not safely in any case baile such a person Baile accused of Felony But if he see cause or desire to Bail him because the offence is small as perhaps but a Petit Larceny or if it be greater and the evidence against him is very little or none at all he must call to his assistance another Justice of Peace For there must be two Justices of the Peace and one of them of the Quorum and they must be together to do this work See Baile and 1 2 Ph. and M. 13. 10 Any one Justice may send his Warrant to arrest any one that stands indicted of a Felonie See the Presidents in the Cabinet for all these things Chap. 5. throughout Chap. 25. 1 c. 2. Any two Justices before whom Reward for the taking of Felons any one shall be convict of a Robbery or Buâ—glary may give order to the Sheriff to pay to the party that did apprehend and prosecute him 10 l. for his reward therein Act. 17th of Septemb 1656. 3. How Felonies done beyond Sea may be prosecuted here by the Prosecutor thereof and what the Justice of Peace is to do in it see Act. 20th of September 1649. 4. How and at whose charge Felons shall he carried to Goal see Sect. 20th of this Chapter SECT 17. About Fish and Fishers AS to this we are to know 1. That no Fisherman is to be forced to be a Marriner under the Lord Proâ—ector's Commission unlesse he be chosen by the two next Justices to the place where he dwells 5 Eliz. 5. 2. Justices of the Peace are to be Conservators of the Rivers and shall have power to â—arch Weâ—res lest by their straitnesse the Fly of Fish be destroyed Upon weâ—â— 2. â—â— and 13 â— â—â—9 And they may appoint under-Officers to look to the Rivers and to inform against offenders therein West 2. 47. 13 R. 2. 19. SECT 18. About a Forcible Entry AS to such as make Forcible Entries into Lands in this case any one Justice of Peace upon Complaint hereof made to him and that the Force doth continue may go to the place to view it And if he find it upon his own view to be so he may remove it Record the Force and as some would have it Fine the offenders according to his discretion bind them to the good Behaviour send them to Goal till they have paid or secured the Fine And then make a Record of all this and certifie it into the Upper-Bench or Quarter-Sessions which he will And when the Fine is paid or secured he may deliver the offender But if the Force be done and past Then hath he nothing to do but to summon a Jury to enquire of it which he must do by his Warrant to the Sheriff and do it within a moneth of the Complaint or it will be very panal to him And by this Jury upon a Traverse he must enquire And if the Jury find any Forcible Entry or detainer in the Case then is the Justice to send his Warrant to the Sheriff to restore the party put out of into possession again and may Fine c. 15 R. 2. 2. 8 H. 6. 9. 31 Eliz. 11. 21 Iac. 15. See for this the Books at large and in my Iustice of Peace Book Chap. 15. and in the Clarks Cabinet See all the Presidents of Warrants for it in Chap. 7. of that Book And because there is some difficulty in Caution to Justices this work it will be the Justices wisedome to call in for the help of some or at least of one of his Fellow-Justices of Peace herein SECT 19. About Free-Quarter AS to Souldiers that take Free-Quarter in mens houses against the owners consent In this case any two Justices of the Peace may examine the offence upon Oath And when they have done this they are to send this Examination under their hands and seals up to the Committee of Examination Certificate the Army And so satisfaction will be made to him that is wronged Upon Act. 19. December 1651. 24 April 1648. and 24 December 1647. SECT 20. About Goals or Prisons and Prisoners AS to this take these things 1. Justices of the Peace regularly are to send such prisoners as they do commit to prison to none other but the Common-Goal of the County Upon 5. H. 4. 10. And yet where any Statute directs them to send to another prison as to the Bride-well Stocks or the like there they must pursue the same direction 2. The Goaler is to receive such a prisoner so sent to him by a Justice of Peace and that without Fee And if â—he Goaler do not so he may be punished by the Justices of the Peace by Fine for his Contempt c. But not upon the Statute of 4 Ed. 3. 10. For the Justices of the Peace have not the power of Execution of that Statute 3. An offender to be conveyed to Charges of Convey of a Prisoner to Goal Goal is to bear all the charge of himself and of those that guard him thither if he be able And in case he refuse so to do Any one Justice of Peace may send his Warrant to the Constable of any Township in the County where he hath goods and take them and prize them by four of the Neighbours and sell so much thereof as the Justice shall think fit to satisfie the charge And if the offender have no goods a Rate for Rate the raising of the money may be made by the Constables and Church-wardens and two or three others or for lack of such Officers by four of the more sufficient men of the place where he was taken And any one Justice of Peace may by putting his hand to it confirm it And after give his Warrant under his hand to levy it by distresse of the goods of them that refuse and after apprisal by four of the Inhabitants by sale thereof to give back the over-plus And so to pay over the money to them that did bear the charge of his Convey to prison Upon 3. Iac. 10. See the President for this in the Clark's Cabinet Chap. 17. SECT 21. About Habeas-Corpus Certiorario Supersedeas Writ of Errour AS to these four things which are Writs that serve to prevent stop or undo the power of the Justices of the Peace these things are to be known 1. The Habeas-Corpus is to remove Remove of Records and Prisoners the prisoner and his cause from the Justices into a higher Court upon supposall that they are doing or have done illegally The Certiorani to remove the Cause and Record from before the Justices before a higher power upon this pretence The Supersedeas is from a Higher Court to forbid any further or other proceeding before the Justices The Writ of Errour to undo what hath been done before the Justices where upon on Indictment or Information a Judgment is given against Law 2. Every Habeas-Corpus and Certiorari to remove a Record or Prisoner ought to be signed
by one of the Judges of the Court whence it comes Upon 1 and 2 Ph. and M. 13. And yet if this be omitted the Justice of Peace must notwithstanding obey it 3. Writs of Supersedeas out of the Higher Courts are to be void that are not granted upon Motion in the open Court and upon good cause also shewed by Oath and the same set down on the back of the Writ And if this be not done it seems the Justices of the Peace may refuse to obey it Upon 21 Iuc 8. 4. No Remove shall be of an Indictment grounded upon the Ordinance of June 1654 about Challenges Nor Challenges upon the Act of the 6th of October 1650. where the proceeding is upon any penall Law for the buying selling searching viewing ordering or disposing of any Corn Wint Beer Ale Fish Flesh Sale-Butter Cheese or any other dead Victuals whatsoever Nor upon any Indictment grounded upon the last Act made the 17th of September 1656 about the Sabbath Nor to remove any Presentment or Conviction for a Popish Recusancy Nor shall any Writ Recusants of Errour be granted to reverse any such Conviction Upon the Act of 17th of September 1656. 5. The Justices of the Peace may refuse to send away an Indictment upon any such Wâ—it if it be for a Riâ—t Forcible Entry Assault and Battery except the Writ he delivered in â—â— the Justices of Peace in their Quarter-Sessions sitting the Court and except the party indicted will be bound with good Sureties to pay the Prosecutor his Costs But in case of Indictments for a Foreible Detainer and for any other offence then that before named it is otherwise Upon 21 Iac. 8. 6. The Justices of the Peace when any such Writ is duly â—ssued â—orth and sent to them must obey it for it is penal to them if they do not so And if the Writ for bid the Justice to do that which he hath sent out his Warrant to command to be done he must recall and countermand his Warrant 7. If the Writ do not require the sending away of the Recognizance that the Justice hath taken he â—â— to send the Writ and Recognizance to the next Sessions to be siled there 8. The Judges of the Higher Courts that do send for any such Record or prisoner may if they please send it down again to be determined by the Justices of the Peace Upon 6 H. 8. 6. See Steel's Rep. 475. 322. 399. SECT 22. About High-wayes and Bridges AS to High-wayes and Bridges these things are to be known 1. Any one Justice of Peace may upon his own View make a Presentment to the Sessions in the nature of an indictment against any place or Parish for that their wayes are not sufficiently amended And also against any man for any offence by him done against the Statutes of 2 3 Ph. and M. 8. and 5. Eliz. 13. That is to say The Constables and Church-wardens of the place for not choosing the Surveyors or not setting down the time for the six dayes work or for not giving publike notice thereof in the Church Or the Surveyors for refusing the Office or for their neglect in their office and in particular for not making Presentment to a Justice of Peace of such defaults as they find upon these Statutes Or the Parishioners that do not observe and attend to do the dayes-works appointed them Or such as suffer any Nusances in their Grounds hedges or ditches near to the High-wayes Or the Baylifts or High Constables for their neglect in the levy of the Amercements sent to them by the Clerk of the Peace against oftenders about the High-wayes or for the not making of their Account and the like And this presentment of the Justice if he have cause to have it drawn up he may put the Clerk of the Peace to do it And being put in it is of the same sorce as if it were found by Grand-Jury 2. Any one Justice may and must receive from the Surveyors of the High-wayes any Presentment that they shall make and tender to him of any default upon these two before named Statutes about the High-wayes And this Presentment he is to certifie and send in to Certificate the next Sessions under pain of 5 l. upon 5 Eliz. 13. 3. There must be two Justices one of them of the Quorum to enforce and take the Account of any Officer that hath in his hands any of the Forfeitures upon the Statute of 2 3 Ph. M. 8. about High-wayes And to imprison them who do account and are sound to have money in their hands till they pay it But if in this case the Officer be Caution to the Justices obstinate they cannot tell what to do to order him But it must be in the Sessions or no where See Steel's Rep. 399. Chap. 7. Sect. 6. 4. Any one Justice might have caused High-wayes to be enlarged and cleered of Trees and Bushes upon the Statute of Winchester 1 Ed. 3. But now they do nothing out of Sessions but according to the two afore-named Statutes 5. There must be four Justices of the Peace one of them of the Quorum Bridges And where so many Justices are not met together it cannot be done who with the Constables and two of the Inhabitants of every Parish and without their consent also it cannot be done to tax the Inhabitants of any place or places for the repairing of a Bridge or High-way within 300 foot of the Bridg when it is unknown who ought to repair it And they may appoint two Collectors to gather the money and two Surveyors to look to the work and to give an Account thereof and of the Account money And they may call these Officers their Executors or Administrators to an Account Upon 5 Eliz. 13. and 18 Eliz. 9. 6. For the Repair of Chepslow Bridge see 3. Iac. 23. 7. For the Repair of the High-wayâ—s in the Wild of Kent see 14. 15. H. 8. 6. Of Huntington Lane near to Chester see 37 H. 8. 3. In Sussex see 39 Eliz 19. 26 H. 8. 7. 15 H. 8. 6. Of the Cauce-way between Dorchester and Sherborn see 1 Mar. Parl. 2. Chap. 5. Of the King's Ferry in Kent see 18 Eliz. 10. SECT 23. About Horses AS to this there is this onely as belonging to the Office of the Justice of Peace out of Sessions to be known That if any horse be stolne and sold in an open Market the true owner thereof or his Executors may within six moneths after the stealing thereof make his claym for him before any one Justice of Peace near to the place where the horse is found And this Claym the Justice of Peace to whom it is made must take and hear And if within fourty dayes after the claym he can make proof his property by two Witnesses upon oath before the Justice and will pay down to the buyer so much as he before the Justice will depose that he bond side
