shall be troublesome unto the Country by going abroad or otherwise shall escape away from the said house of Correction before they shall be from thence lawfully delivered that then the said Iustices shall set down such Fines and Penalties upon the said Master and Governors as the most part of them in their Quarter Sessions shall think fit and convenient C. 6. § 6. N. 1. All and every Temporal Iudge Iustices of Peace Oath and every other person c. that doth or shall receive any Fee of your Highness your Heirs and Successors viz. shall take the Oath of Allegiance before the Lord Chancellor c. Lord Treasurer Lord Admiral Lord Warden of the five Ports for the time being or one of them or before one of the Chief Iustices c. or before the Iustices of Assize of the same County where the Parties reside or other such persons as the Lord Chancellor c. shall thereunto Authorize § 26. N. 2. And viz. it shall be lawful to and for any two Iustices of Peace within any County City or Town-Corporate whereof one to be of the Quorum Justices to require any person or persons of the Age of eighteen years or above under the degree of a Baron or Baroness to take the said Oath § 26. N. 4. And if any person or persons whatsoever of and above the said Age Pope and under the said Degree c. shall stand and be presented indicted or convicted for not coming to Church or receiving the Holy Communion c. according to the Laws and Statutes of this Realm before the Ordinary or any other having lawful Power to take such Presentment or Indictment or if the Minister Pety-Constable and Church-Wardens or any two of them shall at any time hereafter complain to any Iustice of Peace near adjoyning to the Place where any person complained of shall dwell and the said Iustice shall find cause of Suspition that then any one Iustice of Peace within whose Commission or Power such person shall at any time hereafter be or to whom Complaint shall be made as aforesaid shall upon notice thereof require such person or persons to take the said Oath Imprisonment And that if any person or persons being of the Age of eighteen years or above § 26. N. 5. shall refuse to take the said Oath duly tendered to him or her according to the true intent and meaning of this Statute that then the persons authorized by this Law to give the said Oath shall and may commit the said Offender to the Common Goal there to remain without Bail or Mainprize until the next Assizes or general Quarter Sessions to be holden for the said Shire Division Limit or Liberty where the said Oath shall be again in the said open Sessions required of such person by the said Iustices of Assize or Iustices of the Peace then and there present or the greater number of them Oath And if the said person § 26. N. 6. c. shall refuse to take the Oath being tendered to him or her by the said Iustices of Assize and Goal-delivery in their own Assizes or Goal-delivery or the Iustices of Peace or the greater part of them in their general or Quarter Sessions every person so refusing shall incur the Danger and Penalty of Premunire mentioned in a Statute c. viz. 16 Rich. 2. Cap. 5. § 2. N. 6. except Women Covert who shall be committed only to Prison there to remain without Bail or Mainprize till they will take the said Oath Drapery For the preventing and reformation c. viz. of Deceits C. 7. § 2. N. 1. c. be it Enacted c. that all c. who shall unjustly falsely or deceitfully convey away imbezil purloyn sell or detain any part of the Wool or Yarn delivered by any Clothier Maker of Bays Says or by any other person c. making such Cloths or Stuffs to any such Sorter Carder Kember Spinster or Weaver of Wool or Yarn that in every such Case and Cases as well the Sorter Carder Kember Spinster and Weaver so offending as the Buyer c. Receiver c. of the same knowing the same being thereof lawfully convicted by Confession of the Party c. so offending or by one sufficient Witness upon Oath before two or more of the Kings Majesties Iustices of the Peace of the same County or Liberty where the same Offence c. shall be committed or if it be within a Town-Corporate before the Mayor Bayliff or Chief-Officer and one more of the Aldermen or most substantial persons of the said Town Justices Who shall by force of this Act have full Power and Authority to minister the same Oath § 2. N. 2. and finally to hear and determine all and every the Offences aforesaid Damages Shall give and make to the Party c. grieved § 2. N. 3. such recompence and satisfaction for such their damage and loss as by the said Iustices or Chief-Officers shall be ordered and appointed Fowl For the preventing c. viz. of Destruction of Corn C. 11 § 2. N. 1. Partridge and Phesants c. be it Enacted c. that all c. which c. doth or shall hawk or destroy or kill any Phesant c. or Partridges with any kind of Hawk c. or Dogs by colour of hawking between the first day of July and the last day of August and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of two sufficient Witnesses upon Oath before two or more Iustices of Peace of the said County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the Offence shall be committed or the Parties apprehended Days Provided that no Offenders shall be impeached or punished by vertue of this Act § 4. N. 1. unless he or they be accused as delinquent before the said Iustices of Peace within six Months next after the said Offence c. committed or done Imprisonment Be it therefore further Enacted c. that all c. which c. shall take § 8. N. 1. kill or destroy any Phesant or Partridge with setting Dogs and Nets or otherwise with any manner of Nets Snares or Engines and the same Offence or Offences being proved by the Confession of the Party or by the Testimony of one sufficient Witness upon Oath before two or more Iustices of the Peace of the same County City or Town-Corporate wherein the Offence shall be committed or the Party offending apprehended shall be by the said Iustices of the Peace for every such Offence committed to the Common-Goal of the said County City or Town-Corporate where the said Offence shall be committed or the Party apprehended § 8.
2. c. That it shall and may be Lawful to and for any Iustice of the Peace of any County City Town or Liberty within c. viz. England Wales or Berwick by Warrant under his Hand and Seal to require the Sheriff Goaler or Kéeper of any Prison within his respective Iurisdiction to bring without delay the body of any Person being in Prison for Debt c. viz. on 14 April 1671. or Damages and petitioning such Iustice to be discharged to some Convenient place within the Distance of one mile from the said Prison N. 3. And shall certifie the Cause and Causes of the Imprisonment before the same Iustice Certificate § 2. N. 1. And in Case such Prisoner coming before such Iustice Oath shall take an Oath to this effect c. I A. B. upon my Corporal Oath solemnly profess and declare before Almighty God that I have not any Estate real or personal in Possession Reversion or Remainder of the value of Ten pounds in the whole or sufficient to pay the Debt or Damages for which I am Imprisoned N. 2. And that I have not directly or Indirectly sold leased Collusion or otherwise conveyed disposed of or entrusted all or any part of my Estate thereby to secure the same to receive or expect any profit or advantage thereof or defraud or deceive any Creditor or Creditors whatsoever to whom I stand Indebted § 3. N. 1. Then after the taking of such Oath Poor the said Iustice shall remand the Prisoner to Prison and shall give a Certificate thereof in Writing under his Hand and Seal to the same Prisoner to be served upon such Person c. his or her Executors or Administrators or to be left at the place of the usual abode of such Person c. at whose Suit the Prisoner standeth Charged and Imprisoned thereby appointing as well the said Person c. as the said Prisoner to appear before the Iustices at the next General Quarter-Sessions of the Peace to be holden for the same County City Town or Liberty N. 2. When if it shall appear upon Oath Execution which Oath the said Iustices are Impowered to Administer that the said Certificate was so served or left xl dayes or more before the said Sessions and that the said Oath taken by the said Prisoner be not disproved by good Testimony of any Credible Person c. upon Oath to be Administred by the said Iustices by vertue of this Act then the said Iustices being satisfied therewith shall direct their Warrant under their Hands and Seals commanding the said Sheriff Goaler or Kéeper of the Prison to set at Liberty and Discharge the said Prisoner if Imprisoned for the Causes aforesaid and no other without paying any thing for Fée or Chamber Rent N. 3. Which Warrant shall be a sufficient Discharge to the same Sheriff Escape Goaler or Kéeper of Prison and no Action of Escape or other Action shall be brought against them or any of them for the same in any wise § 4. N. 1. Provided also and be it Enacted c. That viz. after xl dayes Process and Oath not disproved then if such Creditor c. will not be satisfied therewith Poor that the said Prisoner c. may be set at Liberty or will Insist to have the said Prisoner continued in Goal that then the said Creditor c. shall at his and their own proper Costs and Charges allow and pay Wéekly a reasonable maintenance to the said Prisoner c. such as the said Commissioners of the Peace or any three of them in their respective Divisions shall order and appoint not exceeding xviii d. a-Week § 8. N. 1. Provided and be it Enacted c. That in Case any Sheriff Sheriff Goaler or Kéeper of Prison shall refuse or delay to bring or discharge or set at Liberty any Prisoner according to the Order of the Iustice or Iustices to be made in manner as aforesaid every such Sheriff c. shall forfeit and pay to such Prisoner detained contrary to such Order the Sum of One hundred pounds to be recovered by Action of Debt in any Court of Record and shall be also subject to any Fine and punishment as the said Iustices shall order or Award § 9. N. 5. Nor viz. Sheriffs Goalers or Keepers of Prisons c. shall not take nor receive any other or greater Sum c. viz. of Persons Arrested for Debt Fees for each Nights lodging or other Expenses then what is reasonable and fitting in such Cases or shall be so adjudged by the next Iustice of the Peace or at the next Quarter-Sessions § 10. N. 2. Nor shall demand take or receive of the said Person c. any other or greater Fée or Fées whatsoever for his her or their Commitment Imprisonment Release or Discharge or for his or their Chamber Rent then what is allowable by Law until the same shall be settled by thrée Iustices of the Peace whereof one to be of the Quorum of each particular County City and Town Corporate in their several Precincts and for the City of London and Counties of Middlesex and Surrey the two Lord Chief Iustices of the Kings-Bench and Common-Pleas and the Lord Chief Baron or any two of them and the Iustices of the Peace of the same in their several Iurisdictions Poor And likewise that the said Lord Chief Iustices Lord Chief Baron § 11. N. 1. and Iustices of Peace in their several Iurisdictions and all Commissioners for Charitable uses do their best endeavours and diligence to Examine and find out the several Legacies Gifts and Bequests bestowed and given for the benefit and advantage of the poor Prisoners for Debt in the several Goals and Prisons in this Kingdom and to send for any Deeds Wills Writings and Books of Accounts whatsoever and any Person c. concerned therein and to Examine them upon Oath and to make true discovery thereof which they have full Power and Authority hereby to do and the same so found out and ascertained to order and settle in some manner and way that the Prisoners hereafter may not be defrauded but receive the full benefit thereof according to the true Intent of the Donors Fees And that these Accounts of the several Legacies § 12. N. 1. Gifts and Bequests given and bestowed upon the several Prisoners for Debt within this Kingdom and the several Rates of Fées and the future Government of Prisons be signed and Confirmed by the Lord Chief Iustices and Lord Chief Baron or any two of them for the time being and the Iustices of the Peace in London Middlesex and Surrey and by the Iudges for the several Circuits and Iustices of Peace for the time being in their several Precincts and fairly written and hung up in a Table in every Goal and Prison before the first day of November 1671. and likewise be registred by each and every
there is such a President in the old Book of Justices of Peace Impress 1561 fol. 41. yea it is the common Practice at this day and it seemeth to be very serviceable and of two Evils the less is to be chosen scil that an Offender or suspected Person should be Imprisoned for a time though sometimes wrongfully than that one which hath committed a Felony should escape unpunished 5. Next Indictment For the Justices of Peace to bind one or to grant a Warrant against Offenders upon any penal Statute to appear at the Sessions to answer to their Offences or fault though such Statute be within the Power of the Justices of Peace yet such Warrant or binding over of such Offenders may seem not Warranted unless it be specially so appointed in the Statutes But such Offenders ought first to be Indicted and thereupon Process from the Sessions is to be Awarded against them untill they come in c. 6. And yet there be sundry Precedents of Attachments made from one Justice of Peace against Labourers c. but these may seem also to have been Warranted c. by 25 Ed. 3. 6. § 1. N. 1. which Statute is now repealed by 5 Eliz. 4. § 2. N. 1. Lambert 187. supra 7. Also it is usual by way of prevention to bind by Recognizance such as do Tramel for Larks that they shall destroy no Partridges As also to bind by Recognizance Butchers and all Victuallers that they shall not kill nor dress any Flesh in Lent time contrary to the Laws and for these purposes the Justices of Peace do grant out their Warrants to convent the said Persons before them for Victuallers viz. Taverners Inholders Alehouse-keepers Keepers of Ordinary Tables and other Victuallers I have known sundry Proclamations which seem to Warrant the Justices of Peace therein but for the other what Law or Warrant there be for it I know not untill the Offender be Convicted XXXIX Dalt 332. cap. 117. Officer The Officer to whom any Warrant shall be directed and delivered ought with all speed and secrecy to seek and find out the party and then to execute his said Warrant 2. And an Officer giveth sufficient notice what he is when he saith to the Party I Arrest you in the Kings Name c. and in such Case the Party at his Peril ought to obey him though he knoweth him not to be an Officer And if he have no lawful Warrant the Party grieved may have his Action of false Imprisonment against him XL. Dalt 333. cap. 117. Notice Where there be two or three known by the Name of J. S. of D. Yeoman and upon a Warrant or other Process granted out against one of them another of them is Arrested an Action of false Imprisonment will not lye against the Officer for this for the Officer is not bound at his Peril to take notice which of them is the Offender c. and perhaps no particular Offence is mentioned in the Warrant Yet see L. 5 Ed. 4. 51 84. pro contra 11 H. 4. 90. Crompt 174. supra ideo Quaere 2. Where a Warrant is granted out against J. N. the Son of W. N. and the Officer thereupon Arresteth J. N. the Son of T. N. although in truth he be the same Person that Offended and against whom the Complaint was made yet this Arrest is tortious and the Officer Subject to an Action 10 Ed. 4. 12. Faux Imprisonment Br. 38. 3. The Officer upon any Warrant from a Justice of Peace for the Peace or Good-behaviour or in any other Case where the King is a Party may by force break open a Mans house to Arrest the Offender c. XLI Dalt 334. cap. 117. Examination If a Justice of Peace shall grant his Warrant to one to apprehend another for Murder Robbery or Felony it shall be safe for the Justices upon delivery of the said Warrant to take upon Oath the Examination of the said Party that requireth the Warrant or at least to bind him over by Recognizance to give Evidence at the next Goal-delivery c. against the Offender lest that afterwards when the Offender shall be brought by the Officer before the Justice upon his said Warrant or else happen to yield himself to the said Justice then the Party that procured the Warrant be gone Lambert 210 211. Proof 1. 2. For by credible report I am informed that one having procured a Warrant from a Justce of Peace in Suffolk against another for Robbery done upon the Highway and the Justice upon the delivery of his Warrant not having bound over the Complainant to give Evidence nor taken his Examination c. that at the next Assizes and Goal-delivery the Party charged with the Robbery came and offered himself to the said Justice of Peace who immediately acquainted Sir Thomas Fleming then Lord Chief Justice and Judge of Assize there with the whole matter but the said Judge much blamed the said Justice of Peace for not having bound over the said Complainant at the first when be granted him the Warrant and charged the said Justice of Peace at his Peril presently to send for the Party Complainant to come to give Evidence c. and further directed the said Justice of Peace presently to bind over the Party charged with good Sureties for his Attendance and Appearance Dalt 352. cap. 121. Arrest XLII Dalt 335. cap. 118. If the Constable or other Officer upon a Warrant received from a Justice of Peace shall come unto the Party and require or charge or command him to go or come before the Justice c. this is no Arrest or Imprisonment and upon a Warrant for the Peace the Officer ought first to require the party to go before the Justice before he may Arrest him Lambert 93. supra Dignity 2. But the Justices of Peace are not to grant their Warrants for the Peace or the like against any Noble-man And yet if a Capias or Attachment shall be Awarded against a Baron or Peer of the Realm from the Kings Justices at Westminster for a Contempt Or in Case of Debt or Trespass the Officer without any offence of Law may execute the same for that the Officer is not to dispute the Authority of the Court. 3. Ecclesiastical Persons also may be Arrested and that by a Warrant from the Justices of Peace in some Cases Venire Fac. XLIII Dalt 405. cap. 132. The Venire Facias is thus Carolus Dei Gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensoris c. Vicecom ' Com. Cantabr ' salutem Precipimus tibi quod non omittas propter aliquam libertatem in Balliva tua quin Venire Facias A. B. de C. in dicto Com. tuo Yeoman Coram R. M. Milite M. D. Armiger ' duobus Justiciar ' nostris ad Pacem conservand ' nec non ad diversas Felonias Transgr alia Malefacta in dicto Com. perpetrata audiend '
