. 1. c. having a right of Common in any of the Mannors Wasts Commons or Lands within the said Great Level of the Feus called Bedford Level or any other Person or Persons whatsoever at any time after such Division or Inclosure made or set out as aforesaid viz. by Commissioners c. shall break throw down disturb obstruct or by any means hinder or lay open the said Improvements and Inclosures at in or after the making thereof or the Hedges Ditches or Fences of the same or any part thereof shall destroy and shall be thereof Convicted by two Credible Witnesses upon Oath before two Iustices of the Peace of the County where such disturbance or destruction shall be made every such person c. shall forfeit for every such Offence xx l. to be Levied by distress upon the Goods and Chattels of every such Offender c. by Warrant under the Hands and Seals of the said Iustices of the Peace before whom such Conviction shall be made c. or for want of sufficient Distress the Offender shall be Committed to the House of Correction or Common Goal for Thrée Months without Bail or Mainprise at the said Iustices discretion Statuta 16 Car. 2. 16. Car. 2. 3. § 2. N. 7. ANd if they viz. the Officers for search and view of Fire-Hearths c. shall find any Variance in the Number retorned both the Officer Taxes c. and the Constable or Tythingman c. to certifie the same under his and their Hands to the Clerk of the Peace which Certificate they are hereby enjoyned to make N. 8. And after approbation thereof by the Iustices of Peace at their Sessions Certificate the same shall be Certified to his Majesties Remembrancer in the Exchequer § 4. N. 2. And in Case of violent opposition or Injury done by any Peace to any such Officer or his Deputy in the due Execution of this Act and the same proved by Oath before any one Iustice of the Peace or Chief Magistrate c. of the City Town or Place Dwelling near unto the Place who are hereby Authorized to Administer the said Oath It shall and may be lawful to and for such Iustice of the Peace c. or Magistrates to punish such Offender c. if he shall find cause by Imprisonment in the Common Goal for any time not exceeding the space of one month â—§ 8. N. 1. And if any Question or difference shall arise about the taking any distress or levying any Money by Vertue of this Act viz. of Fire-Hearths Process c. the same shall be heard and finally determined by one or more of the Iustices of the Peace near adjoyning or Chief Magistrate of the Place respectively upon complaint in that behalf § 9. N. 2. And the Iustices of Peace and Chief Magistrates Constables and other his Majesties Officers within their several Limits and Iurisdictions Justices are hereby Authorized and required to give assistance from time to time to such Officers as shall be appointed c. for the Collecting of the said Duty c. § 10. N. 1. Provided that no person Taxes c. shall be questioned for any Arrears due on or before our Lady day c. viz. 1664. who shall produce to the Collector a Certificate approved or to be approved of by the two next Iustices of the Peace for their Exemption from the said duty for that time according to the rules prescribed in the said first recited Act. viz. 13 14. Car. 2. 10. N. 2. Nor any Person who hath truly paid the said duty and shall if it be required Proof make proof thereof before any one Iustice of the Peace or other Chief Magistrate of the Peace c. C. 4. § 3. N. 1. Be it Enacted Religion c. That if any Person of the Age of Sixtéen years or upwards being a Subject of this Realm c. shall be present at any Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion in other manner then is allowed by the Liturgy or practice of the Church of England c. at which Conventicle c. there shall be five Persons or more Assembled together over and above those of the same Household then it shall and may be lawful to and for any two Iustices of Peace of the County Limit Division or Liberty where such Offence aforesaid shall be Committed or for the Chief Magistrate c. if it be within a Corporation where there are not two Iustices of the Peace and they are hereby required and enioyned upon proof to them or him respectively made of such Offence either by Confession of the Party or Oath of Witnesses or notorious Evidences of the fact which Oath the said Iustices of the Peace and Chief Magistrate respectively are hereby Impowered and required to administer to make a Record of every such Offence and Offences under their Hands and Seals respectively N. 2. Which Record so made as aforesaid Process shall to all Intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such Offence and thereupon the said Iustices and Chief Magistrate respectively shall commit every such Offender so Convicted as aforesaid to the Goal or House of Correction there to remain without Bail or Mainprise for any time not excéeding the space of thrée months unless such Offender shall pay down to the said Iustices or Chief Magistrate such Sum of Money not excéeding Five pounds as the said Iustices or Chief Magistrate who are thereunto Authorized and required as aforesaid shall fine the said Offender at for his or her said Offence c. Indictment And be it further Enacted c. that if any § 4. N. 1. c. shall at any time again Commit the like Offence c. then such Offender so Convict of such second Offence shall Incur the penalty of Imprisonment in the Goal or House of Correction for any time not excéeding Six months without Bail or Mainprise unless such Offender shall pay down to the said Iustices or Chief Magistrate such Sum of Money not excéeding Ten pounds as the said Iustices or Chief Magistrate c. shall Fine the said Offender at c. Imprisonment And be it further Enacted c. That if any such Offender so Convicted of a second Offence c. shall at any time again Commit the like Offence § 5. N. 1. c. then any two Iustices of the Peace and Chief Magistrate c. shall Commit every
to pay and provide fit Persons to oversee and set such Prisoners on work N. 3. And make such Orders for accounts of and concerning the Premisses as shall by them be thought néedful and for punishment of neglects and other abuses Justices and for bestowing of the profit arising by the labor of the Prisoners so set on work for their relief which shall be duely observed and may alter revoke or amend such their Orders from time to time N. 4. Provided Taxes That no Parish be rated above Six pence by the Wéek towards the Premisses having respect to the respective values of the several Parishes § 2. N. 2. For some remedy c. Be it c. Enacted Imprisonment That any Sheriff of the respective Counties viz. where numbers of Prisoners Plague or Diseases are c. having the Custody of the Goal or such Persons who have the Custody of the Goal with the Advice and Consent of three or more Iustices of the Peace whereof one to be of the Quorum may if they shall on Inquiry or Information find it needful upon Emergent occasions in the respective Counties provide other safe Places for the removal of Sick or other Persons from and out of the ordinary and usual Goals Statuta 20 Car. 2. 20 Car. 2. 3. § 5. N. 2. ANd whensoever any Wood or Timber shall at any time Wood. c. be directed to be fallen in any part of the Wasts of the said late Forest viz. of Dean in Gloucestershire Inclosed or not Inclosed the same shall be first viewed and allowed to be fallen by two or more of the Iustices of the Peace for the said County unconcerned in the Premisses and shall not be Cut or Fallen until the same be viewed and allowed by such two or more Iustices as fit and convenient to be Cut and Fallen and that the said Iustices shall have marked with a broad Arrow and Crown that it may remain to be séen as they are hereby required and Impowered to do so many and such Trées as are the most fit to be preserved for growth for Timber upon every Acre intended to be Fallen and also shall have Certified as they are hereby likewise required to do unto the Lord Treasurer or Lords Commissioners of the Treasury for the time being the names of the Places and number of Trées so viewed and allowed to be fallen and so marked to be preserved as aforesaid Cattle And also that it shall and may be Lawful to and for any Iustice of Peace of the County C. 7. § 5. N. 5. or Chief Officer of the Port-Town in or near the place where such Importation viz. of Irish Cattle c. shall be made or where any of the Cattle Shéep Swine Béef Pork or Bacon so Imported shall be driven or brought by Warrant under the Hand and Seal of such Iustice or Chief Officer to cause to be apprehended all and every the Masters Mariners and Seamen having Charge of or belonging to such Ship or Vessel in which such Importation shall be made and all and every other Person and Persons acting or imployed in the landing driving attending on or taking care or charge of the said Cattle Shéep Swine Beef Pork or Bacon Importer as aforesaid and them to Commit to the Common Goal of the said County there to remain without Bail or Mainprise for the space of thrée Months Statuta 22 Car. 2. Religion BE it Enacted c. That if any Person of the Age of Sixteen years or upwards being a Subject of this Realm 22. Car. 2. 