4. 4. of Tile 32 H. 8. 13. of Horses Horses 4. Another thus That the Justices Mault of the Peace shall enquire hear and determine as well by the Presentment of 12 men as by Accusation or Information of two honest witnesses of for and upon the same offences So 2 and 3 Ed. 6. 10. of Mault 5. Another thus That the Justices Transportation of the Peace shall enquire as well by the Oath of 12 men as also to hear and examine the Masters and Mariners of the Ship and to hear and determine the same offences as they may and ought to hear and determine other offences So 1 2 Ph. M. 5. of Transportation 6. Another is to this purpose That â—orestalling the Justices of the Peace shall enquire hear and determine at their Quarter-Sessions all offences c. by Inquisition Bill Presentment or Information before them and by examination of two lawfull witnesses or by any of these wayes or means according to their discretion So 5 and 6 Ed. 6. of Forestalling c. 7. Another thus That the Justices Weights of the Peace shall by examination or enquiry hear and determine the desaults c. and set Fine according to their discretion So 11 H. 7. 4. of Weights 8. Another thus That all the Justices Pheasants of the Peace in their general Quarter-Sessions and any two of them together out of any Sessions shall examinâ—â— hear punish and determine the offences c. and to administer Oaths and to perform every thing requisite for the due execution of that Law So in 1 Iac. 27. of Pheasants 9. Another to this purpose That all the Forsâ—itures that shall grow by the Conviction of any person within the Statute shall be levied by Warranâ— under the hands and seals of two Justices by distresse and sale of the offenders goods And that if any of the said offences shall be confessed by the offender or that the same shall be proved Rogues by two sufficient witnesses not saying upon Oath before two Justices of the Peace that then such person shall forthwith stand convicted in Law thereof And that any two Justices of the Peace c. shall have power to hear and determine all causes that shall come and grow in question upon this Act. So 39 Eliz. 4. of Such as â—ve at high Rates Vagabonds 10. Another to this purpose That the Justices shall send for the offender and require Sureties of him for the good Behaviour and to appear at the Sessions or if he refuse to give it send him to Goal And that at the Sessions be shall be indicted upon which Indictment if he be legally convict of the offence that he shall be sent to the House of Correction So 17 Septemb. 1656. Of them that live at High Rates Clothes 11. Another is to this purpose That every Justice of Peace of the County shall have power to hear and determine the Complaints of them that are wronged c. by due examination of the parties c. And to commit the said offenders to the next Goal there to remain till damages be paid c. And that every of the said Justices upon complaint of any other may cause the party complained of to come before him and to examine him upon it And if thereby or by other due proof he be found defective that then he shall forfeit c. So 4 Ed. 4. 1. Of clothes 12. Another to this purpose That Yarn the Justices of the Peace shall have power to enquire of the said defaults as well at the Suit of the King as of the party And that they shall examine the Trespassoâ—s and enquire and do execution upon them that be sound faulty by Inquest or Examination to be made by the Judges c. So 8 H. 6. 5. Of Yarn 13. Another to this purpose That if the said offence shall be confessed by Clothiers the offender or proved by two lawfull witnesses before the Justices of the Peace in their Sessions Or before any two Justices of the Peace That then such person of such offence shall be convict and the Forfeiture shall be levied by distresse and sale of goods by Warrant from the two Justices of the Peace before whom the Conviction shall be So 1 Iac. 6. Of clothiers 14. Another to this purpose That Tokens the offender being convict by examination of witnesses or confession taken before the Justices of the Peace in their general Sessions shall suffer any corporal punishment but death they shall appoint And that two Justices of the Peace one of them being of the Quorum may to the Sessions call by process or otherwise the persons susspect or commit him to Ward or let him to bayl till the next Assizes or General Sessions there to be examined and further ordered as aforesaid So 33 H. 8. 1. Of Tokens 15. Another is to this purpose That the Justices of the Peace upon complaint Sheriffs to them shall examine the suspect offender and his Servants And if upon examination they shall find him faulty That then he shall be convict and attaint of the same offence without further Inquisition or examination And he shall forfeit c. And that the Justices shall certifie this Forfeiture into the Exchequer So in 11. H. 7. 15. Of sheriffs 16. Another to this purpose That the Justices of the Peace dividing themselves Servants into several limits shall by all such wayes and means â—â— to their wisdomes shall be thought must meet make a speciall and diligent enquiry of the Articles of that Statute and the execution thereof and where they shall find defaults severely punish it So in â— Eliz. 4. of Servants Wherein there is also a general â—ower of Oyer and Terminer to the Justices of the Peace 17. That the Justices and every of them may examine hear and determine all Complaints and offences that shall be done against that Law and according to their discretion punish such as shall offend c. So 2. and 3 Ph. and M. 16. 18. Another to this purpose That Captains and Souldiers the offender upon due proof of the offence by the Justices of the Peace shall suffer c. So in 2 3 Ed. 6. Of Captains and Souldiers SECT 4. THere are another sort of them and they seem to give to the Justices of Peace a power to do something onely or especially out of the Sessions of the Peace As for Examples 1. One of them is pâ—nned to this purpose 1. If any Justice of Peace of c. upon Lords-Day his or their view or confession of the party or proof of any one or more witnesses by Oath which the said Justice may administer shall find any person offending in the premisses the said Justice shall give Warrant under â—â—â— hand and seal to the Constables or Church-wardens of the place where c. to levy the said Forfeiture by way of distresse c. rendring
Peace upon Dyers Blockwood Complaint That a Dyer doth use Blockwood or is suspected of it may call for the Dyer and his Servants before him and examine them on oath And if he see cause bind him and the Witnesses over to the next Sessions And if he refuse to be bound send him to Goal till he do it But there must be two Justices when it is found to give power to burn the stuff 39 Eliz. 11. See more Ord. 12. Novemb. 1653 and 17 Septemb. 1656. SECT 11. About Constables AS to these Officers these things are to be known in this place 1. It is said That any one Justice Election of Him of Peace in case of necessity in a Hundred or Parish where there is no Constable for the Hundred or Parish for the present the Officer being dead or otherwise gone and the Sessions is far off no Leet in the place or it is far off in the time of keeping of it much to do for an Officer and the like in such Cases that one Justice alone may make and swear a Constable for the Hundred or Parish And we would have this to be Law if we knew how to make it good for the necessity thereof in many places where otherwise this Officer will fail except it may be supplyed by the Country Leet there being no Leet in the place But truly we look upon this as a thing somewhat dangerous to be done by a Justice of Peace out of Sessions especially where the Election of the Officer is for a place that hath a Leet for haply the Election may he void and the Lord of the Franchise may have his Action of the Case against Caution to Justices the Justice So also if an unfit Constable be chosen that he may after this way as hath been held and used be removed by the Justices in or out of Remove of him Sessions and another more fit put in his place So if there be need of more Constables in any Hundred or Parish that the Justices out of the Sessions may make and swear them This we agree to be generally practised and so seems now to have the Countenance of Custome to warrant it And yet we much doubt of this And therefore would advise rather to have what is done herein to be done in the Sessions onely See Steel's Rep. 362. and Chap. 7. Sect. 6. 2. These Officers are the most proper Officers under the Justices of the Peace as to the matters of the Peace and to them are their Warrants to be directed except it be in special Cases where by Acts of Parliament they are to be directed to some others 3. If any of these Constables shew Neglect and Contempt by them themselves any way to neglect or contemn the Authority or Commands of these Justices or any of them in the execution of their Warrants or otherwise such Justice may cause him to be Indicted and sined for it in the Sessions 4. If a Justice be to swear this Officer he may do it to this effect You shall swear you shall well and truly execute the office of High-Constable His Oath of and within the Hundred of H. or if it be a Parish of petit constable for and within the Parish of S. and liberties thereof to the best of your power and skill untill another be chosen in your room or you be otherwise discharged by order of Law The Warrants for this see in Clark's Cabinet Chap. 20. 5. How Constables may offend by not doing their duties in the Execution of Warrants sent to them upon penall Lawes and otherwise against the Statutes and what the Justices of Peace may do hereupon See in other Titles as Inne-Keepers Rogues Lords-day Trespasses c. 6. See more of this in Officers Numb 4. Oath Numb 10. and in Oath Sect. 37. Numb 11. SECT 12. Of the correction-House or Bâ—ide-well THis House is appointed for the punishment of Rogues Vagahonds wandring idle and disorderly persons that by the expresse words of 7 Iac. 4. are to be sent thither by the Justices But they cannot by this send thither who they please nor such persons for every cause How the Blasphemous Heretick is by them to be sent thither see Blasphemy Sect. 6. of this Chapter And what Rogues and Idle persons may be sent thither by the Justices of the Peace out of their Sessions See Rogues Vagabonds and Idle persons Sect. 48. of this Chapter And what Lewd persons may be sent thither for Incontinency see Incontinency Sect. 27 of this Chapter And what Servants or Apprentices may be sent thither see in Masters and Servants Sect. 33. of this Chapter And what other persons may be sent thither see in other Titles SECT 13. About crows AS to him that refuseth to pay to another that doth take old Crows Choughs or Rooks upon his Land having Land in his occupation worth 5 l. a year after the Rate of 2. d. a dozen It is said Any one Justice of Peace may cause it to be levied by distresse upon the Goods and Chattels of the Refusers But how this may be Caution to Justices warranted out of Sessions I understand not because there is no way of Conviction of him for his Refusal set down Upon 24 H. 8. 10. The words whereof are doubtfull in this point See Chap. 7. Sect. 6. Quest 19. SECT 14. About the Excise AS to the Vintner Inne-kepper Victualler Ale-house-keeper or one that Retailes Ale or Beer and that shall brew his own Beer or Ale before he give security to the Sub-Commssioners of Excise for the due payment of the Excise That upon due proof thereof made by Oath of two or more Witnesses or other sufficient Evidence before any Justice of Peace within any County where the offender doth reside and dwell the offender shall forfeit for every such offence 40 s. for the first and 3 l. for the second time to be levied by distresse and sale of goods rendring c. And if he offend after a second Conviction the Justices are to declare him disabled to keep any such Common-house any longer and to commit him to Goal till he give security never so to offend again And after this he is to be punished as an unlicensed Ale-house-keeper And after the Act is penned in these words All Justices of Peace are required and authorized to put this Clause and Article in execution and the said penalty is to cause to be paid to the laid Comnissioners of Excise Act. 14 August 1649. We here conceivem that by these general words thus penned they may do execution that by this any one Justice may take the Conviction and haply one may send the Warrant to do the Execution But it will be more warily Caution to Justices done by two Justices And we suppose he or they may give the Oath for Conviction albeit there be no clause to enable it And that they may make their Warrant to whom they will that will undertake