be enacted by the said Authority § 1. N. 15. that by the discretion of the said Iustices and as they see need every of the said Master or Masters Principal or Principals Leader or Leaders and other the said Offenders so convict be bound to the Kings peace from thence forth in such Sums of mony as shall be considered by the said Iustices and the said Surety to stand by the discretion of the said Iustices Riot And if it be so § 1. N. 16. that if the said Riot and unlawful Assembly be commited with the number of forty persons or above or with less number than forty and that by discretion of the Iustices it be thought heinous that then if the said Master or Masters Principal or Principals Leader or Leaders that have appeared and so thereof be convict that then they remain in Prison unto the time that they have found sufficient Surety to appear before the King and his Council at a certain day by the said Iustices to be limited Records At the which day or afore § 1. N. 17. the Keeper of the Gaol Rolls of the said Records shall do to be sent under his Seal the said whole Record of the convictiton to the King our Sovereign Lord and his Council to the intent that his Highness and his Council may award such Imprisonment and Fines of the said Master or Masters Principal or Principals Leader or Leaders as by his Highness and his said Council shall be thought convenient Damages And if the Party Complainant § 1. N. 18. as is aforesaid cannot prove the matter of his said Bill to be true then he to pay reasonable costs and damages of the Partie vexed as shall be thought reasonable by the discretion of the same Iustices and they to make against the same Complainant not proving the matter of his said Bill to be true such Process against him for the said Costs and damages as is afore limited against the said Rioters convict of the said Riot for the payment of their said Fines Imprisonment And if the said Complainant or Complainants have not sufficient whereof to restore the party and parties so vexed and troubled in form aforesaid § 1. N. 19. that then he immediately be committed to the common Goal by the said Iustices there to remain the space and time as shall be thought by the said Iustices convenient and reasonable Continuance And that this Act indure but unto the next Parliament § 1. N. 20. 1 Mar. 1. St 2. Cap 12. and 19 H. 7. Cap. 13 § 1. N. 4 1 Eliz. Cap. 16. Sheriffs And over that the Iustices of Peace in the same Counties C. 15. § 1. N. 10. and every of them shall have Authority upon complaint made by the Party so unlawfully grieved viz. by several Plaints in Sheriffs Courts in names of Persons unknown or never summon'd c. to examine the said Sheriffs Vnder-Sheriffs or their Clerks and Plaintiffs Process And if the said Iustices of Peace or one of them find by their examination default in the said Sheriffs Vnder-Sheriffs § 1. N. 11. or their Clerks in entring of the said Plaints deceitfully for his or their advantage as is before rehearsed contrary to this present Act that then the said Sheriffs Vnder-Sheriffs and their Clerks shall be convict and attaint of the same offence without further inquiry or examination Justices And the said Iustices of Peace that so shall take the Examination §. 1 N. 13. shall certifie the same Examination within a quarter of a year into the Kings Exchequer upon pain of 40 s. Sheriffs And viz. The Bailiffs of Hundreds for default in Summons § 1. N. 16. c. to be attaint and convict thereof by the Examination of the Iustices of Peace or any of them as before is rehearsed § 1. N. 17. And that the same Sheriffs Vnder-Sheriffs Amercement their Clerks and their Deputies for the time being shall make no Estreats to levye the said Sheriffs Amerciaments until such time that two Iustices of Peace whereof one shall be of the Quorum have had the veiw and oversight of their Books § 1. N. 18. And that the Estreats be indented betwixt the said Iustices of Peace Records and the said Sheriffs and Vnder-Sheriffs and sealed with their Seals the one part to remain with the said Iustices and the other part with the said Sheriffs or Vnder-Sheriffs to the intent they may understand if any deceit be or untrue demeaning in them in making of their Books § 1. N. 19. And that these Persons which shall gather the same Amercements as Bailiffs or other Officers be sworn by the said Iustices Officer that they take no more mony than is forfeited and contained in the Estreats sealed with the Seals of the said Iustices of Peace upon the same pain of forfeiture as before is rehearsed viz. 40 s. thereof the same gatherers to be convict by Examination of the same Iustices of Peace or one of them as before is rehearsed § 1. N. 20. Provided alway that the said Iustices of Peace shall be appointed and named at the general Sessions after the Feast of St. Michael the Arch-Angel by him that is Custos Rotulorum of the said Counties Justices or else by the eldest of the Quorum in his absence to have the over-sight and controulment of the said Sheriffs Vnder-Sheriffs and their Clerks and other of the said Officers and of the said Sheriffs Amercements § 1. N. 21. And the said Iustices of Peace Informant upon Suggestion or Information of the Party so grieved shall make like Process as in action of Trespass against the said Sheriffs Vnder-Sheriffs or their Clerks and other the aforesaid Officers misdealing as before is rehearsed for to appear before them to answer to the said Suggestion or Information C. 17. § 2. N. 4. And that the Iustices of Peace have authority by this present Act to hear and determine such matters viz. Of taking Eggs Hawks Swans Fowl c. as well by Inquisition as Information and proofs § 2. N. 10. Viz. None to take Hawks in their Warren c. Vpon pain of ten pounds Forest one half to the Party that will sue for the same by Action of Debt by Examination before the Iustices of the Peace Information or otherwise c. 19 H. 7. Ca. 5. § 1. N. 6. And if the said Mayor Sheriffs Bailiffs Constables Mony or other chief Officer or Governor refuse to take any such Coyn viz. Having the print of the Kings Coyn in payment as it is above rehearsed that then he so refusing the said payment to be compelled by the Iustice of Peace of the same County where such payment shall be so refused to accept and take the said payment and he so refusing the same to be further punished for the said refusing by the
and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same that from and after the first day of April next coming no Iustice or Iustices of Peace shall let to Bail or Mainprize any such person or persons which for any Offence or Offences by them or any of them committed be declared not to be Replevised or Bailed or be forbidden to be replevised or Bailed by the Statute of Westminster 1 c. viz. 3 Ed. 1. Cap. 15. Coron And furthermore that any person or persons Arrested for Manslaughter or Felony § 3 N. 1 or Suspition of Manslaughter or Felony being Bailable by the Law shall not after the first day of April be let to Bail or Mainprize by any Iustices of Peace if it be not in open Sessions except it be by two Iustices of Peace at the least whereof one to be of the Quorum and the same Iustices to be present together at the time of the said Bailment or Mainprize § 3. N. 2. Which Bailment or Mainprize they shall certify in Writing Certificate subscribed or signed with their own Hands at the next general Goal-delivery to be holden within the County where the said person or persons shall be arrested or suspected § 4. N. 1. And that the said Iustices or one of them being of the Quorum Proof when any such Prisoner is brought before them for any Manslaughter or Felony before any Bailment or Mainprize shall take the Examination of the said Prisoner and Information of them that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to proove the Felony shall put in Writing before they make the same Bailment 2 3 Ph. Mar. Cap. 10. § 4. N. 2. Which said Examination together with the said Bailment Certificate the said Iustices shall certify at the next general Goal-delivery to be holden within the limits of their Commission 2 3 Ph. Mar. Cap. 10. § 1. N. 2. § 5. N. 1. And that every Coroner upon any Inquisition before him found whereby any person or persons shall be Indicted for Murder or Manslaughter Inquest or as Accessary or Accessaries to the same before the Murder or Manslaughter committed shall put in Writing the effect of the Evidence given to the Iury before him being material § 5. N. 2. And as well the said Iustices as the said Coroner Recognizance shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to proove the said Murder or Manslaughter Offences or Felonies or to be Accessary or Accessaries to the same as is aforesaid to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal thereof shall be then and there to give Evidence against the Party so Indicted at the time of his Tryal 2 3 Ph. Mar. Cap. 10. § 2. N. 4. § 5. N. 3. And shall certify as well the same Evidence Certificate as such Bond or Bonds in Writing as he shall take together with the Inquisition or Indictment before him taken and found at or before the time of his said Tryal thereof to be had or made 2 3 Ph. Mar. Cap. 10. § 2. N. 5. § 5. N. 4 And likewise the said Iustices shall certify all and every such Bond taken before them Bail in like manner as before is said of Bailment and Examination § 5. N. 5. And in Case any Iustice of Peace of Quorum or Coroner Justices shall after the first day of April offend in any thing contrary to the true intent and meaning of this present Act that then the Iustices of Goal-delivery of the Shire City Town or Place where such Offence shall happen to be committed upon due Proof thereof by Examination before them shall for every such Offence set such Fine on every of the same Iustices of Peace and Coroner as the same Iustices of Goal-delivery shall think meet and estreat the same as other Fines and Amercements assessed before Iustices of Goal-delivery ought to be § 6. N. 1. Provided always Coporation and be it further Enacted by the Authority aforesaid that Iustices of Peace and Coroners within the City of London and the County of Middlesex and in other Cities Boroughs and Towns-Corporate within this Realm and Wales shall within their several Iurisdictions have Authority to let to Bail Felons and Prisoners in such manner and form as they have been heretofore accustomed this Act or any thing therin contained to the contrary notwithstanding § 6. N. 2. And also shall take Examinations and Bonds as is aforesaid Proof upon every Bailment by them or any of them to be made § 6. N. 3. And shall certify every such Bailments Certificate Bonds and Examinations by them or any of them taken or made at the next Goal-delivery to be holden within the Shire City Borough or Town where their several Iurisdictions extendeth upon like Pain and Forfeiture as is before limited in this present Act. § 7. N. 1 And be it also Enacted Certirorari c. that no Writs of Habeas Corpus or Certiorari shall be hereafter granted to remove any Prisoner out of any Goal or to remove any Recognizance except the same Writs be signed with the proper hands of the Chief Iustices or in his absense one of the Iustices of the Court out of which the same Writs shall be awarded or made Officer Vpon Pain § 7. N. 2. that he that writeth any such Writs not being signed as is aforesaid to forfeit to our Soveraign Lord the King and the Queen for every such Writs five pounds Riot Be it therefore Enacted c. viz. because good and beneficial that all C. 16. N. 15. c the several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12. c. of Riots and all Clauses c. shall be revived c. until the last day of the next Parliament 2 3 Ph. Mar Cap. 21. § 10. N. 2. Husbandry The one half of which said Forfeitures viz. twenty shillings a month 2 3 Ph. Mar. Cap. 3. § 3 N. 2◠that one Cow is not kept for every threescore Shere-sheep and one Calf for every six score shall be to the use of c. the King and Queens Majesties and the other half to the use of the Party that within one year after the Offence committed will sue for the same in any c. Courts of Record or before the Iustices of Peace in the same Shire where any such Cause of Forfeiture shall be had at the general Sessions who by Authority of this Act shall have Power to hear and determine the said Offences by Bill Information Presentment Action of Debt or Detinue in which Action or Suit no
is committed for keeping of Ale-houses contrary to the Statute 5 6 Ed. 6. 25. § 4. N. 1. shall not be by Bail â—r Mainprise Cromp. 172. b. Recogn XXXIX Cromp. 196. § 6. The Justices of Peace shall take a Recognizance of such that have License to keep Alehouses to keep good rule and that they shall not use unlawful Games there 5 6 Ed. 6. 25. § 1. N. 4. Process XL. Cromp. 196. b. § 9. A Justice of Peace cannot award process upon Recognizances before they be forfeit as it seemeth by 3 H. 7. 1. § 1. N. 26. but must certifie it into the Chancery Kings Bench or Exchequer if it be not in Case where a Recognizance is forfeit for an Alehouse by 5 Ed. 6. 25. § 3. N. 2. whereupon he may award process as appeared by the said Statute Lamb. 516. supra Licence XLI Cromp. 198. b. two Justices of the Peace whereof one shall be of the Quorum may license one to keep a common Alehouse and take Recognizance of him with one surety to keep good rule and that he shall not suffer unlawful Games to be used there as to their discretion shall seem necessary and convenient 5 6 Ed. 6. 25. § 1. N. 4. Lamb. 431. infra 82. Proofe XLII Dalt 26. cap. 7. and not that the voluntary Confession before the Justice of Peace or other person authorized to minister the Oath of any Offender against any of the Statutes 1 Jac. 9. 4 Jac. 5. § 2. N. 1. shall suffice to convict the person so offending and after such confession the Oath of the party so confessing shall be taken and be sufficient proofe against any other offending at the same time 21 Jac. 7. Measures XLIII Dalt 26. cap. 7. If any Taverner keeping also an Inn or victualling in his House or any Inn-keeper Alehouse-keeper or Victualler shall at any time utter or sell within his House or without less than one full Ale-quart of the best Beer or Ale for 1 d. and of the small two quarts for 1 d. the said Offence being proved before any Justice of the Peace by one witness upon Oath then every such Taverner Inn-keeper c. shall forfeit for every such Offence 20 s. 1 Jac. 9. § 3. N. 1. And yet note That wheresoever any Conviction shall be before the Justice of Peace by or upon the Oath of any other person then the Delinquent himself then the Justice of Peace must first send for or convene the Delinquent before him to make answer c. For it may be that he can make sufficient defence or excuse of the Fact And this was the direction of Sir Nicholas Hyde Lord Chief Justice of the Kings Bench c. Dalt 67 155 362. XLIV Dalt 27. cap. 7. Every Taverner keeping also an Inn Hostler or victualling in his House and every Inn-keeper Alehouse-keeper and other Victuallers which shall suffer any person wheresoever his dwelling-house be to tipple in the said house shall be adjudged within the Statute 1 Jac. 9. § 2. N. 1. Dalt 361. 1 Bulstr 109. XLV Dalt 27. ibid. So that now by these Statutes 5 Hostler 6 Ed. 6. 25. 1 Jac. 9. 4 Jac. 5. 21 Jac. 7. 3 Car. 1. cap. 3. 