1. § 1. N. 2. c. shall be present at any Assembly Conventicle or Méeting under Colour or Pretence of any Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England in any Place within c. viz. England Wales or Berwick at which Conventicle c. there shall be Five Persons or more Assembled together over and besides those of the same Househould c. It shall and may be Lawful to and for any one or more Iustices of the Peace of the County Limit Division Corporation or Liberty wherein the Offence aforesaid shall be Committed or for the Chief Magistrate c. and he and they are hereby required and enjoyned upon proof to him or them respectively made of such Offence either by Confession of the Party or Oath of two Witnesses which Oath the said Iustice and Iustices of the Peace and Chief Magistrate respectively are hereby Impowered and required to Administer or by notorious Evidence and Circumstance of the Fact to make a Record of every such Offence under his or their Hands and Seals respectively Certificate Which Record so made as aforesaid N. 3. shall to all Intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such Offence and thereupon the said Iustice c. and Chief Magistrate respectively shall Impose on every such Offender so Convict as aforesaid a Fine of Five shillings for such first Offence which Record and Conviction shall be Certified by the said Iustice c. at the next Quarter-Sessions of the Peace for the County or Place where the Offence was Committed Amercement Which Fine c. for the first and every other Offence shall be Levyed by Distress and Sale of the Offenders Goods and Chattels § 2. N. 2. or in the Case of the poverty of such Offender upon the Goods and Chattels of any other c. who shall be then Convicted in manner aforesaid of the like Offence at the same Conventicle at the discretion of the said Iustice c. so as the Sum so to be Levied on any one Person in Case of the poverty of other Offendors amount not in the whole to above c. Ten Pounds upon occasion of any one Meeting c. And every Constable Headborough Tythingman N. 3. Church-wardens and Overseers of the Poor respectively Constable are hereby Authorized and required to Levy the same accordingly having first received a Warrant under the Hands and Seals of the said Iustice Iustices or Chief Magistrate respectively so to do N. 4. The said Monies so to be Levied to be forthwith delivered to the same Iustice Forfeitures c. and by him or them to be distributed the one third part thereof to the use of the Kings Majesty his Heirs and Successors to be paid to the High-Sheriff of the County for the time being in manner following That is to say the Iustice c. of Peace shall pay the same into the Court of the respective Quarter-Sessions which said Court shall deliver the same to the Sheriff and make a Memorial of Record of the payment and delivery thereof which said Memorial shall be a sufficient and final discharge to the said Iustice c. and a Charge to the Sheriff which said Discharge and Charge shall be
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
Jesuit For a Jesuit and his Receivers Essex ss Inquiratur pro Domino Rege si E. C. nuper de S. in Com. predicto Clericus natus apud S. predict ' in Com. predict ' atque infra Annum jam proximè preteritum factus professus Jesuita per Autoritatem à Sede Romana derivatam proditoriè apud S. predict ' in Comitatu predict ' sexto die Julij Anno Regni dicti Domini nostri Jacobi Dei Gratia Angl. Franciae Hiberniae Regis Fidei Defensoris c. à partibus transmarinis applicuit dicto sexto die Julij Anno supradicto nonnullis aliis diebus tunc proximè sequentibus apud S. predict ' in Comitatu predict ' proditoriè moram fecit ac remansit contrà formam cujusdam Statuti in Parliamento Dominae Elizab ' nuper Reginae Angl. tento apud Westm in Com. Middlesex Anno Regni sui vicessimo septimo in hujusmodi casu provisi ac editi ac contra Pacem dicti Domini Regis Coronam Dignitatem suas Et si W. B. de S. predict ' in dicto Comitatu Mercator scienter voluntariè felonicè Postea scil sexto die dicti mensis Julij Anno supradicto predict ' E. C. apud S. predictam in Comitatu predictis receptavit comfortavit dicto W. R. ad tunc ibidem ad largum extra Prisonam existentem ac prefat ' E. C. hujusmodi Jesuitam esse tunc ibidem sciente cognoscente contrà formam Statuti predict ' ac contra Pacem Coronam Dignitatem dicti Domini Regis nostri West Symbol 2 part 132. Sect. 212. CXXXVIII Lamberts Precedents 2 b. pl. 5. Religion For saying and hearing of Mass Essex ss Juratores super Sacrament ' suum present ' pro Dom. Rege quod J.R. nuper de C. in Com. pred' Clericus octavo die Aprilis An. Regni dicti Dom. nostri Jacobi Dei Gratia Angl ' Franciae Hiberniae Regis Fidei Defensoris c. apud C. predict ' voluntariè dixit celebravit unam Missam contra formam cujusdam Statuti in Parliamento Dominae Eliz nuper Reginae Angliae tento apud Westm in Com. Middlesex Anno Regni sui vicessimo tertio in hoc casu provisi editi contra Pacem dicti Domini Regis Coronam Dignitatem suam West Symbol 2 part 114. Sect. 140. Et quod Maria B. de C. praedict ' in Comitatu predict ' vidua dicto octavo die Aprilis Anno supradicto apud C. predict ' in Com. predict ' interfuit presens tempore dictae celebrationis Missae predictae ac eandem Missam sic ut prefertur dictam ad tunc ibidem voluntariè audivit contrà formam Statuti predicti ac contra Pacem Coronam Dignitatem dicti Domini Regis nostri Dyer 203. pl. 72. Certificate CXXXIX Kilborns Precedents 92 a. Certificate for receiving the Sacrament and the Oath on 25 Car. 2. cap. 2. Kent ss We A. B. Minister of the Parish Church of C. in the County of D. and E. F. Church-wardens of the same Parish and Parish Church do hereby certifie That M. N. of O. in the County of P. Gent. upon the Lords day commonly called Sunday the Tenth day of June immediately after Divine Service and Sermon did in the Parish Church aforesaid receive the Sacrament of the Lords Supper according to the usage of the Church of England In witness whereof we have hereunto subscribed our Hands the Tenth day of c. A. B. Minister of the Parish and Parish Church of C. E. F. Churchwarden of the said Parish and Parish Church H. J. of K. in the County of K. Gent. and L. M. of c. do severally make Oath that they do know M. N. in the above-written Certificate named and who now present hath delivered the same into this Court. And do further severally make Oath That they did see the said M. N. receive the Sacrament of the Lords Supper in the Parish Church of C. c. in the said Certificate mentioned and upon the day and at the time in the said Certificate in that behalf certified and expressed and that they did see the Certificate above-written subscribed by the said A. B. Minister of the said Church and E. F. Church-warden there And further That the said H. J. and L. M. do say upon their respective Oaths that all other matters or things in the said Certificate recited mentioned or expressed are true as they verily believe Religion CXL Kilborns Precedents 93 A Certificate of receiving the Sacrament according to the Act 25 Car. 2. 