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
according to the Tenor and Effect of this Act. Coron And that Iustices of Peace shall have Power and Authority within the limits of their Commissions and Iurisdiction 25 H. 8. C. 6. § 1. N. 5. to hear and determine the said Offence viz. of Buggery with Mankind or Beast as they do use to do in Cases of other Felonies Fowle And be it Enacted C. 11. § 3. N. ◠c. that all Iustices of the Peace within the limits of their Commissions shall have Power and Authority to inquire hear and determine the Offences aforesaid viz. taking Wild-fowle with Nets between the last of May and the last of August or their Eggs c. like as they commonly use to do in Cases of Tresspass Cattel And it is further Enacted C. 13. § 5. N. 1. that the Iustices of Peace of every Shire shall have Power and Authority to inquire of the Offenders of this Act viz. keeping above two thousand Sheep as well by the Oaths of twelve men as by Information of any of the Kings Subjects and to make such like Process upon every Presentment or Information concerning this Act as they use commonly to do upon Presentments before them of Trespass Bayl. Or else in their viz. the Ordinary's default if they refuse C. 14. § 8. N. 2. c. viz. to Bail an Heretick then by discretion of two Iustices of Peace of that Shire where such persons so accused or presented shall inhabit by four sufficient Sureties to be bounden to the Kings use by Obligation or Recognizance to appear before the Ordinaries at such days c. as shall be limited in the said Bonds c. Sewers And that the Kings Iustices of Peace within every of the said Counties of Glocester and Sommerset at their Quarter Sessions 26 H. 8. 5. § 2. N. 1. shall have full Power and Authority to call before them all such persons which hereafter shall keep any of the said Passages or any other Ferry or Passage over the said Water viz. the Severn into Wales or the said Forest viz. of Dean or out of Wales or the said Forest into England and to bind them with sufficient Sureties with them in Recognizance in such sums of mony as it shall seem to the discretion of the said Iustices of Peace that they and every of them being Passengers and Keepers of Ferries and Passages as is aforesaid from henceforth shall not after the said times before limited and appointed viz. beeween Sun setting and Sun-rising convey or carry or cause to be conveyed or carried any manner of person or persons or any kind of Cattel but such persons as they do know and will answer for and know where their Abidings Dwellings and Habitations be and upon request made to them or any of them as is aforesaid shall from time to time disclose as well the same person or persons as the Goods and Cattels so passing the said Passages upon fresh suit made or hereafter to be made upon any Felony Murder or Robbery committed and done in the Borders of the Counties aforesaid or in any other place within this Realm or South-Wales Behavior Be it therefore Enacted 26 H 8. C. 12. § 4. N. 1. c. that every such person and persons within such Orders of Sub-Deacon or above being convict of any pety Treason or of any Murder of Malice prepensed or of any the said Felonies above rehearsed viz. 23 H. 8. 1. § 4. N. 2. or of any accessary to pety Treason c. before any Lord Marcher Steward Lieutenant Deputy or other Iustice or Officer within Wales or within any other place City Town Honour Lordship or Mannor within the Kings Dominion where no Iustices of the Peace and of the Quorum be and thereupon the same Convict admitted unto his Clergy that the same person or persons so being within such holy Orders and Convict c. and delivered unto the Ordinary as Clerk Convict for the same shall or may find two Sureties by Recognizance for his good abearing before two of the Kings Iustices of Peace whereof one to be of the Quorum in the Shire where the said Convict is or shall be kept in the Ordinaries Prison if the same Prison be within the Shire-ground where Iustices of the Peace and of the Quorum be or else before two of the Kings Iustices of Peace whereof one to be of the Quorum in the next Shire adjoyning unto the same Prison 27 H. 8. C. 5. § 1. N. 2. For redress and amputation whereof viz. Of the Increase of Robberies Coron c. and to the intent that one Order of ministring his Laws should be had c. as in other places of this Realm of England c. It is Ordained c. That the Lord Chancellor of England or the Lord Keeper of the Great Seal for the time being from time to time and all times shall have full power and authority by his discretion to nominate and appoint Iustices of the Peace Iustices of the Quorum and Iustices of Goal delivery in the said Counties of Chester Flint Anglesey Caernarvan Pembroke and Glamorgan by Commission under the Kings Great Seal which shall have full power and authority to inquire hear and determin all manner of thing and things inquirable presentable or determinable before Iustices of Peace Iustices of Quorum and Iustices of Goal delivery in other Shires of the Realm of England by force or vertue of any Statute or Statutes made or to be made or by the course of the Common Laws of this Realm C. 16. § 1. N. 2. Or else viz. Bargain and Sale to be inrolled within the same County or Counties where the same Manors Lands Inrolment or Tenements so bargained and sold lie or be before the Custos Rotulorum and two Iustices of the Peace and the Clerk of the Peace of the same County or Counties or two of them at the least whereof the Clerk of the Peace to be one C. 20. § 1. N. 5. And in case the Ordinary of the Diocess or his Commissary Tyths or the Archdeacon or his Official or any other competent Iudge aforesaid viz. in Suit for Subtraction of Tythes for any contempt contumacy or disobedience or other misdemeanour of the party defendant make information and request to any of the Kings most honorable Council or to the Iustices of the Peace of the Shire where such Offender dwelleth to assist and aid the same Ordinary Commissary Arch-Deacon Official or Iudge to order or reform any such Person in any Cause before rehearsed that then he of the Kings said honorable Council or such two Iustices of the Peace whereof one to be of the Quorum to whom such Information or request shall be made shall have full power and authority by vertue of this Act to attach or cause to be attached the Person or Persons against whom the Information or request shall be
whereof § 2. N. 1. be it ordained and Enacted by Authority of this present Parliament that if any person or persons of what estate or degree soever he or they be at any time after the first day of April next coming falsly and deceitfully obtain and get into his or their hands or possession any Mony Goods Cattel Iewels or other things of any other Person or Persons by colour and means of any such false token or counterfeit Letter made in any other mans name as is aforesaid that then every such Person and Persons so offending and being thereof lawfully convict by Witnesses taken before the Lord Chancellor of England for the time being or by Examination of Witnesses or Confession taken in the Star-Chamber at Westminster before the Kings most honourable Council or before the Iustices of Assize in their Circuits for the time being or before the Iustices of Peace within any part of the Kings Dominions in their general Sessions or by Action in any of the Kings Courts of Record Imprisonment Shall have and suffer such Correction and punishment by Imprisonment of his Body sitting upon the Pillory or otherwise § 2. N. 2. by any Corporal Pain except pains of death as shall be unto him or them limited adjudged or appointed by the Person or Persons before whom he shall be so convict of the said Offences or any of them Process And be it further Enacted by the Authority aforesaid § 3. N. 1. that as well the Iustices of Assize for the time being as also two Iustices of the Peace in every County whereof the one to be of the Quorum shall have free Power and Authority to call and convent by Process or otherwise to the said Assizes or general Sessions any person or persons being suspected of any of the Offences aforesaid and to commit him or them to Ward or let him or them to Bail till the next Assizes or general Sessions there to be examined and further to be ordered by their discretions as is abovesaid § 4. N. 1. Provided always and be it further Enacted by the Authority aforesaid Franchises that Iustices of Peace within every City Borough Town and Franchise within this Realm or other the Kings Dominions shall have like Iurisdiction Power and Authority at their general Sessions and otherwise to do and execute all and every thing and things in all points as other Iustices of Assizes in their Circuits or Iustices of the Peace in the Counties by Virtue of this Act be limited and appointed to do and execute for the Punishment and Correction of like Offenders as by this foresaid Act is specified and declared § 4. N. 2. Saving to the Party greived by such deceit Collusion such Remedy by way of Action or otherwise of and for the same Mony Goods Cattels Iewels or other things so obtained as he might have had if this Act had never been had ne made anything in the same contained to the contrary in any-wise notwithstanding § 5. N. 1. Provided alwayes France and be it further Enacted by the Authority aforesaid that the Kings Highness Council of his Town of Calice or three of them for the time being shall have such and like Authority for the Examination Bailment and Punishment of such Offender or Offenders and for such Offences hereafter to be committed and done within the Town and Marches of Calice and County of Guiâ—nes as the aforesaid Iustices of Assize or Iustices of Peace have by force of this Act whithin their Iurisdictions and Authorities C. ◠§ 16. N. 2. And that the same Iustices of Peace Games viz. before whom any is brought for using Cross-bow Hand-gun Hagbut or Demyhake not measure c. upon a due Examination and Proof thereof before him had or made by his disretien shall have full Power and Authority to send or commit the same Offender or Offenders to the next Goal there to remain till such time as the said Penalty or Forfeiture Viz. of 10 l. shall be truly contented and paid by the same Offender § 19. N. 1 And be it further Enacted Justices c. that it shall be lawful to all Iustices of Peace in their Sessions c. to inquire hear and determine every such Offence c. committed and done contrary to the tenor of this present Act. C. 9. § 10. N. 3 And that Iustices of Assize of Goal-delivery Iustices of Peace Games and Stewards of Franchises Leets and Law-days have Power to inquire of all the Premises viz. of Archery in their Sessions Leets and Law-days and hear and determine the same and also by their discretion examin all persons lacking and not having Bows Shafts and Arrows according to the form aforesaid § 14. N. 1. Be it further Enacted Process c. that it shall be lawful to all and every the Iustices of Peace in every Shire Mayors Sheriffs Bailiffs and other head-Officers within every City Town and Borough within this Realm from time to time as well within liberties as without as Need and Case shall require to come enter and resort into all and every Houses Places and Alleys where such Games viz. Bowling Coyting Cloysh Cayls half-Bowl Tennis Dicing Table or Carding or any unlawful now Game hereafter to be invented c. shall be suspected to be holden exercised used or occupyed contrary to the form of this Statute § 14. N. 2. And as well the Keepers of the same as also the persons there haunting Imprisonment resorting and playing to take arrest and imprison and them so taken and arrested to keep in Prison unto such time as the Keepers and Maintainers of the said Plays and Games have found Sureties to the Kings use to be bound by Recognizance or otherwise no longer to use keep or occupy any such House Play Game Alley or Place § 14. N. 3. And also that the persons there so found be in likewise bound by themselves or else with Sureties by the discretion of the Iustices Mayors Recognizance Sheriffs c. no more to play haunt or exercise from thenceforth in at or to any of the said places or at any of the said games Parliament Forasmuch as before this time divers and sundry good Laws Statutes Cap 10. Provisions and Ordinances have been made by the Kins Majesty our Natural Soveraign Lord and other his most Noble Progenitors for the Increase and Advancement of the Publick and Common-Wealth of this Realm of England and of his Highness Subjects of the same amongst which some special notable and profitable Laws Statutes Ordinances and Provisions be very requisite convenient and expedient for the same Common-wealth duly and diligently to be put in daily Exercise and Execution Process And such as have been and be Authorised to put in due and just Execution such special and notable Laws Statutes and Ordinances § 1. N. 2. and to correct and
much thereof under the same fourth part of the said Woods and Vnder-woods as shall by the Discretions and Wisdoms of the said Iustices be thought necessary and requisite to limit and set out Parliament Statutes made in the Parliament holden at Westminster 37 H. 8. pa. 605. in the seven and thirieth year of the most renowned H. 8. by the Grace of God King of England France and Ireland Defendor of the Faith and of the Church of England and also of Ireland in Earth Supream Head Chancery Where before this time the Lord Chancellor of England for the time being hath by reason of his Office of the Chancellorship Cap. 1. the Nomination and Appointment of the Custos Rotulorum within all and every Shire of this Realm of England and Wales and other the Kings Dominions Marches and Territories of the same 3 4 Ed. 6. Cap. 1 § 2. N. 3. Peace And yet in like manner all and every person which had enjoyed the said Office of the Custos Rotulorum hath had until now of late § 1. N. 2. the nomination and appointment of the Clerk of the Peace within such Shires where he or they had and enjoyed the said Office of Custos Rotulorum Officer And where now of late divers and sundry persons within this Realm being not learned § 1. N. 3. nor yet meet ne able for lack of Knowledge and Learning to occupy and exercise the said Office of the Custos Rotulorum and of the Clerk of the Peace have of late years by labor friendship and means attained and gotten for term of their lives of the Kings Majesty several Grants by his Highness Letters Patents to them made of the Clerkship of the Peace by reason whereof and for that the Parties to whom the said several Grants have been so made and granted have not been sufficiently learned to exercise and occupy the same Office and Offices many and sundry Indictments as well of Felony Murder and other Offences and Misdemeanors and the Process awarded upon the same Indictments have not only been by reason thereof made clearly frustrate and void sometime by reason of the negligent ingrossing and keeping of the said Indictments and sometime by reason of the Imbezelling or Razure of the same Indictments Inrollment But also viz. by ignorant Clerks divers and sundry Bargains and Sales of divers and sundry Mannors Lands and Tenements § 1. N. 4. had and made between party and party have been made frustrate and void for lack of sufficient Inrolment of the Bargains and Sales to be had and made by the Clerks of the Peace to the great hindrance of Iustice and to the Disinheritance of divers of the Kings most Loving Subjects § 2. N. 1. For Reformation whereof Ability to the intent that Iustice may be the better hereafter preserved and that the same Offices may hereafter be occupyed and exercised by such persons learned in the Laws of this Realm as shall be able to exercise and supply the same § 2. N. 2. Be it Enacted by the King our Soveraign Lord Prerog with the Assent of the Lords Spiritual and Temporal and of the Commons in this present Parliament assembled and by Authority of the same that no person or persons shall from henceforth be nominated and appointed to the said Office and Offices of the Custos Rotulorum within any Shire of this Realm of England Wales and other the Kings Dominions Marches or Territories of the same but such as shall have a Bill signed with the Kings hand for the same 3 4 Ed. 6. Cap. 1. § 2. N. 3. Which Bill signed Chancery shall be a sufficient Warrant by the Authority abovesaid to the said Lord Chancellor of England and the Lord Keeper of the Great Seal for the time being to make from time to time Commission or Commissions assigning and authorizing thereby the same person to be Custos Rotulorum untill the King hath by another Bill assigned with his own hand appointed and ordained one other person to have occupy and exercise the same Office of Custos Rotulorum 3 4 Ed. 6. Cap. 1. § 1. N. 2. § 2. N. 4. And that the said person appointed and Assigned to be Custos Rotulorum as is abovesaid shall and may occupy Patents exercise and enjoy the same Office of Custos Rotulorum by himself or by his sufficient Deputy learned in the Laws of this Realm and meet and able to supply the said Office according to the tenor of the said Grant or Commission 3 4 Ed. 6. Cap. 1. § 1. N. 3. § 3. N. 1. And be it further Enacted by the Authority of this present Parliament Peace that every Custos Rotulorum for the time being shall at all times hereafter in every Shire of this Realm Wales and other the Kings Dominions Marches and Territories of the same nominate elect appoint and assign all and every person and person which hereafter shall be Clerks of the Peace within any of the said Shires of this Realm of England Wales and other the Kings Dominions Marches and Territories of the same § 3. N. 2. And to give and grant the said Office and Offices of Clerkship of the Peace Officer to such able persons instructed in the Laws of this Realm as shall be able to exercise and occupy the same to hold and enjoy the same during the term that the said Custos Rotulorum shall occupy and exercise the said Office of Custos Rotulorum so that the said Clerk demean him in the said Office justly and honestly § 3. N. 3. And that it be lawful to every such Grantors of the said Clerkship Deputy to occupy and enjoy the same Office of the Clerkship of the Peace by himself or by his sufficient Deputy instructed in the Laws of this Realm so that the same Deputy be admitted taken and reputed by the said Custos Rotulorum be sufficient and able to exercise occupy keep and enjoy the same Office of the Clerkship of the Peace § 4. N. 1. Provided always and be it Enacted by the Authority aforesaid Patents that all such as now have any of the said Offices of Custos Rotulorum or Clerkship of the Peace by the Kings Letters Patents of Commission to them made shall and may enjoy have and exercise their said Offices by vertue of the same Letters Patents or Commission by themselves or by their sufficient and able Deputy instructed in the Laws of this Realm any thing in this present Act had or made to the contrary notwithstanding § 5. N. 1. Provided also and be it Enacted by Authority abovesaid Franchise that the Arch-Bishop of York the Bishop of Durham the Bishop of Ely and every of their Successors and all and every such person and persons Corporations and Bodies Corporate to whom the Kings Majesty or any of his Noble Progenitors by his or