4 No person may come to tipple in any such Tavern or in any Inne Alehouse or Victualling-house in the same Town where he dwelleth not dwelling within two miles thereof And so Sir Francis Harvey Knt. delivered it in his Charge at Cambridge Summer-assizes Anno 1629. XLVI 1 Bulstr. 109. Pl. 90. Note by Yelverton Justice Hostler That if an Inne do use the Trade of an Ale-house this shall be within the Statute of Ale-houses 5. and 6 Ed. 6. 25. and 1. Jac. 9. and 4. Jac. 5. and 21. Jac. 7. and 3. Car. 1. cap. 3. 4 Croke Justice no person is for to erect an Inne without a Licence from the King Finner Justice the Statute for Ale-houses include all excepting only Booths in Fairs not to keep an Inne and an Ale-house but to be suppressed to keep an Inne only for the relief of Travellers in this Pasch 9 Jac. Anonym Dalt 28. cap. 7. Hostler If a common Inn-holder or Ale-house-keeper will not Lodge a Traveller any Constable or Justice of Peace may compel them thereto but how the Officer shall compel him quere It seemeth that all the Officer can do is either to cause such Ale-house-keeper to be suppressed or else to present or prefer such offence of an Inn-keeper or Ale-house-keeper at the Assizes or Sessions of the Peace that so the Offender may be thereupon Indicted Dalt 17. 378. § 9. supra § 19. 39 H. 6. 18. Actio super Casus Br. 76. and 5 Ed. 4. 2. Actio super Casus Br. 92. Dyer 158. pl. and 9. co 87. XLVIII Dalt 28. cap. 7. And at Lent Assizes Anno 1622. Indictment Sir James Lee Lord Chief Justice of the Kings-Bench delivered it in his charge that an Inn-keeper or Ale-house-keeper offending herein might be Indicted Fined and Imprisoned for the same or else that the party grieved might have his Action super Casus against the Inn-keeper or Ale-house-keeper refusing to Lodge him 14 H. 22. b. Kell 50. pl. XLIX 28. ibid. But no Inn-holder Payment Ale-house-keeper or other Victualler shall be compelled to sell or let any Traveller or other to have any Victuals or Lodging except the party shall first tender and pay ready Mony for the same if it be required 10 H. 7. 8. Hostler L. 2. Rol. 345. 21. Hill or Pasch 21. Jac. per Chamberlain Justice by the putting of a Sign upon his door and Lodging Guests he Chargeth himself to the common-wealth And if I come to an Inne and require him to give me Lodging and he refuseth an Action upon the Case lyeth if he refuseth me and Mr. Justice Dodridge and Sir James Lee Chief Justice accorded c. Hostler LI. Dalt 30 cap. 7. Common Inns are appointed for Travellers and Way-fairing men 8. Co. 32. And therefore if any Inn-keeper shall suffer persons inhabiting in the same Town or any other persons contrary to the Statutes 5. and 6 Ed. 6. 25. 1 Jac. 9. and 4. Jac. 5. and 21 Jac. 7. and 3 Cor. 1. cap. 3. 4 to be usually Tipling in his House such an Inn-keeper may be accounted as well an Ale-house-keeper as an Inn-keeper And such Innkeepers may be bound by Recognizance with Sureties for keeping good Orders as Ale-house-keepers are and so Judge Warberton delivered it in his Charge at Cambridge Assizes Anno 1613. and therewith also agreed Sir James Lee and Sir John Dodridge in their several Charges at Cambridge Assizes Anno 1621. For such Inn-keepers said they do pervert the end for which they were appointed first or else it seemeth they may be committed as Ale-house-keepers without Licence by two Justices of Peace as aforesaid or they may be Indicted therefore at
the Assizes or Sessions of the Peace as it seemeth by the Commissioners of the Peace Lisence LII Dalt 31. Also it hath been agreed for Law that such Inns as have been Erected since the Statute 5 and 6 Ed. 6. 25. and were not Inns before ought to have Lisence and that such Inn-keepers are to be bound by Recognizance with sureties for keeping of good Orders as Ale-house-keepers are so Crompt 77. supra § 35. And yet at Lent-Assizes Anno 1621 Sir James Lee delivered in his Charge that Inns were Hosteries by the Common-Law and that every man might erect and keep an Inn or an Hostrey so as they were probi homines and dwelling in meet places but yet that they were not worthy of any allowance or Lisence under the Kings Great Seal c. Hutt 99. Nusance LIII Dalt 31. ibid. And he delivered further in his said Charge that if such Inns or Hosteries be used ad nocumentum populi Dom. Regis c. scil do keep any disorderly house contrary to the Law or be more in number then are needful and to the hindrance of other ancient and well governed Inns that then they may be therof Indicted at the Assizes or Sessions of the Peace and there may be either fined or suppresed and Sir James Lee told me after at his Lodging in Trinity Colledge that this was the opinion of all the other Judges upon a late Conference had amongst themselves Fult 99. Justices LIV. Dalt 31. ibid. But such Inns or Hosteries if they be inconvenient or disordered in respect either of the Inn-keeper or of the resort thither or that the place be unmeet they are to be supressed upon an Indictment found at the Assizes or Sessions And if they shall suffer Towns-men or other persons usually to tipple there they are to be punished as Alehouse-keepers without license for these Inns or Hosteries are to be allowed only for Travellers Hutt 100. Hostler LV. Hutt 99. Pl. 151. Memorandum That upon a Conference at Serjeants-Inn in Fleet-street 19 June 22 Jac. it was resolved and agreed by the Lord Chief Justice Sir James Lee the Lord Hobbard Baron Bromly Baron Denham Justice Hutton and Justice Jones That any one may erect an Inn for lodging of Travellers without license or allowance as well as any one before 5 6 Ed. 6. 25. might have kept a common Alehouse c. Dalt 31. cap. 7. License LVI Hutt 99. ibid. By the like reason viz. being not restrained all men may use the Trade of Inn-keeping unless it could be brought to be within the Statute 5 6 Ed. 6. 25. which hath never been taken to be subject to that Statute in point of License LVII Dalt 31. ibid. His Majesty viz. Hostler King James in his late Speech in the Star-Chamber Anno 1616. hath justly excepted against the abundance of Alehouses and more especially against the infamous and blind Alehouses as being haunts and receits for Robbers Thieves Rogues Vagabonds and other idle and sturdy Fellows and therefore here I thought good to put the Justices of Peace in mind that in allowing of Alehouses they have a regard as well to the person as the place for all persons are not fit to be allowed to be Alehouse-keepers neither are all places meet for an Alehouse infra 62. LVIII Dalt 29 32. cap. 7. Justices Any two Justices of the Peace the one being of the Quorum may remove discharge and put down any Alehouse where they shall think meet 5 6 Ed. 6. 25. and the Alehouse-keeper put down and discharged by any two such Justices of the Peace cannot be allowed again by any other two or more Justices of the Peace except it be in open Sessions as Sir Peter Warberton delivered in his Charge at Cambridge Assizes Anno 1613. LIX Dalt 32. ibid. License An Alehouse-keeper convicted and supressed for any of the former Offences viz. tippling disorder c. if he shall be licensed or allowed again by two or more Justices of the Peace within three years such License is void and he is to be punished as one victualling without License And so it was delivered by Sir Nicholas Hyde at Cambridge Assizes Anno 3 Car. 1. And so it seemeth if he were convicted rhough he were not suppressed if he be after licensed again within three years after such Conviction such License is void LX. Dalt 31. If the party be in Livery or a retainer to any man Ability Bailiff of a Hundred or Liberty Constable c. or be one that is not of good Fame Conversation or Government such persons are not fit to be allowed to be Alehouse-keepers see Fitz. N. B. That no Victualler ought to sell Victual so long as he is in Office c. infra 89. N. 2. 12 Ed. 2. 6. LXI Dalt 31 32. again dicitur Trades That no person using any Trade ought to be allowed to keep an Alehouse for that were to take away the means and so the life of another tam quaere inde for that by the Common-Law no man is prohibited to use divers Trades Dalt 81. 375. LXII Dalt 32. Lieu. Also in the Towns which are no thorow-fare the Justices shall do well to be sparing in allowing of any Alehouse except it be at the suit of the chief Inhabitants there and to supply the necessary wants of their Poor and then Canakers only to sell to the Poor and out of their doors would suffice if they were enabled by a Law Dalt 375. supra 57. LXIII Dalt 32. ibid. Lieu. also the Alehouses to be allowed are meetest to be about the midst of the Town but not to be in any blind corners where Thieves and Rogues may be harboured nor in places out of or distant from the Town except upon the River-side and where there is great need Dalt 375. supra LXIV West Presid 1 part § 557. A License to sell Ale W. K. and E. D. two Justices of Peace of our Sovereign c. Warwick ss in the County of W. to all Bailiffs Constables and other the Queens Majesties Officers Greeting c. Know ye That we the said W. K. and E. D. have licensed and by these presents do license G. J. of c. to sell Ale in his House at G. aforesaid for one whole year next ensuing the date hereof and have bound him by Recognizance with Sureties to the Queens Majesties use That they shall maintain good rule and not to use any unlawful Games or Meetings in his House but to do according to the Statute provided in that behalf In witness whereof we have subscribed our Names and hereunto have put our Seals the _____ day of c. in the 34th year c. License LXV West Presid 1 part § 558. A License to keep an Alehouse Berks. ss To all Justices of Peace Mayors Sheriffs Bailiffs and all other the Queens Majesties Officers and Subjects to whom it may appertain
supra Justices XXXIV Cromp. 124. § 24. The Justices may hold Sessions annually between Michaelmas and Christmas and between the Feast of the Annuntiation and St. John Baptist to inquire of the Branches of the Statute of Labourers and of the good execution thereof and punish the Offenders by 5 Eliz. 4. § 37. N. 1. Lamb. 593. 594. 609. supra Process XXXV Cromp. 149. b. A Justice of the Peace of the County or within a City or Vill Corporate may Award all the Writs of Capias that are necessary to any Sheriff or chief Officers of places or other Counties from whom a Servant or Apprentice of Husbandry or any Arts Sciences or Occupation mentioned in 5. Eliz. 4. is unlawfully departed is returnable before themselves when they please and upon their appearance they may commit them until they find sureties well and honestly to serve their Masters from whom they departed as appears by the Statute 5 Eliz. 4. § 47. N. 1. Lamb. 517. supra see 2 H. 5. 4. Cromp. 185. b. Bail XXXVI Crompt 154. b. The Servant that departs out of the Service of his Master against the Statute 5 Eliz. 4. nor he that refuseth to serve for the Wages limited nor who promiseth to serve and doth not serve according to the said Statute nor Artificers nor Labourers or c. that depart before the Work they undertook to do be finished unless for Lawful cause nor he that is Committed because he gave or received Wages against the Statute shall not be Bailed Justices XXXVII Crompt 168. The Justices of Peace or the greater number of them shall assemble yearly at Easter Sessions and there rate the Wages of Servants c. for that year and certifie it into the Chancery before the 12 of July next after on pain of 10 l. every Justice that is negligent in doing thereof according to the Statute 5 Eliz. 4. § 15. 1. Lamb. 609. supra XXXVIII Crompt 175. b. § 3. A Parson Vicar or Curate shall make a Testimonial to Servants that depart from their Masters and shall have two pence only for making thereof and for Registring thereof 5 Eliz. 4. § 39. N. 2. Lamb. 504. Action XXXIX Cromp. 184. Justices of Peace may Award execution to the informer or to him that will sue by Action of Debt or Bill of complaint for the Moity of forfiture by the Statute of Labourers made 5 Eliz. 4. § 39. N. 2. Lamb. 504. XL. Cromp. 185. By these Cases of F. N. B. 169. 168. 38. H. 6. 14. Trades Labourers 19. 44. 56. 14. Com. 259 c. It appears what the Law was before the making of the Statute of 5 Eliz. 4. whereby another Law is given for the Retainer Departure c. of Servants Retained in Husbandry and for Apprentice and others XLI Cromp. 185. b. Process The Justice of Peace may Award Writs of Capias in any County to take Servants where c. who flee into other Counties from their own Masters to bring before them at such time as they will Assign Cromp. 149. b. Lamb. 517. supra XLII Cromp. 185. b. Nota Imprison If any Serving-man depart without cause from his Master he shall be Imprison for 23 Ed. 3. 2. § N. as to the departure of Servants is general 38 H. 6. Labourers 9. but 5. Eliz. 4. § 11. N. 1. extends not to such Servingmen but to Servants in Husbandry c. Dalt 81. XLIII Crompt 184. b. 189. b. He is no Apprentice if he be not retain Deeds by Indenture and by the name of an Apprentice expresly Hill 3 H. 8. Rot. 379. Dalt cap. 40. and cap. 31. pag. 81. XLIV Dalt 78. cap. 31. Process Also it seemeth that if the first Justice of Peace to whom complaint was made viz ' on 5 Eliz. 4. § 5. N. 5. shall find the default to be in the Apprentice that then the said Justice of Peace may send him to the House of Correction as an idle or disorderly person by the Statute 7 Jac. 4. and needeth not to trouble the Sessions with him yet quere Dalt 359. XLV Dalt 78. ibid ' Any one Justice of Peace may allow of the cause of putting away of a Servant or of the departure of a Servant within his Term Justices But otherwise of an Apperntice for an Apprentice cannot be discharged but by four Justices of Peace at the least and in open Sessions as aforesaid or else by the agreement of the Master and the Apprentice and under his Masters hand in Writing And yet one that is retained as an Apprentice may be seised by his Lord as a Warde by reason the Lords Title is more antient Crom ' 259. Laboures 143. Br. 27. 30. XLVI Dalt 78. ibid ' And yet one Justice of Peace as it seemeth may make his Warrant to attach a Servant or Apprentice Process departed out of Service or refusing to serve to be before the Justices at their Sessions there to answer their defaults Dalton 259. 360. cap. 121. and it seemeth that any one Justice of Peace may send such idle or disorderly Servants to the House of Correction and that by the Statute of 7. Jac. 4. § 8. N. 3. Dalton 385. cag XLVII Dalt 80. cap. 31. The Reason of this Law viz ' 5 Eliz. 4. § 27. Corporat N. 2. seemeth to be for that such as be to be bound Apprentices in Corporate Towns c. If their Parents be of Competent Livelihood then their Master shall not only be the better secured c. but such Apprentices also in likelihood shall have better means to set up their Trades after their time expired and concerning such whose Parents have not 40 s per Annum they are fitter to be bound Apprentice to Husbandry c. in the Country Lamb. 360. Crompt 200. b. XLVIII Dalt 80. cap 31. But concerning this Certificate Certificate on 5 Eliz. 4. sect 27. N 2 it seemeth not much in use at this day neither is this Certificate so of the substance of the matter or so material that for want thereof the Indenture for Binding of such an Apprentice shall be void For the Justice of Peace cannot be compelled to Certifie c. But if the Parent have 50. s per Annum it sufficeth And so were the opinions of Sir Humfrey Winch and Sir William Jones in the Court of K. B. Pasch 21 Jac But Sir Henry Hobard Lord Chief Justice of the K. B. Trades did not then deliver his opinion therein directly yet he seemeth to me to hold that the Parents of such an Apprentice ought to have 40 s per Annum and also ought to procure such a Certificate from the Justice of Peace Trades XLIX Dalt 80. cap. 31. By the Common-Law no man may be prohibited to Work in any Lawful Trade for the Law abhoreth Idleness 11. Co. 53. b. Trades L. Dalt 80. cap. 31. A Woman cannot be restrained to use the Trade of