2. Kent ss Memorandum That at the Quarter-Sessions for the said County holden at C. in the County aforesaid upon Tuesday the 22 of July in the Year of our Lord One thousand six hundred seventy three and from thence adjourned to M. in the said County and there holden by the same Adjournment upon Munday the 28th of July aforesaid R. W. of the Parish of M. in the County aforesaid Esq did upon the said 28th of July in the said Court of Quarter-Sessions there deliver into the said Court a Certificate under the Hands of J. P. Clerk Minister of the Parish and Parish Church aforesaid and J. M. Churchwarden of the same Parish and Parish Church by which they certified That the said R. W. upon the Lords day commonly called Sunday the 18th day of May in the said year of our Lord 1673. immediately after Divine Service and Sermon did in the Parish Church aforesaid receive the Sacrament of the Lords Supper according to the usage of the Church of England Religion CLXI Kilborns Precedents 94. A Testimonial upon the receiving the Sacrament according to the Act 25 Car. 2. 2. K. ss Memorandum also That at the time and place of the said Delivery of the said Certificate A. B. C. D. and E. F. did upon Enquiry made by the said Court then and there severally make Oath that they did know the said R. W. in the said Certificate named and that they were present and delivered the same into Court and that they did see the said R. W. receive the Sacrament of the Lords Supper at the time day and place and in the manner in the said Certificate certified And that they did see also the said Certificate subscribed by the said Minister and Church-warden and that the said R. W. did upon the 20th day of May then last past and for several years before Inhabit and then did inhabit in the above named Parish of H. and County of Kent CXLII Westm Symb. 2 part 114 b. § 141. An Indictment upon 1 Eliz. 2. against a Priest for saying Mass in the Vestry of a Church c. Crompt 259. pl. 89. tit Religion 16. CXLIII Practical Precedents c. 189. Apprentice An Indictment for keeping a Servant that goeth not to Church 3 Jac. 4. § 33. N. 1. Warwick ss Juratores pro Domino Rege super
say or hear Mass and who come not to the Church against 23 Eliz. 1. § 4. N. 2. Good-behaviour XXIII Crompt 144. He shall be bound to the Good-behaviour in B. R. who absents himself from the Church for a year against 23 Eliz. 1. § 5. N. 2. and shall so remain untill he will reform himself and come to Church according to the intent of the Statute 1 Eliz. 2. § 14. N. 1. c. XXIV Crompt 151. Two Capias an Exigent Process and a Capias Vtlagatum shall issue against him that is Indicted upon 1 Eliz. 2. § 4. N. 4. for depraving the Sacrament c. XXV Crompt 155. Ab. Bail Nor he shall not be let to Bail or Mainprise who disturbs Preachers contrà to 1 Mar. 1. Stat. 2 cap. 3. § 5. N. 2. 2. Nor he shall not be left to Bail or Mainprise who offends against 1 Eliz. 2. § 4. N. 1. XXVI Kilb. Precedents 94. 95. For not coming to Church Church a Warrant to appear before a Justice To the Constables and Borshoulders of the Hundred of A. in the said County and to every of them Kent ss Forasmuch as I have received Information that B. C. of D. in the County aforesaid c. did not upon any of the c. Sundays last past resort or repair to any Church Chappel or other usual place appointed for Common Prayer and there hear Divine Service according to the form of the Statute in that behalf made These are therefore in his Majesties Name to will and require you that you some or one of you do cause the said B. C. to come before me to Answer the Premisses hereof fail not at your peril Given under my Hand and Seal the day of c. 1 Eliz. 2. § 14. N. 1. 3 Jac. 4. § 27. N. 1. XXVII Kilb. Precedents 95. Forfeiture A Warrant to levy the forfeiture for not coming to Church To the Churchwardens of the Parish of A. in the said County and to every of them Kent ss Forasmuch as B. C. of D. aforesaid c. did not upon Sunday the second day of May nor upon Sunday then next following nor upon Sunday then next following c. resort or repair to any Church Chappel or other usual place appointed for Common Prayer and there hear Divine Service according to the form of the Statute in that behalf made and being called before me did not make sufficient excuse of his said Defaults to my satisfaction These are therefore in his Majesties Name to will and require you that you or one of you do levy by Distress and Sale of the Goods of the said B. C. three Shillings for his defaults aforesaid to be imployed to and for the use of the Poor of the said Parish rendring to him the Overplus of Money raised of the Goods aforesaid so to be sold and in default of such Distress that you do certifie me thereof with all convenient speed to the end I may further Proceed therein as to Justice doth appertain hereof fail not at your perils Given under my Hand and Seal the Day of c. 1 Eliz. 2. § 14. N. 1. 3 Jac. 4. § 27. N. 1. XXVIII Kilb. Precedents 96. Imprisonment A Mittimus to the Goal of one not repairing to Church for want of a Distress To the Constables and Borsholders of the Hundred of A. in the said County and to every of them and to the Keeper of his Majesties Goal at B. in the County aforesaid Kent ss Whereas by Warrant under my Hand and Seal the Church-wardens of the Parish of A. in the said County were lately by me Commanded to levy three Shillings by Distress and Sale of the Goods of B. C. of the Parish of A. in the said County to be imployed to and for the use of the Poor of that Parish for that he did not upon Sunday the second day of May nor upon Sunday then next following nor upon Sunday then next following resort or repair to any Church Chappel or other usual place appointed for Common Prayer and there hear Divine Service according to the form of the Statute in that behalf made and the Church-Wardens aforesaid have retorned to me that the said B. C. hath no Goods nor Chattels sufficient for the levying of the Moneys aforesaid These are therefore in his Majesties Name to will and require you that you some or one of you do take the aforesaid B. ◠and him safely convey to his Majesties Goal aforesaid and him there deliver to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep untill payment shall be made of the Monies aforesaid hereof fail not at your peril Given under my Hand and Seal the Day of c. 1 Eliz. 2. § N. 3 Jac. 4. Encumbent XXIX Kilb. Precedents 98. A Warrant against Encumbent for not Officiating on 14 Car. 2. 4. § 7. N. 1. To the Church-Wardens and Overseers of the Poor of the Parish of A. in the said County Kent ss Forasmuch as it hath been duly proved before us viz. two Justices c. that A. B. the proper Incumbent of the Parsonage Vicarage or Benefice of c. in the County aforesaid doth reside on his Living and keep a Curate and hath not himself in Person within one Month now past openly and publickly read the Common Prayers in and by the Book prescribed by the Statute made in the fourteenth year of his now Majesties Reign Entituled An Act for the Vniformity of Publick Prayers and Administration of the Sacraments and other Rights and Ceremonies and for the establishing the form of making and Ordaining and Consecrating Bishops Priests and Deacons in the Church of England in the Parish Church of C. to the said Parishioners in such order manner and form as in and by the said Book is appointed whereby he hath by vertue of the Statute aforesaid forfeited five pounds to the use of the Poor of the Parish aforesaid These are therefore in his Majesties Name to will and require you and every of you that you or some of you do demand of the said A.B. the aforesaid five pounds to the use of the Poor afroesaid and in default of payment thereof within ten days after such demand that you or some of you do levy the same by Distress and Sale of the Goods and Chattels of the said A. B. rendring to him the Surplusage hereof fail not at your perils Given under our Hands and Seals the Day of c. 2. The like Warrant mutatis mutandis if he de not if there be occasion Administer each of the Sacraments and other Rites of the Church once in every Month. Encumbent XXX Kilb. Precedents 99. A Mittimus for Preaching whilst disabled on 14 Car. 2. 4. § 21. N. 1. To the Constable and Borsholders of the Hundred of A. in the said County and to every of