be occupied in or appoint them to such as will find them work for meat and drink CLXXX 1 Ed. 6. 3. § 15. N. 2. And if they refuse of Wilfulness and Stubbornness to work or do run away and beg in other places Pain then to punish the same according to their discretions with chayning beating or otherwise as shall seem to them convenient CLXXXI 1 Ed. 6. 3. § 16. N. 1. And for the more furtherance of the relief of such as are in unfained misery Ability and to whom Charity ought to be extended CLXXXII 1 Ed. 6 3. § 16. N. 2. Be it Enacted Days c. that every Sunday and Holyday after the reading of the Gospel of the day the Curate of every Parish do make according to such talent as God hath given him a Godly and Brief Exhortation to his Parishioners moving and exciting them to remember the Poor people and the duty of Christian Charity in relieving of them which be their Bretheren in Christ born in the same Parish and needing their help CLXXXIII 1 Ed. 6. 3. § 17. N. 1. Provided always Apprentice that if it shall chance any such adjudged Apprentice Servant or Slave as is before rehearsed to have inheritance discended unto him or her or any other ways by the Laws of this Realm Ward or Bondman or Nief of blood by or from any of his Ancestors to any person or persons that then it shall be lawful to any such person or persons to whom any such Ward Bond-man or Nief shall appertain to seise and take such Wards Bond-men or Neifs and them to retain and keep as their Wards Bond-men or Neifs and the said Wards Bond-men and Neifs shall be discharged of the said Slavery or other Servitude or Bondage above rehearsed this Statute or any thing therein contained to the contrary in any wise notwithstanding Villenage CLXXXIV 1 Ed. 6. 3. § 18. N. 1. And also be it Enacted that if any such Servant Apprentice Slave or Slaves which shall have at any time hereafter any Advancement or Living accrew come or grow unto him or any of them whereby he or they may have a convenient Living that then and from thenceforth he or they so being advanced to be discharged of their Slavery Servitude and Bondage this Act or any thing therein contained to the contrary in any wise notwithstanding Women CLXXXV 1 Ed. 6. 3. § 18. N. 2. Any Woman being a Servant Apprentice or Slave as is aforesaid being married within the age of twenty years without the assent of her Master until she shall accomplish and come to the said age of twenty years only excepted Settlement CLXXXVI 1 Ed. 6. 3. § 19. N. 1 Be it also Enacted that all Leprous and Poor Bed-rid Creatures whatsoever they be may at their own liberty remain and continue in such houses appointed for Leprous or Bed-rid people as they now be in and shall not be compelled to repair into any other Counties or Places by Virtue of this Act any thing therin contained to the contrary notwithstanding Charity CLXXXVII 1 Ed. 6. 3. § 19. N. 2. And that also it shall be lawful unto the said leprous and bed-rid people for their better releifs to appoint their Proctor or Proctors so there be not appointed above the number of two persons for any one house of leprous bed-rid people to gather the charitable Alms of all such Inhabitants as shall be within the compass of four Miles of any of the said houses of leprous and bed-rid persons Villenage CLXXXVIII 1 Ed. 6. 3. § 20. N. 1. And be it Ordained and Enacted c. that it shall be lawful to every person to whom any person in form abovesaid shall be adjudged a Slave to put a Ring of Iron about his Neck Arm or his Leg for a more knowledge and surety of the keeping of him Villenage CLXXXIX 1 Ed. 6. 3. § 20. N. 2. And that if any person or persons do take or help to take any such bond of Iron from any such Slave that then every person so doing without the License or Assent of his Master shall forfeit for every such default 40 l. Sterling Notice CXC 1 Ed. 6. 3. § 21. N. 1. Be it further Enacted that this present Act shall before the first day of March next be openly proclaimed in every City Corporate-Town and Market-Town upon the Market day and also from thenceforth shall yearly be read in every Shire openly in two general Quarter Sessions of the Peace that is to say at the general Quarter Sessions after Midsummer and the general Quarter Sessions next after Christmas to the intent that every person may have knowledge thereof Continuance CXCI. 1 Ed. 6. 3. § 21. N. 2. And that this Act shall endure unto the end of the next Parliament 3 4 Ed. 6. 16. § 1. N. 2. and 21 Jac. 28 § 11. N. 28. 69. Commission CXCII 1 Ed. 6. 3. § 22. N. 1. Provided alwayes and be it Enacted that it shall be lawful to the Lord Chancellor of England or the Lord Keeper of the Great Seal for the time being at their discretions to grant Commissions under the Great Seal of England to every or any person or persons that hath or shall have his or their Houses or Barns burnt or such losses to gather the relief and charity of others for their aid and help of his or their losses decay or hinderance as in time past hath been used any thing contained in this Act notwithstanding CXCIII 1 Ed. 6. 14. § 12. N. 1. And over that the said Commissioners Charity viz. of Chantries c. or two of them at the least shall have full power c. to enquire and try by such ways and means as they shall think meet and convenient what Mony Profit and benefit any poor person or persons by vertue of any Conveiance Assurance Composition Will Devise or otherwise heretofore had or enjoyed within five years next before the beginning of this present Parliament out of any Colledge free Chapel or Chantry and other the premisses c. CXCIV 1 Ed. 6. 14. § 12. N. 2. And thereupon to make assignments Mortmain and orders in such manner and form as all and singular such said mony profit and Commodity shall be paid to poor people for ever according to such Assurance Composition Will c. for the same and to assign and appoint Lands Tenements and other Hereditaments parcel of the premisses for the maintenance and continuance of the same for ever CXCV. 3 4 Ed. 6. 16. Forasmuch as it is notoriously seen and known that Vagabonds and Beggers Trades do daily increase within this the Kings Highness Realm into very great numbers chiefly by occasion of Idleness the Mother and Root of all vices whereby do ensue continual Thefts Murders Conspiracies and other sundry hainous offences and partly for that the good and wholesome Laws and
having Licence of the next two Justices of the Peace Licence to the place where they first hapned to Land or where they first entred into this Realm shall and may pass according to the purport of their Licence and intent of this Act of Parliament any thing herein contained to the contrary in any wise notwithstanding CCCIII. 14 Eliz. 5. § 10. N. 1. Be it also further provided that no Licence recited in this Statute shall give any manner liberty Licence or be of any manner force but only in the Shire whereof the grantor or grantees of such Licence shall be Justice or Justices of Peace CCCIV. 14 Eliz. 5. § 10. N. 2. Wherefore if the said party Licenced will have any further passage without the danger of this law Licence than the Shire where his first Licence is granted it shall be lawful for him to procure and get in every other Shire where he intendeth to pass one other Licence from two Justices of the Peace of the said Shire and so from Shire to Shire to the end of his Journy CCCV 14 Eliz. 5. § 10. N. 3. Be it also provided that this Act Husbandry nor any thing therein contained do in any wise extend to any Cockers or Harvest Folks that travail into any Country of this Realm for harvest work either Corn Harvest or Hay-Harvest if they do work and labor accordingly CCCVI 14 Eliz. 5. § 10. N. 4. Neither yet to any that hapneth to be robbed or spoiled by the way Robbery CCCVII 14 Eliz. 5. § 10. N. 11. Neither yet to any Serving-men Apprentice that be of honest behavior that be turned from their Masters or whose Master or Mistres shall be dead for the space of six months next after such turning away or death of such Master or Mistres so as every such Serving-man hath a testimonial from his Master or Mistres or from two Justices of the Peace of the same County declaring such turning away or such death of his Master or Mistres CCCVIII 14 Eliz. 5. § 11. N. 1. Provided always that it shall be lawful to the Lord Chancellor or Lord Keeper of the Great Seal of England Licence for the time being to make Licence under the said Great Seal as heretofore hath been accustomed and that the said Licence and Licences shall as largly extend as the contents of them will bear any thing herein to the contrary in any wise notwithstanding CCCIX 14 Eliz. 5. § 12. N. 1. Provided always and be it further Enacted Ouster le mers c. that this present Act or any thing therein contained shall not extend to make frustrate or void any safe Conduct Pasport or Licence made and granted or to be made and granted by the Lord Deputy of Ireland or by the Lord Governor of the Towns and Garrisons of Berwick or Carlile for time being or any other Chief Captain or Governor of any Castle or Fortress of the Queens Majesties or by any other in his or their absence having the said charge of the said Towns and Garrisons or by any of the Guardians of the three Marches towards Scotland or by any General Lieutenant or other Chief-Officer appointed by the Queens Majesty to have the charge and conduct of any Army Garrison or Power of men levyed or to be levyed by her Highness order and appointment and for the special service and affairs of Her Majesty her Heirs or Successors or by any Private Captain upon the dispersing of any Army only to any Souldier or Souldiers or any other person or persons whatsoever within this her Realms of England and Ireland passing by vertue thereof about his or their lawful business and affairs but that he or they shall and may quietly without any let or disturbance enjoy the benefit effect and true meaning thereof in as large and ample manner and form as heretofore hath been used and accustomed any thing in this present Act mentioned to the contrary in any wise notwithstanding Infant CCCX 14 Eliz. 5. § 13. N. 1. Provided always that this present Act or any thing therein contained shall not in any wise extend to the punishment of any such person or persons as by this Statue are limited for Rogues unless the same be of the age of fourteen years or above but that they and every of them under the age shall be punished with whipping or stocking as heretofore hath been used and appointed by the Laws and Statutes in that case provided and now repealed this Act or any thing therein contained to the contrary hereof in any wise notwithstanding Constable CCCXI. 14 Eliz. 5. § 14. N. 1. And it is further Enacted c. that if within any Town or Parish where any such Vagabond or Rogue shall happen to beg or make his abode contrary to the form of this Statute if the Constable or Tything-men be negligent and do not his or their best endeavour for the apprehension of such Vagabond or Rogue which there shall beg or make abode contrary to the form in this Statute limited or shall willingly suffer the said Vagabond or Rogue to escape from the punishment or order in this Statute prescribed that then the said Constable or Tything-men in whom such default shall be shall lose and forfeit for every such Vagabond and Vagrant person that shall be so suffered to beg or make abode within his Authority contrary to the form of this Statute 6 s. 8 d. Cottages CCCXII 14 Eliz. 5. § 14. N. 2. And forasmuch as Charity would that Poor Aged and Impotent persons should as necessarily be provided for as the said Rogues Vagabonds and sturdy Beggers repressed and that the said aged impotent and Poor people should have convenient Habitations and abiding places throughout this Realm to settle themselves upon to that end that they nor any of them should hereafter beg or wander about Justices CCCXIII. 14 Eliz. 5. § 14. N. 3. It is therefore Enacted c. that the Justices of Peace of all and singular the Shires of England and Wales within the limits of their Commissions and all other Justices of the Peace Mayors Sheriffs Bailiffs and other Officers and all and every City Borough Riding and Franchise within this Realm whereof they be Justices of the Peace within the limits of their Authority shall at or before the said Feast of Saint Bartholomew next coming divide themselves and so being divided shall within every of their several divisions and Authorities make diligent search and enquiry of all Aged Poor Impotent and decayed persons born within their said divisions and limits or which were there dwelling within three years next before this present Parliament which live or of necessity be compelled to live by Alms of the Charity of the people that be or shall be abiding within the limits of their Commissions and Authorities CCCXIV 14 Eliz. 5. § 14. N. 4. And shall upon that search made Records make a Register-Book
appear gratis to avoid an Attachment of his Body 3 Ed. 4. 16. Jours Br. 2. 16 And this is the Reason it s Entred ipse non venat Dalt 404 405. cap. 132. 3. Jacobus c. Vicecom ' c. salutem Pluries Precipimus tibi sicut pluries tibi Precipimus quod non omittas c. Ad quem diem A. B. Armiger Vicecom ' Comitat ' predict ' Retorn ' quod predict ' C. D. Non est inventus in c. ipse non venit ideo Precept ' est quod Exigi facias c. Dalt 406. cap. 132. Exigint 4. Jacobus c. Vicecom ' c. salutem Precipimus quod Exigi facias C. D. A. in Com. tuo Yeoman quodque secundum legem consuetudinem Regni nostri Angliae Utlagatur si non comparuerit si comparuerit tunc eum Capias Salvo Custodiri facias Ita quod Habeas Corpus ejus Coram Justiciariis Pacis nostrae nec non Justiciarijs nostris ad diversas Felon ' Transgr ' alia Malefacta in eodem Comitatu tuo perpetrat ' audiend ' terminand ' Assignat ' ad Generalem Sessionem Pacis Comitatus tui proximè post Festum Sancti Mich ' Archangeli proximum futur ' tenend ' ubicunque in eodem Comitatu teneri contigerit ad respondendum Nobis de diversis Transgr ' Contempt ' Offensis de quibus ipse Indictus existit habeas ibi tunc hoc breve Teste c. H. apud Staff 8. die Sept. Anno Regni c. Dalt 406. cap. 132. Ad quem diem A. B. Armiger Vicecomes Com. predicti Retorn ' quod ad Com. Staff tentum apud Stafford quinto die Maij Anno Regni Domini Regis nunc secundo hic ad quatuor alios Com. tunc proximè sequent ' Ibidem tent ' predict ' C. D. exactus â—uit non comparuit ideo Utlagatus fuit XXXV Crompt 233 And he must shew the days when the Counties were as it seemeth Process Br. 149. Dayes 2. Note Where the Process Issueth upon an Endictment of Felony then the first Process shall be a Capias and then a Capias alias and then an Exigent and the Entry of the Process shall be ut supra mutatis mutandis 3. Nota That an Entry must be made in the Roll with the Clerk of the Peace which shall be a Warrant of every Process that shall be Awarded as it seemeth And 2 R. 3. 12. it appears that the Writ must be Warranted by the Roll See Dyer 211. 4. And a Man that hath day to appear by the Roll or is to have corporal Penance or is to loose an Inheritance if he doth not come there he shall be received to appear notwithstanding the Writ be not retorned served which see Kell 166 b. pl. 10. H. 7. 11 b. Jours 29. Br. 93. XXXVI Dalt 329. Cap. 117. Recites Crompt 148 Supra Monstr And I once received a Warrant brought me by one Thomas Evans a Pursevant or Messenger of his Majesties Chamber Anno 1607. under the hand of the Right Honourable Thomas Lord Ellesmore Late Lord Chancellor of England for the apprehending of one James Malin for a matter of Contempt and the said Warrant was in general words scil to Answer to such Matters as were to be objected against him without any special Cause therein mentioned infra 2. Also I saw another Warrant 3 Jac. granted under the hand of Popham Chief Justice to bring one Edmonds of Barnwel by Cambridge before him to answer to such Matters as he had to object against him on the Kings Majesties behalf without any special Cause or Matter therein set down Libr. Intr. 83. 3. But it is not safe for a Justice of Peace to grant out his Warrant with a blank for about 30 Eliz. one wrote to Sir J. R. a Justice of Peace to send him a Precept or Warrant with a blank that he mâ—ght put therein one whom he would Attach upon Suspition of Felony and the Justice of Peace did so granting a Warrant with a blank where he neither knew the Parties Name nor the Matter and for this the Justice was fined in the Star-Chamber as Crompt Jurisd 34. Laches XXXVII Dalt 330. cap. 117. Also the Justices of Peace in divers Cases do use to grant their Warrant against a Man for his neglect or other default as for refusing to pay down rates and the like and such Warrant may be either to attach the Offender to be at the next Sessions there to answer c. or else to bring the Offender before the said Justice or any other Justice c. who finding Cause may bind such an Offender to appear at the next Sessions to answer the said default Lambert 187. Supra 2. And wheresoever any Statute doth give Authority to the Justices of Peace to cause another Person to do a thing there it seemeth they have Power given them of congruity to grant their Warrant to bring such Person before them that so they may take Order therein Lambert 512 supra Suggestion XXXVIII Dalt 330. 331. cap. 117 But I find it much controverted 14. H. 8. 16. Peace Br. 6. Commission Br. 3. Crompt 147 b. Lambert 188. 189. supra Whether a Justice of Peace may grant a Warrant to Attach Persons suspected of Felony or against Offenders upon a Penal Statute unless such Persons or Offenders be first thereof Indicted for that the Justice of Peace as he is a Judge of Record so it is said he must have a Record whereupon he doth Award his Process or Precept 2. For the first Some hold that the Justice of Peace may grant his Warrant to Attach Persons suspect of Felony for that it seemeth in the first assignavimus in the Commission § 13. and by 5 Ed. 3. 14. § N. that any one Justice of Peace may cause the Constables to Arrest and imprison Offenders suspect of Felony c. and how shall the Justice of Peace cause this to be done but by his Warrant or Commandment 3. Again If a Felony be done there is no doubt but that every Private Man without a Warrant may Arrest whomsoever he suspecteth of it being a Man of Evil Fame c. but if the Offender being pursued shall resist Quaere who shall be aiding to a Private Man whose Goods are stoln and who suspecteth another to have stoln them either to search for his Goods or to apprehend the Party suspected if the Justice of Peace by his Warrant shall not command the Constable to aid him therein If it be objected that the Constable may do all this of his own Authority upon request to him made by the Party Robbed be it true yet we find by common Experience that the Constables without the Justices Warrant therein are for the most part both very fearful and also remiss herein as neither knowing their own Authority nor the Danger 4. Besides this is no new thing for