c. 1 Rich. 3. 3. § 1. N. 2. LVII 25 Ed. 3. Stat. 5. cap. 4. § 1. N. 2. Imprisonment None shall be taken by petition or suggestion made to the King or Council unless it be by Indictment or Presentment c. LVIII Lamb. 540. The Felony of Forgery 1 Eliz. 14. § 7. N. 1. Forgery after Conviction for a former Offence the Justices of Peace cannot hear or try at all Crompt 56 b. LIX Lamb. 540. Neither doth the hearing and tryal of that Felony Apprentice 33 H. 6. 1. § 1. N. 3. of a Servant taking the Goods of his Master after his death belong to the Justices of Peace in the County because they cannot take notice of his default in B. R. by which default it first beginneth to be Felony LX. Lamb. 541. Records The like though for unlike reason is to be said of the Felonies of Imbezelling of any of the Records of the Courts at Westminster against 8 H. 6. 12. § N. and of an Accessary in one County where the Felony was done in another upon 2 3 Ed. 6. 24. § N. because the Jurisdiction over these Felonies is not committed to the Justices of Peace but remitted to other Judges by the very same Statutes Precog ' LXI Lamb. 541. And so of the Felony of Conspiring the Death of the King or of any Lord of the Realm or of any the Kings Counsel or of the Steward Treasurer or Comptroller of the Kings House because it is to be tryed by them of the Cheque-Roll of the same Houshold 3 H. 7. 14. § N. Tryals LXII Lamb. 541. Furthermore they cannot make tryal of such as were Indicted of Felony before the Coroners or before the Justices of Goal-delivery or of Oyer and Terminer if the same persons were not Justices of Peace also in the same Shire so as the Indictments may be understood to be taken by them as before Justices of Peace for their Commission and Authority extendeth only to such as stand Indicted before themselves as former Justices of the Peace or the Sheriff in his Tourn Process LXIII Lamb. 541 542. It seemeth by Marrow and Fitzh 16. that albeit two Justices of the Peace the one of them being of the Quorum may hear and try the Felonies yet no Justices of the Peace have Authority to deliver Felons by Proclamation or without sufficient acquittal nor yet to deliver such as be in Prison for suspicion of Felony Imprisonm LXIV Lamb. 542. Such persons if they cannot be Indicted must either remain the coming of the Justices of Goal-delivery as the common manner now is or else being removed in B. R. they are either to be delivered thence upon the Writ de gestu fama as the old Order was or by such other mean as they at this day do use therein Appeal LXV Lamb. 542 543. These Justices of Peace can take no Appeal of any Approver nor other before them say all the Justices of C. B. 2 H. 4. 19. and so it is clearly holden 9 H. 4. 1. because their Commission stretcheth not so far but only to such Felonies as fall out by enquiry before themselves or their former fellow Justices however 44 Ed. 3. 44. upon 5 Ed. 3. 11. § N. or 8 H. 6. 10. § N. may seem to a running Reader to allow that power unto them and therefore Stamf. 95. worthily doubteth of this matter 10 Co. 76 b. supra § 52. But howsoever that be yet seemeth it to me no less reasonable then serviceable that if one Felon will accuse another before Justices of the Peace they may take his Confession and reprieve him and thereupon cause the other to be enquired of and so proceed against him Exile LXVI Lamb. 543. They cannot Arraign a man upon his Abjuration saith Marrow Day LXVII Lamb. 543. It hath also been thought unmeet that they should try a Felon the same day in which they awarded the Venire facias against the Jury 22 Ed. 4. 44. Coron 44. But that hath no necessity and the Law is now otherwise taken Women LXVIII Lamb. 543. Marrow saith that they cannot award the Writ Ven ' fac tot ' matronas to try whether a Woman Arraigned before them be with Child or not but seeing it standeth with Law and Reason to stay her for the time that the Child may be preserved I cannot but doubt of this opinion Clergy LXIX Lamb. 543. They may give Clergy to a Felon if the Ordinary or his Deputy be present to take him but if they be absent he must be reprieved because as Marrow saith these Justices can set no Fine upon the Ordinary for his absence no more than if he will accept one to read as a Clerk where in truth he cannot read at all But if you look upon Stamf. 2. cap. 25. he will perswade you that the Ordinary is not the Judge but a Minister in the Tryal of Clergy and that Clergy may lawfully be given and allowed in his absence LXX Lamb. Preced 5. pl. 13. An Indictment for Pety-Treason in a Servant and Felony in the Procurers thereof Kanc. ss Juratores pro Domino Rege supra sacrament ' suum presentant quod A. B de C. in Com' predict ' Glover nuper Serviens B. D. de C. predict ' in dict' Com' Glover 10 die Septembr ' Anno regni c. in domo mansionali predict ' B. D. apud C. predict ' in Com' predict ' vi armis videlicet cum Gladiis pugione districtis ad valentiam 10 solidorum quos idem A. B. ad tunc ibidem in manibus suis tenuit in prenominatum B. D. tunc Magistrum suum tunc ibidem in pace Dei dicti Domini Regis existent ' voluntarie ex malitia sua precogitata insultum fecit eundem B. D. tum Magistrum suum ad tunc ibidem cum dicto Gladio felonice proditorie super caput suum fortiter valde percussit ita quod dicto ictu caput ipsius B. D. tunc Magistri sui tunc ibidem in duas partes scidid dans ei plagam mortalem unde corpus dicti B. D. immediate ibidem ad terram ceridit dictus B. D. instanter ibidem de plaga predict a mortuus e. sic prefat ' A. B. apud C. predict ' ex malitia sua precogita a eundem B. D. Magistrum suum predict ' modo forma predictis voluntarie nequiter felonice proditorie interfecit contra pacem dicti Domini nostri Regis nunc coron ' dignitat ' suas Et quod quidem I. S. de C. predict ' in Com' predict ' Glover ante proditionem predict ' per prefat ' A. B. sic ut prefertur voluntarie perpetrat ' commissam niz 6 die Sept ' anno supradicto eundem A. B. apud C. in Comitat ' predict ' ad proditionem predict ' in forma predict ' perpetrandum committend
patria pro lucro vel proficuo puniantur eisdem modo forma sicut Jurat ' si Jurat ' vel Imbraciat ' Ita convictus non habeat unde in forma predict ' satisfacere possit habeat Imprisonament ' unius Anni prout in ordinatione concordia predict ' continetur Quidam tamen J.H. J.B. J.C. Jurat ' c. in quadam Assiza Novae dissesinae qui nuper summonit ' fuit Coram dilectis fidelibus Domini Regis A. B. C. D. E. F. c. nuper Justiciariis Domini Regis nunc ad assizam illam capiend ' assignati per breve ipsius Domini Regis nunc inter W. S. de L. M. de tenement ' in R. S. in Com' E predict ' postmodum viz. decimo die c. Anno c. Coram prefat ' A. B. C. D. E. F. c. apud W. in Com' predict ' per breve Domini Regis nunc si non omnes capt ' posit ' pro veredicto suo in has parte dicendo de prefat ' J. H. diversas pecuniarium summas viz. predict ' J. H. xl d. predict ' J. B. xl s. predict ' J. C. V. marcas 20. die Octob. Anno c. apud c. ceperunt in dicti Domini Regis contempt ' contra form ' ordinationis concordiae predict ' c. XXVIII Nota 38 Ed. 3. 12. § 1. N. 5. Justices No Justice nor other Minister shall enquire of office upon any of the points of this Article but only at the suit of the party or of other c. Enterludes see Games Entry see Force Escape Fresh Suit Imprisonment Bayl. I. 18 Ed. 2. pag. 84. § 32. the view of Fr. Pledge to enquire of persons Imprisoned and let go without Bayl. Leet II. Lambert 134 135. If the Constables do arrest one that hath hurt another Constable and do voluntarily suffer him to escape and then he that was hurt dyeth thereof within the year and day the Constable shall make a great Fine and that to the value of his Goods in the opinion of some 11 H. 4. 2. Lambert 228. and Stamf. 35. but yet the offence shall not have such relation to the time of the stroke as to make the escape to become felony thereby Com. 263. Crompt 39. § 5. Poult de pace 148. § 3. Dalt 274. c. 106 Justices III. 1 Rich. 3 Cap. 3. § 1. N. 3. That Justices of Peace have Authority to Enquire in their Sessions of all manner of Escapes of every person Arrested and Imprisoned for felony Lambert 4. cap. 4. pag. 434. Crompton 40. § 13. Bayl. IV. Crompt 39. § 7. A Justice of Peace sends for a Felon who is in the Goal and delivers him without Bond for his appearance and afterwards he is Indicted it seemeth this is a voluntary Escape for he is the cause that he cometh not to his Tryal and so where a man confesseth a felony before a Justice of Peace and he lets him go without Bail but a thing that is done pro defectu scientiae is not Felony 2 R. 3. 10. Poult de Pace 149. b. § 9. Boult 97. Cap. 22. Arrest V. Crompt 40. § 10. If a man be arrested for suspicion of Felony and delivered to a servant to carry him to the Goal and he suffers him voluntarily to Escape the Master shall not be Impeacht for this but he that suffered the Escape per Curiam 10 Ed. 4. 17. Poult de Pace 150. b. § 19. Coron 328. 337. Indictment VI. Crompt 40. § 15. A man stole certain sheep and sold them and another took him for suspicion and delivered him to the Bailif and 4 others to keep who let him go because they had no Indictment nor other thing against him and afterwards the Theif was Indicted and thereupon the Constable and the 4. were charged with the Escape because he was arrested for suspicion of the Felony 43 Ed. § 3. 36. N. Ass 12. Boult 96. Stamf 35. b. Amerciament VI. 3 H. 7. 1. § 1. N. 6. The Law of the Land is that if any man be slain in the day and the felon not taken the Township where the Death or Murder is done shall be Amerced Dalt 291. Crompt 40 b. 41. a. Poult de Pace 150. a. b. § 14. 22. Imprisonment VIII Dalt 272. cap. 106. If a Goaler a Constable or any other which hath a Prisoner under Arrest for Felony or suspicion thereof voluntarily letteth or suffereth him to go at liberty tho this be no breaking of Prison yet this is Felony in the Goaler Constable or him that letteth such Prisoner escape but it is no Felony in the Prisoner but if such a Prisoner shall escape by the negligence of his Keeper then the Felony resteth in the Prisoner only and not in the Goaler c. Escape Br. 32. Stanf. 31. Traverse IX Poult de Pace 151. § 28. And touching those which be Prisoners of Record the Keeper of the Prison cannot traverse the Escape but confess and avoid it as in alledging that the Prison was Burnt or Broken by the Kings Enemies or by saying that he which is supposed to be escaped is not the same Prisoner which was Committed to him Process X. Poult de Pace 151. § 29. A Prisoner by matter in fact is where one is Prisoner by Arrest only whether it be by the Sheriff the Constable or any other and he doth escape there the Escape shall be presented before he answer unto it and this Presentment ought to be before the Justices c. that they have Authority to enquire thereof as appeareth 3 Ed. 1. W. 1. cap. 3. Dalt 275. cap. 106. Stanf. 35. 11. Co. 64 65. Imprisonment XI Lambert 2. cap. 7. pag. 227. Now as to this purpose it is called a breach of Prison whether it be out of the Goal Stocks or Possession of any that hath the keeping of the party arrested for Felony tho he be not Indicted thereof before Coron 158. Dyer 99. a. pl. 312. pl. Stanf. 35. Boult 93 cap. 22. Marriage XII Dalt 272. cap. 106. If the Goaler or Keeper shall Marry a Felon which is in his Goal this is an Escape but Quaere if it be Felony in the Goaler or no. Officer XIII Dalt 273. cap. 106. But in these Cases viz. on 14 Ed. 3 c. 10. § 1. N. 3. I have observed the favourable exposition and dealing of the learned and Reverend Judges I. In 9. Co. 98. that the Goalers who have the actual possession shall be answerable for Escapes if they have wherewith Also II. Popham Cheif Justice did cause one Stoner a Goaler at Cambridge to be Indicted Arraigned and Hanged for the Escape of a Felon suffered by him XIV Dalt 273. cap. 106. in Dr. St. 135 137. cap. 42. Lach. This difference is taken that if the Escape were by default scil a negligent Escape of the Goaler that
Waterman or Servingman other then of a Nobleman or of him that may dispend 200 l. by the year playing within the precinct of his Masters House have plaid out of the Christmas at any of the said unlawfull Games or in the Christmas out of the house or presence of their Master shall be Inquired in Sessions 33 H. 8. 9. § N. 12 R. 2. 7. 10. Crompt 79. Dalt 63. cap. 23. War IV. Lambert 476. the Act 33 H. 8. 9. § 20. N. 1. For Archery must be proclaimed at the several Sessions of the Peace Crompt 123. b. § 14. Ability V. Crompt 78. b. Inquiry at Sessions on 33 H. 8. 9. § 3. N. if every one of the age of 7 years and within LX having no Impediment except spiritual men the Justices of the one Bench or of the other and Barons of the Exchequer use Shooting in Long Bows and have a Bow and Arrows ready Item 2. Whither the Fathers and Governors educate their Children in Shooting and have in their houses for every one of the age of 7 years untill he come to 17. a Bow and two Arrows and they may provide and abate the Mony out of their Wages otherwise he shall forfeit 6 s. 8 d. for every Month that they fail 33 H. 8. 9. § 3. N. Item 3. If every man above the age of 17 years and within 60 years having no Impediment nor being a spiritual man c. hath a Bow and four Arrows and occupieth it he that fails shall Forfeit 6 s. 8 d. for every Month 33 H. 8. 9. § 3. N. 5. Item 4. If any under 24 years of age shoot at Pricks he shall Forfeit 4 d for every Shoot 5. None under 17 years if his Father or Mother hath not 10 l. in Land or that his Goods amount to the value of 40 Marks shall shoot in any Bows of Yew bought for him on Forfeit of 6 s. 8 d. Archers VI. Crompt 79. Item 6. If Butts be made and continued in every place by the Inhabitants the Forfeit is 20 s. for every month fayling and the inhabitants must exercise Shooting on Festival days ◠474. by 33 H. 8. 9. § 4. N. 4. Item 7. You shall Inquire if any for Lucre keep any place of Bowling Tennis Dicing or other unlawfull Games he shall Forfeit 40 s. for every day and every person haunting this shall forfeit for every time 6 s. 8 d. Bowls VII Crompt 79. If any Bowl in any open place out of his Garden or Orchard he shall forfeit 6 s. 8 d. for every time VIII Crompt 79. At the Assizes at Stafford Lent 29 Eliz. before Manwood Cheif Baron and Windham Justices of Assize there divers that were taken by L. one of the Justices of the Peace there were Indicted thereof and he that kept the house where they played also and he that kept the house was fined to 5 l. and every one that plaid 20 s. and because they were present in Court they were Committed to Prison till they paid their Fines and there were above 20 of them that plaid in the said house at one time Dalt 64. cap. 23. IX Crompt 131. Imprisonment Justices of Peace and head Officers who find or know any person using unlawfull Games against 33 H. 8. 9. § 14. N. 1. may Commit such Offenders to Prison without Bayl or Mainprise until they be bound by obligation to the use of the King that they will not use such unlawful Games and so see a Conviction by view of the Justices as to Imprisonment c. as it seemeth Quaere Crompt 154. b. 155. a. 172. ab 175. b. § 21. 197. b. § 27. X. Crompt 192. b. All Informations Plaints Actions and Suits Dayes against such as keep Common Houses of unlawfull Games and against such as play therein against 33 H. 8. 9. § 17. N. 2. shall be Commenced within the year after the Offence Committed otherwise no advantage or Suit thereof shall be taken as appears by the said Statute Prohibition XI Dalt 64. cap. 23. But Inquire what Games shall be said to be unlawfull c. Quaere of Dancing of the Morrice or other open Dancings Bear-baytings Common Playes and Fencings all these seem to be prohibited by 39 Eliz. 4. § N. Dayes XII 1 Car. 1. cap. 1. § 1. N. 5. And that any one Justice of the Peace of the County or the cheif Officer c. of any City c. wherere such Offence viz. Bear-bayting Bull-bayting Interludes Common Playes and other unlawfull Pastimes on the Lords day shall be Committed upon his or their View or Confession of the party or proof of any one or more Witness by Oath which the said Justice c. shall administer shall find any person offending in the premises the said Justice c. shall give Warrant under his or their hand and Seal to the Constables and Churchwardens of the Parish c. where such offence shall be Committed to levy the said Penalty viz. 6 s. 4 d. c. by Distress and Sale c. Dalt 63. cap. 23. Warren XIII Lambert 95. Every person finding or seeing any to offend 39 H. 8. 6. § 16. N. 1. against the Shooting in Cross-bows and Hand-guns may Arrest and bring or convey him to the next Justice of Peace of the County where he was found offending who upon due Examination and Proof thereof before him made may by his discretion Commit him to the Goal there to remain till he shall truly pay the one Moiety of the Forfeiture of this Statute to the King and the other Moiety to the first bringer or conveyer Dalt 64. cap. 24. In this Case and such other the Justice of Peace having as it seemeth the whole matter committed to himself alone ought to be wary and circumspect c. and upon the offence sufficiently proved it is necessary that in his Mittimus or Precept to the Goaler there be conteyned the names of the parties with the manner of the offence and how long he is to be kept in Prison for it Ability XIV Lambert 472. If any person have Shot in used or kept any Hand-gun but such as is in Stock and Gun one yard long or any Hagbut or Demihake not being three quarters of a yard long 33 H. 8. 6. Lamb. 295. XV. 471 472. Inquiry at Sessions If any not having 100 l. per Annum have carryed in his Journey any Cross-bow bent or Gun charged unless it be to the Musters 33 H. 8. 6. Crompt 88. Warren XVI Lambert 472 473. Inquiry if any person have Shot at large other then at a Butt or Bank of Earth in place convenient at any thing with any Gun in any City Bourough or Market Town or within a quarter of a Mile of any of them or have commanded his Servant to Shoot in Cross-Bow or Gun at any thing other then a Butt or Banck of Earth or if any person not having 100 l. per An.