to do the Execution But we conceive it most proper to be done by the Constable of the place and therefore more convenient to make the Warrant to him then to others See Chap. 7. Sect. 6. â—â— If any Fine be imposed Imprisonment ponality or Forfeiture inflicted or seicure of goods be made for or about the Non-payment of the Excise by the Sub-Commissioners or Farmers thereof out of London and the district therens or by their Agents Deputies or Officers In this case there must be two such Justices as are not interessed or concerned in the thing in Question or Landlord or Tenant or of him or relation to the parties that must upon complaint made to them send their Warrant under their hands and Seal for the execution thereof And these two Justices if Complaint be made of either side may examine the matter upon Oath and end it And if they find any errour and that it is by Mistake onely they may mitigate the Fine so it be not lesse then the one half of what is to be paid and they may also give reasonable Costs to the Officer imployed in the businesse for his trouble therein Act. 17. Septemb. 1657. SECT 15. About Fasting and Feast-dayes AS to this matter of Fast-dayes and Feast Festival or Holy-dayes these things are to be known in this place 1. That for out Religious dayes of Dayes of Humiliation and Thanksgiving Humiliation and Thanksgiving the serving of piocess the going with Coaches Horses Boats and Sedans Tipling and Idling and the Entertainment of such as Tipple or are idle in houses and grinding at a Mill on such a day is penal Upon the 10th of April 165â— But there being no way of Conviction for this upon that Act out of Sessions there is nothing that the Justice of Peace can do out of Sessions against any man for the same or for his doing of his ordinary â—uâ—inesse now on aâ—day of Humiliation or Thanksgiving And as to the Ordinances of August 24. 1642 and of Decemb. 2d 1646 we take them to be of no use at this day 2. For the Ancient Festival or Holy-dayes Holy-daâ—es called Christmas Easter Whitsontide Midsummer and the like we â—ake these to be all abolished and done away at this day by the Ordinance for the Directâ—ry and by the Directâ—ry it self and by the Ordinance of 3d. of June 1647. 3. That the second Tuesday of every Second Tuesday a Play-day moneth is to be a play-day for recreation of Schollers Appsentices and Servants by Ordâ— 3. June 1647. And that if any difference be between the Mastery Apprentice or Scholler about this any one Justice of Peace may end it 4. That the Law for the Observation Lent of Lent and Fish-dayes remains as it was 5. Eliz. 5. 1â— Eliz. 7. And therefore if any Justice of Peace shall Fish-dayes as he may if he will in the Lent-time search any Victualling-house for Flesh and if he find any dressed or killed â—ill three dayes before Easter he may upon his own sight of it seize it and give it to the poor or to the prisoners Upon 1 Iac. 29. 3 Car. 4. 5 Eliz. 5. 35 7. But there is some doubt made upon the Continuance of some of these Statutes SECT 16. About Felons and Felonies 1. VVHere any Trâ—aâ—â—◠〈◊〉 any Felony greaten or lester is committed by killing stealing burning of â—â—elling houses or otherwise upon the Common-Law or upon any Statute Law in all such cases those things are to be done by the Justices of the Peace out of their Sessions 1. Any one Justice of Peace upon Notice or Report 〈◊〉 〈◊〉 max 〈◊〉 forth his Warrant under 〈◊〉 〈◊〉 of 〈◊〉 〈◊〉 Cry and Search 〈◊〉 〈◊〉 Cry Search 〈◊〉 the 〈◊〉 Felon and if they 〈◊〉 him or one they have good cause to suspect that he may be the man That they do him apprehend and bring before 〈◊〉 Justice of Peace to be examined theseof And this he may direct to the Sheriffs and to all Constables of 〈◊〉 Town and place within the Coun◠〈◊〉 For which see the President in the Clarks Cabinet Chap. 5. Numb 6. 2. If the Felony be by the taking away of goods he may send his Warrant to send to search in suspitious places Warrant to search for the goods stollen and if he find the goods to secure them to the end that the owner may have them and if the Officer suspect the party in whose hands the goods are to bring him to a Justice to be examined But this Warrant must be warily and tenderly made Caution to the Justices and used And for this see in the Clarks Cabinet Chap. 5. Numb 1. What Warrant may safely be made in this case and Chap. 7. Sect. 6. 3. When any man is suspected of Felony by another that is willing to inform against the Felon the Justice may take his Information upon oath if he will so give it Or he may if he please take it as we conceive without Oath And if the party will not give it upon oath yet the Justice shall do well to take it so Nor will we advise a Justice to force any thing in this case but to take such Information as the Informer will give and bind him over 4. If a Felony hath been done and there are some that can discover the Felon and will not voluntarily come in and inform the Justice of Peace may send his Warrant to require them to come in to him and give such Evidence as they can against the person suspect and if they be obstinate and refuse he may perhaps bind them to the good Behaviour and to appear at the Sessions to answer their contempt therein 5. The Justice of Peace when the Suspect-person is brought before him is to examine him which he is not to do upon Oath But he may examine others against him and this he may do upon Oath if they will be so examined 6. He must put the Examination Examination or the Effect thereof in writing and let the person examined if he will put his hand to it 7. If the Justice see any cause of suspition in the Case he is to send the person Suspect by a Mittimus to the Goal and bind Mittimus over the Informer if there be any in the Case or if not some other person interested Bind over in it or one that doth appear to prosecute it or one of the Witnesses to prosecute the suspected person at the next General Goal-delivery or Sessions as the case is And also bind over such of the Witnesses as can give the best evidence to be then there to give Evidence 8. All these Examinations and Informations or the Copies thereof together with the Recognizances for the appearance of the Prosecutors and the Witnesses he is to certifie and send Certificate in to the next Goal-delivery or Quarter-Sessions where the oftender is to be tryed 9. One Justice alone may
gave for the horse he shall have his horse again This Claym of the property by the true owner and Oath of buyer for the price the Justice of Peace when called upon herein he must take Upon 31 Eliz. 12. 2 3 Pâ— and M. 3. SECT 24. About Hue-and Cry AS to this any Justice of Peace may may do these things 1. He may bâ—nd or at the Sessions Good Behaviour cause to be bound to the good Behaviour such as shall raise false Hue-and Cry without any cause 2. If any Felony be done any Justice of Peace may command Hue-and-Cry to be made after the Felon and if he perceive Neglect in any Officer of his duty herein he may bind him or cause him to be bound at the Sessions to the good Behaviour And so upon any Hue-and-Cry raised by others if the Justice have Information upon Oath of any Neglect in the following of it by any Officer this is cause enough for a Justice to have the Officer bound to his good Behaviour and to appear at the next Sessions to answer his Neglect See 27 Eliz. 13. SECT 25. Of Hunters Hawkers Fowlers and Hunting Hawking Fowling AS to these things the Justice of Peace his power out of Sessions is thus 1. If any man Hunt or Hawk with Hawking in Corn. Spanniels in the Corn of another mans before it be shocked without his consent In this case any one Justice of Peace may examine the matter if it hath not been before heard and determined in the Sessions and if he â—â—â— cause bind over the party offending Bind over with good Sureties to appear at the next Sessions to answer the offence and to pay the penalty or receive the punishment appointed by the Act of 23 Eliz. 10. 2. If any man Hawk at or kill any Pheasant or Partridge with any Hawk or Dogg between the first day of July and the last day of August In this case any two Justices of the Peace of the County wherein the offender dwells or is apprehended may within six moneths of the offence done upon proof thereof by the Oath of two witnesses before him be committed to the Common-Goal of the place where he is so Convicted for a moneth without bayl unlesse he forthwith pay to the Church-Wardens or Overseers of the place 40 s. for every time he so hawketh and 20 s. for every Pheasant and Partridg so killed But he may not punish it after the six moneths 7 Iac. 11. 3. As to him that humeth Deer or Conies in any Parks Forrests or Warrens in the night disguised In this case any one Justice of Peace upon complaint to him made thereof may send his Warrant to the Sherift or any Bayliff or other Officer within the County to arrest and bring the offender before him to be examined and may examine him If he deny it it is Felony and then the Justice is to prosecute it as a Felony But if he consesse it he is onely to bind him over to appear at the Sessions where he is to be sined for it 3 H. 7. 7. And if any man purposely destroy or take Partridges or Pheasants in the night Any one Justice of Peace upon the bare Examination of the party offending may if he see cause to suspect him bind him with good Sureties in a Recognizance to appear at the next Sessions to answer the offence and to pay the penalty of the Statute Upon 23 Eliz. 20. But there being no way given to the Justice to convict the oftender he cannot levy the penality 4. If any one not qualified by having 10 l. a year of his own Inheritance or 30 l. of his own Free-hold or 200 l. in goods or is eldest son to a Knight or to a greater man c. shall keep any Gray-hound Dogg or Nett to take Partridges or Pheasants Any two Justices in this case upon suspition hereof may send their Warrant to search in places they suspect for them and give the Searchers power if they find any to kill the doggs and tear the Netts And may also upon the confession of the party or proof of the thing by two Witnesses send him to Goal for three moneths unlesse he will forthwith pay to the Church-Wardens of the place where c. the forfeiture of 40 s. Upon 1 Iac. 27. And if any such unqualified person kill or destroy any Pheasants or Partridges by night or day by Nets or otherwise any two Justices upon his confession thereof or oath of one witnesse may send him to the Goal for a moneth unlesse he forthwith pay to the Church-Wardens or Overseers of the Poor where c. 20 s. for every Pheasant and Partridge upon 7. Iac. 11. 5. If any kill hunt or take away any red or fallow Deer in any Porrest Chase Park or other inclosed ground without consent of the owner or shall be ayding or assisting therein any one or more Justices of the Peace upon the confession of the party or oath of one witnesse which the Justice may give shall forfeit 15 l. half to the Informer and half to the Poor of the place which the Justice may by Warrant under his hand levy by way of distresse and sale of goods And for want of distresse the offender to be committed for 12 moneths without Bayl. The offender must be punished within three moneths of the offence done And he that is punished on this Law may not be punished upon any other Law Act. 24. July 1651. 6. If any man buy or sell any wilde Partridge Pheasant Deer or Hare Any two Justices of the place where c. or where c. upon the Confession of the party or Oath of two Witnesses may Commit him to Goal for three moneths without bayl unless he forthwith pay to the the Church-Wardens of the place where c. 40 s. for every Deer 10 s. a Hare or Paritridge and 20 s. a Pheasant or untill he enter into a Recognizance of 20 l. with two Sureties never to do so again 7. If any shoot at with Gun or Bow or doth kill by Nets or other engines Guns a Hare Paritridge Pheasant Pigeon Hearn Mallard Duck Teal or any such Foâ—l or taken the Eggs of a Eggs of Pheasants Paritridges â—c Pheasant Partridge or Swan or doth trace a Hare in the Snow Any two Justices of the Peace where c. or where c. may commit him to Goal as in the last case till he pay 20 s. for every Pheasant Partridge Pigeon or other Fowl 20 s. for every egge so taken and 20 s. for every Hare so traced Upon 1 Iac. 27. 3 Iac. 13. SECT 26. About Imprisonment Arrest and Commitment AS to this these things are to be known 1. That the Justice of Peace must Caveat to Justices take very great care that he do not give Warrant to arrest or imprison or to send to the Goal or Bride-well any man in any cause but where he hath a clear authority so
As to the Inne-keeper Ale-house-keeper Tipling suffered by the Inne-keeper Taverner or Victualler that doth suffer any one of the same or of another Parish to sit Tipling in his house In this case any one Justice of Peace may upon his own fight hereof or the confession of the offender or the proof thereof by the oath of one witnesse which he may administer convict him of it And after this Conviction he is to give notice of it to the Constables or Church-wardens of the place where the offence is done and call upon them to do their office therein which is to levy of the offender's goods 10 s. forfeiture for the offence to the use of the poor of the place where c. by way of distresse of goods and after six dayes by sale thereof rendring c. And if it be not paid or there be no distresse to be had the Constables or Church-Wardens that had the notice they are to certifie the same to any one of the Justices of the Peace And thereupon the same Justice of Peace may send his Warrant to commit the offender to Goal till he pay the same forfeiture And also to give him notice That he is disabled for three years to keep any Ale-house again And if these Officers do not levy the money Officers nor certifie the lack of distresse or non-payment within 20 dayes to the Justice of Peace The Statute saith That the Justice of Peace by Warrant under his hand and seal shall levy 40 s. penalty â—pon them by way of distâ—essâ— of goods And this distresse to be detained six dayes then prized and sold rendring c. And for lack of such distresse the same Officers to be sent by the same Justice to the Goal till they pay their forfeiture But doth not say how the Constable or Church-Wardens shall be convicted of this offence And therefore the Justice may Caveat to Justices not send such a Warrant to levy it but this punishment may be inflicted by the Justices of the Peace in their Quarter-Sessions against the Officers for their neglect by the general power of Oyer and Terminer given to them by the Act. Also the Justices in this case must take heed of sending their Warrant against the Inne-keeper c. for the 10 s. For the Constable and Church-Wardens are by their Office to do it without Warrant 1 Iac. 9. 21 Iac. 7. 1 Car. 4. 3 Car. 3. See Chap. 7. Sect. 6. Quest 19. 4. As to the Inne-keeper Ale-house-keeper Assife Vintner c. that shall sell lesse then one quart of the best and two quarts of the small Ale or Beer for a penny In this case any one Justice of the Peace may upon his own sight of it the confession of it by the party or proof thereof by the oath of one Witnesse which he may administer convict him of it and after his conviction proceed against him as he is to do in the last case before against the Ale-house-keeper for suffering tipling in his house And so also against the Officers throughout 1 Iac. 9. 21 Iac. Caveat to Justices 7. 1 Car. 4. with the same Caveat as in the last See for the Warrant in the Cabinet Chap. 12. Sect. 6. 