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
and Burroughs within the same Cities and Burroughs and Burrough-holders Constables and Wardens of the Peace within their Wards shall have Power to Execute this Act. Justices And that the Iustices Assigned at their coming down into the Country § 1. N. 5. shall have Power to enquire how such Officers and Lords have Executed their Offices in this Case and to punish them whom they find that have not done that which pertained to their Office Peace Item As to the keeping of the Peace in time to come Cap. 6. it is Ordained and Enacted that the Statutes made in times past with the Statutes of Winchester viz. 13 Ed. 1. St. 2. Cap. 1. c. Shall be observed and kept in every point Prerog And where it is Contained in the end of the said Statute of Winchester § 1. N. 2. viz. 13. Ed. 1 St. 2. 3. Cap. 6. § 1. N. 15. That the Iustices Assigned shall have Power to Enquire of Defaults and to report to the King in his Parliament and the King to Remedy it which no man hath yet seen the same Iustices shall have Power to punish the Disobeyers and Resisters Justices Item It is Ordained that good and discreet Persons 4 E. 3. Cap. 2. other than of the Places if they may be found sufficient shall be Assigned in all the Shires of England to take Assizes Iuries and Certifications and to deliver the Goods Days And that the said Iustices shall take the Assizes § 1. N. 2. Iuries and Certifications and deliver the Goods at the least three times a year and more often if need be Peace Also there shall be Assigned § 1. N. 3 Good and Lawful men in every County to keep the Peace Indictments And at the time of the Assignments mention shall be made § 1. N. 4. that such as shall be Indicted or taken by the said Keepers of the Peace shall not be let to mainprise by the Sheriffs nor by none other Ministers if they be not mainprisable by the Law § 1. N. 5. Nor that such as shall be Indicted shall not be delivered but at the Common Law Certirorari § 1. N. 6. And the Iustices Assigned to deliver the Goals shall have power to deliver the same Goals of those that shall be Indicted before the Keepers of the peace § 1. N. 7. And that the said Keepers shall send their Indictments before the Iustices and they shall have power to Enquire of Sheriffs Goalers and other in whose Ward such Indicted persons shall be if they make deliverance or let to mainprise any so Indicted which be not mainprisable and to punish the said Sheriffs Goalers and others if they do any thing against this Act. 5 Ed. 3. Cap. 11. § 1. N. 2. It is Enacted that the Iustices Assigned to hear and determine such Felonyes viz. of persons Indictable in one County that dwell in another shall direct their Writs to all the Counties of England where need shall be to take such persons Indicted Proces Ca. 14. § 1. N. 3. It is accorded that if any may have any Evil suspition of such viz. Robedsome Wasters and Drawlatches be it by day or by night Coron they shall be incontinently arrested by the Constables of the Townes 10 Ed. 3. Ca. 3. § 1. N. 3. And they that will aid themselves by such Charters viz. of pardon and have not found mainprise viz. of such as above is said Pardon or after the mainprise found bear themselves otherwise against the peace than they ought their Charters shall be holden for none 18 Ed. 3. p. 09. § 1. No. 3. An Exigent c. against Conspirators Outlary and Confederators of Quarrels and deceivers of Customes and false mony § 1. N. 4. And against them that Commit Routs in Affray of the people Riot 18 E. 3. St. 2. Cap. 1. Commissioners of new Enquiries shall cease serving Indictments of Felonies and Trespasses of Wools carried out without Subsidies Enquest Customes c. Cap. 2. Item Justices That two or three of the best of Reputation in the Counties shall be Assigned Keepers of the Peace by the Kings Commission 18 H. 6. Cap. 11. § 1. N. 2. And at what time need shall be the same with other Wise and Learned in the Law shall be Assigned by the Kings Commissions to hear and determine Felonies and Trespasses done against the peace in the same Counties and to inflict punishment reasonably according to the Law and Reason and the manner of the deed Cap. 5. Item Outlary That from henceforth no Exigent shall go out in case where a man is Indicted of Trespass Vnless it be against the peace or of things which be contained in the declaration made in this case at the last Parliament holden at Westminster 18 Edw. 3. Sta. 1. pa. 109 25 Ed. 3. Cap. 8. The Iustices shall hold their Sessions four times in the year Duties and at all times that shall be needful 12 R. 2. Cap. 10. § 1. N. 2. and 2 H. 5. Cap. 4. § 2. N. 2. 27 Ed. 3. Sta. 2. Ca. 20. § 1. N. 2. Of the Staple We have ordained Merchants c. that if any outrage or Greivances be done to them viz. To Merchants Strangers in the County out of the Staple the Iustices of the Peace where such Outrages shall be done shall do speedy Iustice to them after the Law Merchant from day to day and from hour to hour without sparing any man or to drive them to fue at the Common Law C. 21. § 1. N. 5. And that the said Major and Constables viz. of the Staple shall have power to keep the peace c. Peace 34 Ed. 3. p. 139. These be the things which our Lord the King the Prelates Parliament Lords and the Commons have ordained in this present Parliament holden at Westminster the Sunday next before the Feast of the Conversion of St. Paul to be holden and published openly through the Realm Cap. 1. That in every County of England shall be assigned for the keeping of the Peace one Lord Justices and with him three or four of the most worthy in the County with some Learned in the Law § 1. N. 2. And they shall have Power to restrain the Offenders Rioters Riot and all other Barrators and to pursue arrest take and chastise them according to their Trespass or offence Imprisonment And to cause them to be Imprisoned and duly Punished §. 1. N. 3. according to the Laws and Customs of the Realm and according to that which to them shall seem best to do by their Discretion and good Advisement Poor And also to Inform them § 1. N. 4. and to Enquire of all those that have been Pillors and Robbers in the parts beyond the Sea and be now come
again and go wandering and will not Labour as they were wont in times past Process And to take and arrest all those that they may find by Indictment § 1. N. 5. or by Suspition to put them in Prison Bayl. And to take of all them that be not of good Fame § 1. N. 6. where they shall be found sufficient Surety and Mainprize of their good behaviour towards the King and his People and the other duly to punish to the Intent that the people be not by such Riotors or Rebells troubled nor endamaged nor the Peace blemished nor Merchants nor others passing by the high-ways of the Realm disturbed nor put in the peril which may happen of such Offenders 1 R. 3. 3. § 1. N. 2. Coron And also to Hear and Determine at the Kings Suit § 1. N. 7 all manner of Felonies and Trespasses done in the same County according to the Laws and Customs aforesaid Justices And that Writs of Oyer and Terminer § 1. N. 8. be granted according to the Statutes viz. 2 Ed. 3. Cap. 7. thereof made and that the Iustices which shall be thereto Assigned be named by the Court and not by the Party Enquest And the King will that all general Enquiries before this time granted § 1. N. 9. within any Seigniories for the Mischeifs and Oppositions which have been done to the People by such Inquiries shall cease utterly and be repealed Amerciaments And that Fines which are to be made before Iustices for a Trespass done by any Person be reasonable and just § 1. N. 10. having regard to the quantity the Trespass and the causes for which they be made Measures Item It is Accorded that they which shall be Assigned to keep the Peace Cap. 5. shall have Power to Enquire of Measures according to the Statute thereof made the five and twentieth year of the Reign of our Lord the King viz. 25 Ed. 3. St. 5. Cap. 9. Days Item That in the Commissions of Iustices of the Peace 36 Ed. 3. C. 12. and of Labourers Express mention be made that the same Iustices make their Sessions four times by the year that is to say one Sessions within the Utas of the Epiphany the second within the second week of Lent the third between the Feasts of Penticost and of St. John Baptist the fourth within the eight days of St. Michael 2 H. 5. Cap. 4. § 2. N. 2. 25. Ed 3. Cap 8. Enquest It is Assented c. that c. in all Enquiries within the Realm 42 Ed. 3. C. 4. § 1. N. 2. Commissions shall be made to some of the Iustices of the one Bench c. or Iustices of the Peace with others of the most worthy of the County c. Accountant And that he viz. that will Complain of Sheriffs C. 9. § 1. N. 4. Leavying of the Kings Debt c. have his Suit as well before Iustices of the Peace as before other Iustices Statuta Rich. 2. Peace ITem 1 R. 2. Cap. 2. Our Lord the King greatly desiring the Tranquillity and quietness of his People Willeth and straightly Commandeth that the Peace within this Realm of England be surely observed and kept so that all his Lawful Subjects may from henceforth Safely and Peaceably go and come and dwell according to the Law and Vsage of the Realm Pleading And that Iustice and Right § 1. N. 6. be indifferently Ministred to every Person Riot Commissions shall be awarded to arrest Rioters 2 R. 2. C. 7. and other persons Offensive to the Peace and to Imprison them A Repeat of the Statute of 2 Rich. 2. Cap. 7. touching Riots 2 R. 2. St. 2. C. 2 Justices A profitable Act not Printed 4 Inst 176. 3 R. 2. N. 39. Rot. Pat. Treason It shall be Treason to begin a Riot or Rumour 1 Ed. 6. 5 R. 2. C. 6. § 1. N. 2 Cap. 12. Cap. 7. § 1. N. 2. And in such case viz. where entry is given by Law not with strong hand nor with multitudes of people Force but only in peaceable and easy manner 15 Ric. 2 Cap. 2. 7 Ric. 2. Ca. 5. Iustices c. shall Examine Vagabonds Poor bind them to their good abearing or Commit them to prison Cap. 13. Item It is ordained and assented Riot and also the King doth prohibit that from henceforth no man shall ride in Harness within the Realm Contrary to the form of the Statute viz. 2 Ed. 3. Cap. 3. of Northampton thereupon made neither with Launcegay within the Realm the which Launcegayes be cleerly put out within the Realm as a thing prohibited by our Lord the King upon pain of Forfeiture of the said Launcegayes Armours and other Harness in whose hands or possessions they be found that bear them within that Realm Contrary to the Statutes and Ordinances aforesaid without the Kings special Lycene 20 Rich 2. Cap. 1. 12 Ric. 2. Ca. 2 Item Chancery It is accorded that the Chancellor c. and all others that shall be called to ordain name or make Iustices of Peace c. shall be firmly sworn that they shall not ordain c. for any gift or Brocage Favour or Affection Cap. 10. Item It is ordained and agreeed Justices that in every Commission of the Iustices of Peace there shall be Assigned but six Iustices with the Iustices of Assises 14 Ric. 2. Cap. 11. § 1. N. 2. And that the said six Iustices shall keep their Sessions in every Quarter of the Year at least and by three dayes if need be Dayes upon pain to be punished according to the Discretion of the Kings Counsel at the suit of every man that will Complain 25 Ed. 3. Cap. 8. and 2. H. 5. Cap. 4. § 2. N. 2 14 H. 6. Cap. 4. N. 4. § 1. N. 3. And they shall enquire diligently among other things touching their Offices if the said Majors Bayliffs Stewards Constables Enquest and Goalers have duly done Execution of the said Ordinances viz. 12 R. 2. Cap. 3. 4. 5. 6. 7. 8. 9. Of Servants and Labourers Beggars and Vagabonds and shall punish them that be punishable by the said pain of an hundred shillings by the same pain and they that be found in default and be not punishable by the same pain shall be punished by their Discretion § 1. N. 4. And every of the said Iustices shall take for their wages four Shillings the day for the time of their said Sessions Fees and there will be two shillings of the Fines and Amerciaments rising and coming of the same Sessions by the hands of the Sheriffs § 1. N. 5. And that the Lords of Franchises shall be contributory to the said Wages after their rate of their part of Fines and Amerciaments aforesaid Franchise § 1. N. 6. And that no
Steward of any Lord be Assigned in any of the said Commissions 13 Ric. 2. Cap. 7. Ability § 1. N. 7. And that no Association shall be made to the Iustices of the Peace after their first Commission Joynder § 1. N. 8. And it is not the Intent of this Statute Appearance that the Iustices of the one Bench or of the other nor the Serjeants of the Law in case that they shall be named in the said Commissions shall be bound by force of this Statute to hold the said Sessions four times in the year as the other Commissioners the which be Continually dwelling in the County but that they shall do it when they may best attend it 13 Ric. 2. Ca. 7. Whereas it is Contained in the Last Statute made at Canterbury viz. 12 Rich. 2. Cap. 10. § 1. N. 6. Ability that no Steward of any Lord shall be Assigned in the Commission of the Iustices of Peace nevertheless for certain causes shewed in this Parliament it is accorded and assented that Iustices of the Peace shall be made of new in all the Counties of England of the most sufficient Knights Esquires and Gentlemen of the Law of the said Counties notwithstanding the said Statute 18 H. 6. Cap. 12. § 1. N. 2. And that the said Iustices be Sworn duly Justices and without favour to keep and put in Execution all the Statutes and Ordinances touching their Office Cap. 8. Item Victuals It is ordained c. that the Statutes and Ordinances made in the last Parliament holden at Canterbury viz. 12 Ric. 2. Cap. 3. 4. 5. 6. 7. 8. 9. as well of Servants Labourors Artificers and Victualers as of all other things saving the Exception viz. 12 R. 2. Cap. 10. § 1. N. 6. in the next Article before viz. 13 Rich. 2. Cap. 7. touching Iustices of Peace c. shall be firmly kept and duly executed Coron But forasmuch as a man cannot put the price of Corn § 1. N. 2. and other Victuals in certain it is Accorded c. that the Iustices of Peace in every County in two of their Sessions to be holden betwixt the Feast of Easter and St. Michael shall make Proclamation by their discretion according to the Dearth of Victuals how much every Mason Carpenter Tyler and other Craftsmen Workmen and other Labourers by the day as well in Harvest as in other times of the year after their degree shall take by the day with meat and drink or without meat and drink between the two Sessions beforesaid notwithstanding the Statutes viz. 23 Ed. 3. Cap. 6. and 12 R. 2. Cap. 4. thereof heretofore made and that every man obey to such Proclamations from time to time as a thing done by Statute Fees And in the Right of Victualers it is Accorded § 1. N. 3. that they shall have reasonable gains according to the Discretion and Limitation of the Iustices and no more upon pain to be grievously punished according to the Discretion of the said Iustices where no Pain is limited in certain before this time Drapery And that the Workers Weavers and Fullers C. 11. § 1. N. 3. viz of plain Cloaths of Somerset c. shall put their Seals to every Cloath that they shall work upon a certain Pain to be limited by the Iustices of the Peace c. Forest And that the Iustices of Peace have Power to Enquire C. 13. § 1. N. 4 viz. of Lay-men that have not forty shillings a year and Clerks not advanced to ten pound a year that Hunt or keep Dogs Nets c. and shall enquire of the Offenders in this behalf and punish them by the Pain aforesaid viz. Imprisonment a year Justices Item that in eyery County be Assigned eight Iustices of Peace 14 R. 2 C. 11 as is contained in the Statute of Canterbury viz. 12 Ric. 2. Cap. 10. besides the Lords Assigned in this Parliament Records And that the Estreats of the said Iustices be doubled § 1. N. 2. and the one part delivered by the said Iustices to the Sheriff to Leavy the mony thereof rising and thereof to pay to the Iustices their Wages by the hand of Sheriff by Indenture betwixt them therereof to be made Sheriffs And that the Sheriffs have allowance in their account in the Exchequer § 1. N. 3. by the same Indenture Dignity And that no Duke Earl Baron or Baronet § 1. N. 4. albeit they be Assigned Iustices of the Peace and hold their Sessions with the other Eight shall take any wages for the said Office Justices And that the Iustices put their names in the same Estreats § 1. N. 5. together with the number of the days of their Session to the intent that the Sheriffs may know to whom to pay Wages and to whom not and the Barons of the Exchequer to whom to allow and to whom not Seals And that the Seals be made for the Servants § 1. N. 6. and delivered to the keeping of some good man of the Country after the Puport of the said Statute of Canterbury viz. 12 R. 2. Cap. 11. N. 4. Measures Which Statute viz. 12 R. 2. Cap. 10. § 1. N. 7. with the notification of the same made at the last Parliament viz. 13 R. 2. Cap. 7 and the Statute of Weights and Measures And all other good Statutes and Ordinances made heretofore and not repealed shall be holden and kept and put in due Execution Force Item It is Accorded and Assented that the Ordinances and Statutes 15 R. 2. C. 2. made and not repealed of them that make Entries with strong-hand into Lands and Tenements or other Possessions whatsoever and them hold with force and also of these that make Insurrections or great Ridings Riots Routs or Assemblies in Disturbance of the Peace or of the Common-Law or in affray of the People shall be holden and kept and fully executed 8 H. 6. Cap. 9. Proces Ioyned to the same that at all times § 1. N. 2. that such forcible entry shall be made and Complaint thereof cometh to the Iustices of Peace or to any of them that the same Iustices or Iustice take sufficient Power of the County and also the Place where such force is made 13. H. 4. Cap. 7. 8 H. 6. Cap. 9. N. 2. § 1. N. 3 And if they find any that hold such Place forcibly after such entry made Imprisonment they shall be taken and put in the next Gaol there to abide Convict by the record of the same Iustices or Iustice until they have made Fine and Ransome to the King 18 H. 6. Cap. 9. § 1. N. 3. § 1. N. 4. And that all the People of the County as well the Sheriff as others Process shall be attendant upon the same Iustices to go and assist the same Iustices to Arrest such Offenders upon Pain of