the value of twelve pence if they were not guilty of some other Larceny aforetime or guilty of receit of Felons or of Commandment or Force or of ayd in Felony done or guilty of some other Trespass for which one ought not to lose Life or Member and a man appealed by a Prover after the death of the Prover if he be no common Theif nor defamed shall from henceforth be let out by sufficient Surety whereof the Sheriff will be Answerable and that without giving ought of their Goods Cap. 18. Forasmuch as the Common Fine and Amercement of the whole County in Eyr of the Iustices for false Iudgments or other Trespas is unjustly Assest by Sheriffs and Barretors in the Shires Amercement so that the sum is many times increased and the Parcels otherwise Assessed then they ought to be to the Damage of the People which be many times payed to the Sheriffs and Barretors that cannot acquit them c. Cap. 33. 32. It is Provided that no Sheriff shall suffer any Barretors Peace or Maintainers of Quarrels in the Shire neither Stewards of great Lords nor others unless he be the Attorney for his Lord to make Suit or to give Iudgments in the Counties nor to pronounce the Iudgments if he be not specially required and prayed of all the Suitors and Attorneys of the Suitors which shall be at the Court. 4 E. 1. St. 2. p. 28. § 1. N. 3. de off Coronat A Coroner also ought to enquire of Treasure that is found Coron who were the Finders and likewise who is suspected thereof and that it may be well perceived where one liveth Riotously haunting of Taverns and hath done so of long time hereupon he may be Attatched for this Suspition by four or six or more Pledges if he may be found 7 E. 1. p. 33. Of Armour And now in our next Parliament at Westminster after the said Treaties War viz. Vpon Sundry Debates had between us and certain great men of our Realm the Prelates Earls Barons and the Commonalty of our Realm there Assembled to take advice of this Business have said that to us it belongeth and our part is through our Royal Seigniory straitly to defend force of Armour and all other force against our Peace at all times when it shall please us to Punish them which shall do contrary according to our Laws and Vsages of our Realm § 1. N. 3. And hereunto they are bound to ayd us as their Soveraign Lord Parliament at all Seasons when need shall be 13 E. 1. C. 34. 35 § 1. N. 2. And likewise where a man Ravisheth a woman Married Lady Women Damosel or other with force although she Consent after he shall have such Iudgment viz. of Life and Member if he be Attainted at the Kings Suit and there the King shall have the Suit C. 39. 10 § 1. N. 25. And if they viz. whom the Sheriff returns Resisters of Process c. be Convict of such Resistance they shall be punished at the Kings Pleasure Process neither shall any Officer of the Kings meddle in Assigning the Punishment for our Lord the King hath reserved it specially to himself because that Resisters have been reputed Disturbers of his Peace and of his Realm 13 E. 1. St. 2 Cap. 2 4. § 1 N. 4. And if they viz. the Watch do find any that have Lodged Watch. or received any Strangrs or Suspicious Person against the Peace the Bayliffs viz. of the Tow shall do right therein C. 6. § 1. N. 1 And further it is Commanded that every Man have in his house War Armor for to keep the Peace after the Antient Assise § 1. N. 12. And the Constables aforesaid shall present before Iustices Assigned Constable such defaults as they do see in the County about Armour and of the Suits of Towns and of High-ways and also shall Present all such as do Lodge Strangers in Vplandish Towns for whom they will not Answer Statuta Ed. 2. 33 E. 1. St. 2. p. 69. § 1. N. 8. Of Conspirators AND it was further Ordained that Iustices Assigned viz. by 13 Ed. 1. Justices St. 1. 2. Cap. 29. 30. to the hearing and determining of Felonies and Trespasses should have the transcript hereof viz. of this Statute of Conspirators 34 E. 1. St. 2. p. 71. § 1. N. 11. Articles on Winch. Viz. To enquire of all between the age of fifteen and forty be sworn to keep the Peace Oath War Also if they have Weapons in their houses according to the Quantity of their Lands and Goods for maintenance of the Peace § 1. N. 12. according to the Statute viz. 13 Ed. 1. Stat. 2. Cap. 5. 6. Wine viz. Shall enquire upon Oath of such as continually haunt Taverns 18 E. 2. p. 84. § 28. Fr. Pledg and no man knoweth whereon they do Live Poor Of such as Sleep by day and Watch by night and fare well § 29. and have nothing Statuta Ed. 3. Justices ITem For the better keeping and maintaining of the Peace 1 E. 3. St. 2. C. 16. § 1. N. 2. The King will that in every County Good men and Lawful which be no Maintainers of Evil or Barraters in the County shall be Assigned to keep the Peace 18 H. 6. Cap. 11. Justices And that the Oyers and Terminers shall not be granted 2 E. 3. C. 2. § 1. N. 6. Northampton but before Iustices of the one Bench or the other or the Iustices Errant and that for great hurt or horrible Trespasses and of the Kings special Grace after the form of the Statute thereof ordained in the time of the said Grandfather viz. 13 Ed. 1. West 2. Cap. 29. 30. and none otherwise Riot Item It is Enacted that no man great or small Cap. 3. of what Condition soever he be except the Kings Servants in his Presence and his Ministers in Executing of the Kings Precepts or of their Office and such as be in their Company Assisting them And also upon a Cry made for Arms to keep the Peace and the same in such places where such Acts happen be so hardy to come before the Kings Iustices or other of the Kings Ministers during their Office with Force and Arms. 2 R. 2. Cap. 7. Force Market Overt Nor bring no Force in a fray of Peace § 1. N. 2. Nor to go nor ride Armed by night nor by day in Fairs Markets § 1. N. 3. nor in the Presence of the Iustices or other Ministers nor in no part elsewhere upon pain to forfeit their Armor to the King and their Bodies to Prison at the Kings Pleasure Offices And that the Kings Iustices in their Presence Sheriffs § 1. N. 4. and other Ministers in their Bailywicks Lords of Franchises and their Bayliffs in the same and Mayors and Bayliffs of Cities
and Burroughs within the same Cities and Burroughs and Burrough-holders Constables and Wardens of the Peace within their Wards shall have Power to Execute this Act. Justices And that the Iustices Assigned at their coming down into the Country § 1. N. 5. shall have Power to enquire how such Officers and Lords have Executed their Offices in this Case and to punish them whom they find that have not done that which pertained to their Office Peace Item As to the keeping of the Peace in time to come Cap. 6. it is Ordained and Enacted that the Statutes made in times past with the Statutes of Winchester viz. 13 Ed. 1. St. 2. Cap. 1. c. Shall be observed and kept in every point Prerog And where it is Contained in the end of the said Statute of Winchester § 1. N. 2. viz. 13. Ed. 1 St. 2. 3. Cap. 6. § 1. N. 15. That the Iustices Assigned shall have Power to Enquire of Defaults and to report to the King in his Parliament and the King to Remedy it which no man hath yet seen the same Iustices shall have Power to punish the Disobeyers and Resisters Justices Item It is Ordained that good and discreet Persons 4 E. 3. Cap. 2. other than of the Places if they may be found sufficient shall be Assigned in all the Shires of England to take Assizes Iuries and Certifications and to deliver the Goods Days And that the said Iustices shall take the Assizes § 1. N. 2. Iuries and Certifications and deliver the Goods at the least three times a year and more often if need be Peace Also there shall be Assigned § 1. N. 3 Good and Lawful men in every County to keep the Peace Indictments And at the time of the Assignments mention shall be made § 1. N. 4. that such as shall be Indicted or taken by the said Keepers of the Peace shall not be let to mainprise by the Sheriffs nor by none other Ministers if they be not mainprisable by the Law § 1. N. 5. Nor that such as shall be Indicted shall not be delivered but at the Common Law Certirorari § 1. N. 6. And the Iustices Assigned to deliver the Goals shall have power to deliver the same Goals of those that shall be Indicted before the Keepers of the peace § 1. N. 7. And that the said Keepers shall send their Indictments before the Iustices and they shall have power to Enquire of Sheriffs Goalers and other in whose Ward such Indicted persons shall be if they make deliverance or let to mainprise any so Indicted which be not mainprisable and to punish the said Sheriffs Goalers and others if they do any thing against this Act. 5 Ed. 3. Cap. 11. § 1. N. 2. It is Enacted that the Iustices Assigned to hear and determine such Felonyes viz. of persons Indictable in one County that dwell in another shall direct their Writs to all the Counties of England where need shall be to take such persons Indicted Proces Ca. 14. § 1. N. 3. It is accorded that if any may have any Evil suspition of such viz. Robedsome Wasters and Drawlatches be it by day or by night Coron they shall be incontinently arrested by the Constables of the Townes 10 Ed. 3. Ca. 3. § 1. N. 3. And they that will aid themselves by such Charters viz. of pardon and have not found mainprise viz. of such as above is said Pardon or after the mainprise found bear themselves otherwise against the peace than they ought their Charters shall be holden for none 18 Ed. 3. p. 09. § 1. No. 3. An Exigent c. against Conspirators Outlary and Confederators of Quarrels and deceivers of Customes and false mony § 1. N. 4. And against them that Commit Routs in Affray of the people Riot 18 E. 3. St. 2. Cap. 1. Commissioners of new Enquiries shall cease serving Indictments of Felonies and Trespasses of Wools carried out without Subsidies Enquest Customes c. Cap. 2. Item Justices That two or three of the best of Reputation in the Counties shall be Assigned Keepers of the Peace by the Kings Commission 18 H. 6. Cap. 11. § 1. N. 2. And at what time need shall be the same with other Wise and Learned in the Law shall be Assigned by the Kings Commissions to hear and determine Felonies and Trespasses done against the peace in the same Counties and to inflict punishment reasonably according to the Law and Reason and the manner of the deed Cap. 5. Item Outlary That from henceforth no Exigent shall go out in case where a man is Indicted of Trespass Vnless it be against the peace or of things which be contained in the declaration made in this case at the last Parliament holden at Westminster 18 Edw. 3. Sta. 1. pa. 109 25 Ed. 3. Cap. 8. The Iustices shall hold their Sessions four times in the year Duties and at all times that shall be needful 12 R. 2. Cap. 10. § 1. N. 2. and 2 H. 5. Cap. 4. § 2. N. 2. 27 Ed. 3. Sta. 2. Ca. 20. § 1. N. 2. Of the Staple We have ordained Merchants c. that if any outrage or Greivances be done to them viz. To Merchants Strangers in the County out of the Staple the Iustices of the Peace where such Outrages shall be done shall do speedy Iustice to them after the Law Merchant from day to day and from hour to hour without sparing any man or to drive them to fue at the Common Law C. 21. § 1. N. 5. And that the said Major and Constables viz. of the Staple shall have power to keep the peace c. Peace 34 Ed. 3. p. 139. These be the things which our Lord the King the Prelates Parliament Lords and the Commons have ordained in this present Parliament holden at Westminster the Sunday next before the Feast of the Conversion of St. Paul to be holden and published openly through the Realm Cap. 1. That in every County of England shall be assigned for the keeping of the Peace one Lord Justices and with him three or four of the most worthy in the County with some Learned in the Law § 1. N. 2. And they shall have Power to restrain the Offenders Rioters Riot and all other Barrators and to pursue arrest take and chastise them according to their Trespass or offence Imprisonment And to cause them to be Imprisoned and duly Punished §. 1. N. 3. according to the Laws and Customs of the Realm and according to that which to them shall seem best to do by their Discretion and good Advisement Poor And also to Inform them § 1. N. 4. and to Enquire of all those that have been Pillors and Robbers in the parts beyond the Sea and be now come
again and go wandering and will not Labour as they were wont in times past Process And to take and arrest all those that they may find by Indictment § 1. N. 5. or by Suspition to put them in Prison Bayl. And to take of all them that be not of good Fame § 1. N. 6. where they shall be found sufficient Surety and Mainprize of their good behaviour towards the King and his People and the other duly to punish to the Intent that the people be not by such Riotors or Rebells troubled nor endamaged nor the Peace blemished nor Merchants nor others passing by the high-ways of the Realm disturbed nor put in the peril which may happen of such Offenders 1 R. 3. 3. § 1. N. 2. Coron And also to Hear and Determine at the Kings Suit § 1. N. 7 all manner of Felonies and Trespasses done in the same County according to the Laws and Customs aforesaid Justices And that Writs of Oyer and Terminer § 1. N. 8. be granted according to the Statutes viz. 2 Ed. 3. Cap. 7. thereof made and that the Iustices which shall be thereto Assigned be named by the Court and not by the Party Enquest And the King will that all general Enquiries before this time granted § 1. N. 9. within any Seigniories for the Mischeifs and Oppositions which have been done to the People by such Inquiries shall cease utterly and be repealed Amerciaments And that Fines which are to be made before Iustices for a Trespass done by any Person be reasonable and just § 1. N. 10. having regard to the quantity the Trespass and the causes for which they be made Measures Item It is Accorded that they which shall be Assigned to keep the Peace Cap. 5. shall have Power to Enquire of Measures according to the Statute thereof made the five and twentieth year of the Reign of our Lord the King viz. 25 Ed. 3. St. 5. Cap. 9. Days Item That in the Commissions of Iustices of the Peace 36 Ed. 3. C. 12. and of Labourers Express mention be made that the same Iustices make their Sessions four times by the year that is to say one Sessions within the Utas of the Epiphany the second within the second week of Lent the third between the Feasts of Penticost and of St. John Baptist the fourth within the eight days of St. Michael 2 H. 5. Cap. 4. § 2. N. 2. 25. Ed 3. Cap 8. Enquest It is Assented c. that c. in all Enquiries within the Realm 42 Ed. 3. C. 4. § 1. N. 2. Commissions shall be made to some of the Iustices of the one Bench c. or Iustices of the Peace with others of the most worthy of the County c. Accountant And that he viz. that will Complain of Sheriffs C. 9. § 1. N. 4. Leavying of the Kings Debt c. have his Suit as well before Iustices of the Peace as before other Iustices Statuta Rich. 2. Peace ITem 1 R. 2. Cap. 2. Our Lord the King greatly desiring the Tranquillity and quietness of his People Willeth and straightly Commandeth that the Peace within this Realm of England be surely observed and kept so that all his Lawful Subjects may from henceforth Safely and Peaceably go and come and dwell according to the Law and Vsage of the Realm Pleading And that Iustice and Right § 1. N. 6. be indifferently Ministred to every Person Riot Commissions shall be awarded to arrest Rioters 2 R. 2. C. 7. and other persons Offensive to the Peace and to Imprison them A Repeat of the Statute of 2 Rich. 2. Cap. 7. touching Riots 2 R. 2. St. 2. C. 2 Justices A profitable Act not Printed 4 Inst 176. 3 R. 2. N. 39. Rot. Pat. Treason It shall be Treason to begin a Riot or Rumour 1 Ed. 6. 5 R. 2. C. 6. § 1. N. 2 Cap. 12. Cap. 7. § 1. N. 2. And in such case viz. where entry is given by Law not with strong hand nor with multitudes of people Force but only in peaceable and easy manner 15 Ric. 2 Cap. 2. 7 Ric. 2. Ca. 5. Iustices c. shall Examine Vagabonds Poor bind them to their good abearing or Commit them to prison Cap. 13. Item It is ordained and assented Riot and also the King doth prohibit that from henceforth no man shall ride in Harness within the Realm Contrary to the form of the Statute viz. 2 Ed. 3. Cap. 3. of Northampton thereupon made neither with Launcegay within the Realm the which Launcegayes be cleerly put out within the Realm as a thing prohibited by our Lord the King upon pain of Forfeiture of the said Launcegayes Armours and other Harness in whose hands or possessions they be found that bear them within that Realm Contrary to the Statutes and Ordinances aforesaid without the Kings special Lycene 20 Rich 2. Cap. 1. 12 Ric. 2. Ca. 2 Item Chancery It is accorded that the Chancellor c. and all others that shall be called to ordain name or make Iustices of Peace c. shall be firmly sworn that they shall not ordain c. for any gift or Brocage Favour or Affection Cap. 10. Item It is ordained and agreeed Justices that in every Commission of the Iustices of Peace there shall be Assigned but six Iustices with the Iustices of Assises 14 Ric. 2. Cap. 11. § 1. N. 2. And that the said six Iustices shall keep their Sessions in every Quarter of the Year at least and by three dayes if need be Dayes upon pain to be punished according to the Discretion of the Kings Counsel at the suit of every man that will Complain 25 Ed. 3. Cap. 8. and 2. H. 5. Cap. 4. § 2. N. 2 14 H. 6. Cap. 4. N. 4. § 1. N. 3. And they shall enquire diligently among other things touching their Offices if the said Majors Bayliffs Stewards Constables Enquest and Goalers have duly done Execution of the said Ordinances viz. 12 R. 2. Cap. 3. 4. 5. 6. 7. 8. 9. Of Servants and Labourers Beggars and Vagabonds and shall punish them that be punishable by the said pain of an hundred shillings by the same pain and they that be found in default and be not punishable by the same pain shall be punished by their Discretion § 1. N. 4. And every of the said Iustices shall take for their wages four Shillings the day for the time of their said Sessions Fees and there will be two shillings of the Fines and Amerciaments rising and coming of the same Sessions by the hands of the Sheriffs § 1. N. 5. And that the Lords of Franchises shall be contributory to the said Wages after their rate of their part of Fines and Amerciaments aforesaid Franchise § 1. N. 6. And that no