5. As to him that is drunk In this Drunkennesse case any one Justice of Peace may upon his own view or the offenders confession thereof or proof by the oath of one witnesse convict him And for the first offence he may within a week after the conviction send his Warrant to the Constable of the place where c. to levy of the offenders goods to the use of the poor c. 5 s. if it he not paid in within a week after the Conviction by way of distresse and sale of goods c. And for lack of distresse the offender is to be put in the Stocks six hours And Caveat to Justices albeit there is no expresse power by the Act given to the Justice nor to any others to do this Yet it is conceived that the Justice may safely do it And therefore that he may safely follow my Presidents in the clark's Cabinet herein to make his Warrant forth in this case to do it For the words of 4. Iac. 5. are That if the offender lack a distresse he shall be commited to the Stocks six hours But it doth not say the Justice shall commit him to the Stocks Or that he shall send his Warrant to do it But this must as it is conceived be necessarily understood For the Act of 21 Iac. 7. hath these words That one Justice may convict him and the offender shall be punished as in the Statute is appointed And if it be the. Ale-house-keeper that is drunk the Justice is to give him notice that he is disabled for three years to keep an Ale-house again And for the second offence in any Drunkard the Justice of Peace is to put him to give two Sureties for his good Behaviour in a Recognizance of 10 l. And in this Statute there is the like Clause to punish the Officers neglect as is in the two last before the third and fourth Number But no way of Conviction except it may be by the parties own confession upon the general words of 21 Iac. 7. in the beginning thereof But Caveat to Justices this being doubtfull it is not safe for the Justice of Peace to grant his Warrant against the Officers for this But to leave it to the Sessions 4 Iac. 5. See the Warrant on this part in the Cabinet Chap. 12. Sect. 3. But no Justice of Peace can punish any man for this offence of Drunkennesse after six moneths is past after the offence is committed See Chap. 7. Sect. 6. Numb 24. 6. As to the Townesman or Stranger that shall be tipling in an Inne Tipling Ale-house or Victualling-house and not invited by a Traveller and during the Traveller's stay there onely and labourers that are there for the conveniency of their work or one that is there for cause to be allowed by two Justices of the Peace In this case any one Justice of Peace may upon his own view thereof the confession of the party or proof thereof by the oath of one witnesse send his Warrant to the Constables of the place where c. to levy of the offenders goods to the use of the poor c. 3 s. 4 d. by way of distress and sale rendring c. And for want of distresse to set him in the Stocks for four hours And to give the Inne-keeper notice that he is disabled c. 4 Iac. 5. 21 Iac. 7. See the Warrants for these things in the Cabinet Chap. 12. Sect. 4. 7. No man is to be punished twice for the same offence in any case upon these Statutes 3 Car. 3. 8. There must be two Justices and License one of them of the Quorum to give license to any man out of Sessions to sell Ale Beer Cyder or
with a third part of the Forseiture See in the Cabinet a Warrant for it chap. 4. Sect. 3. 3. As to Carriers with Houses Carriers Drovers of Cattle Wains or Carts and Drovers of Cattle that Travell on this day In this Case any one Justice of Peace may upon his own fight of it the Consession of the party or proof of it by the Oath of two Witnesses send his Warrant to the Constables or Church-Wardens of the place where c. to levy of the goods of the Offender 20 s. to the use of the poor of the place where c. by way of distresse and sale thereof rendring c. upon 3. Car. 1. But no man is to be punished upon this Law unlesse he be questioned for his offence within six Moneths after it is done And here the Justice may also if he please reward the Informer with a third part of the Forseiture See the President for it in the Clarks Cabbinet Chap. 4. Sect. 4. 4. As to Butchers that by themselves Butchers or others kill or sell their meat on this Day In this case any one Justice of Peace may upon his own sight thereof the Consession of the patry or Oath of two Witnesses send his Warrant to the Constables and Churchwardens of the place where c. to levy to the use of the poor of the place of the Offenders goods 6 s. 8 d. by way of distresse and sale thereof c. upon 3. Car. 1. But no man is to be punished upon this Law for his offence after the six months And here also the Justice may if he please reward the Informer with a third part of the Penalty See the Warrant in the Cabinet Chap. 4. Sect. 5. 5. As to such as Cry shew sorth Crying and shewing of Wares offer or put to sale any Goods Wares or Commodities except it he provision in an Inne or Ale-house or milk in London upon this day the things are to forfeited and any Church-wardens Constables or Overseers of the poor may without warrant from a Justice of Peace seize and secure them Also any one Justice of Peace may give a Warrant to any such Officers so to do Upon the Act of 6th of Aprill 1644 and 19th of April 1650. And now it is added That any one Justice of Peace upon proof of the offence by his own view the confession of the party or oath of witnesse may give order to sell the goods and give the money to the poor of the place where the goods were first seized Or the Justice if he please may give the thirds thereof to the Informer the rest to the poor But this new thing must be done within a moneth after the offence is done or it cannot now be done Upon the new Act. 17th September 1646. See in the Cabinet a President for it in the same place 6. As to such as Travail abroad on horseback or on foot without License Travailers of a Justice of Peace on this day Any one Justice of Peace may upon his own sight of it the confession of the offender or proof thereof by oath of one witnesse send his Warrant under his hand and seal to the Constables or Church-Wardens of the place where c. to levy of the goods of the offender 10 s. to the use of the poor of the place where c. by way of distresse and sale thereof rendring c. And then the Ordinance is further That for lack of distresse the offender shall be put in the Stocks three hours But the words being doubtfully penned as we shewed before and that it may be safe to put this clause and to follow my President for this in my Cabinet Upon Ordinance of 6th of April 1644. And here also the Justice may if he please give a third part of the forfeiture to the Informer 7. As to such as carry any Burdens Carrying of Burdens or do any worldly work on this day In this case any one Justice of Peace upon sight hereof the Consession of the offender or proof thereof by the Oath of one witnesse may send his Warrant under his hand and Seal to the Constables or Church-Wardens of the place where c. to levy of the oftenders goods â— s. to the use of the poor of the place where c. by way of distresse and sale thereof rendring c. And this is by the same Ordinance of 6th of April 1644. where the case is the same as in the last offence And therefore the Justice we conceive may here also use the Clause of putting in the Stocks three hours And here also the Justice may if he please give a third part of the Forfeiture to the Informer 8. As to the Travellers Wagoners Time of coming in and going out of the Inne Saturday nights Butchers Higlers Drovers and their Servants that shall come into their Inne Saturday night after 12 of the Clock and go out Munday morning before one of the clock without leave of a Justice of Peace And as for such as Dance prosanely sing drink or tipple in an Inne Tavern Ale-house or Tobacco-house or is there or doth grind at a Corn-Mill on this day without leave of a Justice of Peace the travailer and Inne-keeper and all the rest forfeit 10 s. a piece And as to them that execute any Writs Orders or Warrants but in case of Treason Felony Breach of the Peace or profanation of Serving process the Lords-day upon this day they forfeit 5 l. And as to them that use Coaches Boats Lighters Horses or Going wiâ—â— Coaches c. Sedans but in case of Gods Service and for cause allowed by one Justice of Peace on this day they forfeit 10 s. for every offence And all these Forfeitures in these four cases lastly named are by Warrant of one Justice of Peace under his hand and seal to be levied of the goods of the offenders by distresse and sale of their goods c. And for lack of distresse the offender is to be put six hours in the Stocks But there is no Caution to the Justices way of Conviction of either of these offenders set down by the Act. of 19th of April 1650. And therefore we conceive that no Justice may grant his Warrant in either of these cases to levy the Forfeitures But that it must be done by the Justices of the Peace in their Quarter-Sessions if they have any Sessions power given to them therein by the Law If not it cannot be done at all 9. As to the common Brewers of Beer or Ale the Soape-boyler or distiller Brewers of Aqua-vita or hot-Waters that shall brew or Tunne any Beer or Ale boyl or make any Soape or distill or make any Aqua-vita or hot-waters on this day In this case any one Justice of Peace may within three moneths after the offence committed upon the confession of the party or oath of one witnesse send his Warrant to the Constable
of the place where c. to levy of the offenders goods the double value of what is brewed c. to the use of the poor of the place where c. and of the Informer by way of distress and sale thereof rendring c. And for lack of distresse and non-payment thereof to send him to Bride-well for three moneths and untill he pay it See Chap. 7. Sect. 6. Ord. Excise 17th Septemb. 1656. 10. As to Books written against the Books against the Day Morality of this day and to countenance the profanation thereof In this case any one Justice of Peace may burn them himself or cause them to be burnt by others Upon Ord. 6th of April 1644. 11. All persons must on this day apply How the Day is to be kept themselves to the Sanctification of it by exercising themselves thereon in the duties of Piety and Religion publikely and privately Upon Ord. 6th of April 1644. And this is added thereunto by the new Act That if he be not allowed by some one Justice of Peace to absent himself he is every Lords-day to resort to some Church Chappel or other convenient meeting-place of Christians not distering in matters of Faith from the publike profession of the Nation being the true Protestant Christian Religion contained in the Holy Scriptures of the New and Old Testament under pain of 2 s. 6 d. The which any one Justice of Peace upon his own Sight the confession of the party or the Oath of one witnesse may by his Warrant cause to be levied of the offenders goods by way of distresse and sale thereof rendring c. But nothing can be done upon this new Act of 17. Septemb. 1656 but what is done within a moneth after the offence is done 12. Any one Justice may license a License man to be absent from Church to travail or do worldly businesse to be in an Inne or such like house to go earlier out of his Inne Manday morning or come later into his Inne Saturday night or to have a Coach Horse-Litter Boat to travail and pasle in it on this day Upon the Lawes before-named 13. By the new Act of 17th of September 1656 most of all the offences before named are called a profanation of this day and some others as playing on Instruments vain Singing Dancing the going of Fulling-Mills the working in the washing whiting or drying of Cloaths threed or yarn the setting up or burning of Turf or Beere the gathering of Rates except it be for the poor the melting of Tallow and Wax by Chandlers the baking by Bakers the fitting and carrying home of Cloaths by Taylors the Trimming of men by Barbers the keeping of Fairs and Markets and vain and idle walking about in any place And by this new Law my one Justice of Peace in case of any of these offences done may upon his own sight thereof the Confession of the party or oath of one witnesse send his Warrant to the Constable of the place where c. to levy of the offenders goods 10 s. by way of distresse sale c. to the use of the poor of the place where c. But no Conviction can be of any man for any offence within this Law but what is made within a moneth after the offence done And by this new Law any one Justice of Peace may within this moneths time after the offence send his Warrant to search for discover apprehend and bring before him such persons as he is informed have profaned or do profane the day in any of the particulars before named But here we Caution cannot but tell you That the offences formerly named of Travelling carrying burdens and doing worldly labours or work of their ordinary Calling the keeping using or being present at Wakes Revells wrestlings shootings leapings ringing of Bells for pleasure Bowlings Feasts Church-ales May-poles Gaming Bear-bayting Bull-baiting Butchers and others using of their Trades which were offences against other lawes before the making of this Law seem all tobe comprehended within this time now by the words of this Law as to this purpose are provided That no person shall be impeached or molested for any offence within this Act unlesse he be thereof convicted within one moneth after the offence committed And then it will follow That as to all these offences newly named by this Act they cannot be punished by any of the former Lawes but it must be done within the moneth And the Justice of Peace must therefore be wary what he doth herein and take heed how he useth the Warrants we have advised and drawn in the Clarks Cabinet as touching the Lords-Day that do not agree with the Advice now herein laid down without very good Advice SECT 32. About Mault 1. ANy one Justice of Peace may direct the Constable to sell such deceitfull Mault as he upon Search shall find at the price the Justice shall set down Upon 2 Ed. 6. 