Imprisonment and to mak◠Fine to the King 8 H. 6. Cap. 9. § 1. N. 4. § 1. N. 5. And in the same manner it shall be done of them that make such forcible Entries in Benefices or Offices of holy Church 8 H. 6. Cap. 9. § 1. N. 5. Church 17 R. 2. C. 8. The Sheriffs and all other the Kings Officers Riot shall Suppress Riots and Imprison them and all others Offending against the Peace 4. Inst 51. 13 H. 4. Cap. 7. C. 9. § 1. N. 7. Wherefore it is Accorded c. Fish That the Iustices of Peace of all the Counties of England shall be Conservators of the said Statutes viz. 13 Ed. 1. St. 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. in the Counties where they be Iustices and that they and every of them at all times when they may attend shall Survey the Offences and Defaults attempted against the Statutes aforesaid § 1. N. 8. And also shall Survey and Search all the Wears in such Rivers Sewers that they shall not be very strait for the distinction of such Fry and Brood but of reasonable widenes after the old Assise used and accustomed § 1. N. 9. And that the same Iustices or any of them which shall find Default Process or Abuse against the Statutes aforesaid viz. 13 Ed. 1. St. 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. shall make due Punishment of them which be found in default after the Content of the same Statute §. 1. N. 10. And that the same Iustices Deputy shall put good and sufficient Vnder-Conservators of the same Statutes viz. 13 Ed. 1. St 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. under them which shall be sworn to make like Surveying Search and Punishment without any favour thereof to be shewed § 1. N. 11. And moreover that the same Iustices in their Sessions shall Enquire Enquest as well by their Office as at the Instance of the under-Conservators aforesaid of all Trespasses Misprisions and Defaults made against any of the Points aforesaid § 1. N. 12. And shall cause them which be thereof Indicted to come before them Process Imprisonment § 1. N. 13. And if they be thereof Convict they shall have Imprisonment and make Fine after the discretion of the same Iustices C. 10. Item Forasmuch as Theeves notoriously defamed Enquest and others taken with the manner by their long abiding in Prison after that they be arrested be delivered by Charters and favourable Enquests procured to the great hindrance of the People § 1. N. 2. It is Accorded and Assented Justices that in every Commission of the Peace through the Realm where need shall be two men of Law of the same County where such Commission shall be made shall be assigned to go and proceed to the deliverance of such Theeves and Felons as often as they shall think it expedient 18. H. 6. Cap. 11. 20 R. 2. p. 186. The King at his Parliament holden at Westminster in the Feast of St. Vincent the twentieth year of his Reign by the Assent of the Prelates Parliament Lords and Commons of his Realm of England assembled in the same present Parliament for the Quietness and Tranquillity of his People hath made certain Statutes and Ordinances in the form which followeth Cap. 1. First Peace whereas in a Statute made the seventh year of the Reign of the King that now is viz. 7 R. 2. Cap. 13. It is Ordained and Assented that no man shall ride Armed within the Realm against the form of the Statute of Northampton viz. 2 Ed. 3. Cap. 3. thereupon made nor with Launce-gays within the same Realm § 1. N. 2. And that the said Launce-gays shall be utterly put out within the said Realm as a thing prohibited by the King War upon pain of forfeiture of the same Launce-gays Armors or any other Harnes in the hands and possessions of them that bear them from henceforth within the same Realm against the same Statutes and Ordinances viz. 2 E. 3. Cap. 3. 7 Rich. 2. C. p. 13. without the Kings special Licence Riot Our Lord the King §. 1. N. 3. considering the great clamour made to him in this present Parliament because that the said Statute is not holden hath ordained and established in the said Parliament that the said Statutes viz 2 Ed. 3. cap. 3. 7. Rich. 2. cap. 13. shall be fully holden and kept and duly executed and that the said Lance-gayes shall be thereby put out upon the pain contained in the said Statute of Northampton viz. 2 Ed. 3. cap. 3. and also to make fine and ransom to the King Officer And moreover that no Lord Knight nor other § 1. N. 4. little nor great shall go nor ride by night nor by day armed nor bear Sallet nor Skull of Iron nor of other Armor upon the pain aforesaid Save and except the Kings Officers and Ministers in doing their Office Maintenance And moreover the King will and hath ordained § 1. N. 5. that the Statute made the first year of his Reign viz. 1 Rich. 2. cap. 7. Of Liveries of Hats shall be holden and kept upon the pain contained in the same Statute and upon pain to be imprisoned and make Fine and Ransome to the King Statuta Hen. 4. Justices JOyned thereto viz. to 1 H 4 Cap. 7. 2 H. 4. Ca. 21. § 2. N. 3. Of Liveries that the Iustices of the one Bench and of the other and the Iustices of Assises and of the Peace have power and authority to enquire hear and determine in this case by Record in their presence or by inquiry to be made from time to time Force And if such Disseisor be attainted of such Dissessin made in such forcible manner he shall have one years imprisonment 5 H. 4. Cap. 8. § 1. N. 3. and yeild to the party greived his double damages Justices And that in the Commissions of the Peace hereafter to be made 4 H. 4. Cap. 3. § 1. N. 2. this Article be put in that the Iustices of the Peace have power thereof viz. of Watches on the Sea-coasts to make inquiry in their Sessions from time to time and to punish them which be found in default after the tenor of the said Statute viz. 13 Ed. 1. St. 2. 3. cap. 4. Of Winchester Imprisonment Item because that divers Constables of Castles within the Realm of England be assigned to be Iustices of Peace by Commission of our Lord the King Cap. 10. and by colour of the said Commissions they take people to whom they bear evil will and imprison them within the said Castles till they have made fine and ransom with the said Constables for their deliverance It is ordained and established § 1. N. 2. that none be imprisoned by any Iustice
for the party Complainant as of the Default or Defaults of the said Iustices Sheriff or under Sheriff in this behalf supposed to be directed to sufficient and indifferent persons at the nomination and by the direction of the Chancellor of the Realm of England § 1. N. 9. And that the said Commissioners presently shall return into the Chancery the Enquests and matters before them Return in this behalf taken and found § 1. N. 10. And moreover that the Coroners of the same County for the time being Enquest in which Country such Riot Assembly and Rout shall be made shall make the Pannel upon the said Commission returnable for the time that the Sheriff so supposed in default shall continue in his Office Enquest Which Coroners shall return no persons § 1. N. 11. but only such which have Lands Tenements or Rents to the value of ten pounds by the year at least Coron And also that the same Coroners shall return upon every of the said persons impanelled at the first day when Issues be to be left 20 s. at least § 1. N. 12. and at the second day 40 s. at least and at the third day 100 s at least and at every day after the double at the least which Issues so returned in respect of nonappearances of such persons Impanelled shall be adjudged as forfeit to the King and Lyable to his use Return And if default be found in the said Coroners § 1. N. 13. touching the returne of such persons to be Impanelled or touching the return of such Issues as afore is said that every of them shall forfeit to the Kings use Forty pounds Sheriff And if it happen the said Sheriff so reputed in default § 1. N. 14. be discharged of his Office at the time that such Commission shall be awarded out of the Chancery that then the new Sheriff of the same County his Successor mediat or immediat for the time being and not the Coroners of the same County shall make the Pannel upon this Commission retornable in manner and form as the said Coroners should do in time when the Sheriff so reputed in default Continued in his Office Sheriff And that the same new Sheriff § 1. N. 15. shall incur like pain of Forty pounds to the King if any default in him be found touching the returne of other person by him Impannelled which have not Lands Tenements or Rents to the valve of Ten pounds by the Year or of returning such Issues which the Coroners be above charged to return as the said Coroners are to lose to the King in this behalf Chancery And that the Chancellour of England § 1. N. 16. for the time being as soon as he may have knowledge of such Riot Assembly or Rout shall cause to be sent the Kings Writ to the Iustices of the Peace and to the Sheriff or under Sheriff of the County where they be so made that they shall put the Statute viz. 13 H. 4. Cap. 7. in Execution upon the pain Contained in the same Execution And though that such Writ come not to the said Iustices § 1. N. 17. Sheriff or under Sheriff they shall not be excused of the pain aforesaid if they make not Execution of the said Statute viz. 13. H. 4. Cap. 7. Fees Provided alwayes that the said Iustices § 2. N. 1. and other Officers aforesaid shall execute their offices aforesaid at the Kings costs in going and Continuing in doing their said Offices by payment thereof to be made by the Sheriff of the same County for the time being by Indenture betwixt the Sheriff and the said Iustices and other Officers aforesaid to be made of the payment aforesaid whereof the said Sheriff upon his account in the Exchequer may have due allowance Riot And that such Rioters attainted of great and hainous Riots shall have one whole years Imprisonment at the least without being let out of Prison by Bayl Mainprise or in other manner § 2. N. 2. during the year aforesaid Imprisonment And that the Rioters attainted of pety Riots § 2. N. 3. shall have Imprisonment as best shall seem meet to the King or to his Counsel Americament And that the Fines of such Rioters attainted § 2. N. 4. shall be by the said Iustices increased and put to greater sums then they were wont to be put in such cases before the time in aid and Supportation of the Iustices and other Officers aforesaid in this behalf Process And that the Kings Leige people being sufficient to Travel in the County where such Routs Assemblies or Riots be § 2. N. 5. shall be Assistant to the Iustices Commissioners and Sheriff or under Sheriff in aid to resist such Riots Routs and Assemblies upon pain of Imprisonment and to make Fine and Ransom to the King Franchise And that the Bayliffs of Franchises shall cause to be Impannelled sufficient persons as before § 2. N. 6. upon pain to loose to the King Forty pounds in case that such sufficient persons may be found within the same Franchises § 2. N. 7. And that like Ordinances and payments shall hold place and take effect in Cities Burroughs and other places and Towns Corporation Infranchised which have Iustices of the Peace within the Cities Burroughs Towns and other places aforesaid § 2. N. 8. And that this Statute shall begin to hold place presently after the Proclamation thereof made Dayes Cap. 9. § 2. N. 1. Provided alwayes that the suggestions of such Riots viz. by persons fled to places unknown be testified to the Chancellor of England Riot by Letters sealed under the Seals of two Iustices of Peace at the least and the Sheriff of the County where such Riots shall be made before that the Writ of Capias be granted 8 H. 6. Cap. 14. § 2. N. 1. 2 H. 5. St. 2. p. 217. Our Lord the King at his Parliament holden at Westminster the Monday next after the Utas of St. Martin the second year of his Reign Parliament by the Advice and Assent of the Lords Spiritual and Temporal and at the special Instance and request of the Commons of his Realm then there Assembled hath ordained and established divers Ordinances and Statutes in the manner and form as followeth Cap. 1. First Justices that the Iustices of the Peace from henceforth to be made within the Counties of England shall be made of most sufficient persons dwelling in the same Counties by the advice of the Chancellor and of the Kings Counsel without taking other persons dwelling in Forraign Counties to execute such Office except the Lords and the Iustices of Assises now named and to be named by the King and his Counsel and except all the Kings cheif Stewards of the Lands and Seigniories of the Dutchy of Lancaster in the North parts and in the
it be found before any of them that any doth contrary to this Statute then the said Iustices or Iustice Justices shall cause to be reseised the Lands and Tenements so entred or holden as aforesaid and shall put the Party so put out in full possession of the same Lands and Tenements so entred or holden as before § 3. N. 3. And if any person after such entry into Lands and Tenements holden with force make a Feoffment or other Discontinuance Assurances to any Lord or other person to have Maintenance or to take away and defraud the Possession of his recovery in any wise if after in Assise or other Action thereof to be taken or persued before the Iustices of Assises or other the Kings Iustices whatsoever by due enquiry thereof to be taken the same Feoffments and Discontinuances may be duly proved to be made for Maintenance as afore is said that then such Feoffments or other Discontinuances so as before made shall be Void Frustrate and holden for none § 4. N. 1. And also when the said Iustices or Iustice Process make such Enquiries as before they shall make or one of them shall make their Warrants and Precepts to be directed to the Sheriff of the same County Commanding him of the Kings behalf to cause to come before them and every of them sufficent and indifferent persons dwelling next about the Lands so entred as before to enquire of such Entries § 4. N. 2. Whereof every man which shall be impannelled Enquest to enquire in this behalf shall have Lands or Tenements of the yearly value of forty shillings at the least by the year above Reprises § 4. N. 3. And that the Sheriff return Issue upon every of them at the day of the first Precept returnable twenty shillings Sheriffs and at the second day forty shillings and at the third an hundred shillings and at every day after the double § 4. N. 4. And if any Sheriff or Bailiff within a Franchise Return having return of the Kings Writ be slack and make not Execution duly of the said Precepts to him directed to make such Enquiries that he shall forfeit to the King twenty pounds for every Default and moreover shall make Fine and Ransom to the King § 5. N. 1. And that as well the Iustices or Iustice aforesaid Justices as the Iustices of Assises and every of them at their coming into the County to take Assises shall have and every of them shall have Power to hear and determin such Defaults and Negligencies of the said Sheriffs and Bailiffs and every of them as well by Bill at the Suit of the Party greived for himself as for the King to sue by Indictment only to be taken for the King § 5. N. 2. And if the Sheriff or Bailiff be duly attainted in this behalf by Indictment or by Bill that he which sueth for himself and for the King Sheriffs have the one Moyety of the Forfeiture of twenty pounds together with his Costs and Expences § 5. N. 3. And that the same Process