them and to the keeper of his Majesties Goal for the said County at M. in the County aforesaid Kent ss Forasmuch as we viz. two Justices have received a Certificate from the Ordinary within whose Jurisdiction the Parish of T. in the said County is situate That A. B. being by virtue of the Statute in that behalf made disabled to Preach any Sermon did during the time that he did continue and remain so disabled Preach a Sermon in the Parish Church of T. aforesaid against the form of the Statute These are therefore in his Majesties Name to will and require you the said Constable and Borshoulders and every of you that you some or one of you do take the said A. B. and him convey to the Goal aforesaid and there deliver him to the said Keeper thereof together with this Precept Requiring also you the said Keeper to receive him into the Goal aforesaid and him there safely to keep by the space of three Months without Bail or Mainprise hereof fail not at your perils Given under our Hands c. XXXI Kilb. Precedents 52. Church A Record of a Conventicle to be written in Parchment on 22 Car. 2. 1. by two Justices Kent ss Memorand ' That upon the 10th day of June in the 31. year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Jreland King Defender of the Faith c. It was according to the form of an Act of Parliament in that behalf lately made Entituled An Act to prevent and suppress seditious Conventicles duly proved to us viz. two Justices c. that A. B. being of the Age of sixteen years and upwards and a Subject of this Realm was upon the first day of June now last past in the Parish of c. present at T. in the said County under colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England where five Persons are present more than those of the same Household contrary to the Act aforesaid of all which we have the Day and year above written made this Record under our Hands and Seals 2. Or better in Latin thus Kilb. Precedents 53 54. Kent ss Memorand ' quod J. S. de S. in Com. predict ' Yeoman Church E. W. de W. in Com. predict ' Generosus Maria uxor G. J. de parochia de E. in Com. predict ' Husbandman Eliz. W. de E. predict ' in Com predict ' vidua J. B. de c. Cum multis alijs in toto se attingent ' ad numerum duodecim personarum quilibet eorum die Solis 26. die Junij Anno Regni Domini Regis nunc 22. die ultra etatem 16. Annorum subditi dicti Domiin Regis ad tunc existent ' predict ' 26. die Junij Anno 22. supradicto insimul assemblaverunt presentes fuerunt quilibet eorum presens â—uit in Domo Mansionali ipsius A. P. viduae in predict ' Parochia de E. in Com. predict ' ad Conventiculum sub colore Exercitationis Anglice Exercise Religionis in alio modo quam secundum Liturgiam practicationem Anglice practise Ecclesiae Angliae Ad tunc ibidem tent ' contra formam Statuti prevenire supprimere seditiosa Conventicula nuper Editi proviso infra Memorand ' etiam quod tempore loco supradict ' predict ' J.S. assumpsit super se docere in Conventiculo predict ' in eodem ad tunc ibidem docuit contra formam Statuti predicti quodque predict ' A. B. vidua tempore supradicto scienter Anglice Wittingly voluntariè permisit Conventiculum predictum fore tenend ' in Domo Mansionali sua predict ' etiam contrà formam ejusdem Statuti Record ' quarum quidem separalium offensarum Ego W. L. Miles unus Justiciariorum dicti Domini Regis ad pacem suam in Com. suo predict ' conservand ' assignat ' cui secundum formam effectum Statuti predicti separales offensas predict ' sic ut preâ—ertur fore Commissa sufficienter aparuit per presentes sub Manu sigillo meo 11. die Julij Anno 22. supradicto apud N. predict ' in Com. predict ' feci Predictique J. S E. W. predict ' Maria uxor predict ' G. J. Eliz. W. J. B. Junior J. B. Senior J. F. R. P. A. P. Vidua A. B. D. P. Spinster de separalibus offensis suis in Record ' predict ' superius mentionat ' per Recordum illud virtute Statuti predicti plene perfecte convicti sunt quilibet eorum inde separaliter plene perfecte convictus est ego prefat ' Justiciar ' superinde virtute Statuti predicti die Anno loco ultimo mentionat ' finem V.S. super quemlibet offensorum Anglice Offenders predict ' sic ut prefertur ad Conventiculum predict ' present ' Existent ' pro separali offensa predict ' imposui Predictaque A. P. Vidua pro offensa sua predicta eo quod ipsa ut prefertur permisit Conventiculum predict ' fore tenend ' in Domo Mansionali sua predict ' forisfecit Summam 20 l. Virtute Statuti predict ' predictusque J.S. pro offensa sua predicta eo quod ipse ut prefertur assumpsit super se docere in conventiculo predicto in eodem ut predictum est docuit forisfecit summam 20 l. Virtute Statuti predicti Forfeiture XXXII Kilb. Precedents 55. 56. A Warrant to levy the penalty of 22 Car. 2. 1 § 3. N. 1. upon the Teacher in a Conventicle To the Constables Borshoulders Headboroughs and Tythingmen of the Hundred of C. in the said County and to the Church-wardens and Overseers of the Poor of the Parish of C. in the County aforesaid and all other Officers within the said County whom the Execution hereof may concern Kent ss Forasmuch as I did this present day receive a Certificate to me directed under the Hand and Seal of W. E. of S. in the County of S. Esq one of his Majesties Justices Assigned for keeping his peace in the said County of S. that G. H. of C. aforesaid Taylor was upon the first day of this Instant August by him Convicted by proof to him made according to an Act of Parliament Entituled An Act to prevent and suppress Seditious Conventicles lately made and provided of being present in the Barn of R. W. of W. in the said County of S. Husbandman and there did take upon him to Preach or teach at a Conventicle the five and twentieth day of July last past under pretence of Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England and contrary to the form of the Act aforesaid And that therefore being thereof Convicted as aforesaid the said G. H. did forfeit for the said first Offence 20 l. and that he the said Justice had by Virtue
of the said Act imposed on him so convict as aforesaid for his said Offence the said Sum of 20 l. as being thought by him able to pay the same as by the said Certificate appeareth 22 Car. 2. 1. § 13. N. These are therefore by Virtue of the aforesaid Act in his Majesties Name to command you that you some or one of you do forthwith levy the said 20 l. by Distress and Sale of the Goods and Chattels of the said G. H. and that when you or any of you have so levied the said 20 l. or any part thereof that then you they or he that so levied the same do forthwith deliver the Moneys so levied to the aforesaid W. E. to be by him distributed according to the Act aforesaid hereof neither you nor any of you are to fail at your perils Given under my Hand and Seal at A. in the said County of K. 10 Apr. Anno Regni c. 31. Proof XXXIII Kilb. Precedents 57. 58. A Warrant for Witnesses to prove the Conventicle To the Constable Borshoulders Headboroughs and Tythingmen of the Hundred of S. in the said County and every of them Kent ss Whereas we have this day received Information that several persons upon the 19. day of June last past were present in the Parish of S. in the said County at a Conventicle then and there held under Colour of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England contrary to the form of an Act of Parliament lately made and provided to prevent and suppress Seditious Conventicles And whereas we are also Informed that the several persons hereunder Named can certifie the Particulars and truth of the Premisses These are therefore in his Majesties Name to command you and every of you that you do give notice to the several Persons that they and every of them are by us Commanded to appear before us at the House of R.K. Esq in H. in the County aforesaid on Wedensday the first day of this Instant August at eight of the Clock in the Forenoon of the same day then and there to testifie their several Knowledges touching the Premisses whereof neither they nor any of them are to fail at their perils And you are further hereby commanded to appear at the time and place aforesaid to make appear unto us what you have done in the Execution hereof hereof also you are not to fail at your peril Given under our Hands and Seals at H. in the said County the Day of c. A. B. of c. c. as many as be C. D. of c. c. as many as be XXXIV Kilb. Precedents 58. 