Steward of any Lord be Assigned in any of the said Commissions 13 Ric. 2. Cap. 7. Ability § 1. N. 7. And that no Association shall be made to the Iustices of the Peace after their first Commission Joynder § 1. N. 8. And it is not the Intent of this Statute Appearance that the Iustices of the one Bench or of the other nor the Serjeants of the Law in case that they shall be named in the said Commissions shall be bound by force of this Statute to hold the said Sessions four times in the year as the other Commissioners the which be Continually dwelling in the County but that they shall do it when they may best attend it 13 Ric. 2. Ca. 7. Whereas it is Contained in the Last Statute made at Canterbury viz. 12 Rich. 2. Cap. 10. § 1. N. 6. Ability that no Steward of any Lord shall be Assigned in the Commission of the Iustices of Peace nevertheless for certain causes shewed in this Parliament it is accorded and assented that Iustices of the Peace shall be made of new in all the Counties of England of the most sufficient Knights Esquires and Gentlemen of the Law of the said Counties notwithstanding the said Statute 18 H. 6. Cap. 12. § 1. N. 2. And that the said Iustices be Sworn duly Justices and without favour to keep and put in Execution all the Statutes and Ordinances touching their Office Cap. 8. Item Victuals It is ordained c. that the Statutes and Ordinances made in the last Parliament holden at Canterbury viz. 12 Ric. 2. Cap. 3. 4. 5. 6. 7. 8. 9. as well of Servants Labourors Artificers and Victualers as of all other things saving the Exception viz. 12 R. 2. Cap. 10. § 1. N. 6. in the next Article before viz. 13 Rich. 2. Cap. 7. touching Iustices of Peace c. shall be firmly kept and duly executed Coron But forasmuch as a man cannot put the price of Corn § 1. N. 2. and other Victuals in certain it is Accorded c. that the Iustices of Peace in every County in two of their Sessions to be holden betwixt the Feast of Easter and St. Michael shall make Proclamation by their discretion according to the Dearth of Victuals how much every Mason Carpenter Tyler and other Craftsmen Workmen and other Labourers by the day as well in Harvest as in other times of the year after their degree shall take by the day with meat and drink or without meat and drink between the two Sessions beforesaid notwithstanding the Statutes viz. 23 Ed. 3. Cap. 6. and 12 R. 2. Cap. 4. thereof heretofore made and that every man obey to such Proclamations from time to time as a thing done by Statute Fees And in the Right of Victualers it is Accorded § 1. N. 3. that they shall have reasonable gains according to the Discretion and Limitation of the Iustices and no more upon pain to be grievously punished according to the Discretion of the said Iustices where no Pain is limited in certain before this time Drapery And that the Workers Weavers and Fullers C. 11. § 1. N. 3. viz of plain Cloaths of Somerset c. shall put their Seals to every Cloath that they shall work upon a certain Pain to be limited by the Iustices of the Peace c. Forest And that the Iustices of Peace have Power to Enquire C. 13. § 1. N. 4 viz. of Lay-men that have not forty shillings a year and Clerks not advanced to ten pound a year that Hunt or keep Dogs Nets c. and shall enquire of the Offenders in this behalf and punish them by the Pain aforesaid viz. Imprisonment a year Justices Item that in eyery County be Assigned eight Iustices of Peace 14 R. 2 C. 11 as is contained in the Statute of Canterbury viz. 12 Ric. 2. Cap. 10. besides the Lords Assigned in this Parliament Records And that the Estreats of the said Iustices be doubled § 1. N. 2. and the one part delivered by the said Iustices to the Sheriff to Leavy the mony thereof rising and thereof to pay to the Iustices their Wages by the hand of Sheriff by Indenture betwixt them therereof to be made Sheriffs And that the Sheriffs have allowance in their account in the Exchequer § 1. N. 3. by the same Indenture Dignity And that no Duke Earl Baron or Baronet § 1. N. 4. albeit they be Assigned Iustices of the Peace and hold their Sessions with the other Eight shall take any wages for the said Office Justices And that the Iustices put their names in the same Estreats § 1. N. 5. together with the number of the days of their Session to the intent that the Sheriffs may know to whom to pay Wages and to whom not and the Barons of the Exchequer to whom to allow and to whom not Seals And that the Seals be made for the Servants § 1. N. 6. and delivered to the keeping of some good man of the Country after the Puport of the said Statute of Canterbury viz. 12 R. 2. Cap. 11. N. 4. Measures Which Statute viz. 12 R. 2. Cap. 10. § 1. N. 7. with the notification of the same made at the last Parliament viz. 13 R. 2. Cap. 7 and the Statute of Weights and Measures And all other good Statutes and Ordinances made heretofore and not repealed shall be holden and kept and put in due Execution Force Item It is Accorded and Assented that the Ordinances and Statutes 15 R. 2. C. 2. made and not repealed of them that make Entries with strong-hand into Lands and Tenements or other Possessions whatsoever and them hold with force and also of these that make Insurrections or great Ridings Riots Routs or Assemblies in Disturbance of the Peace or of the Common-Law or in affray of the People shall be holden and kept and fully executed 8 H. 6. Cap. 9. Proces Ioyned to the same that at all times § 1. N. 2. that such forcible entry shall be made and Complaint thereof cometh to the Iustices of Peace or to any of them that the same Iustices or Iustice take sufficient Power of the County and also the Place where such force is made 13. H. 4. Cap. 7. 8 H. 6. Cap. 9. N. 2. § 1. N. 3 And if they find any that hold such Place forcibly after such entry made Imprisonment they shall be taken and put in the next Gaol there to abide Convict by the record of the same Iustices or Iustice until they have made Fine and Ransome to the King 18 H. 6. Cap. 9. § 1. N. 3. § 1. N. 4. And that all the People of the County as well the Sheriff as others Process shall be attendant upon the same Iustices to go and assist the same Iustices to Arrest such Offenders upon Pain of
Imprisonment and to mak◠Fine to the King 8 H. 6. Cap. 9. § 1. N. 4. § 1. N. 5. And in the same manner it shall be done of them that make such forcible Entries in Benefices or Offices of holy Church 8 H. 6. Cap. 9. § 1. N. 5. Church 17 R. 2. C. 8. The Sheriffs and all other the Kings Officers Riot shall Suppress Riots and Imprison them and all others Offending against the Peace 4. Inst 51. 13 H. 4. Cap. 7. C. 9. § 1. N. 7. Wherefore it is Accorded c. Fish That the Iustices of Peace of all the Counties of England shall be Conservators of the said Statutes viz. 13 Ed. 1. St. 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. in the Counties where they be Iustices and that they and every of them at all times when they may attend shall Survey the Offences and Defaults attempted against the Statutes aforesaid § 1. N. 8. And also shall Survey and Search all the Wears in such Rivers Sewers that they shall not be very strait for the distinction of such Fry and Brood but of reasonable widenes after the old Assise used and accustomed § 1. N. 9. And that the same Iustices or any of them which shall find Default Process or Abuse against the Statutes aforesaid viz. 13 Ed. 1. St. 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. shall make due Punishment of them which be found in default after the Content of the same Statute §. 1. N. 10. And that the same Iustices Deputy shall put good and sufficient Vnder-Conservators of the same Statutes viz. 13 Ed. 1. St 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. under them which shall be sworn to make like Surveying Search and Punishment without any favour thereof to be shewed § 1. N. 11. And moreover that the same Iustices in their Sessions shall Enquire Enquest as well by their Office as at the Instance of the under-Conservators aforesaid of all Trespasses Misprisions and Defaults made against any of the Points aforesaid § 1. N. 12. And shall cause them which be thereof Indicted to come before them Process Imprisonment § 1. N. 13. And if they be thereof Convict they shall have Imprisonment and make Fine after the discretion of the same Iustices C. 10. Item Forasmuch as Theeves notoriously defamed Enquest and others taken with the manner by their long abiding in Prison after that they be arrested be delivered by Charters and favourable Enquests procured to the great hindrance of the People § 1. N. 2. It is Accorded and Assented Justices that in every Commission of the Peace through the Realm where need shall be two men of Law of the same County where such Commission shall be made shall be assigned to go and proceed to the deliverance of such Theeves and Felons as often as they shall think it expedient 18. H. 6. Cap. 11. 20 R. 2. p. 186. The King at his Parliament holden at Westminster in the Feast of St. Vincent the twentieth year of his Reign by the Assent of the Prelates Parliament Lords and Commons of his Realm of England assembled in the same present Parliament for the Quietness and Tranquillity of his People hath made certain Statutes and Ordinances in the form which followeth Cap. 1. First Peace whereas in a Statute made the seventh year of the Reign of the King that now is viz. 7 R. 2. Cap. 13. It is Ordained and Assented that no man shall ride Armed within the Realm against the form of the Statute of Northampton viz. 2 Ed. 3. Cap. 3. thereupon made nor with Launce-gays within the same Realm § 1. N. 2. And that the said Launce-gays shall be utterly put out within the said Realm as a thing prohibited by the King War upon pain of forfeiture of the same Launce-gays Armors or any other Harnes in the hands and possessions of them that bear them from henceforth within the same Realm against the same Statutes and Ordinances viz. 2 E. 3. Cap. 3. 7 Rich. 2. C. p. 13. without the Kings special Licence Riot Our Lord the King §. 1. N. 3. considering the great clamour made to him in this present Parliament because that the said Statute is not holden hath ordained and established in the said Parliament that the said Statutes viz 2 Ed. 3. cap. 3. 7. Rich. 2. cap. 13. shall be fully holden and kept and duly executed and that the said Lance-gayes shall be thereby put out upon the pain contained in the said Statute of Northampton viz. 2 Ed. 3. cap. 3. and also to make fine and ransom to the King Officer And moreover that no Lord Knight nor other § 1. N. 4. little nor great shall go nor ride by night nor by day armed nor bear Sallet nor Skull of Iron nor of other Armor upon the pain aforesaid Save and except the Kings Officers and Ministers in doing their Office Maintenance And moreover the King will and hath ordained § 1. N. 5. that the Statute made the first year of his Reign viz. 1 Rich. 2. cap. 7. Of Liveries of Hats shall be holden and kept upon the pain contained in the same Statute and upon pain to be imprisoned and make Fine and Ransome to the King Statuta Hen. 4. Justices JOyned thereto viz. to 1 H 4 Cap. 7. 2 H. 4. Ca. 21. § 2. N. 3. Of Liveries that the Iustices of the one Bench and of the other and the Iustices of Assises and of the Peace have power and authority to enquire hear and determine in this case by Record in their presence or by inquiry to be made from time to time Force And if such Disseisor be attainted of such Dissessin made in such forcible manner he shall have one years imprisonment 5 H. 4. Cap. 8. § 1. N. 3. and yeild to the party greived his double damages Justices And that in the Commissions of the Peace hereafter to be made 4 H. 4. Cap. 3. § 1. N. 2. this Article be put in that the Iustices of the Peace have power thereof viz. of Watches on the Sea-coasts to make inquiry in their Sessions from time to time and to punish them which be found in default after the tenor of the said Statute viz. 13 Ed. 1. St. 2. 3. cap. 4. Of Winchester Imprisonment Item because that divers Constables of Castles within the Realm of England be assigned to be Iustices of Peace by Commission of our Lord the King Cap. 10. and by colour of the said Commissions they take people to whom they bear evil will and imprison them within the said Castles till they have made fine and ransom with the said Constables for their deliverance It is ordained and established § 1. N. 2. that none be imprisoned by any Iustice
of Peace but only in the common Gaol Saving to Lords and other their Franchise in this Case Peace And that the Peace within the Realm be holden and kept so 7 H. 4. cap. ◠§ 1. N. 4â— that all the Kings Leige people and Subjects may from henceforth safely and peacably go come and abide according to the Laws and Vsages of the same Realm Games And the Iustices of Peace in every County of England C. 7. § 1. N. 6. and also the Mayor and Sheriffs and Bailiffs of Cities and Boroughs within the same Cities and Boroughs shall have power to inquire of all such deceitful makers of Heads and Quarels viz. of Arrows and to punish them as aforesaid Riot None shall be punished for repressing the late Riots Cap. 18. Justices Item It is ordained and established that if any Riot Assembly 13 H. 4. Cap. 7 or Rout of People against the Law be made in parties of the Realm that the Iustices of Peace three or two of them at the least and the Sheriff or Vnder-Sheriff of the County where such Riot Assembly or Rout shall be made hereafter shall come with the power of the County if need be to arrest them and shall arrest them 2 H. 5. cap. 8. and 19 H. 7. cap. 13. § 1. N. 2. And the same Iustices and Sheriff or Vnder Sheriff Record shall have power to record that which they shall find to be done in their presence against the Law 2 H. 5. cap. 8. § 1. N. 2. and 19 H. 7. cap. 13. § 1. N. 2. § 1. N. 3. And that by the Record of the same Iustices and Sheriff Sheriff or Vnder-Sheriff such Trespassers and Offenders shall be convict in the manner and form as is contained in the Statute of forcible Entries viz. 5 R. 2. Cap. 7. § 1. N. 3. and 15 R. 2. Cap. 2. § 1. N. 3. 2 H. 5. Cap. 8. § 1. N. 2. and 19 H. 7. Cap. 13. § 1. N. 3. § 1. N. 4. And if it happen that such Trespassers and Offenders be departed before the coming of the said Iustices Sheriff and Vnder Sheriff Enquest that the same Iustices three or two of them shall diligently enquire within a Month after such Riot Assembly or Rout of people so made and thereof shall hear and determin according to the Law of the Land 2 H. 5. Cap. 8. § 1 N. 3. and 19 H. 7. 13. § 1. N. 4. § 2. N. 1. And if the truth cannot be found in the manner as is aforesaid Certificat then within a Month then next following the Iustices three or two of them and the Sheriff or Vnder Sheriff shall certifie before the King and his Counsel all the Deed and Circumstances thereof 2 H. 5. Cap. 8. § 1. N. 4 and 19 H. 7. Cap. 13. § 1. N. 9. § 2. N. 2. Which Certificat shall be of like force as the Presentment of twelve Judgment upon which Certificat the said Trespassers and Offenders shall be put to Answer 2 H. 5. Cap. 8. § 1. N. 4. § 2. N. 3. And they which shall be found guilty Execution shall be punished according to the Discretion of the King and his Counsel 2 H. 5. Cap. 8. § 1. N. 5. § 3. N. 1. And if such Trespassers and Offenders do Traverse the matter so certified the same Certificat and Travers Travers shall be sent into the Kings Bench there to be tryed and determined as the Law requireth § 3. N. 2. And if the same Trespassers do not appear before the King and his Counsel or in the Kings Bench at the first Precept Process there shall be another Precept directed to the Sheriff of the County to take the said Trespassers and Offenders if they may be found and to bring them at a certain day before the King and his Counsel or into the Kings Bench. § 3. N. 3. And if they cannot be found that the Sheriff Notice or Vnder Sheriff shall make Proclamation in his full County next ensuing the delivery of the second Precept that they shall appear before the King and his said Counsel or in the Kings Bench or in the Chancery in time of Vacation within three weeks then next following § 3. N. 4. And in case the same Offenders come not as afore is said Attainder and the Proclamation made and returned they shall be Convict and Attainted of the Riot Assembly or Rout aforesaid notwithstanding any Article or Ordinance made to the contrary § 4. N. 1. And moreover that the Iustices of Peace 2 H. 5. C. 8. § 1. N. 6. dwelling nighest in every County where such Riot Assembly Justices or Rout of people shall be made hereafter together with the Sheriff or Vnder Sheriff of the same County and also the Iustices of Assises for the time that they shall be there in their Session in case that any such Riot Assembly or Rout be made in their presence shall do Execution of this Statute every one upon pain of an hundred pounds to be paid to the King as often as they shall be found in Default of the Execution of the same Statute Statuta Hen. 5. 