be made against such persons Indicted or sued by Bill in this behalf Process as should be against Persons Indicted or sued by Writ of Trespass done with force and Arms against the Peace of the King § 6. N. 1. And moreover if any Person be put out or disseized of any Lands or Tenements in forcible manner or put out peaceably Disseisor and after holden out with strong hand or after such Entry any Feoffment or Discontinuance in any wise thereof be made to defraud and take away the Right of the Possessor that the Party grieved in this behalf shall have Assise of Novel Disseisin or a Writ of Trespass against such Disseisor § 5. N. 2. And if the Party grieved Force recover by Assise or by a Action of Trespass and it be found by Verdict or in other manner by due form in the Law that the Party Defendant entred with force into the Lands and Tenements or them after his entry did hold with force that the Plaintiff shall recover his treble Damages against the Defendant § 6. N. 3. And moreover that he make Fine and Ransom to the King Amercement § 6. N. 4. And that Mayors Iustices or Iustice of the Peace Sheriffs and Bailiffs of Cities Justices Towns and Boroughs having Franchise have in the said Cities Towns and Boroughs like power to remove such Entries and in other Articles aforesaid rising within the same as the Iustices of Peace and Sheriffs in Counties and Countries aforesaid have Force Provided always § 7. N. 1. that they which keep their Possessions with force in any Lands and Tenements whereof they or their Ancestors or they whose Estate they have in such Lands and Tenements have continued their Possessions in the same by three years or more be not endamaged by force of this Statute Riot Our Lord the King c. hath ordained c. that the said Statute C. 14. § 1. N. 15. viz. 2 H. 5. Cap. 9. shall now be kept and firmly holden for a Statute for ever c. Certificat Provided always § 2. N. 1. that it be testified by two Iustices of Peace of the Counties where such Riot shall be supposed that the common Fame and Voice runneth in the same Counties of the same Riots before that the Writ of Capias shall be awarded 2 H. 5. Cap. 9. § 2. N. 1. Indictment Item 11 H. 6. C. 6. Our Lord the King considering the great Losses and Damages which often times have come and be like co come hereafter as well to himself as to many of his Leiges for that where as well divers Indictments and Suits for our Lord the King as other Suits between party and party have been taken before divers Iustices of the Peace Assigned by several Commissions of our said Lord the King in divers Counties of England and divers Pleas and Processes upon these Indictments have been often made and hanging before the same Iustices not determined the which Pleas and Processes have been often Discontinued by making new Commissions of the Peace in those Counties to the great Loss of our said Lord the King and of his Subjects in delay of the same Pleas and Suits and of the Deliverance of his said Subjects Abatement And upon that our Lord the King willing to provide remedy of the Assent and Authority abovesaid hath Ordained and Established § 1. N. 2. that in all such Pleas Suits and Processes in them to be taken and to be made before Iustices of Peace in any County of England the said Pleas and Processes in such Suits to be done shall not be discontinued by such new Commissions of the Peace to be made but these Pleas and Processes shall stand in their force Justices And the Iustices in the same new Commission so Assigned
of this present Parliament the Towns and Places wherein they shall think most necessary to have a common Goal newly edified and made 2 Inst 705 706. and 5 Eliz. 24. cap. § 3. N. 1. Notice And be it further Enacted § 4. N. 1. That several Commissioners under the Kings great Seal with this present Act thereto affiled shall be directed to the Iustices of Peace of the Shires aforenamed authorizing them to accomplish and execute this present Act according to the tenor thereof in every behalf Imprisonment Be it further Enacted c. § 7. N. 1. That like Provision in every behalf be had for a new Goal to be made within the County of Derby in like form as is provided for other Shires aforesaid Ale And that every Beer-Brewer and Ale-Brewer shall not take over and above for every such Barrel Kilderkin C. 4. § 5. N. 1. or Firkin of Ale and Beer but after such Prizes and Rates as shall be thought convenient and sufficient by discretions of the Iustices of Peace within every Shire where such Beer-Brewer and Ale-Brewer shall dwell without any City Borough or Town Corporate where no head-Officers as Mayors Bailiffs Sheriffs and other head-Officers have no Authority or Rule 8 Eliz. 9. § 5. N. 1. Cap. 5. § 5. N. 2. And before he viz. Commissioner of Sewers shall take upon him the Execution of the said Commission Sewers he shall take a Corporal Oath before the Lord Chancellor or before such to whom the said Lord Chancellor shall direct the Kings Writ of Dedimus Potestatem to take the same or before the Iustices of the Peace in the Quarter Sessions holden in the Shire where such Commissions shall be directed c. Cap. 8. § 2. N. 2. And if it shall happen any person Mettle c. for prosecuting any Suit or Action upon this Statute viz. against Tinners that do not make sufficient Hatches and Tyes for Gravel c. or by occasion of the same hereafter to be imprisoned by any manner of person c. being Officers or Ministers of the Stannery their Deputies or Substitutes that then every of the Iustices of Peace within any of the Counties aforesaid viz. Devonshire or Cornwal wherin the said Prisoner shall happen to be Committed to Prison upon credible Information thereof taking Surety by his descretion for Appearance of such Prisoner at the next general Sessions of the Peace shall have Power c. as well to direct his Warant to the Goaler c. as to any other Person to whom the said Prisoner shall be committed unto commanding him c. upon pain c. of 40 l. to deliver and put at large the said Prisoner c. 27 H. 8. Cap. 23. § 4. N. 1. § 2. N. 6. And if it shall appear upon the Appearance of such Prisoner at the Quarter Sessions by examining of the Iustices of Peace there being Justices that he was imprisoned contrary to the form of this Statute then he shall be forthwith dismissed and thereby discharged and if he were lawfully Imprisoned for any other just Cause then to be remanded to Prison by the discretion of the said Iustices 27 H. 8. Cap. 23. § 4. N. 3. Cap. 1◠§ 3. And be it Enacted c. that the Lord Chancellor of England Sewers c. at all times c. upon request to him to be made by the Mayor and Commonalt◠of the said City viz. of York and Town viz. of Hull or by any other Citizen and Burgess of the said City and Town c. or other person by them under the common Seals of the said City and Town Authorised shall have Power and Authority by his discretion to make and direct like Commission viz. as for Surety unto eight sad and discreet persons whereof four of them be of the Citizens and Inhabitants of the said City and Town and the other four to be Iustices of Peace whereof two to be of the West-Riding and the other two of the East-Riding of the County of York not of Fee nor retained with the said City or Town that they eight seven six five or four of them whereof two of them shall be of the said City and Town and the other two Iustices of Peace the one of the East-Riding the other of the West-Riding of the said County by Virtue of the said Commission shall and may the said Owners assign and appoint to pull up and redress viz. in the River of Ouse and the water of Humber or cause to be pulled up and redressed within thirty days after monition given to the said Owners by the said Commissioners or by such of them taking the charge of the Execution of the said Commission such and as much of the said Fish-gart his and other Impediments to be made in the said Waters viz. of Ouse and Humber to the Let Disturbance Damage or Ieoperdy of any Ships Keyls Boats or any other Vessels passing or repassing to or from the said City of York to the said Town of Hull as by them shall be thought meet and convenient 24 H. 8. C. 1◠§ 2. N. 4. And if the Offence Fowle viz. not endeavouring to destroy Crows Rooks and Choughs be done contrary to this Statute by any person c. which shall dwell and have the Manurance of and in such Mannors Meases Lands Tenements or Hereditaments whereunto such Leets Law-days Rapes and Courts do not belong or by reason whereof any such Courts be not holden that then upon a Presentment thereof had before the Sheriffs c. or Iustices of Peace in their Sessions c. the Iustices of Peace or two of them at the least if the Presentment be before them in their Sessions shall assess and set the said Amerciament after the quantity of the Offence by their discretions c. Justices And further be it Enacted § 5. N. 1. c. That as well the Iustices of the Peace in their Sessions c. to be hereafter holden before them or any of them shall give in Charge to the Tenants and Inhabitants and all other appearing before any of them that they shall duly inquire and put in execution the effect of the Premises in due time viz. yearly so that this Act may be fully executed and Choughs Crows and Rooks thereby destroyed in all parts of this Realm c. Fowle And if any such Owner or Farmer viz. on whose Grounds Rooks § 7. N. 2. Choughs or Crows be killed refuse to pay the said mony accordingly as is aforesaid viz. two pence for twelve a penny for six a half-penny for three old Rooks Choughs or Crows killed then upon Complaint and Proof thereof made to any of the Iustices of Peace or High-Constable the said Iustice of Peace or High-Constable shall cause the said mony to be levyed by distress of the Goods and Cattels of every such Farmer or Owner refusing to pay the same
punish the Infringers and Contemners thereof in such wise as is limited by the same have been very remiss and negligent in doing their Offices to the great detriment hurt and prejudice of the Common-wealth Days For Reformation whereof § 1. N. 3. be it Enacted by the King our Soveraign Lord with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same that all and singular the Iustices of Peace within any Shire City Borough or Place within this Realm of England Wales or any other the Kings Dominions shall yearly at the general Sessions of the Peace to be holden next after the Feast of Easter assemble themselves together that is to say every Number of them within the limits of their Commissions wherein they be named Iustices of Peace 37 H. 8. Cap. 7. Peace And at and upon such their Assembly § 1. N. 4. shall diligently together amongst themselves peruse examine study and know the Effects and true Intents of the Laws Statutes Ordinances and Provisions hereafter specified that is to say the Laws and Scatutes heretofore made and provided concerning or in any wise touching Vagabonds Retainers giving Liveries Signs Tokens or Badges Maintenance Imbracery Bowstaves and Archery unlawful Games Forestallers and Regrators Victual-Victualers and Inn-holders and every of them and of all Statutes and Laws made in this present Parliament touching the same or any of them and after the perusing and deliberate understanding of the said Laws Statutes and Ordinances they shall devise among themselves how the same may be best put in due and just Execution 37 H. 8. Cap. 7. § 1. N. 2. Lieu. And for the better proceeding therein § 1. N. 5. they shall divide and sever them selves limiting and assigning alwayâ—s the number of two of them at least or more into Hundreds Wapentakes Rapes Commotes or number of Towns and Villages by their discretions 37 H. 8. Cap. 7. § 1. N. 4. Justices And that the said Iustices so divided § 1. N. 6. or two of them at the least shall in every Quarter of the Year from and after the said Feast of Easter next coming hold and keep within the limits of their Division one Session besides the general Quarter Sessions for the Peace the said one Session to be kept and holden alwayes within the limits of their Division at and in one such day as by them shall be appointed so that it be always six weeks at the least before the Quarter Sessions 37 H. 8. Cap. 7. § 1. N. 7. Dayes And that all Process and Proceedings in every of the said Sessions so to be holden shall be continued from Sessions to Sessions 37 H. 8. Cap. 7. § 1. N. 7. § 1. N. 6. Enquest And that the said Iustices or two of them at the least § 1. N. 8. at and in every such Sessions shall have power and authority to enquire as well by the Oaths of twelve men Inhabitants within the limits of their Division as by any Information given to them by any Person or Persons of all defaults offences or contempts done or committed or hereafter to be done or committed against the Form of any of the Statutes aforesaid and to hear and determin the same 37 Hen. 8. Cap. 7. § 1. N. 7. Outlary And shall also have power and authority upon any Presentment or § 1. N. 9 Information touching the Premises or any of them to make Process by Venire Facias one Capias and an Exigent under the Seals of the same Iustices or two of them against every such Person and Persons against whom any such Information or Presentment shall be had for their appearance afore them in their Sessions to be holden as is aforesaid to answer to such Information or Presentment as shall be there had or made 37. H 8. Cap. 7. § 1. N. 8. §. 1. N. 10. And if the Person or Persons accused by Information or Presentment shall be convict upon any such Information or Presentment by Confession or Verdict of twelve men that then the said Iustices of Peace Execution or two of them afore whom such conviction shall be had shall have power and authority to give Iudgement against every such Offender and Offenders so convict of such pains by imprisonment or such Pains losses and forfeitures of mony or both or any of them as are limited in the said several Statutes for such offences whereof they shall be so convict and cause Execution thereof to be made and had accordingly 37 H. 8. Cap. 7. § 1. N. 9. § 1. N. 11. And also the said Iustices of Peace or two of them Inquest at and in their said Sessions to be holden as is aforesaid shall have power and authority to correct and reform the Pannels of Iuries for any Inquiries to be made afore them touching the said Statutes or any of them in like manner or form as Iustices of Goal-delivery and of Peace may do in their Sessions by vertue of a Statute thereof made in the third year of our most dread Soverign Lord the Kings Raign that now is viz. 3 H. 8. 12. 37 H. 8. Cap. 7. § 1. N. 10. § 1. N. 12. And that the Sheriffs and other Ministers having power to return Pannels Return shall make his and their Returns according to such Reformation and Correction of the Iustices aforesaid upon the Pain limited by the same Statute viz. 3 H. 8. Cap. 12. 37 H. 8. 7. § 1. N. Cap. 11. § 2. N. 1. And it is ordained and enacted by Authority aforesaid Prerog that if any person or persons be Convict as is aforesaid by any Information afore the said Iustices or two of them within the limits of their Division that then the Moity of the Pains Losses and Forfeitures of Mony of the Offenders so Convict shall be to the Kings Majesties use and the other Moity thereof to the Party that persueth such Information according to the tenor and effect of the said several Statutes § 2. N. 2. And if any Conviction be had by reason or upon any Presentment Forfeiture that then the Kings Majesty shall have the whole Pains Fines and Forfeitures of the Offenders all which Pains Fines Losses and Forfeitures of Mony to be due to the King by reason of any Conviction as is aforesaid together with all Issues Fines and Amercements afore the said Iustices within the limits of their Division shall be levyed by the Sheriff or his Ministers by a Schedule Indented to be made between such Iustices or two of them afore whom such Pains Losses and Forfeitures Fines Issues and Amercements shall be lost and forfeit and the said Sheriff § 2. N. 3. The one part of which Schedule Certificate shall be certified by the said Iustices or two of them yearly in the Term of St. Michael into the Kings Exchequer