10 27 Eliz. 14. 1 Iac. 25. 3 Car. 4. 21 Iac. 28. 2. There must be two Justices of the Recognisance Peace to convict an offender by his own Confession or the Testimony of two witnesses of his breach of a Sessions-Order made for the Restraint of Maulsters and to commit him to Goal three dayes and after till he become bound in a Recognisance of 40 l. to obey the Order Upon 39 Eliz. 16. 3. Any one Justice of Peace alone may take the Recognisance of 40 l. mentioned in the last head Upon 39 Eliz. 16. SECT 33. About Masters Servants and Apprentices 1. ANy two Justices of the Peace Speciall Sessions one of them being of the Quorum may twice a year between Michaâ—mas and Christmas and Lady Day and Iohn the Baptist for three dayes at a time keep a speciall Sessions onely to enquire of the matters and severely to punish the offences against the Stat. of 5. Eliz. 4. about the Hiring Keeping Departing working wages and order of Servants Workmen Artificers Apprentices and Labourers And the Justices are to have each of them 5 s. a day out of the Forfeitures for the time the Sessions doth last for their pains herein 2. It is said that any one Justice of Peace may out of Sessions upon this Law do any one of these things following 1. By the Agreement of the Master and his Apprentice and by writing under the Masters hand discharge the Apprentice of his Apprentiship 2. Allow of the cause of putting away of a Servant but not of an Apprentice within his time 3. Hear and end any difference that shall arise between the Master and his Servant or Apprentice about his not Serving being hired his parting before his tinie be ended or his misbehaviour in the time of his service and make an order herein between them And if the Master will not obey it bind him to appear at the Sessions and if the Servant or Apprentice refuse to obey it bind him to the good behaviour and to appear there also
Oath that are to be Overseers of them that are infected with the Plague upon 1 Iac. 31. 10. There must be three Justices To them that deprave the Sacrament one of them of the Quorum to take the Information of witnesses against such as speak irreverently of the Lords Supper Upon 1 Ed. 6. 1. 11. And what Justices may take the Informations upon Oath against other Offenders upon penall Lawes see in the Severall Titles 12. The Justices must take heed of New oaths imposing new Oaths especially out of Sessions For it is a Rule That the giving of every Oath must be warranted by Act of Parliament or by the Common law time out of Mind Coo. 2. part Inst 479. They must also take heed of imposing the old Ceremony of How an Oath must be taken laying the right hand on the Bible in the taking of an Oath For any man may now if he will in stead thereof during the time of his taking of it hold up his right hand onely See the Act of 5 Septemb. 1649. For the Oaths of Mayors c. SECT 38. About Officers and Offices AS to this And what the Justices of peace may do about this out of their Sessions these things are to be known 1. That the Justices of the Peace of the County have somewhat to do in the making and Government of divers of the Officers of the County Hundreds Parishes and Places within the County 2. The Treasurers of the County-stock albeit they be chosen and made at Treasurers of the County-stock Masters of Bride-well and are under the Government and order of the Quarter-Sessions yet may any two Justices by order of the Sessions levy by sale of goods the Fine set by the Sessions on the Treasures for the neglect of their office Upon 43 Eliz. 2. 3. Any one Justice may punish the defaults of Sheriffs by not returning Sherâ—ffâ—â— good Jurors to enquire in a case of Forcible entrie before him upon 8 H. 6. 9. But see more of this in Sheriffs Sect. 50. 4. What one Justice may do in the making or remove of Constables See constables Constables Sect. 11. of this chap. 5. The Justices themselves being all of them Conservators of the Rivers Conservators of Rivers each of them may choose others under them to over-see the Rivers upon 27 R. 2. 9. 6. Any two Justices may appoint searchers of Tiles upon 17 Ed. 4. 4. Searchers of tiles 7. Two Justices may make and call to account once a year Overseers of Overseers of Cloath Cloath and bind them by Oath and bond to do their duty Upon 3. and 4. Ed. 6. 2. 8. Two Justices of the nearest to the Overseers of the poor Parish are within a Moneth of Easter every year to appoint two or more of every Parish to be Overseers of the Poor of the Parish For which See 43. Eliz. 2. and poor Sect. 43. of this chap. 9. Two Justices of the nearest to the Parish must under their hands and feals Church-Wardens approve the yearly choice of the Church-wardens of Parishes For this see Church Sect. 9. of this chap. 10. Two Justices may call Treasurers of the County stock High-Constables Calling them to Account Petty-Constables or others their Executors or Administrators who have been formerly trusted with the Receipt of any Money charged on a Parish by the Statute of 43 Eliz and order the payment thereof to the County Treasurers So they may call them to an account for any money belonging to maimed Souldiers And so Officers that have received any money to the use of the poor Upon the Ord. of May 1647 and 24. of December 1647. But for the Accounts of Church-wardens Overseers of the Poor Surveyors of the High way See in the Titles themselves 11. Any one Justice may call Watch-men Watch-men to an account of the Execution of their Office And if he find them negligent therein cause them to be bound to the good behaviour or to be indicted at the Sessions for it 12. For other things about Rogues Drunkards Sabbath-breakers Poor Church and the like what Warrants Justices may send to Officers and what they are to do upon them See in the proper Titles SECT 39. About the Peace and Surety of the Peace ANy one Justice of Peace may of his own head without Motion of another and by his own power put him to give Sureties for the Peace that he knows to be a common Ryotor or common Barretor or that maketh an Affray upon him or upon another in his presence or that is about to make an Affray or that doth threaten another to beat or kill him or burn his house or that doth go or ride armed in a terrible way or the like without any information complaint or Oath of anyother man Also he may upon the request of another and the offer of his Oath that he standeth in fear of his life or some bodily hurt or the firing of his house by another man whether it be true or false take his Oath or perhaps he may do it without Oath for we conceive it to be in his discretion And then he may send his Warrant to bring the party before him or some other Justice of the Peace if he be not in his presence to give surety for the Peace or if he refuse to carry him to Goal till he so do And if he be in his presence he may require him to put in Sureties to keep the Peace And the Sureties and the Sum in which they are to be bound must be according to his discretion which is to be guided by reason and to be greater or lesse as the case is more or lesse dangerous And if he refuse so to do he may send him by a Mittimus to the Goal till he shall so do But for and after an Affray past and without any such Oath taken or cause of Suspition of a new Affray Caution to Justices to send this Warrant and take this Surety or to send to Goal any man refusing is not safe for a Justice of Peace And yet if he have proof that the Affrayors are newly parted and like enough to fight again there perhaps he may put them both to give surety for the Peace SECT 40. About Playes and Games AS to such as keep houses of Dicing Cards Dice Tables c. Carding Tables and of the like unlawfull Games and such as haunt such houses and play there not Licensed by the Lord Protectour Any one Justice of Peace may in this case go into the house he doth suspect where such Play is And if he catch them in the manner and they be not such as are excepted in the Law he may commit the keeper of the house and those that play in his house to prison untill they enter into Recognizance never to offend so again But he as we conceive Caution to Justices may not without good advice send his Warrant
Fine of 40 s or under upon any of the same Constables for not appearing before them or for not making a Return or for not making an Execution of their Warrant or for not Executing the Justices warrant at any time in the Convey of Rogues to the Bridewell upon 7 Iac. 4. 21 Iâ—c 28. But herein is no way of Conviction of Offenders or of Levy of the penalty set down and Caution to the Justices therefore we cannot see any way to punish these Officers herein with safety out of the Sessions 6. As to the poor man or Woman A poor man that doth threaten to run away from his Family that is able to work and that shall threaten to run away and leave his Family upon the charge of the Parish in this case any two Justices of the Peace upon proof hereof by the Oath of two witnesses may send the Offender to the House of Correction unlesse he or shee can put in sufficient Security House of Correction for the discharge of the Parish upon 7 Iac. 4. 7. As for such poor as have able bodies Poor that will not work and nothing but their work to live by and do not work in any ordinary and daily Trade to get their livings by their work And the Overseers of the poor do provide them work and appoint them to do it and they will not work It is said in this case that the Justices or any of them may commit such persons to the Goal or to the Bride-well And so are the words of the Statute of 43 Eliz. 20. But we cannot see how this can be done out of the Sessions For there is no way of Conviction of the offence And this therefore must be necessarily implyed by the Act that if they shall punish they must first Convict the offender 8. It hath been said that such poor persons as begg beyond their license Idle poor to be sent to Bride-well Such poor as are able to work and are idle or will not work by the appointment of the Overseers of the poor such common-Labourers poor men as refuse to work for the wages appointed and some others may be sent to Bride-well by the Justices of the Peace But we cannot see by what Authority onely this in the 7 Iac. 4. That if Constables shall neglect to convey safely all such Rogues with all other idle and disorderly persons c. as by the Justices of Peace his Warrant shall be sent to the houses of Correction c. That then they shall forfeit c. By which is implyed that the Justices might and do send such persons thither But this must refer to the cases in which they are by other Lawes empowred to send them thither And howsoever it be it is sure it cannot be safely done by any Justices of the Peace out of the publick Sessions See 39 Eliz. 4. 7 Iac. 4. 9. As to the Warrants then in the Clerks Cabines in Chap. 18. and some Caution of the Mittimus in Chap. 25. which are contrary to the Cautions we have herein given we do now upon better Consideration utterly dislike them and advise the Justices of the Peace not to use them SECT 49. About Sewers SIx Justices of the Peace two of them of the Quorum have some power with the Commissioners of Sewers for a year For which see 13 Eliz. 9. SECT 50. About Sheriffs AS to this head these things are to be known 1. Any one Justice may punish the defaults of Sheriffs in not returning good Jurors to enquire of a Forcible Entry Upon 8 H. 6. 9. 2. He may punish his defaults in the County Court by entring a plaint in the name of a man not present himself or his Atturney or by not taking care that the Plaintiff in every Suit do put in his pledges Or by entring more Plaints then one or more then the Plaintiff doth desire for one and the same cause Or where a proceeding is against a Defendant in a Suit and he hath no warning to appear In these cases any one Justice may examine the Sheriff or any of his Officers And if he find the thing by their confession or otherwise he is to certifie it into the Exchequer the Sheriff doth forfeit 40 s. Upon 11 H. 7. 15. So one Justice may examine the Collectors of the Sheriff's Amercements of the County-Court if they have collected more then is due upon their Estreats And if he find it so he may certifie the offence against them into the Exchequer 11 H. 7. 15. 3. There must be two Justices and one of them of the Quorum to overlook the Sheriff's Books and Amercements and to seal the Indentures of his Estreats and to swear the Bayliff that he shall levy no more then is contained in those Estreats Upon 12 H. 7. 15. 4. Any two Justices one of them being of the Quorum may give the Under-Sherift his Bayliffs of Franchiles Deputies and Clerks their Oaths which they are to take before they meddle with their Office Upon 27 Eliz. 12. SECT 51. About a Supplicavit 1. THis Writ the Justice to whom it is sent and given must see that he do execute it 2. He is thereupon to send his Warrant to the Constable to bring the party to be bound before him to put in Sureties according to the Writ or if he refuse to carry him to Goal And if the sum be left to his discretion it is fit for him to set down a good Sum. 3. After Sureties given he is to grant a Supersedeas to stop all other proceedings upon Warrants granted by himself or other Justices to the sanie end 4. He need not certify the Recognisance till a Cerciorari come to require it SECT 52. About Superstitious Reliques ANy one Justice of Peace where any Altars Tables of Stone Crucifixes Crosses Images Pictures of any Person of the Trinity or Saint or like superstitious Reliques are yet remaining may upon Information to him given thereof cause the same to be taken down Upon Ord. May 1644. SECT 53. About Swearing and Cursing AS to him that doth prosanely Swear or Curse Any one Justice of Peace upon his own hearing thereof the Confession of the patry or Oath of one Witnesse may send his Warrant to the Constable to levy distresse and sale of goods to the use of the poor c. the Forfeitures appointed by the Act. Which is if the offender be above 14 years old and in degree a Lord or higher 30 s. If a Baronet or Knight 20 s. If an Esquire 10 s. If a Gentleman 6 s. 8 d. If a common person 3 s 4 d. And this for the first offence And after one Conviction for every offence afterwards twice as much And in case no distresse can be had nor Surety given to pay the money Then to put the offender for the first offence in the Stocks three hours And for every offence after the first Conviction six hours And if the offender