59. A Certificate made by a Justice where the Offenders liev in a Corporation Kent ss S. B. R. K. Esquires Certificate Two of his Majesties Justices assigned to keep the Peace in his County aforesaid to the Chief Magistrate of the Corporation of T. in the said County Greeting Whereas W. S. of T. aforesaid in the County aforesaid Yeoman was this present day before us Convicted according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided of being present in the Dwelling house of J. B. in the Parish of C. in the County aforesaid upon the sixth day of this Instant July at a Conventicle than and there held under Colour of Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England contrary to the form of the Act aforesaid And we have by Vertue of the said Act imposed upon him a Fine of Five shillings for that his Offence and whereas also the said J. B. was this present day before us also according to the said Act Convicted of his wittingly and willingly suffering the Conventicle aforesaid to be held in his aforesaid Dwelling house contrary to the form of the Act aforesaid for which his Offence he hath forfeited the Sum of 20 l. and for that we do in our Judgments think the said J. B. poor and unable to pay the said Sum of 20 l. by him as aforesaid forfeited we have therefore by our Discretions adjudged one hundred Shillings thereof to be levyed of the Goods and Chattels of the aforesaid W. S. who as aforesaid was present at the same Conventicle And forasmuch as the said W. S. is an Inhabitant in the Corporation aforesaid we do therefore hereby Certifie you of the Premisses to the end you may proceed thereupon as by the said Act is required Given under our Hands and Seals at C. in the said County 20 Novemb. Anno 1679 c. Regni c. 31. Church XXXV Kilb. Precedents 59. 60. A Record of the Conviction of certain Persons taken at a Conventicle Kent ss Memorand ' quod ' S. B. de Parochia de C. c. pro ut c. 31. N. 2. quidam alius homo ignotus in toto se attingnut ad numerum octo personarum quilibet eorum 3 die c. Anno c. ultra aetatem c. subdit ' c. quorum que ad numerum quinque personarum non ad tunc fuerunt defamilia Roberti Kite de predicta Parochia c. in Com. predict ' Mercer in predict ' Parochia de S. eodem 3 Die c. Anno c. Insimul assemblaverunt presentes fuerunt quilibet eorum presens fuit in Donio Mansionali ipsius Roberti Kite in predicta Parochia de S. in Com. predict ' ad assemblationem sub colore c. pro ut c. ad tunc adhuc in pleno robore existent ' Memorand ' etiam quod predict ' homo ignotus ad tunc ibidem assumpsit super se docere in assemblat ' predict ' ad tunc ibidem docuit etiam contra formam ejusdem Statuti Memorand ' etiam quod predict R. Kite tempore supradicto scienter Angl. wittingly voluntariè permisit assemblat ' predict ' fore tenend ' in Domo Mansionali sua predict ' etiam contra formam Statuti predict ' Record ' quarum quidem separalium offensarum nos J. H. Miles W.C.S. B. R. K. Armigeri Justiciarij dicti Domini Regis ad pacem suam in Com. suo predict ' causa assemblat ' quibus secundum formam effectum Statutorum dredictorum separales offensas predict ' sic ut presertur sore Commissa sufficienter apparuit per presentes sub Manibus Sigillis nostris 17 Die Apr. Anno c. 27. supradicto apud C. predict ' in Com. predict ' fecimus predictique S. B. predict ' uxorejus H. S. c. R. K. predict ' Hom ' ignot ' de separalibus offensis suis in Record ' predict ' superius specificat ' per Record ' illud Virtute Statuti predicti plene perfecte convicti sunt quilibet eorum inde separaliter plenè perfecte Convictus est Et nos
presati Justiciarij superinde Virtute Statuti predict ' die Anno Loco ultimo mentionat ' super quemlibet offensorum Auglicè Offenders predict ' sic ut prefertur ad assemblat ' predict ' present ' Existent ' pro separali offensa sua predict ' finem 5 s. Imposumus Predictusque homo Ignotus pro offensa sua predict ' eo quod ipse ut presertur assumpsit super se docere in assemblat ' predict ' ad tunc ibidem docuit forisfecit Summam 20. libr. Virtute Statut ' predict ' Predict ' K. Kite pro offensa sua predict ' eo quod ipse ut prefertur permisit assemblationem predict ' fore tenend ' in Domo Mansionali sua predict ' forisfecit Summam 20 libr. Virtute Statuti illius Et quia in Judicijs nostris putamus predict ' H. S. fore pauperem inhabilem solvere predict ' finem 5 s. super ipsum pro offensa sua predict ' eo quod ipse ut prefertur presens fuit ad assemblat ' predict ' ut prefertur impositum eo quod predict ' fines 5 s. super predict ' Hom ' ignot ' ego quod ipse ut prefertur presens fuit ad assemblat ' predict ' ut prefertur imposuit ' de Bonis et Catallis suis non potest levari ideo ex discretionibus nostris predict ' duos separales fines 5 s. ultimo mentionat ' de Bonis et Catallis predict ' â— B. qui preâ—ertur ad assemblat ' predict ' presens fuit ut nos prefat ' Justiciarij apud C. predict ' in Com. predict ' eodem 17 die Apr. Anno 27 supradict ' sevari adjudicavimus Et quia predict ' homo qui ut prefertur assumpsit super se docere in assemblat ' predict ' et ad tunc et ibidem docuit est extraneus Angl ' a Stranger et nomen et habitatio sua incogn ' existit ideo ex discretionibus nostris predict ' summam 20 libr. per ipsum pro offensa predict ' ut prefertur forisfact ' nos prefati Justiciarij die anno et loco ultimo mentionat ' de Bonis et Catallis separalium personarum hic Postea Mentionat ' levari adjudicavimus modo et forma sequent ' viz. de Bonis et Catallis predict ' J. B. qui c. pro ut c. 9 l. et 10 s. inde et de Bonis et Catallis C. B. qui etiam c. pro ut c. 40 s. inde et de Bonis c. predict ' R. C. qui etiam c. pro ut c. C. S. inde resid ' c. ut in Recordo In quarum omnium rerum testimonium nos prefat ' Justiciarij die Anno et loco ultimo mentionat ' Manus et Sigilla nostra presentibus aposuimus XXXVI Kilb. Precedents 62. 63. Forfeiture A Warrant to levy the Mony upon the Offenders 22 Car. 2. 1. To the Constable and Borshoulder's Headboroughs and Tythingmen of the Hundred of M. and D. in the said County and to every of them and to the Church-wardens and Overseers of the Poor of the Parish of S. in the County aforesaid and to every of them and to all and every other Officers whom the Execution hereof may concern Kent ss Forasmuch as R. L. of the said Parish of S. Mercer was this present day according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided by us Convicted of his wittingly and willingly suffering an Assembly to be holden in his Dwelling house in the said Parish of S. upon the 30. day of March now last past under colour of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England contrary to the form of the Act aforesaid by which he hath according to the said Act forfeited the Sum of 20 l. for his said Offence These are therefore in his Majesties Name to command you and every of you forthwith to levy by Distress and Sale of the Goods and Chattels of the said R. K. the aforesaid Sum of 20 l. and you and every of you are in his Majesties Name hereby further commanded that when you or any of you have as aforesaid levied the Sum aforesaid that then they or he having so levied the same do forthwith deliver the same to us or one of us to be distributed according to the said Act hereof neither you nor any of you are to fail at your perils Given under our Hands and Seals at C. c. XXXVII Kilb. Precedents 63. 64. Religion A Condition of a Recognizance in case of an Appeal made touching Conventicles on 22 Car. 2. 