2 H. 5. C. 4. ITem Forasmuch as the Servants and Labourers Apprentice of the Shires of the Realm do fly from County to County because they would not be Iustifiby the Ordinances and Statutes by the Law for them made to the great damage of Gentlemen and others to whom they should serve because that the said Ordinances and Statutes for them ordained be not Executed in every Shire Trades § 1. N. 2. Our Lord the King willing in this case to provide a Remedy by the Advise and Aâ—sent aforesaid and at the request of the said Commons hath ordained and established that the Statute of Labourers made at Canterbury viz. 12 R. 2. Cap 3. c. and all other good Statutes of Labourers made and not repealed be firmly holden and kept and put in due Execution Process § 1. N. 3. And moreover that the Iustices of Peace have power to send their Writs for such fugitive Labourers to every Sheriff of the Realm of England and to make Process as the Statute requireth to bring them before them to answer to our Soveraign Lord the King and to the parties of the Contempts and Trespasses made or done against the Ordinances and Statutes aforesaid in like manner as the Iustices have power to send to every Sheriff for the Felons before them Indicted Apprentice And also that all the Statutes and Ordinances of Labourers § 1. N. 4. Servants and Artificers before this time made and not repealed be Exemplified under the great Seal and sent to every Sheriff of the Realm of England thereof to make Proclamation in the full County and after this Proclamation so made that every Sheriff shall cause the said
Exemplification to him directed to be delivered to the Iustices of the Peace in his County named of the Quorum or to one of them to remain with such Iustices which be or shall be for the better putting of the foresaid Statutes and Ordinances in due Execution Sheriffs And in Shires where divers Commissions of the Peace be made § 1. N. 5 there shall be so many Exemplifications of the Statutes and Ordinances aforesaid made as be Commissioners of the Peace in the same Shires and sent to the Sheriffs to make Proclamation and to deliver the same as is aforesaid Justices And that the Iustices of Peace in every Shire named of the Quorum § 2. N. 1. be resident within the same Shire except Lords named in the Commission of the Peace and also except Iustices of the one Bench and of the other the cheif Baron of the Exchequer Serjeants at the Law and the Kings Atturney be attending and occupyed in the Kings Courts or otherwise in some other place occupyed in the Kings Service Days And make their Sessions four times by the year § 2. N. 2. that is to say in the first week after the Feast of St. Michael and in the first week after the Epiphany and in the first week after the Clause of Easter and in the first week after the Translation of St. Thomas the Martyr and more often if need be 36 Ed. 3. Cap. 12. and 25 Ed. 3. Cap. 8. and 14 H. 6. Cap. 4. § 1. N. 4. And that the same Iustices hold their Sessions throughout the Realm of England in the same weeks every year from henceforth 12 Rich. 2. § 2. N. 3. Cap. 10. § 1. N. 2. Apprentice And also the Iustices of Peace from henceforth have power to Examin § 2. N. 4. as well all manner of Labourers Servants and their Masters as Artificers by their Oaths of all things by them done contrary to their said Ordinances and Statutes and upon that to punish them upon their confession after the effect of the Statutes and Ordinances aforesaid as though they were Convict by Enquest Sheriffs And that the Sheriff in every Shire of the Realm of England § 2. N. 5. shall do well and duly his Office in this behalf upon pain to loose and to forfeit to our Lord the King twenty pounds Religion And moreover that the Iustices of the Kings Bench Cap. 7. § 1. N. 9. and Iustices of the Peace and Iustices of Assise have full power to enquire of all them which hold any Errors or Heresies as Lollards and which be their Maintainers Favourers and Sustainers Comon-writers of such Books as well of the Sermons as of their Schools Conventicles Congregations and Confederacies and that this Clause be put in Commssions of the Iustices of the Peace Riot Item Cap. 8. Whereas it is contained in the Statute made the thirteenth year of the noble King Henry Father to our Lord the King that now is viz. 13 H 4. Cap. 7 amongst other things that if any Riot Assembly or Rout of people against the Law be made in any part of the Realm then the Iustices of the Peace three or two of them at the least and the Sheriff or under Sheriff of the County where such Riot Assembly or Rout shall be made hereafter should come with the power of the said County if need were to arrest them and them should arrest 19. H. 7. Cap. 13. § 1. N. 2. And viz. 13 H. 4. Cap. 7. § 1. N. 2. the same Iustices Record Sheriffs or under Sheriffs should have power to record that which they find so done in their presence against the Law and viz. 13 H. 4. Cap. 7. § 1. N. 2. that by Record of the same Iustices Sheriff or under Sheriff such Trespassers or Offenders should be Convict in manner and form as is contained in the Statute of forcible entries 19 H. 7. Cap. 13. § 1. N. 2. 3. § 1. N. 3. And viz. 13 H. 4. Cap. 7. § 1. N. 4. Enquest if it happen that such Trespassers or Offenders were departed before the coming of the Iustices Sheriff or under Sheriff that the same Iustices three or two of them shall diligently enquire within a month after such Riot Assembly or Rout of people so made and the same hear and determin according to the Law of the Land § 1. N. 4. And viz. 13 H. 4. Cap. 7. § 2. Certificat N. 1 if the truth could not be found in manner as afore is said within a month then next ensuing the said Iustices three or two of them and the Sheriff or under Sheriff shall certifie before the King and his Counsel the Deed and circumstance of the same viz. 13 H. 4. Cap. 7. § 2. N. 2. which Certificat shall be of like force as the Presentment of twelve men upon which Certificat the said Trespassers and Offenders shall be put to Answer § 1. N. 5. And viz. 13 H. 4. Cap. 7. § 2. N 2. Judgement they which be found guilty should be punished according to the discretion of the King and his Counsel § 1. N. 6. And viz. 13. H. 4. Cap. 7. § 4. N. 1. Justices moreover that the Iustices of Peace dwelling neerest in every County where such Rout Assembly and Riot of people should be made hereafter together with the Sheriff or under Sheriff of the same Counties and also the Iustices of Assise for the time that they shall be in their Sessions in case that any such Riot Assembly or Rout be made in their presence shall make Execution of this Statute every one of them upon pain of 100 l. to be paid to the King as often as they shall be found in default of Execution of the same Statute § 1. N. 7. And forasmuch as many Riots Routs Process and Assemblies have been made in divers parts of the Realm since the making and proclamation of the same Statute viz. 13. H. 4. Cap. 7. because that the same Statute hath not been put in due Execution as our Soveraign Lord the King perceived by divers and grievous complaints to him made in this present Parliament § 1. N. 8. The same our Lord the King willing hereof to provide a better remedy Riot by the advice and assent aforesaid and at the suit of the said Commons hath ordained and established that if default be found in the said two Iustices of the Peace or Iustices of Assise and the Sheriff or under Sheriff of the County where such Riot Assembly or Rout shall be made touching the Execution that they ought to make by Virtue of the said Statute viz. 13. H. 4. Cap. 7. and whereof the said Statute maketh mention that then at the instance of the party greived the Kings Commission shall go out under his great Seal to enquire as well of the truth of the Case and of the Original matter
for the party Complainant as of the Default or Defaults of the said Iustices Sheriff or under Sheriff in this behalf supposed to be directed to sufficient and indifferent persons at the nomination and by the direction of the Chancellor of the Realm of England § 1. N. 9. And that the said Commissioners presently shall return into the Chancery the Enquests and matters before them Return in this behalf taken and found § 1. N. 10. And moreover that the Coroners of the same County for the time being Enquest in which Country such Riot Assembly and Rout shall be made shall make the Pannel upon the said Commission returnable for the time that the Sheriff so supposed in default shall continue in his Office Enquest Which Coroners shall return no persons § 1. N. 11. but only such which have Lands Tenements or Rents to the value of ten pounds by the year at least Coron And also that the same Coroners shall return upon every of the said persons impanelled at the first day when Issues be to be left 20 s. at least § 1. N. 12. and at the second day 40 s. at least and at the third day 100 s at least and at every day after the double at the least which Issues so returned in respect of nonappearances of such persons Impanelled shall be adjudged as forfeit to the King and Lyable to his use Return And if default be found in the said Coroners § 1. N. 13. touching the returne of such persons to be Impanelled or touching the return of such Issues as afore is said that every of them shall forfeit to the Kings use Forty pounds Sheriff And if it happen the said Sheriff so reputed in default § 1. N. 14. be discharged of his Office at the time that such Commission shall be awarded out of the Chancery that then the new Sheriff of the same County his Successor mediat or immediat for the time being and not the Coroners of the same County shall make the Pannel upon this Commission retornable in manner and form as the said Coroners should do in time when the Sheriff so reputed in default Continued in his Office Sheriff And that the same new Sheriff § 1. N. 15. shall incur like pain of Forty pounds to the King if any default in him be found touching the returne of other person by him Impannelled which have not Lands Tenements or Rents to the valve of Ten pounds by the Year or of returning such Issues which the Coroners be above charged to return as the said Coroners are to lose to the King in this behalf Chancery And that the Chancellour of England § 1. N. 16. for the time being as soon as he may have knowledge of such Riot Assembly or Rout shall cause to be sent the Kings Writ to the Iustices of the Peace and to the Sheriff or under Sheriff of the County where they be so made that they shall put the Statute viz. 13 H. 4. Cap. 7. in Execution upon the pain Contained in the same Execution And though that such Writ come not to the said Iustices § 1. N. 17. Sheriff or under Sheriff they shall not be excused of the pain aforesaid if they make not Execution of the said Statute viz. 13. H. 4. Cap. 7. Fees Provided alwayes that the said Iustices § 2. N. 1. and other Officers aforesaid shall execute their offices aforesaid at the Kings costs in going and Continuing in doing their said Offices by payment thereof to be made by the Sheriff of the same County for the time being by Indenture betwixt the Sheriff and the said Iustices and other Officers aforesaid to be made of the payment aforesaid whereof the said Sheriff upon his account in the Exchequer may have due allowance Riot And that such Rioters attainted of great and hainous Riots shall have one whole years Imprisonment at the least without being let out of Prison by Bayl Mainprise or in other manner § 2. N. 2. during the year aforesaid Imprisonment And that the Rioters attainted of pety Riots § 2. N. 3. shall have Imprisonment as best shall seem meet to the King or to his Counsel Americament And that the Fines of such Rioters attainted § 2. N. 4. shall be by the said Iustices increased and put to greater sums then they were wont to be put in such cases before the time in aid and Supportation of the Iustices and other Officers aforesaid in this behalf Process And that the Kings Leige people being sufficient to Travel in the County where such Routs Assemblies or Riots be § 2. N. 5. shall be Assistant to the Iustices Commissioners and Sheriff or under Sheriff in aid to resist such Riots Routs and Assemblies upon pain of Imprisonment and to make Fine and Ransom to the King Franchise And that the Bayliffs of Franchises shall cause to be Impannelled sufficient persons as before § 2. N. 6. upon pain to loose to the King Forty pounds in case that such sufficient persons may be found within the same Franchises § 2. N. 7. And that like Ordinances and payments shall hold place and take effect in Cities Burroughs and other places and Towns Corporation Infranchised which have Iustices of the Peace within the Cities Burroughs Towns and other places aforesaid § 2. N. 8. And that this Statute shall begin to hold place presently after the Proclamation thereof made Dayes Cap. 9. § 2. N. 1. Provided alwayes that the suggestions of such Riots viz. by persons fled to places unknown be testified to the Chancellor of England Riot by Letters sealed under the Seals of two Iustices of Peace at the least and the Sheriff of the County where such Riots shall be made before that the Writ of Capias be granted 8 H. 6. Cap. 14. § 2. N. 1. 2 H. 5. St. 2. p. 217. Our Lord the King at his Parliament holden at Westminster the Monday next after the Utas of St. Martin the second year of his Reign Parliament by the Advice and Assent of the Lords Spiritual and Temporal and at the special Instance and request of the Commons of his Realm then there Assembled hath ordained and established divers Ordinances and Statutes in the manner and form as followeth Cap. 1. First Justices that the Iustices of the Peace from henceforth to be made within the Counties of England shall be made of most sufficient persons dwelling in the same Counties by the advice of the Chancellor and of the Kings Counsel without taking other persons dwelling in Forraign Counties to execute such Office except the Lords and the Iustices of Assises now named and to be named by the King and his Counsel and except all the Kings cheif Stewards of the Lands and Seigniories of the Dutchy of Lancaster in the North parts and in the