or any other Earth or Clay which may be used in the Art of Fulling beyond Sea and the owner of the ground where it is digged do by a note under his hand ofter to discover it to any one Justice of Peace This Justice must receive it and within three moneths aâ—ter the discovery Certificate thereof make it known by his Certificate under his hand and seal to the Batons of the Exchequer 9. Jan. 1647. SECT 58. About a Trespasse in Orchards Woods c. AS to him that shall cut or carry away standing corn rob Orchards or Gardens of Fruit c. break hedges or do any such like thing that is not Felony In this case any one Justice of Peace upon the confession of the offence by the party or proof thereof by the Oath of one witnesse may order the offender to give the party wronged such satisfaction as the Justice shall think fit Or if he judge him unable to make any satisfaction by money or however in case of a second offence the Justice may send his Warrant to the Constable to whip him And if the Constable neglect to do his duty upon this Warrant the Justice may send him to Goal till he procure the party to be whipt according to the Justice of Peace his Warrant 43 Eliz. 7. But there is no way nor power given to the Justice to convict the Constable of this neglect And therefore this punishment may not be inflicted but in a Sessions-way If the Justices have power of it there Wherefore otherwise they may fine him or bind him to the good Behaviour for his contempt as an offence at the Common-Law Some say also that for a common-hedg-breaker woodstealer or robber of Orchards That he may be sent to the House of Correction Bridewell which is more then we dare affirm But this is certain That if it be done it must be done by order of the Justices of the Peace in and not out of the Sessions SECT 59. About warrants made by the Justices AS to the Warrants the Justices of Peace are to make these things are to he heeded 1. It is safe for the Justice to make all his Warrants in writing 2. To see they be perfectly done when the Justice doth Subscribe them And not to leave them with blanks to be filled up afterwards by others 3. In all cases his hand must be subscribed and in some cases his Seal is necessary And therefore it is best in all cases to put his hand and affix his seal to it 4. For the manner of penning it He may if he will put the style of it in the Lord Protector 's Name thus Glouc. ff Oliver Lord c. Or he may send it in his own Name A. B. Esquire one of the Justices c. Or without any style at all thus Complaint being made to me c. These are to require you c. And it may be with or without a Tesle But it is Teste not amisse to say Witnesse my hand and seal c. And a certain Date of the Date day moneth and year may not be omitted See in the Clerks Cabinet and in the 30th Chapter of my first Book of the Justice of Peace his Office more of this 5. The Justice is to take care hi Warrant be penned plainly and clear ly that the Officer that is to execute it may understand and to declare ambiguous words in it Such as this That you cause to come before me for by this he may not understand whether he may fummon him to come or bring him prisoner And therefore to say rather That you warn or summon bin to come or be before me c. 6. If the Warrant be to be grounded on a Statute-Law the more care must be had in it exactly to puâ—sue the directions of the Statute therein And where the Statute saith It shall be under the hand and seal of the Justice or to the Constables and Church-Wardens accordingly to pen it 7. If a Warrant be made by a Justice to apprehend a man and bring him before this or some other Justice of the Peace it is safe to set down in the Warrant the cause of it as that it is to put in Sureties of the Peace or for the good Behaviour or because he is charged with a Felony or the like And to be sure the cause will bear such a Warrant And therefore we cannot approve at any hand the usual Warrant to attach or apprehend men and bring them before a Justice of Peace and say no more but for misdemeanor onely or to answer to such matters as shall be objected against him See for this Coo. 2. Part of Inst 59â— 8. Where by a Statute-Law power is given to a Justice or Justices of the Caution Peace to commit to prison Bride-weil or the like in case of lack of distresse or insufficiency or the like whereby to levy the forfeiture There the best way for the Justices is to do it by one Warrant thus and therein pursue the words of the Warrant thus That you levy of the goods c. And in case you can find no distresse or for lack of distresse or that the party be insufficient c. That then you carry him to Goal for three dayes Or that you whip him c. as the case is according to the Statute in that case provided Rather then to take upon him to know his insufficiency or lack of distresse And thereupon to send a second Warrant absolutely to do it 9. Where any of the Presidents in the Clarks Cabinet do differ from the things we have laid down in this Work our advice is that you do not follow them SECT 60. About Watch and Ward ANy one Justice of Peace may cause Watches to be set from Sun to Sun between Aseension and Michaelmas-day But it is handsome to do this by two or more Justices of the Peace at a Meeting of Justices And if neglect be found in them that Watch or look to the Watch one Justice alone may punish it perhaps by binding to the good Behaviour or Good Behaviour which is more safe he may cause him to be Indicted at the Sessions for it SECT 61. About Weights and Measures AS to him that shall buy or sell by or keep any other Weight or Measure whereby any thing is bought or sold then according to the Standard of the Exchequer In this case any one Justice of Peace may upon the proof hereof by the oath of one witnesse convict him and then may send his Warrant to the Church-Wardens and Overseers of the place where c. or one of them to give them notice hereof who by their Offices are to levy of him 5 s. to the use of the Poor of the place where c. by distresse and sale of goods rendring c. And if there be no distresse the Act is to send the offender to Goal till he pay the Forseiture But it
Presentment taken before a Steward of a Leet shal be sent to the Justices in Horses their Sessions And then that they shall proceed to hear and determine it as if it were taken by themselves So 32 H. 8. 13. of Horses 1 Ed. 4. 21. of Sheriffs Sherifts 5. Another is to this purpose That the Justices of the Peace shall examine hear and determine the defaults of c. and punish the offenders by imprisonment according to their discretion So 28 H. 8. 14. of Wines Wines 6. Others are with reference to other Statutes c. That they shall have like power to punish these offences as they have to â—unish the offences against another Statute or another clause of the same Statute So 3 H. 7 7. 17 Ed. 4. 4. May 10. 1650. 7. Others are with reference to other offences to this purpose That the offender shall suffer or be punished in this case the Justices of the peace as other Felons or other Felonies are punished by the Law So 39 Eliz. 17. 8 Eliz. 3. 2 and 3 Ph. and M. 4. 21 H. 8. 7. 1 Iac. 31. 8. Another is to this purpose That these Offences shall be diligently enquired of and presented before them in their Ordinary Quarter-Sessions And that Drunkennesse thereupon there shall be such due proceeding as in such like cases upon an Indictment or Presentment is used by the Laws c. So 4 Iac. 5. of Drunkennesse 9. Another to this purpose That the Justices of the Peace shall enquire thereof and determine the same as well by examination as by presentment So Coroners 1. H. 8. 7. of Coroners 10. Others thus That the Justices of the peace shall enquire thereof at their Quarter-Sessions and assesse such Fines upon the Offenders as they shall High-wayes think meet So 2 and 3 Ph. and M. 8. and 5 Eâ—â—z 13. of High-wayes 11. Another thus That the Justices of the Peace in their Sessions shall enquire as well by their office as by the Information of others of all Trespasses Misprisions and defaults made against Fiâ—â— any of the points of this Statute and cause them that be thereof Indicted to come before them and if they be thereof convict they shall have Imprisonment and make Fine according to the discretion of the same Justices So 17 R. 2. of Fish 12. Another thus That the Justices of the Peace shall have power to enquire hear and determine of all the defaults c. by presentment had before Coroners them at their Sessions without any more words So 12 Ed. 4 9. of Coroners 13. Another to this purpose That the Justices of the Peace shall enquire by the Oath of 12 men as also by information of any of the Kings Subjects and make such like processe upon every Sheep presentment and Information as they use to do upon every Presentment of Trespasse before them So 25 H. 8. 13. Of Sheep 14 Others to this purpose That the â—ustices of the Peace shall enquire or shall enquire by Jewry of all the offences within the Statute without Forcible-Entry Horses more words So 8 H. 6. 9. of Forcible Entry 1 Ed. 6. 5. Of Horses 15. Another to this purpose that the Justices of the Peace in their Sessions shall charge them that appear before them duly to enquiâ—e and put in execution the effect of the premises in due time so that this Act may be fully executed Crows So 24 H. 8. 10. of Crows 16. Another thus That the Justices of the Peace shall have power to enquire of the said defaults as well at the suit of the King as of the parties So 8 H. Yarn 6. 5. of Yarn 17. Another thus That the Justices of the Peace in their Sessions shall enquiâ—e by the oath of twelve men of these offences And that their presentment shall be of the same force as Wines theirs in the Kings Bench are And the Forfeitures found by the Verdict aforesaid shall be divided c. so 7 Ed. 6. 5. of Wines 18. Another to this purpose That the Justices of the Peace at their Quarter-Sessions shall have power to indict and try the Offenders by the usual course of Indictments and Tryalls in like cases And after such Conviction Log-wood to adjâ—dge the Oâ—â—ender to be set openly on the Pillory So 39 Eliz. 11. about Log-wood 19. Another to this purpose That the Justices of the peace in their Sessions shall call before them any suspected persons and to their discretion examine them in the Premises and if they find any default in them then that they be committed to prison till they find Sureties to pay the Forfeitures set down c. So 19. H. 7. 11. of Deer Deer 20. Another thus That he that shall so offend shall be grievously punished according to the Justices of the Peace's discretion And that they shall judge the offender to the same bodily punishment as the Offence requireth Labourers and shall do execution thereof So in 13 R. 2. 8. Of Labourers 21. Another thus That the Justices of the Peace shall set down such Fines and Penalties upon the Offenders against that Law as the most part of them in their Quarter-Sessions shall think fit c. So in 7 Iac. 4. 22. Another thus That for the offence the offender shall suffer such further penalty as by the more part of the Justices shall be thought fit not exceeding 40 s. for every offence So in 7 Iac. 4. 23. Another to this purpose Upon Hawks Eggs. pain of 10 l. the one half thereof to the party that will sue for the same by Action of debt by Examination before the Justices of the Peace Information or otherwise and the other half to the King So in 11 H. 7. 17. of Hawks eggs SECT 3. THere are another sort of them that seem to give power to the Justices to do something within or without or within and without the Sessions incertainly As for Examples 1. One of them is penned to this purpose That the Justices shall enquire Pheasants hear and determine all offences against that Law And in case it be not so punished That any one Justice may at his discretion examine all persons suspect to offend and bind them over So 23 Eliz. 10. of Pheasants 2. Another thus That the Justices of the Peace shall enquire of all the Tanners premisses in their Sessions and hear oâ— in the disjunctive determine the same And also by their discretion examine all persons suspected to offend against that Law So 1 Iac. 22. Of Tanners 3. Another thus That the Justices Tilâ—â— of the Peace shall enquire hear and determine by their discretion as well by Examination or otherwise of the offences c. And if it appear to them by Examination or otherwise by their discretion that any person hath offended against that Law that then they shall assesse no lesse Fine c. for every offence So 17 Ed.