such Offender to the Goal or House of Correction there to remain without Bail or Mainprise until the next General Quarter-Sessions Assizes Goal delivery great Sessions or sitting of any Commissioner of Oyer and Terminer in the respective County Limit Division or Liberty which shall first happen Indictment When and where every such Offender shall be procéeded against by Indictment c. and shall forthwith be Arraigned N. 2. c. Process And if such c. shall be lawfully Convicted c. either by Confession or Verdict or if such Offender shall refuse to plead the General Issue N. 3. then the respective Iustices of the Peace at their General Quarter-Sessions c. are hereby enabled and required to cause Iudgment to be Entred c. that such Offender shall be Transported beyond the Seas to any of his Majesties Forreign Plantations Virginia and new-new-England only excepted there to remain seven years Ouster le nere And shall forthwith under their Hands and Seals make out Warrants to the Sheriff N. 4. c. of the same County where such Conviction or refusal to plead or to confess as aforesaid shall be safely to Convey such Offender to some Port or Haven nearest or most Commodious to be appointed by them respectively and from thence to Imbark such Offender to be safely Transported c. Process And the said respective Court shall then also make out Warrants to the several Constables N. 6. Headboroughs or Tythingmen of the respective places where the Estate real or personal of such c. shall happen to be Commanding them thereby to sequester c. the profits of the Lands and distrain and fell all the Goods of the Offender c. for the reimbursing of the said Sheriff all such reasonable Charges as he shall be at and shall be allowed him by the said respective Court Forfeiture Provided alwayes and be it further Enacted That in case the Offender § 7. N. 1. c. shall pay into the hands of the Register or Clerk of the Court or Sessions where he shall be Convicted before the said Court or Sessions shall be ended the Sum of one Hundred pounds that then the said Offender shall be discharged from Imprisonment and Transportation and the Iudgment for the same Certificate Be it further Enacted That the Lieutenants § 10. N. 2. c. and also the Sheriffs and Iustices of the Peace c. or any of them joyntly or severally c. with such other Assistance as they shall think meet or can get in readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Iustice of the Peace c. of his particular Information and Knowledge of such unlawful Méetings or Conventicles held c. and that he with such Assistance as he can get together is not able to supprese or dissolve the same shall and may c. repair unto the place where they are so held c. and by the best means they can to dissolve and dissipate or prevent all such unlawful Méetings and take into their Custody such of those Persons so unlawfully Assembled as they shall judge to be the readers and seducers of the rest c. Force Provided also and be it Enacted c. That the Iustices of the Peace § 15. N. 1. c. shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial enter into any House or other place where they shall be Informed any such Conventicle c. is or shall be held § 16. N. 1. Provided That no dwelling House of any Péer Priviledge c. whilest he or his Wife shall be there resident shall be searched c. but by Immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one of the Deputy Lieutenants or two Iustices of the Peace whereof one to be of the Quorum of the same County c. N. 2. Nor shall any other dwelling House of any Peer or other Person whatsoever be entred into with force Justices c. but in presence of one Iustice of the Peace c. except in London c. § 17. N. 1. Provided also and be it Enacted Imprisonment c. That no Person shall by vertue of this Act be Committed to the House of Correction that shall satisfie the said Iustices of the Peace c. that he or she or in Case of a Feme Covert that her Husband hath an Estate of Frée-hold or Copy-hold to the value of Five pounds per Annum or personal Estate to the value of Fifty pounds 16 17 Car. 22. § 1 N. 4. Viz. Coals to be xxxvi Bushels Guildhal Measure Measures or cxii l. Aver du Pois weight c. upon pain of Forfeiture of all the Coals which shall be otherwise Sold or exposed to Sale by any Woodmonger or Retailer of Coals and the double value thereof to be recovered by any c. in any Court of Record or by way of Complaint made unto the Lord Mayor of London for the time being and the Iustices of Peace within the City of London and Liberties thereof or to any two of them or to the Iustices of Peace of the several and respective Counties and Places where such Coals shall be exposed to Sale or any of them who are hereby Impowred and required to call the Parties before them and to hear and Examine such Complaint upon Oath which by vertue of this Act is to be Administred by them or any two of them and upon due proof thereof made to their satisfaction to Convict the Offenders and to give Warrant under their Hands and Seals for levying the Forfeitures accordingly N. 6. And the said Lord Mayor of London and the Court of Aldermen for the time being and the Iustices of Peace of the several Counties respectively Fuel or any thrée or more of them whereof one to be of the Quorum are hereby Impowred to set the Rates and Prices of all such Coals as shall be sold by Retail as they from time to time shall Iudge reasonable allowing a Competent profit to the said Retailer beyond the Price paid by him to the Importer and the ordinary Charges thereupon accrewing § 2. N. 2. And in Case of refusal viz. by Woodmonger c. to sell at Prices set Process the Officer appointed by the Lord Mayor or by the Justices to enter c. taking a Constable to force entrance and the said Coals to Sell or cause to be Sold at such Rates c. § 4. N. 2. And if any Action shall be Commenced against any Iustice of Peace Constable or other Officer or Person for any thing done by colour of this Act Pleading the Defendant in every such action may plead the General Issue and give the
Certified into the Exchequer together and not one without the other and no Iustite shall or may be questioned or accountable for the same in the Exchequer or elsewhere then in the Quarter-Sessions c. § 3. N. 2. And if the said Preacher or Teacher so Convicted be a Stranger Process or his Name and Habitation not known or is fled and cannot be found or in the Iudgment of the Iustice Iustices or Chief Magistrate before whom he shall be Convicted shall be thought unable to pay the same the said Iustice c. are hereby Impowered and required to Levy the same by Warrant as aforesaid upon the Goods and Chattels of any such Persons who shall be present at the same Conventicle any thing in this or any other Act Law or Statute to the contrary notwithstanding c. § 6. N. 1. Provided also and be it further Enacted Error That in all Cases of this Act where the Penalty or Sum charged on any Offender excéeds the Sum of Ten shillings and such Offender shall find himself agrieved it shall and may be lawful for him within one Week after the said Penalty or Money charged shall be paid or Levied to appeal in writing from the Person c. Convicting to the Iudgment of the Iustices of the Peace in their next Quarter-Sessions N. 2. To whom the Iustice Justices c. that first Convicted such Offender shall return the Money Levied upon the Appellant and shall Certifie under his and their Hands and Seals the Evidence upon which the Conviction past with the whole Record thereof and the said Appeal N. 4. And in Case such Appellant shall not prosecute with Effect Costs or if upon such Tryal he shall not be acquitted or Iudgment pass not for him upon his said Appeal the said Iustices at the Sessions shall give trebble Costs against such Offender for his unjust Appeal N. 5. And no other Court whatsoever shall Intermeddle with any Cause or Causes of Appeal upon this Act Certiorari but they shall be finally determined in the Quarter-Sessions only § 7. N. 1. Provided alwayes and be it further Enacted Recognizance That upon the delivery of such Appeal as aforesaid the person Appellant shall enter before the person c. Convicting into a Recognizance to prosecute the said Appeal with effect N. 2. Which said Recognizance the Person c. so Convicting Certificate is hereby Impowered to take and required to Certifie the same to the next Quarter-Sessions N. 3. And in Case no such Recognizance be Entred into Bail the said Appeal to be null and void § 9. N. 1. And be it further Enacted c. That the Iustice c. of the Peace and Chief Magistrate respectively or the respective Constables Process Headboroughs and Tithingmen by Warrant from the said Iustice c. shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial to enter break open and enter into any House or other place where they shall be Informed any such Conventicle as aforesaid is or shall be held as well within Liberties as without N. 2. And take into their Custody the Persons there unlawfully Assembled Imprisonment to the Intent they may be proceeded against according to this Act. N. 3. And that the Lieutenants or Deputy-Lieutenants or any Commissioned Officer of the Militia or other of his Majesties Forces War with such Troops or Companies of Horse and Foot and also the Sheriffs and other Magistrates and Ministers of Iustice or any of them jointly or severally within any the Counties or Places within c. viz. England Wales or Berwick with such other Assistance as they shall think méet or can get in readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Iustice of the Peace or Chief Magistrate of his particular Information or knowledge of such unlawful Méeting or Conventicle held or to be held in their respective Counties or Places and that he with such Assistance as he can get together is not able to suppress and dissolve the same shall and may and are hereby required and enjoyned to repair unto the Place where they are so held or to be held and by the best means they can to dissolve dissipate or prevent all such unlawful Méetings and take into their Custody such and so many c. as they shall think fit c. Priviledge Provided alwayes that no Dwelling House of any Peer of this Realm §. 10. N. 1. where he or his wife shall then be resident shall be searched by vertue of this Act but by Immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one Deputy-Lieutenant or two Iustices of Peace whereof one to be of the Quorum of the same County or Riding Constable And be it further Enacted c. That if any Constable Headborough § 11. N. 1 Tythingman Church-warden or Overséer of the Poor who shall know or be credibly Informed of any such Meeting c. held within his Precincts Parishes or Limits and shall not give Information thereof to some Iustice of the Peace or the Chief Magistrate and endeavour the Conviction of the Parties according to his duty but such c. or any c. lawfully called in aid c. shall wilfully and wittingly omit the performance of his duty in the Execution of this Act and be thereof Convicted in manner aforesaid he shall forfeit c. Five pounds c. Justices And that if any Iustice of Peace or Chief Magistrate shall wilfully and wittingly omit the performance of his duty in the Execution of this Act N. 2 he shall forfeit c. one hundred pounds c. Certificate And in Case any Person offending against this Act § 13. N. 3. shall be an Inhabitant in any other County or Corporation or fly into any other County or Corporation after the Offence Committed the Iustice of Peace or Chief Magistrate before whom he shall be Convicted as aforesaid shall Certifie the same under his Hand and Seal to any Iustice of Peace or Chief Magistrate of such other County or Corporation wherein the said Person or Persons are Inhabitants or are fled into Process Which said Iustice or Chief Magistrate respectively N. 4. is hereby Authorized and required to Levy the Penalty c. in this Act mentioned upon the Goods and Chattels of such Person c. as fully as the said other Iustice of Peace might have done in Case he or they had been Inhabitants in the place where the Offence was Committed Measures Viz. the xl s. forfeit by Selling Corn or Salt c. by unsealed Measures C. 8. § 2. N. 3. c. to be Levied in such manner and such other Penalties for
2. c. That it shall and may be Lawful to and for any Iustice of the Peace of any County City Town or Liberty within c. viz. England Wales or Berwick by Warrant under his Hand and Seal to require the Sheriff Goaler or Kéeper of any Prison within his respective Iurisdiction to bring without delay the body of any Person being in Prison for Debt c. viz. on 14 April 1671. or Damages and petitioning such Iustice to be discharged to some Convenient place within the Distance of one mile from the said Prison N. 3. And shall certifie the Cause and Causes of the Imprisonment before the same Iustice Certificate § 2. N. 1. And in Case such Prisoner coming before such Iustice Oath shall take an Oath to this effect c. I A. B. upon my Corporal Oath solemnly profess and declare before Almighty God that I have not any Estate real or personal in Possession Reversion or Remainder of the value of Ten pounds in the whole or sufficient to pay the Debt or Damages for which I am Imprisoned N. 2. And that I have not directly or Indirectly sold leased Collusion or otherwise conveyed disposed of or entrusted all or any part of my Estate thereby to secure the same to receive or expect any profit or advantage thereof or defraud or deceive any Creditor or Creditors whatsoever to whom I stand Indebted § 3. N. 1. Then after the taking of such Oath Poor the said Iustice shall remand the Prisoner to Prison and shall give a Certificate thereof in Writing under his Hand and Seal to the same Prisoner to be served upon such Person c. his or her Executors or Administrators or to be left at the place of the usual abode of such Person c. at whose Suit the Prisoner standeth Charged and Imprisoned thereby appointing as well the said Person c. as the said Prisoner to appear before the Iustices at the next General Quarter-Sessions of the Peace to be holden for the same County City Town or Liberty N. 2. When if it shall appear upon Oath Execution which Oath the said Iustices are Impowered to Administer that the said Certificate was so served or left xl dayes or more before the said Sessions and that the said Oath taken by the said Prisoner be not disproved by good Testimony of any Credible Person c. upon Oath to be Administred by the said Iustices by vertue of this Act then the said Iustices being satisfied therewith shall direct their Warrant under their Hands and Seals commanding the said Sheriff Goaler or Kéeper of the Prison to set at Liberty and Discharge the said Prisoner if Imprisoned for the Causes aforesaid and no other without paying any thing for Fée or Chamber Rent N. 3. Which Warrant shall be a sufficient Discharge to the same Sheriff Escape Goaler or Kéeper of Prison and no Action of Escape or other Action shall be brought against them or any of them for the same in any wise § 4. N. 1. Provided also and be it Enacted c. That viz. after xl dayes Process and Oath not disproved then if such Creditor c. will not be satisfied therewith Poor that the said Prisoner c. may be set at Liberty or will Insist to have the said Prisoner continued in Goal that then the said Creditor c. shall at his and their own proper Costs and Charges allow and pay Wéekly a reasonable maintenance to the said Prisoner c. such as the said Commissioners of the Peace or any three of them in their respective Divisions shall order and appoint not exceeding xviii d. a-Week § 8. N. 1. Provided and be it Enacted c. That in Case any Sheriff Sheriff Goaler or Kéeper of Prison shall refuse or delay to bring or discharge or set at Liberty any Prisoner according to the Order of the Iustice or Iustices to be made in manner as aforesaid every such Sheriff c. shall forfeit and pay to such Prisoner detained contrary to such Order the Sum of One hundred pounds to be recovered by Action of Debt in any Court of Record and shall be also subject to any Fine and punishment as the said Iustices shall order or Award § 9. N. 5. Nor viz. Sheriffs Goalers or Keepers of Prisons c. shall not take nor receive any other or greater Sum c. viz. of Persons Arrested for Debt Fees for each Nights lodging or other Expenses then what is reasonable and fitting in such Cases or shall be so adjudged by the next Iustice of the Peace or at the next Quarter-Sessions § 10. N. 2. Nor shall demand take or receive of the said Person c. any other or greater Fée or Fées whatsoever for his her or their Commitment Imprisonment Release or Discharge or for his or their Chamber Rent then what is allowable by Law until the same shall be settled by thrée Iustices of the Peace whereof one to be of the Quorum of each particular County City and Town Corporate in their several Precincts and for the City of London and Counties of Middlesex and Surrey the two Lord Chief Iustices of the Kings-Bench and Common-Pleas and the Lord Chief Baron or any two of them and the Iustices of the Peace of the same in their several Iurisdictions Poor And likewise that the said Lord Chief Iustices Lord Chief Baron § 11. N. 1. and Iustices of Peace in their several Iurisdictions and all Commissioners for Charitable uses do their best endeavours and diligence to Examine and find out the several Legacies Gifts and Bequests bestowed and given for the benefit and advantage of the poor Prisoners for Debt in the several Goals and Prisons in this Kingdom and to send for any Deeds Wills Writings and Books of Accounts whatsoever and any Person c. concerned therein and to Examine them upon Oath and to make true discovery thereof which they have full Power and Authority hereby to do and the same so found out and ascertained to order and settle in some manner and way that the Prisoners hereafter may not be defrauded but receive the full benefit thereof according to the true Intent of the Donors Fees And that these Accounts of the several Legacies § 12. N. 1. Gifts and Bequests given and bestowed upon the several Prisoners for Debt within this Kingdom and the several Rates of Fées and the future Government of Prisons be signed and Confirmed by the Lord Chief Iustices and Lord Chief Baron or any two of them for the time being and the Iustices of the Peace in London Middlesex and Surrey and by the Iudges for the several Circuits and Iustices of Peace for the time being in their several Precincts and fairly written and hung up in a Table in every Goal and Prison before the first day of November 1671. and likewise be registred by each and every
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