1. § 7. N. 1. The Condition of this Recognizance is such That whereas R. G. of R. in the within named County of Kent Gentleman was lately Convicted by the within named Justices of taking upon him to teach in an Assembly lately held in the Parish Church of S. within written under pretence of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England against the form of the Statute lately made to prevent and suppress Seditious Conventicles and had therefore according to the Statute aforesaid forfeited the Sum of 20 l. And for that in the Indictments of the said Justices they did think the said R. G. unable to pay the said Sum 20 l. they did therefore by their Discretions adjudge S l. thereof to be levied by Distress and Sale of the Goods and Chattels of the within Bounden W. W. who was also according to the said Statute Convicted of being present at the said Assembly contrary to the Statute aforesaid And whereas the said W. W. was also by the said Justices Convicted for that he at the time of the said Assembly was one of the Church-wardens of the said Parish and knowing the said Assembly to be holden within the same did not give Information thereof to any Justices of Peace nor endeavour the Conviction of the Parties which were at the said Assembly nor of any of them according to the Duty of his said Office but wittingly and willingly did omit the performance of his Office aforesaid in the Execution of the said Statute against the form of the same by which he forfeited the Sum of 5 l. And the said two several Sums of five pounds have by Warrant of the said Justices been levied of the Goods and Chattels of the said W. W. and he hath the day and year within written appealed from the Justices aforesaid to the Judgment of the Justices of Peace of the said County in their next Quarter-Sessions if therefore the said W. W. do prosecute the said Appeal with effect that then this Recognizance shall be void or else it shall stand in full force And forasmuch also as the aforesaid Wife of S. B. is a Feme Covert cohabiting with the said S.B. her Husband these are therefore
c. pro ut supra c. forthwith to levy the aforesaid 5 s. so imposed upon her as aforesaid by distress c. pro ut c. And forasmuch as a Man unknown did then and there take upon him to Preach or teach c. pro ut the record supra You may levy 20 l. upon any the Offenders as in your Judgments shall seem fit Forfeiture XXXVIII Kilb. Precedents 65. 66. 67. 68. A Warrant to levy the Money upon the Offenders on 22 Car. 2. 1. To the Constable c. ut supra Kent ss Forasmuch as W. W. of the aforesaid Parish of S. Gent. one of the Church-Wardens of the said Parish J. H. of the parish aforesaid Yeoman the other Church-Warden of the said Parish T. N. of the Parish aforesaid Chandler one of the Overseers of the Poor of the said Parish J. W. the Elder of the Parish aforesaid Yeoman G. P. c. W. H. of the Parish aforesaid Headborough of the North-borough in the said Parish c. were every of them this present day by us Convicted according to an Act of Parliament to prevent and suppress Seditious Conventicles lately made and provided of being present in the Parish Church of S. aforesaid in the County aforesaid upon Sunday the 19. day of June last past between the hours of nine and twelve before Noon the same day at an Assembly then and there held under pretence of Exercise of Religion in other manner than according to the Liturgy and Practice of the Church of England contrary to the form of the Act aforesaid and we have by vertue of the said Act imposed upon every of the said Offenders so Convicted as aforesaid a Fine of 5 s. for that his respective Offence These are therefore in his Majesties Name to Command you and every of you forthwith to levy upon every of the said Offenders respectively by Distress and Sale of his respective Goods and Chattels the aforesaid Fine of 5 s. And Forasmuch as R. G. of R. in the said County Gent. did then and there take upon him to teach in the Assembly aforesaid and did then and there teach against the form of the Act aforesaid and was this present day by us according to the said Act Convicted of his said Offence and he hath for the same forfeited the Sum Twenty pounds And for that in our Judgments we do think the said R.G. is unable to pay the said Sum so forfeited as aforesaid we have therefore by our Discretions adjudged the same to be levied of the Goods and Chattels of the aforesaid W. W. J. H. D. P. J. C. who as aforesaid were all of them present at the Assembly and are thereof as aforesaid Convicted And the same Sum of 20 l. to be levyed in manner following that is to say one C. S. thereof of the Goods and Chattels of the said J. H. other one C. s. thereof of the Goods and Chattels of the said D. P. and the other one C. s. thereof residue of the Goods and Chattels of the said J. C. These are therefore in his Majesties Name to command you and every of you forthwith to levy one C. s. parcel of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said W.W. and to levy other one C. s. other parcel of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said J. H. and to levy other one C. s. other parcel of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said D. P. and to levy the other one C. s. residue of the said Sum of 20 l. by distress and Sale of the Goods and Chattels of the said J. C. And forasmuch as T. H. of the aforesaid Parish of S. Labourer was this present day by us Convicted according to the Act aforesaid of being present at the Assembly aforesaid contrary to the said Act and we have also by Vertue of the Act aforesaid imposed upon him a Fine of 5 s. for that his Offence and for that we do in our Judgments think the said T. H. poor and unable to pay the said Sum of 5 s. upon him for his said Offence imposed as aforesaid we have therefore by our Discretions adjudged the same to be levyed of the Goods and Chattels of the said J. W. who as aforesaid is Convicted of the like Offence at the same Assembly These are therefore in his Majesties Name to command you and every of you forthwith to levy the said fine of five 5 s. by distress and Sale of the Goods and Chattels of the said J. W. And for as much as T. H. of B. in the County aforesaid Master was was this present day by us convicted according to the Act aforesaid of being present at the Assembly aforesaid contrary to the said Act and for that the said T. H. heretofore committed the like Offence and according to the form of the Act aforesaid was thereof convicted therefore he for his said Offence of being present at the Assembly herein before mentioned hath incurred the penalty of 10 s. These are therefore in his Majesties Name to command you and every of you forthwith to levy the said 10 s. by distress and Sale of the Goods and Chattels of the said T. H. And forasmuch as Mary the Wife of the said J. W. and E. the Wife of the said J. C. were both of them this present day by us Convicted Bar Feme according to the Act aforesaid of being present at the Assembly aforesaid contrary to the said Act and we have by vertue of the Act aforesaid imposed upon the said Mary a Fine of 5 s. for that her said respective Offence and we have also by vertue of the said Act imposed upon the said E. a Fine of 5 s. for her said respective Offence and for that the said Mary is a Feme Covert cohabiting with the said J. W. her Husband and the said E. is also a Feme Covert cohabiting with the said J. C. her Husband These are therefore in his Majesties Name to command you and every of you forthwith to levy the aforesaid fine of 5 s. so imposed upon the said Mary as aforesaid by distress and Sale of the Goods and Chattels of the said J. W. and to levy the aforesaid Fine of 5 s. so imposed upon the said E. as aforesaid by distress and Sale of the Goods and Chattels of the said J. C. And Forasmuch as the aforesaid W. W. at the time of the said Assembly â—fficer was and still is one of the Church-wardens of the Parish of S. aforesaid and the aforesaid J. H. then also was and still is the other Churchwarden of the aforesaid Parish and the aforesaid T. N. then was and still is one of the Overseers of the Poor of the said Parish and the said W.H. then was and still is Headborough of the Northborough in the