of the Exercise 6 April 1644 and 17 Sept. 1656. of the Exercise 1 Car. 1. 6 April 1644 of the Lords Day and 17 Septemb. 1656 of them that live at high Rates Whether in these cases the Justice of Peace may safely send his Warrant to commit the offender Or what may be done by him upon such a Law Answ This Case may be a little doubtfull But we conceive that it will be intended as that which is necessarily understood that the Justice of Peace may make such a warrant and Justify it And this is the opinion of some Learned men But otherwise we conceive that the Justices of the Peace in their Quarter-Sessions cannot supply it but in cases where they have a generall power of Oâ—er and Terminer of the offence by the same Law And there it must be also in the ordinary way way of proceeding by Inditement c. Quest 25. Where a Statute c. is that for lack of distresse the offender by warrant from a Justice of Peace shall be whipt c. without more words as it is in 28 June 1650. about Swearing Whether the Justice may in this case make his Warrant to do this Answ It seems Yea. And so Iso where the Act is penned thus Upon pain of c. To be levied by warrant from a Justice of Peace c. as it is in the Act of Excise Septemb. 1656. Quest 26. Where a Statute c. is penned thus That upon proof or Oath or confession of the offence before a Justice of Peace without more words such a punishment shall be inflicted or such a thing shall be done As it is in Act 14 August 1649. of the Excise Titles of Honour Stage-Playes Swearing Lords day Excise 4 Febr. 1651. of Titles of Honour Act 1656. of Excise 12 Febr. 1647. of Stage-playeâ— Act 1650. of Swearing 3 Car. 1. of the Lords-Day Whether these words do give power to the Justice to take the Conviction Answ We conceive Yea. And so also where the Statute c. is penned to this purpose that unlesse such a thing be done before a Justice of Peace that such a punishment shall not be inflicted That by this the Justice hath power in the thing as it is in 27 Eliz. 13. about the Oath to be taken by him that is robbed And it seems in all cases regalarly where a thing is directed to be done before a Justice of Peace in case of Conviction of an offender That by this there is implicitely given to the Justice a power to do that thing See Ca. 2. Just 689. Quest 27. Where a Statute c. is thus penned That after an offender is convicted before a Justice of Peace the power is given to some others to levy the penalty and the Justice of Peace hath no power given to him therein As it is in 43 Eliz. 2. of Poor and 3 of Souldiers and Maâ—iners Poor Souldiers and Mariners and 1 Iac. 9 of Ale-house-keepers Whether in this case the Justice of Peace may safely send any Warrant to do it Answ In this case we conceive it not safe for the Justice of Peace to give any Warrant in it And that he hath no more to do but to give notice of the Conviction onely to the person that is to do the Eâ—â—cution and mind him of his duty therein And yet some also are of another opinion in this point Quest 28. Where the words of a Statute c. are That the Justice of the Peace shall cause an ossender to be imprisoned or the like thing to be done As it is in 14 August 1649. of Excise 24 H. 8. 10. of Ctows What the Justice of Peace may do herein Answ We conceive that by this word Cause is given a command and Authority also to do the thing And that the Justice may thereupon send his Warrant to the officer oâ— some other that will undertake it to authorize him to do it Quest 29. Where a Statute c. besides a generall power of Oyer and Terminer of an offence doth give to the Justices a speciall power to give such Correction to the offender as they shall think meet As it is in 5 Eliz. 4. about Masters and Servants What the Masters Servants the Justices may do upon this Answ We cannot conceive what power is given hereby except it be that two Justices of the Peace may out of Sessions where they see cause bind the Master to the good behaviour and send the Servant to Bridewell which is not but with good advice to be done Quest 30. Where a Statute c. besides a generall power of Oyer and Terminer of an offence given to the Justices doth add this Clanse That they may dâ—vâ—de themselves and by all means according to their discretion make enquiry upon the Statute and the execution thereoâ— and punish the defaults As it is in 5 Eliz. 4 of Masters and Servants What the Justices Masters Servants may do by these Additional words Answ We conceive nothing at all except it be to keep a speciall Sessions which upon the matter is all one with the generall Sessions for the Conviction and punishment of the offender Quest 31. Where the Statute c. as to the Conviction of an offender is penned thus That every person offending therein and confessing the same or being thereof Convicted by Verdict upon Indictment or Presentment As it is in Act 10 May. 1650 of Fornication Fornication How this Confession shall be taken Answ By this Confession in this Act we do conceive is clearly intended a Confession upon an Indictment or Presentment onely And not a Confession also before any Justice oâ— Justices of the Peace in or out of a Sessions without an Indictment or Presentment Quest 32. Where a Statute c. is thus penned That they that shall so offend shall sorselt such further pains and penalties as by the Justices of the Peace or the more part of them shall be thought sit not exceeding 40 s. a piece for every offence As it is in 7 Iac. 4. of Bridewell without any further addition of Words of power to convict or punish How this shall be taken And what the Justices may do upon it Answ This Statute is herein very doubtfull and yet haply some use thereof in order to the punishment of the offender may be made by the Justices of the Peace Quest 33. Where a Statute c. giveth to a Justice of Peace power in case of an oftence to examine the matter And it he suspect the party to bind him and the Witnesses over to the Sessions or if he refuse to be bound to send him to the Goal as in 39 Eliz. 11. of Log-wood and 23 Eliz. 10. of High-wayes Logwood Highâ—ayes How this shall be taken and what the Justice of Peace may do upon it Answ We conceive in this case he may safely pursue the words of the Statute See for this 33 H. 8. 6. and Coo. 5. 72. Quest
34 Whether the Clause in the now Law touching the Lords Day Lords-Day 17 Septemb. 1656. that forbids any man to be questioned for any offence within that Law do not as to this reach to all the former Lawes for so many of the offences therein mentioned that are again named by this Act Answ We conceive that it doth so For the words are these That no person shall be impeached or molested for any oftence within this Act unlesse he be thereof convicted within one Moneth after the offence committed Quest 35. That where in part of Wines the Statute of 7 Ed. 6 5. of Wines It is said That men may sell Wine by Retail in a Market-Town by License of the Justices of the Peace And in another part thereof it is said That no person shall by retail sell any Wine in his house to be drunk or spent in his own house or other place in his occupation c. How these words shall be understood Answ We take the meaning hereof to be That none may sell Wine by Retail in his own house by the License of the Justices of the Peace Nor at all may he sell or utter to others of other houses in such a Town but he must be first Licensed by the Justices of the Peace Quest 36. Where the Act of 17 Septemb. 1656. of the Lords Day doth give power to the Justices of the Peace to make a Warrant under their hands and Seals to Constables Church Wardens and Overseers of the Poor to search for discover secure apprehend and bring before some Justice of the Peace all such as they shall find prophaning the Day or shall know or be informed Lords-Day to have prophaned the day in any of the particulars in the Act mentioned Or shall have just cause to suspect for the same How this Warrant may be Warrant made Answ We do conceive in this Case That the Justice of Peace may make such a Warrant and strictly pursue the words of the Statute and justify the same And yet we conceive an unhappy use may he made thereof by the Officer And the rather for that the Officer may forth with carry the supposed offender to the Justice unlesse he will pay the penalty of the Statute And if so then must he be punished before he is convicted Therefore it is good to be well advised in it Quest 37. Where a power is by an Act c. given to the Justices of Peace and it is not said in any Sessions to examine a matter and so to make an order in it As it is in 18 Eliz. 3. about provision for a Bastard child And Bastard Oath it is not said it shall be by Oath Whether this Examination may be by Oath Answ The common practise is so to do And we conceive in this case it may be done with or without an Oath and the order will be well grounded by the one or by the other way But it is good to be well advised herein Quest 38. Where the Justice of Peace hath power to convict an offender out of the Sessions upon View Confession or Oath of Witnesse and he doth so and the offender be to go to Goal upon this Conviction Whether in this Case it be needfull for the Justice to make a Record of this in Writing Answ We conceive it is the safest way for the Justice of Peace so to do And yet perhaps it may not be necessary but in cases where the Laws do especially enjoyn it As in the Acts of Swearing a Ryot and some Others Quest 39. Whether it be of necessity in case where an oftender is to be convicted by Oath of Witnesses that he be present and to hear his Defence Answ We conceive it the safest and best way so to do Quest 40. Whether a Justice of Peace may bind to the Good-Behaviour Bastard Good-Behaviour the Putative Father of a Bastard-Child to th end he may be forth-comming when he shall be brought in question by the Parish to secure it Answ We conceive Yea. But it must be by the ordinary way of binding to the Good Behaviour for Incontinency and cannot be otherwise And yet somewhat may be said against this Quest 41. What power the Justices of the Peace have in or out of the Constables Sessions of the Peace to make or to remove High Constables of Hundreds or Constables of Parishes Answ Custome seemeth now to Warrant this course And there is a necessity of it where Lects are gone or not duly kept or where insufficient men are chosen therein And how this may be otherwise supplyed except it may be in the Sheriffs Turn we understand not And yet we conceive that where the Leets do continue and they do continue to elect the Justices of the Peace are not to meddle with it at all But what they do in the making or removall of these Offices it is safe for them to do it in the Quarter-Sessions Quest 42. Whether the Swearer be not to pay for many Oaths sworn Swearing at one time so many times the penalty of the Statute as he sweareth Oaths Answ We conceive not And yet perhaps if the Oaths be sworn in the hearing of a Justice of Peace Hunting â—here he must pay for every Oath the penalty of the Statute Otherwise he is first to be convicted of his Oath once sworn before he pay the increase of the penalty Quest 43. Whether hunting in 2 Coniger that is not a Free Warren be within the Statute of 3 H. 7. 7. Answ We conceive Not. For the Statute speaketh onely of Hunting in a Park Forrest or Warren FINIS The Table A. ABjuration See Recusants Account See Officers Highwayes Church-wardens Poor Agnus Dâ—i See Recusants Ale-house and Ale-house-keepers See Inne-keepers Amercements See Bayliffs Apprentice See Master and Servant Archery See Sports Armed men and Armed Chap. 3. Sect 1. Arrest See Imprisonment Artisicers and Arts. See Trades Assessment See Rates Assise of Bread and Beer See Brewer Baker B. BAdger Drover Lader Kidder Carrier or Transportr of Corn or Cattel Chap. 4. Numb 1. Bayliff See Sheriff and in Chap. 4. Numb 3. Baile or Bailement Chap. 3. Sect. 2. 16. Numb 9. Hakers Chap. 4. Numb 2. Bargain and Sale Chap. 3. Sect. 3. Bark Chap. 4. Numb 4. Barretors See Behaviour Bastardy see Incontinency Bawd See Incontinency Beer See Ale-house Beggar See Rogue Behaviour and Surety of the Good Behaviour Chap. 3. Sect. 4. 6. 8. 9. 27. 41. 42. Numb 4. Sect. 53. 46. Chap. 7. Sect. 6. Numb 40. Bind over Chap. 3. Sect. 5. 7. 8. 9. 10. 16. Numb 1. 7. 25. Blasphemy Chap. 3. Numb 6. Chap. 4. Numb 5. Chap. 7. Sect. 2. 3. 4. 5. Sect. 6. Numb 24. Books Popish See Recusant Bowes See Sports Brewer Chap. 4. Numb 2. Bride-well See Correction-house Bridewell-Master See Officers Bridges See High-wayes Butchers Chap. 4. Numb 6. Butter and Cheese Chap. 4. Numb 7 62. Butts See Playes C. CAlves Chap.