Admiral Mariners Ships Seamen Captains Piracy Poor Souldiers Rogues Navy I. 2 Rich. 2. 4. § 1. N. 3. The King wills and commands all Sheriffs Seamen Mayors and Bailiffs within Franchises and without That at the certification of the said Admirals or their Lieutenants by their Letters thereof viz. Of Mariners departing the King's Service after Wages received to be made testifying the said proof viz. Before them shall incontinent without tarrying make another Commandment of the King our Sovereign Lord to take and attach all Fugitive Mariners by their body within their Bailywick within Franchise and without and put them in Prison there to abide in good and sure keeping till they have made gree to the King c. 18 H. 6. 19. II. By 18 H. 6. 19. § 1. N. 2. And that the Justices of Peace shall have power to enquire of Souldiers that depart from Captains beyond Sea Justices after Wages received c. and to hear and determine the same Ships III. 5 Eliz. 5. § 27. N. 2. That 18 H. 6. 19. in all Pains Forfeitures and other things did doth and hereafter shall extend as well to all and every Mariner and Gunner taking Wages of the King c. to all intents and purposes c. War IV. Lamb. 4. cap. 4. page 422. In charge to Jury at Sessions If any Souldier entred a Souldier of Record and having taken part of the Kings Wages or any Mariner or Gunner having taken prest Wages to serve the King on the Sea have not accordingly gone to his Captain unless he were letted by notorious Sickness c. or have departed from his Captain without his License under his Seal 18 H. 6. 19. 2 3 Ed. 6. 2. § 4. N. 1. 4 5. Ph. Mar. 3. § 2. N. 1. 5 Eliz. 5. § 27. N. 2. But consider whether this entring of Record have any use now Jurisdiction V. 5 Eliz. 5. § 30. N. 1. That all Offences of Transporting Sea-fish Prices Purveyans c. done upon the main Sea or Coasts being no part of the body of any County of this Realm and without the Precinct Liberty and Jurisdiction of the Cinque-Ports and out of any Haven or Pier shall be tryed and determined before the Lord Admiral of England or his Lieutenant or Deputy according to 28 H. 8. 15. for causes of Piracy Justices VI. 5. Eliz. 5. § 30. N. 3. And for all Offences of Transporting Sea-fish Prices eating Flesh Purveyans c. as shall be done in the Land or within any Haven or Pier all Justices of Peace in their Sessions and Mayors Sheriffs and Bailiffs and other head Officers in Cities and Towns Corporate in their Sessions or other Courts within the limits of their Commissions shall have full Power and Authority to enquire of the Offenders of this Act as well by the Oaths of 12 men as otherwise by Information and thereupon to hear and determine the same War VII 5 Eliz. 5. § 43. N. 1. Provided c. and be it enacted That no Fisherman using or haunting the Sea shall be taken by the Queens Commission to serve her Highness as a Mariner on the Sea but that the said Commission be first brought by her Highness Taker or Takers to two Justices of Peace next inhabiting to the Sea-Coasts Towns or other places where the said Mariners are so to be taken to the intent the said Justices may chuse out and cause to be returned such sufficient number of able men as in the said Commission shall be contained to serve her Majesty c. Lamb. 355. Dalt 86. cap. 34. Cromp. 200. License VIII West Sym. 2. part 128. Sect. 195. An Indictment for breaking of a safe Conduct granted by King H. 6. to Merchant-strangers of Genoua see 20 H. 6. cap. 1. Cromp. J. P. 240. b. Pl. 30. Essex ss Juratores pro Domino Rege super sacramentum suum presentant quod eum illustrissimus Princeps Henricus Rex Angliae sextus post conquestum per literas suas patentes sub salvo conductu suo concessit licentiam salvum conductum suum dedit A. B. D. aliis alienigenis mercatoribus de Genoua pro eis quadam Nav ' vocat ' a Carick pro bonis rebus merchandizis suis infra eandem Navem exist ' de transitu Portus Southampton in Anglia per mare versus partes Genoua transfretand ' eadem abfque aliquibus Roberiis fractione impeditione perturbatione aut captione ipsorum alienigenorum bonorum merchand ' sine mercimoniorum suorum predict ' per aliquos ligeos dicti Dom ' Regis infra Regnum dicti Regis Angliae gaudend ' sine impeditione ibid ' quidem H. de D. in Com' E. pred' Armig ' alii fractores salvi conductus Dom ' Regis de ligeis ipsius Dom ' Regis infra Regnum Angliae exist ' ignot ' vi armis viz. Gladiis c. aliis armis tam invasinis que defensibilibus armati salvum conductum pred' minime verentes spernentes in pred' A. B. alios alienigenos ad tunc ibid ' insult ' fecerunt ipsos verberaverunt vulneraverunt male tractanerunt ipsos in Nav ' pred' tanque eorum prisonarios ad tunc ibid ' ceperunt custodierunt eos in Prisona sub custodia sua Diu ' viz. per spatium 4 dierum quousque Iidem A. B. D. alii alien igine in eadem Navi existent ' finem redemptionem pro salvo conductu deliberatione suis habend ' pro sexcent marcis cum prefat ' H. aliis predict ' fecissent detinuerunt contra salvum conductum Dom ' Regis predict ' contra form ' Stat ' in hujusmodi casu promisi ac editi contra Dignitatem Regiam ac in malum exemplum aliorum c. Agait or Await see Coron Agnus Dei see Pope Ale Liquors Wine Beer Brewers Hostler Victuallers Inholders Excise I. 9 H. 3. 25. Magna Carta One Measure of Wine Measures shall be through Our Realm and one Measure of Ale II. Cromp. J.P. 94 Nota Exchequer that Popham Ch. J. said that the Measure of Wine and Ale should be all one and that it had been so agreed by the Justices viz. according to the Standard of the Exchequer see Magna Carta 26 25 and 15. R. 2. 4. see 1 Jac. 9. Alter for Ale Dalt 148. infra 80. III. Cromp. 94 b. ibid. But note that the Ale Quart is the greater Wine because the Froth will amount to a little and Wine Froths not and therefore there shall be a nick in the top of a Wooden Can whereby the Measure shall be to which nick the Beer shall come and this was told me by Mr. Wallis Clark of the Market to Queen Eliz. 25 Jac. 1588. IV. Lamb. 3. cap. 2. pag. 349. The authority of some two Justices of Peace the one being of
§ N. 39 Eliz. 3. § N. Ouster le mer. X. 12 Rich. 2. 8. 8. Item it is ordained and assented that they that fain themselves men travailed out of the Realm and there to be imprisoned shall bring Letters Testimonial of the Captains where they were abiding or of the Mayors or Bailiffs where they arrived 21 Jac. 28. § N. Pasports XI 12 Ric. 2. 8. § 1. N. 2. And the same Mayors and Bayliffs shall enquire of such people where and with whom they have dwelled and in what place their dwelling is in England And that the same Mayors and Bayliffs make them Letters Patents under the Seal of their Office testifying the day of their arrival and also witnessing where they have been as they have said 21 Jac. 28. § N. Oath XII 12 Ric. 2. 8. § 1. N. 3. And that the Mayors and Baliffs cause them to Swear that they shall hold their right way towards their Journy except they have Letters Patents under the Kings Great Seal to do otherwise 21 Jac. 28. Pain XIII 12 Ric. 2. 8. § 1. N. 4. And if any such travailed man be found without such Letter as afore is said it shall be done of him as of the said Servants and Labourers and also this Ordinance shall be intended of men travailed that go begging through the Country after their arrival 21 Jac. 2. 8. § N. Appropriation XIV 15 Ric. 2. 6. § 1. N. 2. It is agreed and assented that in every Licence from henceforth to be made in the Chancery of the Appropriation of any Parish Church it shall be expresly contained and comprised that the Diocesan of the place upon the Appropriation of such Churches shall ordain according to the value of such Churches a convenient sum of mony to be paid and distributed yearly of the fruits and profits of the same Churches by those that will have the said Churches in proper use and by their Successors to the Poor Parishioners of the said Churches in aid of their living and sustenance for ever Abbe XV. 2 H. 5. 1. § 1. N. 2. The King c. hath c. ordained and established that as to the Hospitals which be of the Patronage and Foundation of the King the Ordinaries by vertue of the Kings Commissions to them directed shall enquire of the manner and foundation of the said Hospitals and of the Governants and Estate of the same and of all other matters necessary and requisite in this behalf and the Inquisitions thereof taken shall certifie in the Kings Chancery Ordinary XVI 2 H. 5. 1. § 1. N. 3. And as to other Hospitals which be of another Foundation and Patronage than of the King and Ordinaries shall inquire of the manner of the Foundation Estate and Governance of the same and of all other matters and things necessary in this behalf and upon that make thereof correction and reformation according to the Laws of Holy Church as to them belongeth Imprisonment XVII 11 H. 7. 2. Forasmuch as the Kings Grace most intirely desireth among all earthly things the prosperity and restfulness of this his land and his Subjects of the same to live quietly and surely to the Pleasure of God and according to the Laws willing always of his Pity intending to reduce them thereto by softer means than by such extream Rigor therefore provided in a Statue made in the time of Ric. 2. viz. 7 R. 25. considering also the great charges that should grow to his Subjects for bringing of Vagabonds to the Goals according to the same Statute and the long abiding of them therein whereby by likelyhood many of them should loose their lives 19 H. 7. 12. Imprisonment XVIII 11 H. 7. 2. § 1. N. 3. In moderating of the said Statute viz. 7. R. 2. 5. § 1. N. 4. his Highness will by the Authority of this present Parliament it be ordained and enacted that where such misdoers should be by Examination Committed to the Common Goal there to remain as is aforesaid that the Sheriffs Mayors Baliffs high Constables and pety Constables and all other Governours and Officers of Cites Boroughs Towns Townships Villages and other places within three days after this act Proclaimed make due search and take or cause to be taken all such Vagabonds idle and suspect persons living suspitiously and them so taken to set in Stocks there to remain by the space of three days and three nights and there to have none other sustenance but bread and water 21 Jac. 28. § N. and 19 H. 7. 1. 2. § 1. N. 2. XIX 11 H. 7. 2. § 1. N. 3. And after the said three days and three nights Lieu. to be had out and set at large and then to be commanded to avoid the Town and if Eftsoons he be taken in such default in the same Town or Township then to be set in likewise in the Stocks by the space of six days with like dyet as is afore rehearsed 19 H. 7. 12. § 1. N. 5. XX. 11 H. 7. 2. § 1. N. 4. And if any person or persons Charity give any other meat or drink to the said misdoers being in the Stocks in form aforesaid or the same Prisoners favour in their misdoing that then they forfeit for every time so doing twelve pence 19 H. 7. 12. § 1. N. 6. XXI 11 H. 7. 2. § 1. N. 5. And also it is ordained Lieu. c. That all manner of Beggars not able to work within six Weaks after the Proclamation made of this Act go rest and abide in that Hundred where last he dwelled or there where he is best known or born there to remain or abide without begging out of the said Hundred upon pain to be punished as is aforesaid 19 H. 7. 12. § 1. N. 5. XXII 11 H. 7. 2. § 1. N. 8. And that no man be excused by that he is a Clerk of one University or of other Scholars without he shew the Letters of the Chancellor of the University from whence he saith he cometh nor none other calling himself a Souldier Shipman or Travelling man without he bring a Letter from his Captain or from the Town where he landed and that he then be commanded to go the straight High-way into his Country 19 H. 7. 12. § 1. N. 6. XXIII 11 H. 7. 2. § 1. N. 9. And over this it is ordained Officers c. that if any Sheriff or other Officer afore rehearsed execute not the premises as is abovesaid of every Vagabond Hermite or Beggar able to labour or Clerk Pilgrim or Shipman as oft as any such cometh in his sight or that he hath thereof knowledg within the Town where he hath authority rule and governance that as oft as any such of the said Misdoers abiding thereby the space of a day depart unexamined and unpunished as is abovesaid for every misdoer so departed he to lose 12. d. 19 H. 7. 12. § 1. N. 7. XXIV
calling themselves Aegyptians that he shall lawfully seize by vertue of this Statute 22 H. 8. 10. § 5. N. 1. Crompt 178. and 195. § 13. XXXVII Lambert 366. That Justice of the Peace which seizeth the Goods of any Aegyptians Restitution and doth not Incontinently restore such part thereof as shall be proved before him to have been Craftily or Feloniously taken shall forfeit the double thereof to such Provers 22 H. 8. 10. § 4. N. 1. XXXVIII Crompt 129. § 32. If any Outlandish Person naming himself an Aegyptian or any such stranger commits any Murder Enquest Felony or Robbery and upon his Arraignment pleads not Guilty or any other plea tryable by the Country the Enquest in this Case shall be all of English 22 H. 8. 10. § 2. N. 3. And so shall the Enquest be where any of the said Aegyptians is Indicted of Felony for continuance within this Realm by the space of a month Contrary to 1 2 Ph. Mar. 4. § N. and 5 Eliz. 20. XXXIX 22 H. 8. 12. Where in all places throughout this Realm of England Vagabonds and Beggars have of long time increased Laborors and daily do increase in Great and Excessive Numbers by the occasion of Idleness the Mother and Root of all Vices whereby hath Insurged and sprung and daily Insurgeth and springeth continual Thefts Murders and other sundry hainous Offences and great Enormities to the high displeasure of God the inquietation and dammage of the Kings people and to the marvellous disturbance of the commonweal of this Realm 35 Eliz. 7. § 25. N. 1. XL. 22 H. 8. 12. § 1. N. 2. And whereas many and sundry good Laws strict Statutes and Ordinances have been before this time devised and made Contempt as well by the King our Soveraign Lord as also by divers his most noble Progenitors Kings of England for the most necessary and due reformation of the premises yet that notwithstanding the said numbers of Vagabonds and Beggars be not seen in any parts to be punished but rather daily augmented and increased into great Routs and Companies as evidently and manifestly it doth and may appear XLI 22 H. 8. 12. § 1. N. 3. Be it therefore enacted Justices c. That the Justices of the Peace of all and singular the Shires of England within the limits of their Commissions and all other Justices of Peace Mayors Sheriffs Bailiffs and other Officers of all and every City Borough Riding or Franchis whereof they be Justices of Peace Mayors Sheriffs Bailiffs or Officers and so being divided shall make diligent search and enquiries of all Aged Poor and impotent Persons which live or of necessity be compelled to live by Alms of the Charity of the People that be or shall be hereafter abiding within every Hundred Rape Wapentake City Borough Parish Liberty or Franchis within the limits of their Division and after and upon such search made the said Justices of Peace Mayors Sheriffs Bailiffs and other Officers that is to say every of them within their limits of their Authorities whereunto they be divided shall have Power and Authority by their Discretions to enable to beg within such Hundred Rape Wapentake City Town Parish or other Limits as they shall appoint such of the said Impotent persons which they shall find and think most convenient within the limits of their Division to live of the Charity and Alms of the People and to give in Commandment to every such Aged and Impotent Beggar by them enabled that none of them shall beg without the limits to them so appointed Records XLII 22 H. 12. § 1. N. 4. And shall also register and write the names of every such Impotent Beggar by them appointed in a Bill or Roll Indented the one part thereof to remain with themselves and the other part by them to be certified before the Justices of Peace at the next Sessions after such search had to be holden without the said Shires Cities Towns or Franchises there to remain under the keeping of the Custos Rotulorum Seals XLIII 22 H. 8. 12. § 1. N. 5. And that the said Justices of Peace Mayors Sheriffs Bailiffs and other Officers that is to say as they be divided shall have Power and Authority to make such and so many Seals to be Ingraved with the Names of the Hundreds Rapes Wapentakes Cities Boroughs Towns or places within the which they shall appoint and limit every such Impotent Person to beg and commit the said Seals to the custody of such of them or to the custody of such other as they shall think convenient License XLIV 22 H. 8. 12. § 1. N. 6. And shall make and deliver to every such Impotent Person by them enabled to beg a Letter containing the name of such Impotent Person and witnessing that he is Authorized to beg and the limits within which he is appointed to beg Seals XLV 22 H. 8. 12. § 1. N. 7. The same Letter to be sealed with such of the said Seals as shall be engraved with the names of the limits wherein such Impotent Person shall be appointed to beg in and to be subscribed with the name of one of the said Justices or Officers abovesaid Lieu. XLVI 22 H. 8. 12. § 1. N. 8. And if any such Impotent Person so authorized to beg do beg in any other place than within such limits that he shall be assigned unto that then the Justices of Peace Mayors Sheriffs Bailiffs Constables and all other the Kings Officers and Ministers shall by their discretions punish all such persons by Imprisonment in the Stocks by the space of two days and two nights giving them but only bread and water and after that cause every such Impotent Person to be sworn to return again without delay to the Hundred Rape Wapentake City Borough Town Parish or Franchis where they be Authorised to beg in License XLVII 22 H. 8. 12. § 2. N 1. And it is Enacted that no such Impotent Person as is abovesaid after the Feast of the Nativity of St. John Baptist next coming shall beg within any part of this Realm except he be Authorized by Writing under Seal as is abovesaid and if any such Impotent Person after the Feast of St. John be Vagrant and go a begging having no such Letter under Seal as is above specified that then the Constables and all other Inhabitants within such Town or Parish where such person shall beg shall cause every such Beggar to be taken and brought to the said Justice of Peace or High Constable of the Hundred XLVIII 22 H. 8. 12. § 2. N. 2. Pain And thereupon the said Justice of Peace or high Constable shall command the said Constables and other Inhabitants of the Town or Parish which shall bring before him any such Begger that they shall strip him naked from the middle upward and cause him to be whipped within the Town where he was taken or within some other Town
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