Parish aforesaid and every of them was this present day by us according to the said Act Convicted for that he knowing the Assembly aforesaid in form aforesaid to be holden within his aforesaid Parish did not give Information thereof to any Justice of Peace nor Endeavour the Conviction of the Parties aforesaid or any of them but wittingly and willingly did omit the Performance of his duty in Execution of the Act aforesaid against the form of the said Act for which offence every of them respectively hath forfeited the Sum of 5 l. These are therefore in his Majesties Name to Command you and every of you to levy the Sum of 5 l. by the said W. W. so forfeited as is last before mentioned by distress and Sale of his Goods and Chattels and to levy c. of the rest in like manner c. and you and every of you are hereby in his Majesties name further commanded that when you or any of you have as aforesaid levied the several Fines and forfeitures aforesaid or any of them that then they or he so having levyed the same do forthwith deliver the same to us or one of us to be destributed according to the said Act hereof neither you nor any of you are to fail at your peril Given c. Record XXXIX Kilb. Precedents 70. 71. A Memorial of a Record of a Conventicle Kent ss A Memorial of the Account of the Moneys mentioned in the Record Certified at the Quarter-Sessions of the Peace holden for the said County at M. in the County aforesaid on Tuesday next after the Close of Easter 1679. by Sir J. H. Knight W.C.S.B. and R. K. Esquires four of his Majesties Justice of the Peace of the said County forfeited as in the said Record is mentioned in an Assembly holden in the Dwelling-house of R. K. in the Parish of S. in the County aforesaid under colour of Exercise of Religion in other manner than according to the Liturgy of the Church of England upon the 30. day of March 1679. His Majesties third part of the said Forfeitures by the said Justices tendred into the Court of the General Sessions of the Peace holden for the said County at M. aforesaid on Tuesday next after the close of Easter 1679. and by Appointment of the same by the said Justices paid to Sir J.C. Knight and Baronet Sheriff of the said County to his Majesties use viz. For R. C. xx d. and xx d. and xxxix s. iv d. 2 l. 2 s. 8 d. All which was levyed and paid to the said Justices since the last general Sessions of the Peace holden for the said County at M. aforesaid viz. summa patet And as concerning the Moneys in the said Record mentioned to be payable by the several persons here under named his Majesties third part whereof cometh to as followeth viz.  l. s. d. R. B. xx d. and xx d. and iii l. iii s. iv d. in all 3 6 8 C. B. xx d. xx d. xx d. and 13 s. 4 d. in all 0 18 4 J. B. xx d. and xxiii s. iv d. in all 1 5 0 R. K. 6 13 9 in all 12 3 9 The said Justices do say that they did upon the seventeenth day of April 1678 being the day of the Convictions of the Persons aforesaid for their Offences in the said Record mentioned make out their Warrants for levying thereof but they have not as yet received the same or any part thereof nor is the same or any part thereof as yet levied that they know of though they have diligently inquired after the same XL. Kilb. Precedents 72. 73. Imprisonment A Mittimus thereupon upon the first Offence by 22 Car. 2. 1. § 2. N. 2. To the Constable and Borshoulders of the Hundred of A. and to every of them and to the Keeper of his Majesties Goal for the said County at B. in the County aforesaid Kent ss Forasmuch as C. B. was this present day according to the form of an Act of Parliament lately made intituled an Act to prevent and suppress Seditious Couventicles Convicted by Record by us viz. two Justices made of being present in the Parish of C. in the said County at an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England contrary to the Act aforesaid and whereas we did upon the said Conviction Fine the said C.D. viz. not exceeding 5 l. for his said Offence and he did not pay down the said Fine unto us These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said C. D. and him safely Convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep without Bail or Mainprise by the space of viz. not exceeding three Months next after such delivery of him unto you hereof fail not at your perils Given under our hands c. 2. The like Mittimus mutatis mutandis to the House of Correction if the Justices think fit to send the Offender thither which they must not do if the Offender or her Husband if a Feme Covert have 5 l. per Annum Freehold or Copyhold or 50 l. in Goods XLI Kilb. Precedents 73. 74. Imprisonment A Mittimus upon the second Offence 22 Car. 2. 1. To the Constable c. Kent ss Forasmuch as C. D. was this present day according to the form of an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made of being present in the Parish of T. in the said County at an Assembly Conventicle or Meeting under colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England contrary to the Act aforesaid and whereas we did upon the said conviction Fine the said C. D. viz. not Exceeding 10 l. for his said Offence and he did not pay the said Fine unto us And forasmuch as the said C. D. hath been once before that time convicted of the like Offence contrary to the Act aforesaid These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said C. D. and him safely convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep without Bail or Mainprise by the space of viz. not Exceeding six Months next after such delivery of him unto you hereof fail not c 2. The like Mittimus Mutatis
Mutandis to the House of Correction c. Imprisonment XLII Kilb. Precedents 74. 75. A Mittimus upon the third Conviction To the Constable c. Kent ss Forasmuch as C. D. was this present day according to the form of an Act of Parliament lately made Intituled An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made of being present at the Parish of T. in the said County at an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England contrary to the Act aforesaid and Forasmuch as the said C. D. hath been twice before that time Convicted of the like Offence contrary to the said Act These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said C. D. and him safely convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep without Bail or Mainprise untill the next General Quarter-Sessions for the West-division of this County the next Assises Goal-delivery Great-Sessions or sitting of Oyer and Terminer in the County aforesaid which shall first happen and that you then and there have him to be further proceeded agaist as by the said Act is directed hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like Mittimus mutatis mutandis to the House of Correction if the Justices think fit to send the Offender thither which they must not do if they be satisfied that the Offender or her Husband if a Feme Covert have 5 l. per Annum Freehold or Copyhold or be worth 50 l. in Goods XLIII Kilb. Precedents 76. A Certificat to the Militia c. for Aid on 22 Car. 2. 4. § 9. N. 3. 16 Car. 2. 4. § 10. N. 1. To the Lieutenant any Deputy Lieutenant or any Commissioned Officer of the Militia or any other his Majesties Forces the Sheriffs Justices or other Magistrates and Ministers of Justice jointly or severally Kent ss These are to Certifie you that I A.B. one of his Majesties Justices of the Peace c. have received Information of an unlawful Meeting or Conventicle held or to be held under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England contrary to an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles at T. in the Parish of C. in the County aforesaid and that I with such assistance as I can get together am not able to suppress dissolve dissipate or prevent the same all which I do Certifie unto you to the end that you may repair unto the said place aforesaid and do therein as by the said Act is required and enjoined Given under my Hand and Seal the day of c. XLIV Kilb. Precedents 77. Record A Record of suffering a Conventicle fit to be in Parchment and Quaere if not in Latine 22 Car. 2. 