Robbery Sect. 47. of this Chapter 6. For the Rates of Poor see Poor Of Churches see Churches 7. For the Rate to carry a Prisoner to Goal and what the Justices may do therein out of Sessions see it in Goal Sect. 20. of this Chapter 8. For the Plague see Plague Sect. 41. of this Chapter SECT 40. About the Posse-Comitatus ANy one Justice of Peace if he have cause as to keep the Peace suppresse a Riot take a Felon or the like may raise command and use all the power of the County and every man required by him is to obey him herein or may be punished by the Sessions for his neglect or contempt of his authority herein SECT 44. About Recognisances 1. ANy one Justice of Peace may take a Recognisance for the Peace or good Behaviour or for a mans appearing at the Assizes or at the Sessions to prosecute or give evidence to bayl a prisoner where he is baylable or the like And this by the Common-Law 2. Any one Justice may take a Recognisance upon divers Statutes as of such as keep or use houses of unlawfull games that they shall do so no more Of such as are suspect to use Logwood and of their witnesses of such as take Partridges and Hawkers in corn to appear at Sessions of such as are convict for taking or killing of Pheasants and Partridges to do so no more of the Master that shall abuse his Apprentice that he appear at Sessions of him that is robbed that intends to be relieved against the Hundred Upon 27 Eliz. and some others 3. There must be 2 Justices of the Peace one of them of the Quorum to take Recognisances of Ale house-keepers to baile a Prisoner baylable for Felony And so in other cases where the Statute doth say there must be 2. Justices 4. Every Justice is to see to it that the Recognisances taken by himself or by himself another or other Justices that they be especially if they be for the bayling of Felons returned into the next Assizes or Sessions as the case is before the Judges or Justices there to be proceeded upon there SECT 45. About Recusants AS to this sort of people these things are to be known 1. If any Jesuit or Priest be made Jesuit Priest known to him he must acquaint one of the Privy-Council with it within 28 dayes under pain of 200 Marks Upon 27 Eliz. 2. 2. If any Agnus Dei be discovered to Agnus Dei. him he must acquaint one of the Privy-Council with it within 14 dayes Upon 13 Eliz. 2. 3. One Justice may require a Popish Recusant within three moneths after his Conviction to submit and declare his conformity to the Lawes of Recusants And in case he do not so he may if it he not a Feme Cevert require him to abjure the Realm But the Abjuration must be in the Quarter-Sessions Abjuration 35 Eliz. 1. 21 Iac. 28. So one Justice may within 3. dayes after Masse said take Information of it Upon Masse 3 Iac. 5. So he may require a Popish Recusant above 16 years old who shall travaâ—l above five miles from his dwelling Travail without License if he have lesse then 20 Marks a year or 40 l. in goods to conform Upon 35 Eliz. 2. So to send to Goal without Bail a suspected Jesuit or Priest that being brought before him upon a suspition refuseth to answer directly whether he be a Popish Priest or Jesuit Upon 35 Eliz. 2. 4. There must be two Justices of Peace to give an Oath to a Recusant Oath licensed by them two and two other Justices to travailâ— Upon 3 Iac. 5. and 35 Eliz. 2. So to search the houses of such men who or whose Wives are suspect Papists for Popish Books and Books Popish Reliques and to burn them or if they be of value to deface and restore them Upon 3 Iac. 4. So to take the submission of one that hath been Reconciled to the Church who within six dayes after his Return shall tender it to them Upon 3 Iac. 4. So to take the Abjuration of a Popish Recusant By 35 Eliz. 2. So to require a Popish Recusant above 16 years old which shall travail above five Miles from his dwelling without license if he have lesse then twenty Marks Free-hold by the year or fourty pound in goods to conform in three moneths or else abjure and to certifie it to the Assizes Upon 35 Eliz. 2. So if being 16 years and have not 20 marks a year c. and to travail and required by one Justice of Peace to conform within three moneths then to require him to abjure and to certifie the Abjuration Abjure to the next Assizes Upon 35 Eliz 2. And there must be two and one of them of the Quorum to send to prison a woman Covert Recusant not conforming in three moneths unlesse her husband will pay ten pound a moneth or the thirds of his Lands On 7 Iac. 6. 5. Any two Justices of the Peace may send for any person above 16 years old that they suspect to be a Papist and cause him to be bound by Recognizance to appear at the next Sessions to take the Oath of Abjuration And upon his refusall commit him to safe custody without bayl till the next Quarter-Sessions And if he come not upon this to the Sessions they are to present him to the Sessions as suspitious or they sorfeit 20 l. Act. 17 Septemb. 1656. 6. Two or more of them of every Division must send their Warrant four times in the year once a Quarter and 28 dayes at least before the Quarter-Sessions to the Constables and Church-Wardens of the Parishes within their limits to require them at some time and place 14 dayes before the Quarter-Sessions to present upon their Oaths to them the Names Sirnames Additions and places of abode of all such of 16 years old or upwards as are suspect to be Papists or Popishly affected And then taking their Oath to the Presentment shall by their Warrant to the Constable require him to summon such persons presented either by delivering a Note in writing or leaving it at his house or usuall place of abode to appear in person at the next Quarter-Sessions when and where they shall deliver in the same Presentment openly in the Court to be Recorded Act. 17. Septemb 1656. SECT 46. About a Riot Rout and unlawfull Assembly AS to Ryots Routs and unlawfull Assemblies In these Cases any one Justice of Peace upon complaint to him made or notice to him given thereof if it continue he must if he be able go to the place and view it And there he must first of all quiet it and remove the Force For the doing whereof he may if he see cause raise the power of the County to assist him And if he find the Ryotors at the place he is to disarm them send them to Prison and Good Behaviour bind them to the good behaviour And if the
Justice cannot go himself to the place he may command his servants or others to go to the place to suppresse it and bring the Riotors before him to find the Sureties for the good behaviour or if they refuse so to do send them to Goal But if the Riot be past Then the Justice is to call in to his help another Justice and let one of them be of the Quorum and by a speciall Sessions called and commanded by the Warrant to the Sherists to bring a Jewry before them and to charge this Jewry to enquire of the Oftence And if the Jewry find the Offenders guilty the Justices are to record it fine them and send them to Goal till they pay their Fine upon 1 H. 5. 4. 13 H. 4. 7. 19 H. 7. 13. See in chap. 3. sect 4. SECT 47. About a Robbery AS to Robberies where the Hundred is chargeable for the Money taken away And where default is found in the prosecution of the Felon by another hundred and the one half of the Money is recoverable upon that hundred by the party robbed in the name of the Clark of the Peace of the County by 13 Ed. 1. 2. and 28 Ed. 3. 11. And for an equall distribution in both these Cases any two Justices of Peace one of them of the Quorum living in or near to the place may set the Rate upon the Towns of the Hundreds And after the Constables of the Towns and Parishes have distributed and set it and Rate levied it by distresse and sale of goods which they are to do by their Offices without Warrant from any other And therefore we would not advise you to use for this the Warrant in the Clark's Cabbinet chap. 16. Numb 1. And then they are to deliver the same money to one of the same Justices of Peace And this money the Justice that receiveth it is to see paid to them for whose use it was raised Upon 27 Eliz. 13. SECT 48. About Rogues Vagabonds and Idle persons AS to all these kind of persons these things are to be known 1. That as for idle loose and dissolute persons which wander from their Idle persons usuall place of living and abode and can give no good reason for their travell to satisfy a Justice of Peace albeit they do not beg Fidlers and Minstrells that shall be playing or oftering or desiring Fidlers to play in any Inne Ale-house or Victualling house albeit they do not beg Souldiers and Mariners that have Pensions and yet beg or shall counterfeit a Certificate Counterfeit Egyptians Beggars or others described to be Rogues Egyptians within 43 Eliz. 3. 39 Eliz. 4. 17. 1 Iac. 7. 7. Septemb. 1656. that shall be taken and found begging wandring and misordring themselves In this case any one Justice of Peace upon his â—wn sight hereof may cause such persons to be whipt and send to their place of birth c. with a Testimoniall of their Correction â—imitting the place to which and the time wherein they are to go thither upon 39 Eliz. 4. 1 Jac. 7. But if this Offender be brought to a Justice we do not conceive it needfull the Justice should order this Correction For the Officers may and ought to do it of their accord without the Justice of Peace's Warrant 2. Any one Justice of Peace may secure an incorrigible Rogue that is Incorrigible Rogues one that is dangerous to the inferiour sort of people and will not be reformed of his Roguish life one that is able to work and doth run away from his Family and leave it upon the charge of the Parish Upon 7 Iac. 4. till two Justices can send him to the Goal or Bride-well upon 39 Eliz. 4. 3. There must be two Justices of the Peace and one of them of the Quorum that by the words of 39 of Eliz. 4. are by warrant under their hands and seals upon the Confession of the offence by the party or proof thereof by two witnesses to give power to levy by distresse and sale of goods the forfeirures within the Statute viz. the 5 s. upon the Minister for not keeping a Register-book the 10 s. upon the Constable for his neglect in the Apprehension and punishment of Rogues the 20 s. upon him for his not punishment and not safe convey of a Rogue brought to him by another the 10 s. of him that doth not apprehend a Rogue begging at his house or that doth bring a Rouge out of Ireland hither So also upon the like Conviction to levy by distresse and sale of goods and bind to the good Behaviour such as disturb the execution of the Statute of 39 Eliz. As Officers that shall send a Rogue by a generall Pasport or that shall refuse to receive a Rogue when he is brought to them or that shall shift him away or that shall not bring him to the next Parish Or other persons that are not Officers that shall shift away or Rescue a Rogue or as hinder the settlement of a Rogue or that when he is duly setled in any place shall remove him without Authority But herein we must give notice to the Justice of Peace that this Statute is doubtfully penned as to the manner of Caution to the Justices Conviction For the words are That if the Offence shall be confessed by the Offender or that the same shall be proved by two sufficient and lawfull Witnesses And doth not say what proof it shall be nor give power to the two Justices to take the Conviction by such proof And therefore it is not as we conceive safe for the two Justices out of Sessions to do it And yet it is more clear that the Justices may do it upon the Confession of the Offender But truly it is best to do it in the Sessions and not safe to do it otherwise Nor safe to follow our Presidents in the 18. chap. of the Clarks Cabinet See chap. 7. Sect. 6. Numb 19. 4. There must be two Justices of the Peace and one of them of the Quorum to send to the house of Correction or Goal of the County till the next Quarter-Sessions an incorrigible Rogue Incorrigible Rogues Caution upon 39 Eliz. 4. And yet here we conceive the Justice must see him to be such a one and he must be before him for he hath no means to convict him hereof or otherwise we know not how he shall justify it 5. There must be two Justices of the Peace and one of them of the Quorum to appoint a privy Sessions and to send their Warrant to the Constables and to command a privy search three or four dayes before the meeting and to apprehend and bring before them all such suspitious persons as in their search they shall find out and to command all the Constables of Hundreds to be then there and the Constables of Parishes upon Oath to present under the Ministers hand what Rogues they have taken punished and sent away And to set a