Rotulorum for otherwise how shall the Justice of Peace be assured that he doth not defraud the King of a forfeiture that was grown unto him VII Lambert 114. 115. The Condition of this Recognizance Forfeiture of what good form soever you make it standeth upon two points 1. For appearance at the time 2. For keeping the Peace in the mean while c. As to the latter this is general that whatsoever act is a breach of the Peace the doing thereof doth also beget a forfeiture of the Recognizance that is made for the keeping of the Peace c. 2. If a Man be bound to keep the Peace against A. and do afterwards threaten A. to his face that he will beat him he hath forfeited his Recognizance Dalt 177. cap. 72. 3. And an Action of Trespass lieth at the Common Law against him that shall threaten one to beat him as appeareth in divers Book Cases 33 H. 6. 18. 37. H. 6. 20. c. and shall suppose it to be contra pacem 4. But otherwise it is if A. be not present at that threatning by good Opinion 18. Ed. 4. 28. yet if in the absence of A. he doth threaten that he will beat him and then he afterwards lye in wait to beat him he hath in that Case also broken his Recognizance 22 Ed. 4. 35 b. per Curiam 5. Like forfeiture is it if he that is bound do but command or procure another to break the Peace upon any Man or to do any other unlawful Act against the Peace if that it be done indeed 7 H. 4. 34 a. temps H. 8. Peace Br. 20. VIII Lambert 122. 123. the usual Recognizance of the good behaviour hath this form Kilb. Precedents 192. Good behaviour Kanc. ss Memorand ' quod quinto die Mensis Julij Anno Regni c. venit coram nobis H. P. Miles S. L. Armigero c. Justiciar ' Dom. Regis ad Pacem nunc c. R. de E. in Com. predict ' Yeoman in propria persona sua assumpsit pro seipso sub poena CC libr. H. C. de L. in Com. predict Yeoman J. S. de M. in eodem Comitatu Husbandman tunc ibidem in proprijs personis suis similiter venerunt manuceperunt pro predict R.G. viz. Quilibet eorum seperatim sub paena C libr. quod Idem R. G. personaliter comparebit coram Justiciarijs dicti Domini Regis ad Pacem c. ad proximam generalem Sessionem c. quod ipse interim se bene gerit erga Dominum Regem cunctum populum suum precipuè erga J. B. de C. c. quod ipse non inferret ne inferri procurabit per se nec per alios Damnum aliquod seu Gravamen prefato J.B. seu alicui de populo Ipsius Domini Regis de Corporibus suis per insidias insultus seu aliquo alio modo quod in laesisionem seu parturbationem pacis dicti Domini Regis cedere valeat quovismodo quas quidem separales summas C libr. uterque predictorum H. C. J. S. ut predicitut pro se ac predictus R.G. dictas CC libr. recognoverunt se debere dicto Domino Regi de terris tenementis Bonis Catallis suis quorumlibet cujuslibet eorum ad opus ipsius dicti Domini Regis fieri levari si contingat prefatum R.G. in aliquo praemissorum deficere inde legitimo modo convinci c. Dalt 370. cap. 123. 2. Or by a simple Recognizance with this Condition endorsed or under-written Conditio recognitionis predict talis est quod si predict R.G. imposterum se bene geret pacem Domini Regis conservabit erga dictum Dominum Regem cunctum populum suum nullum Damnum Corporale c. extunc Recognitio predicta pro nullo teneatur alioquin in suo robore permaneat Release 3. I have known it doubted whither the Surety of the good abearing commanded upon complaint may be released by any special Person or no because it seemeth more popular than the Surety of the Peace But if it may then may the form of such a Release be easily made by that of the Peace Supra using the words Securitatem de se bene gerendo in stead of the words Securitatem pacis Obligation IX Lambert 213 214 215. The Bond spoken of in this Stat. 2 3 Ph. Mar. 10. § 2. N. 4. 1 2. Ph. Mar. 13. § 5. N. 2. and in some othes seemeth to be meant of a Recognizance acknowledged unto the Kings use and conditioned for the performance of that which the Statute appointeth Crompt 196. § 3. Coron 2. The Party therefore that Informeth against the Prisoner for Felony may be thus bound in a single Recognizance Ks. ss Memorand ' quod tertio Die Aprilis Anno Regni Domini nostri Jacobi Dei Gratia c. D. E. de B. in Com. Predict Yeoman personaliter coram me T. S. uno Justiciariorum c. ad Pacem c. Assignatorum constitutus apud B. predict Recognovit se debere dicto Domino Regi X libr. bonae legalis monetae Angliae de bonis catallis terris tenementis suis fieri levari ad opus dicti Domini Regis heredum Successorum suorum si defecerit in conditione indorsata And with such a Condition The Condition of this Recognizance is such whereas one A. B. late of G. Laborer was this presant day brought before the said Justice by the above bound D. E. and was by him charged with the Felonious taking of twenty Sheep of him the said D and thereupon was sent by the said Justice to the Kings Majesties Goal If therefore he the said D. shall and will at the next General Goal-delivery to be holden in the said County prefer or cause to be framed and preferred one Bill of Endictment of the said Felony against the said A. B. and shall and will then also give Evidence there concerning the same as well to the Jurors that shall then enquire of the said Felony as also to them that shall pass upon the Tryal of the said A.B. that then c. or else c. 〈◊〉 X. Lambert 12 13. The Lord Chancellor or Lord Keeper of the Great Seal the Lord Steward of England the Lord Marshal and Constable of England and every Justice of B. R. have closed in their Offices a Credit for conservation of the Peace over all the Realm and may award Precepts and take Recognizances for the Peace by Marrow and Fitzherbert and by good Opinion the Lord Treasurer of England may well be added to the same number Dalt 1. 2. cap. 1. 2. The Master of the Rolls also by the Judgment of Mr. Marrow is a general Conservator of the Peace by his Office but he maketh process and taketh Recognizance thereupon not as incident to his Office but by Prescription
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
be of like force as the verdict of 12. Men c. 13 H. 4. 7. § 3. N. 1. And if such Offenders do traverse the matter so certified then the Certificate and Traverse shall be sent in B. R. to be tryed and determined as Law requireth infra 13 H. 4. 7. § 4. N. 1. And that the Justice of Peace Dwelling most nighest in every County or Under-Sheriff shall do Execution of this Statute every one upon pain of one C l. to be paid to the King as oft as they shall be found in default 2. Whereupon 19 H. 7. 13. § 1. N. 9. Addeth that if the said Riot Rout or unlawful Assembly be not found by the said Jury by reason of any Maintenance or imbracery of the said Jury then the same Justices and Sheriff or Under-Sheriff shall also Certifie the Names of the Maintainers and Imbraceors in that behalf if any be with their Misdemeanors that they know upon pain of every of the said Justices and Sheriff or Under-Sheriff to forfeit 20 l. if they have no reasonable excuse for not Certifying the same Lambert 366. 19 H. 7. 13. § 1. N. 10. which Certificate so made shall be of like force as a Verdict c. 19 H. 7. 13. § 1. N. 11. And every Person duly proved to be a Maintainer or Imbraceor in the same shall forfeit 20 l. to the King and shall be committed to ward there to remain by the Discretion of the Justices 3. Hereunto also 2 H. 5. 8. § 2. N. 5. adjoyneth further that the Kings Liege People being sufficient to Travel shall be assistant to these Justices Sheriffs or Under-Sheriffs when they shall be reasonably warned to ride with them in Aid to resist such Riots Routs and Assemblies upon pain of imprisonment and to make Fine and Ransom to the King 2 H. 5. 8. § 2. N. 1. Provided always that the said Justices Sheriff or Under-Sheriff shall do their said Offices at the Kings Costs in going tarrying and returning by payment thereof to be made by the Sheriff by Indenture between him and them of the said payment Lambert 365. 2 H. 5. 8. § 2. N. 2. And that such Rioters attainted of great and heynous Riots shall have one whole years Imprisonment at the least without being let out of Prison by Bail Mainprise or in any other manner during the year aforesaid 2 H. 5. 8. § 2. N. 3. And that Rioters attainted of petty Riots shall have Imprisonment as best shall seem to the King and to his Counsell 2. H. 5. 8. § 2. N. 4. And that the Fines of such Rioters attainted shall be by the same Justices Increased and put in greater Sums than they were wont to be put in such Cases before that time in Aid and supportation of the Costs of the Justices and other Officers aforesaid in this behalf 4. Now by 2 H. 5. 9. § 2. N. 1. If it be witnessed by two Justices of the Peace and the Sheriff by letters under their Seals to the Lord Chancellor of England that any Murders Manslaughters Batteries Robberies Assemblies of People in great number in manner of Insurrection or other Rebellious Riots have been done and that such Offenders have withdrawn themselves to the intent to Avoid the Execution of the Common Law then 2 H. 5. 9. § 1. N. 3. The Lord Chancellor may make a Writ of Capias and 2 H. 5. 9. § 1. N. 6. if need be a Proclamation c. Which Statute 2 H. 5. 9. Was made to endure to the next Parliament and so discontinued but it was revived by 8 H. 6. 14. § 1. N. 15. and made perpetual which 8 H. 6. 14. § 1. N. 11. moreover ordaineth that before this Writ of Capias shall be awarded two Justices of the Peace and the Sheriff of the Shire where such Riot is supposed ought to witness that the common Voice and Fame runneth in the said County of the same Riots 8 H. 6. 14. § 2. N. 1. XIV Lambert 313 314 315. Forasmuch as the Power given by 17 Rich. 2. 8. § N. for repressing of great Assemblies and Riots was delivered with such conjunctive and general words viz. To the Sheriffs and other the Kings Ministers that it was often doubted not only who were ment by the word Ministers but also whether the Sheriff and any of those Ministers apart might perform the Service or that they ought all to joyn together therein Crompt 62. § 15. infra 2. Therefore this Statute 13 H. 4. 7. § N. cleareth those Questions and putteth express Power into the Hands of any three or two Justices of the Peace and of the Sheriff or Under-Sheriff not only to Arrest such Riotors but also to Convict them of their Offences by recording of that which they should see to be done against the Peace Dalt 217. cap. 85. 3. And this Authority of Assembling the Power of the County and of Arresting and Imprisoning the Rioters was once before this time namely 2 Rich. 2. 7. committed to some but it was by and after even in the self same year of the same King 2 Rich. 2. St. 2 cap. 2. resumed as a thing overhard to be born that a Free-Man should be Imprisoned without an Indictment or other Tryal by his Peers as 9 H. 3. 29. Magna Charta speaketh untill that the Experience of greater Evils had prepared and made the Stomack of the Commonwealth able and fit to digest it 4. Now whereas here 13 H. 4. 7 § 1. N. 1. is mention of the Power of the County by virtue of those words Master Marrow thinketh that the Justices of the Peace Sheriff or Under-Sheriff ought to have the aid and attendance of all Knights Gentlemen Yeomen Laborers Servants Apprentices and Villains and likewise of Wards and of other young Men that be above the Age of sixteen years because all of that Age are bound to have Harness by the Statute of Winchester 13 Ed. 1. St. 2. cap. 6. § 1. N. Dalt 113. cap. 46. 5. But by 13 H. 4. 7. § 1. N. 1. Women Ecclesiastical Persons and such as be decrepit or do labor of any continual infirmity shall not be compelled to attend for the Statute 2 H. 5. 8. § 2. N. 5. which also worketh up-the same Ground saith That Persons sufficient to travel shall be assistant in this service 6. And on 13 H. 4. 7. § 1. N. 1. It is referred to the Discretion of these Justices Sheriff or Under-Sheriff how many or how few they will have to attend upon them in this business and how or in what sort also they shall be armed weaponed or otherwise furnished for it Crompt 62 b. pl. 20. 7. But be it that Information be made to these Justices and Sheriff or Under-Sheriff that certain Persons be riotously assembled at Dale and they do thereupon gather People to suppress them and when they come to the Place they find no Riot there yet are they Excusable for this Assembly o◠Power so made by them
adjoyning to the High-ways to be repaired and did dig take and carry away Materials which they judged necessary for the said Reparations And for that difference did arise between the said Surveyors and the said B.C. about the Dammages by the said B. C. suffered by the digging and carriage thereof We do therefore according to the Statute aforesaid Assess the Dammages aforesaid at c. of lawful Mony of England which the said Surveyors are to render unto him for the same Given under our Hands and Seals the 10 day c. Anno c. XXII Kilb. Precedents 159. Account A Warrant against Surveyors for not accounting 14 Car. 2. 6. § 13. N. 1. To the Constable and Borshoulders of the Hundred of A. in the said County and to every of them and to the Keeper of his Majesties Common Goal for the said County at B. in the County aforesaid Kent ss Forasmuch as Complaint hath been made unto us viz. two Justices that B. C. and D. E. Surveyors of the Highways in the Parish of A. in the said County for the year c. have not made such Account touching their said Office as by the Statute in that behalf lately made is appointed and upon Examination of the business upon Oath we do find the said Complaint to be true These are therefore in his Majesties Name to require you the said Constable and Borshoulders and every of you that you some or one of you do take the said B. C. and D. E. and forthwith convey them to his Majesties Goal aforesaid and there deliver them to the said Keeper of the same together with this Precept requiring also you the said Keeper to receive them into the Goal aforesaid and them there safely to keep untill they have made such true and perfect Account touching their said Officer as by the said Statute is appointed hereof fail not at your perils Given under our Hands and Seals the 10 day c. Anno c. Account XXIII Kilb. Precedents 160. A Warrant for not Paying over what is due upon the Account 14 Car. 2. 9. § 13. N. 2. To the Constable and Borshoulders of the Hundred of A. in the said County and to every of them and to the Keeper of his Majesties Common Goal for the said County at B. in the County aforesaid Kent ss Forasmuch as Complaint hath been made unto us viz. two Justices that B. C. and D. E. Surveyors of the High-ways in the Parish of A. in the said County for the year c. had in their hands upon their Account made touching their said Office according to the form of the Statute in that Case made the sum of c. Overplus which they have not retorned or paid to the next Surveyors or either of them as by the said Statute is appointed and upon Examination of the business upon Oath we do find the said Complaint to be true These are therefore in his Majesties Name to require you the said Constable and Borshoulders and every of you that you some or one of you do take the said B. C and D. E. and forthwith convey them to his Majesties Goal aforesaid and there deliver them to the said Keeper of the same together with this Precept requiring also you the said Keeper to receive them into the said Goal aforesaid and them there safely keep untill they have made payment of the said c. to the aforesaid next Surveyors as by the said Statute is appointed hereof fail not at your perils Given under our Hands and Seals the 10 day c. Anno c. Approvement XXIV Crompt 257. a. b. pl. 84. An Indictment for inclosing a Common High-way supra Staff ss Inquiratur pro Domino Rege si E.S. nuper de W. in Com. predict ' Gen ' secundo die Maij Anno c. partem cujusdam viae Regiae in W. in Com. predict ' ducent ' a W. Predict ' usque ad S. in eodem Com. viz. a predict ' c. usque ad quendam foveam in S. predict ' vocat ' le Common Pit in eadem via existent cum sepe fossa inclusit obstruxit eandem viam Regiam sic inclusam a predicto secundo die Maij usque diem captionis hujus inquisitionis in Pasturam convertebat custodiebat adhuc custodit in malum pernitiosum exemplum aliorum ad grave damnum commune nocument ' omnium ligeorum subditorum dicti Domini Regis ibidem prope Inhabitantium ac contra formam diversorum Statutorum in hujusmodi casu editorum provisorum contra pacem dicti Domini Regis c. Reparation XXV Crompt 264 b. pl. 101. A Presentment for a Bridge in decay Staff ss Juratores pro Domino Rege super Sacrament ' suum presentant c. quod quidam Pons situat ' super aquam de Trent in Parochia de Newark in Com. predict ' vocat ' N. Bridge existens in Regia via est ruinosus in magno decasu ita quod ligei Domini Regis in per super vel ultra eundem Pontem absque magno periculo transire seu laborare non valent ad commune nocument ' omnium ligeorum dicti Domini Regis trans ultra Pontem predict ' transeunt ' quod Dominus Rex nunc ratione tenurae seu manerij de N. super T. cum pertinent ' in Com. predict ' Pontem illum facere reparare emendare debet quod idem Dominus Rex omnes Progenitores sui ac omnes alij quorum Status ibidem Dominus Rex modo habet in eodem Manerio de N. super T. cum pertinentijs Pontem illum facere reparare emendare consueverunt de tempore cujus contrarium memoria hominum non existit toties quoties necesse fuerit in cujus Crompt 186. Dalt 41. cap. 13. XXVI Dalt 68 69. cap. 26. At Lent-Assizes at Cambridge Anno 1622. Approvement Sir James Lee delivered it in his Charge that if any Person hath made or shall make any inclosure next the Kings High-way that such Person shall be charged to Amend the High-way adjoyning to his said Inclosure and if one Man hath inclosed on the one side or part and another Man of the othet side they shall be both charged to Amend the said way 2. Otherwise High-ways must be sufficiently Amended at the charge of the whole Town Reparation and it is not enough for the Inhabitants to do their full six days work yearly except their ways be well and sufficiently repaired for if all their said Ways be not sufficiently Amended the whole Town may be indicted therefore F. N.B. 235. Register 154. Taxes 3. Also concerning the Causey neer Cambridge called Dr. Harveys Causey towards the repair whereof Dr. Harvey hath given 8 l. per Annum payable by the Master and Fellows of Trinity-Hall in Cambridge Sir James Lee said that if this 8 l. per Annum were not