1. § 4. N. 1. Kent ss Memorand that upon the second day of June in the 31. year of the Reign of our Soveraign Lord Charles the second by the Grace of God of England Scotland France and Jreland King Defender of the Faith c. It was according to the form of an Act of Parliament in that behalf lately made Intituled An Act to prevent and suppress Seditious Conventicles duly proved to us that R. T. of c. did wittingly and willingly suffer an Assembly Conventicle or Meeting under Colour or pretence of the Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England to be held in his house Out-house Barn or Rome Yard or Backside Woods or Grounds in the Parish of T. in the said County on c. day now last past contrary to the Act aforesaid of all which we have the day and year first above written made this Record under our Hands and Seals XLV Kilb. Precedents 78. 79. Imprisonment A Mittimus thereupon upon the first Conviction To the Constable and Borshoulders of the Hundred of A. and to every of them and to the Keeper of his Majesties Goal for the said County at C. in the County aforesaid Kent ss Forasmuch as D. E. was this present day according to the form of an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made viz. two Justices c. of wittingly and willingly suffering an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England to be held in his House Out-House Barn or Room Yard or backside Woods or Grounds in the Parish of T. in the said County upon the second day of June now last past contrary to the Act aforesaid and whereas we did upon the said Conviction Fine the said D. E. viz. not Exceeding 5 l. for his said Offence and he did not pay down the said Fine unto us These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said D. E. and him safely Convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep without Bail or Mainprise by the space of viz. not Exceeding three Manths next after such delivery of him unto you hereof fail not at your perils 2. The like Mittimus Mutatis Mutandis to the House of Correction c. the like upon the second Conviction and the like upon the third Conviction ut supra XLVI Kilb. Precedents 81 A Certificate for the taking the Oath according to 16 Car. 2. 4. § 19. N. 1. Quakers Kent ss I A. B. one of his Majesties Justices of the Peace of the County of K. do humbly Certifie that D.E. did this present day before me take the Oath mentioned in an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take an Oath on that account in Testimony whereof I the said A. B. have hereunto set my Hand and Seal the day of c. Escape XLVII Kilb. Precedents 81. 82. To levy Money upon a Goaler c. for suffering one committed upon this Act to go at large 16 Car. 2. 4. § 12. N. 1. To the Constable and
Borshoulders of the Hundred of A. and to every of them Kent ss Forasmuch as it hath been duly proved before me that A. B. Keeper of his Majesties Goal at C. in the County aforesaid did upon the 10. day of June last past permit D.E. to go at large contrary to the Warrant of his Commitment made by vertue of an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles and contrary to the Act aforesaid These are therefore in his Majesties Name to Charge and Command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said A.B. Ten pounds by him forfeited for his said Offence and that you do pay the Moneys so levied to the Church-Wardens of the Parish of T. in the said County for the relief of the poor of the Parish Given under our Hands and Seals the day of c. 2. The like Mittimus Mutatis Mutandis if the Keeper of the House of Correction suffer the Offender to go at large Escape XLVIII Kilb. Precedents 82. 83. the like Mittimus for suffering one at large to Joyn with the Offender in the Exercise of Religion To the Constable c. Kent ss Forasmuch as it hath been duely proved before us that A. B. Keeper of his Majesties Goal at C. in the County aforesaid did upon the 10. day of June last past permit E. F. being then a Person at large to joyn with D. E. a Person Committed to his custody by vertue of an Act of Parliament lately made Intituled an Act to prevent and suppress Seditious Conventicles in the Exercise of Religion differing from the Rights of the Church of England contrary to the Act aforesaid These are therefore in his Majesties Name to charge and command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said A. B. Ten Pounds by him forfeited for his said Offence and that you do pay the Moneys so levied to the Church-Wardens of the Parish of T. the Parish where the Offender did last inhabit in the said County for the relief of the Poor of the said Parish Hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like Mutatis Mutandis against the Keeper of the House of Correction if he offend in the like Case Dignity XLIX Kilb. Precedents 83. 84. A Warrant to levy the forfeiture of a Peer on the first Conviction 22 Car. 2. To the Constable and Borshoulders of the Hundred of A. and to every of them Kent ss Forasmuch as T. Lord C. a Peer of this Realm was this present day according to the form of An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made of being present in the Parish of V. in the said County at an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England contrary to the Act aforesaid These are therefore in his Majesties Name to charge and command you and every of you that you some or one of you do levy upon the Goods and Chattels of the said T. Lord C. Ten pounds for the Offence aforesaid and that you do pay the Moneys so levied to the Church-Wardens of the aforesaid Parish of V. for Relief of the Poor of the said Parish hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like for the second Conviction c. and the like for a Peers suffering a Conventicle the first and second conviction L. Kilb. Precedents 868. Imprisonment A Mittimus for a Nonconformist c. on 17 Car. 22. § 5. N. 1. To the Constable and Borshoulders of the Hundred of A. and to every of them and to the Keeper of his Majesties Goal for the said County at M. in the County aforesaid Kent ss Forasmuch as it hath been duly proved before us viz. two Justices c. that A. B. Parson Vicar Curate Lecturer or other Person in holy Orders Stipendary or other Person who hath been possessed of any Ecclesiastical or Spiritual promotion who hath not declared assent to the Common Prayer pro ut the Act of 14 Car. 2. or Preacher in Conventicle upon the 12. day of c. or c. was within five Miles of D. a City Town Corporate or Borrough that sends Burghesses to Parliament or of any Parish Town or place wherein he or they have since the Act of Oblivion been Parson Vicar Curate Stipendary or Lecturer or taken upon them to Preach in a Conventicle contrary to the form of the Statute in that Case made and provided Intituled an Act for restraining Nonconformists from inhabiting in Corporations These are therefore in his Majesties Name to will and require you to take the said A. B. and him convey to the Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep for six Months without Bail or Mainprise hereof fail not at your perils Given under our Hands and Seals c. LI. West symâ—â— 2 part 101 b. 102. sect 95. Church An Indictment for absence from Church c. 1 Eliz. 2. § 14. N. 1. supra Essex ss Juratores pro Domino rege super Sacrament ' suum presentant ' quod cum in statuto in Parliament ' Dom ' Eliz. Dei Gratia c. Anno regni sui primo tent ' apud W. in Com. M. inter alia inactitat ' ordinat ' existit quod post Festum Sancti Johan ' Bapt ' Anno Regni Dictae Dominae Reginae omnis singula persona sive personae Inhabitant ' in hoc Regno Angliae aut aliquo alio Dominiorum dictae Dominae Reginae diligenter fideliter habentes nullam legalem seu rationabilem Excusationem abessendi adnitentur adire suam Parochialem Ecclesiam vel Capellam consuetam vel super rationabile impediment ' aliquem usitatum locum ubi communes precationes Divina servitia in Actu illo mentionat ' Celebrat ' fuerint tempore talis impediment ' quodlibet die Dominico alijs diebus ordinarijs usitatis observari ut Feestivis Diebus tunc ibidem manâ—re secundum ordinem sobriè durante tempore Precium communium Predecationum aut aliorum divinorum Servitiorum ibidem utend ' ministrand ' sub pena punitionis per censuras Ecclesiae etiam sub pena quod quilibet persona sic offendens forisfaciat pro qualibet tali offensa 12. denarios levand ' per Gardianos Ecclesiae parochialis ubi talis offensa foret fact ' ad usum pauperum Inhabitent ' ejusd ' parochiae de bonis terris tenementis offend ' per medum districtionum pro