South for the time being 3 H. 5. St. 2. C. 7. § 1. N. 3. And that the Iustices of Peace through the Realm Mony shall have power by the Kings Commissions to enquire of all such matters viz. as well of Counterfeiting and of bringing of false mony into the Realm as of clipping washing and every other Falsity of the said mony and thereupon make Process by Capias only against these which before them shall be thereof Indicted 8 H. 5. C. 3. § 1 N. 4 And the Iustices of Peace shall have power to enquire thereof Mettle viz. of Guilding or Silvering of Mettles c. and that to determin Statuta Hen. 6. 2 H. 6. Cap. 8. § 2. N. 2. AND that the Iustices of Peace within the Counties Ireland and the Mayors and Bailiffs within Cities and Burroughs Enfranchised have power to take before them viz. of Irish men that enter this Realm such manner of Surety of good abearing and to do Execution upon them which shall abide or do against the said Ordinances from henceforth C. 11. § 1. N. 5. And the Iustices of Peace in all Counties of England and Mayors and Bailiffs having power to enquire of the Peace shall enquire Measures hear and determin all the same defaults viz. in the Contents of Vessels of Wine Eels Herring Salmon c. C. 14. § 1. N. 8. And the Iustices of Peace Mayors and Bailiffs Mettle and all others having power as Iustices of Peace shall hear enquire and determin Viz. of Gold-smiths and others not working Silver by the touch or Sterling allay by Bill Plaint or in other manner all that do contrary to the said Ordinances and thereof make due Execution by their discretions 6 H. 6. Cap. 3. The Iustices of Peace and cheif Officers in Cities Apprentice c. shall make Proclamation what every Artificer and Workman shall take for Wages and the Penalty of a Servant Artificer or Labourer that taketh more 8 H. 6. Cap. 5. § 2. N. 7. And that the Iustices of Peace Mayors Measures Bailiffs and Stewards of Franchises have power by Authority aforesaid to Examin the Trespassers in this Case viz. of false Weights and to enquire in special of Offenders against this Ordinance and to do Execution of them that be found faulty by Enquests or by Examination to be made by the said Iudges or Officers in this case in the manner as afore is said Force Item Whereas by the noble King Richard late King of England Cap. 9. after the Conquest the second at his Parliament holden at Westminster the Morrow after All Souls the fifteenth year of his Reign viz. 15 R. 2. Cap. 2. amongst other things it was Ordained and Established that the Statutes and Ordinances made and not repealed of them that make Entries with strong hand into Lands or Tenements or other Possessions whatsoever and them hold with Force and of them that make Insurrections Riots Routs Ridings and Assemblies in disturbance of the Peace or of the Common Law or in affray of the People should be holden and fully Executed Justices And moreover it is ordained by the same Statute Viz. 15 R. 2. § 1. N. 2. Cap. 2. § 1. N. 2. that at all times that such forcible Entries be made and complaint thereof come to the Iustices of Peace or any of them that the same Iustices or Iustice shall take the power of the County and shall go or one of them shall go to the place where such force is made Force And viz. 15 R. 2. Cap. 2. § 1. N. 3. if they find § 1. N. 3. or he findeth any holding of such place forcibly after such Entry made they should be taken and put in the next Goal there to remain convicted by the Record of the same Iustices or Iustice until they have made Fine and Ransom to the King Process And viz. 15 R. 2. Cap. 2. § 1. N. 4. § 1. N. 4. that all the people of the County as well Sheriffs as others shall be attending to the said Iustices and assist them to arrest such Malefactors upon pain of Imprisonment and to make Fine and Ransom to the King Church And viz. 15 R. 2. Cap. 2. § 1. N. 5. § 1. N. 5. that in the same manner be done of them that make forcible Entries into Benifices or Offices of holy Church as in the same Statute is contained more at Large Collusion And for that the said Statute viz. 15 R. 2. Cap. 2. § 2. N. 1. doth not extend to Entries in Tenements in peaceable manner and after holden with force nor if the persons which enter with force into Lands or Tenements be removed or voided before the coming of the said Iustices or Iustice as before nor any Pain ordained if the Sheriff do not obey the Commands and Precepts of the said Iustices for to execute the said Ordinances many wrongful and forcible Entries be daily made in Lands and Tenements by such as have no Right and also divers Gifts Feoffments and Discontinuances sometimes made to Lords and other puissant Persons and Extortioners within the said Counties where they be conversant to have Maintenance and sometimes to such persons as be unknown to them so put out to the intent to delay and defraud such rightful Possessions of their right and recovery for ever to the final Disherison of divers of the Kings faithful Leige-people and likely daily to encrease if due remedy be not provided in this behalf Assurances Our Lord the King considering the Premises § 2. N. 2. hath ordained that the said Statute viz. 15 R. 2. Cap. 2. and all other Statutes of such Entries of Alienations made in times past shall be holden and duly Executed Force Ioyned to the same viz. to 15. R. 2. Cap. 2. that from henceforth where any doth make any forcible Entry in Lands and Tenements § 2. N. 3. or other Possessions or them hold forcibly after Complaint thereof made within the same County where such Entry is made to the Iustices of Peace or to one of them by the party grieved that the Iustices or Iustice so warned within a convenient time shall cause or one of them shall cause the said Statute viz. 15. R. 2. Cap. 2. duly to be Executed and that at the costs of the Party so grieved Enquest And moreover §. 3. N. 1. though that such persons making suh Entries be present or else departed before the coming of the said Iustices or Iustice in some good Town next to the Tenements so entred or in some other convenient place according to their discretion shall have or either of them shall have Authority and power to enquire by the people of the same County as well of them that make such forcible entries into Lands and Tenements as of them which the same hold with force § 3. N. 2. And if
it be found before any of them that any doth contrary to this Statute then the said Iustices or Iustice Justices shall cause to be reseised the Lands and Tenements so entred or holden as aforesaid and shall put the Party so put out in full possession of the same Lands and Tenements so entred or holden as before § 3. N. 3. And if any person after such entry into Lands and Tenements holden with force make a Feoffment or other Discontinuance Assurances to any Lord or other person to have Maintenance or to take away and defraud the Possession of his recovery in any wise if after in Assise or other Action thereof to be taken or persued before the Iustices of Assises or other the Kings Iustices whatsoever by due enquiry thereof to be taken the same Feoffments and Discontinuances may be duly proved to be made for Maintenance as afore is said that then such Feoffments or other Discontinuances so as before made shall be Void Frustrate and holden for none § 4. N. 1. And also when the said Iustices or Iustice Process make such Enquiries as before they shall make or one of them shall make their Warrants and Precepts to be directed to the Sheriff of the same County Commanding him of the Kings behalf to cause to come before them and every of them sufficent and indifferent persons dwelling next about the Lands so entred as before to enquire of such Entries § 4. N. 2. Whereof every man which shall be impannelled Enquest to enquire in this behalf shall have Lands or Tenements of the yearly value of forty shillings at the least by the year above Reprises § 4. N. 3. And that the Sheriff return Issue upon every of them at the day of the first Precept returnable twenty shillings Sheriffs and at the second day forty shillings and at the third an hundred shillings and at every day after the double § 4. N. 4. And if any Sheriff or Bailiff within a Franchise Return having return of the Kings Writ be slack and make not Execution duly of the said Precepts to him directed to make such Enquiries that he shall forfeit to the King twenty pounds for every Default and moreover shall make Fine and Ransom to the King § 5. N. 1. And that as well the Iustices or Iustice aforesaid Justices as the Iustices of Assises and every of them at their coming into the County to take Assises shall have and every of them shall have Power to hear and determin such Defaults and Negligencies of the said Sheriffs and Bailiffs and every of them as well by Bill at the Suit of the Party greived for himself as for the King to sue by Indictment only to be taken for the King § 5. N. 2. And if the Sheriff or Bailiff be duly attainted in this behalf by Indictment or by Bill that he which sueth for himself and for the King Sheriffs have the one Moyety of the Forfeiture of twenty pounds together with his Costs and Expences § 5. N. 3. And that the same Process be made against such persons Indicted or sued by Bill in this behalf Process as should be against Persons Indicted or sued by Writ of Trespass done with force and Arms against the Peace of the King § 6. N. 1. And moreover if any Person be put out or disseized of any Lands or Tenements in forcible manner or put out peaceably Disseisor and after holden out with strong hand or after such Entry any Feoffment or Discontinuance in any wise thereof be made to defraud and take away the Right of the Possessor that the Party grieved in this behalf shall have Assise of Novel Disseisin or a Writ of Trespass against such Disseisor § 5. N. 2. And if the Party grieved Force recover by Assise or by a Action of Trespass and it be found by Verdict or in other manner by due form in the Law that the Party Defendant entred with force into the Lands and Tenements or them after his entry did hold with force that the Plaintiff shall recover his treble Damages against the Defendant § 6. N. 3. And moreover that he make Fine and Ransom to the King Amercement § 6. N. 4. And that Mayors Iustices or Iustice of the Peace Sheriffs and Bailiffs of Cities Justices Towns and Boroughs having Franchise have in the said Cities Towns and Boroughs like power to remove such Entries and in other Articles aforesaid rising within the same as the Iustices of Peace and Sheriffs in Counties and Countries aforesaid have Force Provided always § 7. N. 1. that they which keep their Possessions with force in any Lands and Tenements whereof they or their Ancestors or they whose Estate they have in such Lands and Tenements have continued their Possessions in the same by three years or more be not endamaged by force of this Statute Riot Our Lord the King c. hath ordained c. that the said Statute C. 14. § 1. N. 15. viz. 2 H. 5. Cap. 9. shall now be kept and firmly holden for a Statute for ever c. Certificat Provided always § 2. N. 1. that it be testified by two Iustices of Peace of the Counties where such Riot shall be supposed that the common Fame and Voice runneth in the same Counties of the same Riots before that the Writ of Capias shall be awarded 2 H. 5. Cap. 9. § 2. N. 1. Indictment Item 11 H. 6. C. 6. Our Lord the King considering the great Losses and Damages which often times have come and be like co come hereafter as well to himself as to many of his Leiges for that where as well divers Indictments and Suits for our Lord the King as other Suits between party and party have been taken before divers Iustices of the Peace Assigned by several Commissions of our said Lord the King in divers Counties of England and divers Pleas and Processes upon these Indictments have been often made and hanging before the same Iustices not determined the which Pleas and Processes have been often Discontinued by making new Commissions of the Peace in those Counties to the great Loss of our said Lord the King and of his Subjects in delay of the same Pleas and Suits and of the Deliverance of his said Subjects Abatement And upon that our Lord the King willing to provide remedy of the Assent and Authority abovesaid hath Ordained and Established § 1. N. 2. that in all such Pleas Suits and Processes in them to be taken and to be made before Iustices of Peace in any County of England the said Pleas and Processes in such Suits to be done shall not be discontinued by such new Commissions of the Peace to be made but these Pleas and Processes shall stand in their force Justices And the Iustices in the same new Commission so Assigned
§ 1. N. 3. after that they shall have the Records of the same Pleas and Processes before them shall have Power and Authority to continue the said Pleas and Processes and the same Pleas and Processes and all that depend upon them to hear and finally to determin as the other Iustices might and ought to have done of and in the same if no new Commission had been made Wax And that as well every Iustice of Peace in the County where he is Iustice as Mayors and Bailiffs within Cities and Boroughs C. 12. § 1. N. 4. Stewards of Lords within the Franchises of their Lords have Power and Authority to Examin and Search viz. those that sell Wax-Candles too dear as well by Weights of such Candles Images Figures and other Works of Wax as in other manner by their Discretion and all them that any thing shall hereafter do against this Statute and to punish them that by such Examination and Search shall be found guilty in the form abovesaid Dayes Item Whereas it was Ordained by a Statute viz. 12 Rich. 2. 14 H. 6. C. 4. Cap. 10. § 1. N. 2. that the Iustices of Peace of all the Counties of England for the time being should sit and hold all their Sessions four times by the year to Enquire and Execute all Charges contained in their Commission which they be sworn to do according to the form of the Statute upon a great pain as by the same Statute more fully appeareth Justices Our Lord the King considering that all the high Courts be set and holden in the County of Midlesex § 1. N. 2. continually during all the four times of the Term by which time of Term the Commons Inhabiting in and of the same County must attend from time to time to Enquire of all the Articles to the said Courts belonging as Reason and Law requireth and that presently after every of the said Terms ended the said Iustices of the said County do sit and hold their Sessions in the same County as they ought to do by force of the said Statute viz. 12 R. 2. Cap. 10. § 1. N. 2. more to avoid the said Penalty than for any other necessary thing there to be required at which Sessions they cause to come before them a great part of the Inhabitants and Commons of the said County of Midlesex to enquire of all manner of things as to them is given in charge and by that means they be charged and vexed throughout all the year as well out of the time of Term as in the time of Term so that they have no rest nor time to do their Husbandry and their Labour to get their Living in any wise to their utter undoing if they be not releived in this behalf § 1. N. 3. Therefore the same our Lord the King willing in this case to provide for them a Remedy hath Ordained by the Advise and Assent aforesaid Peace and at the Request of the said Commons of the Realm that the Iustices of Peace which now be and all other hereafter for the time being in the said County of Midlesex shall be clearly discharged of the said Penalty by Authority of the same Parliament from henceforth the Court of Kings Bench being set in the said County of Midlesex § 1. N. 4. Provided always that the said Iustices of Peace of the said County of Midlesex for the time being keep Force observe and execute the Court of the Sessions of the Peace two times in the year at least and more often if need be for any Riot or forcible Entry made within the same County of Midlesex and that upon the Pain and Forfeiture of such Sums as be for that ordained by any Law made before this time to the end and intent that the said Commons and Inhabitants of the said County of Midlesex be not enforced nor compelled to appear before the Iustices of Peace of the same County for the time being but at such time which shall seem by the Discretion of the same Iustices of Peace necessary and behoofeful 25 Ed 3. Cap. 8. 36 Ed. 3. Cap. 12. 12 R. 2. Cap. 10. § 1. N. 2. 2 H. 5. Cap. 4. § 2. N. 2. 18 H. 6 cap. 11. Item Whereas by Statutes viz. 1 E 3. Cap. 16. § 1. N. 2. Justices 18 E. 3. St. 2. Cap. 2. 13 R. 2. Cap. 7. 17 R. 2. Cap. 10. § N. 2. made in the time of the Kings noble Progenitors it was Ordained that in every County of England Iustices should be Assigned of the most worthy of the same Counties to keep the Peace and to do other things as in the same Statutes fully is contained which Statutes notwithstanding now of late in many Counties of England the greatest number have been Deputed and Assigned which before this time were not wont to be whereof some be of small Behaviour by whom the People will not be Governed nor Ruled and some for their necessity do great Extortion and Oppression upon the People whereof great Inconveniences be likely to rise daily if the King thereof do not provide Remedy § 1. N. 2. The King willing against such Inconveniences to provide Remedy Ability hath Ordained and Established by Authority aforesaid that no Iustices of Peace within the Realm of England in any County shall be Assigned or Deputed if he have not Lands and Tenements to the value of 20 l. by year § 1. N. 3. And if any be Ordained hereafter to be Iustices of Peace in any County which hath not Lands or Tenements to the value aforesaid Justices that he thereof shall give knowledge to the Chancellor of England for the time being which shall put another Sufficient in his place § 1. N. 4. And if he give not the said knowledge as before Notice within a Month after that he hath notice of such Commission or if he sit or make any Warrant or Precept by force of such Commission he shall incur the Penalty of 20 l. and nevertheless be put out of the Commission as before § 1. N. 5. And the King shall have one half of the said Penalty Forfeiture and he that will sue for the King the other half and he that will sue for the King and for himself shall have an Action to demand the same Penalty by Writ of Debt at the Common Law § 2. N. 1. Provided always that this Ordinance shall not extend to Cities Corporation Towns or Boroughs which be Counties Incorporate of themselves nor to Cities Towns or Boroughs which have Iustices of Peace of Persons dwelling in the same by Commission or Warrant of the King or of his Progenitors Ability Provided also § 2. N. 2. that if there be not sufficient Persons having Lands and Tenements to the value aforesaid learned in the Law and of good Governance within any such County that the Chancellor of England for
Authority of this present Parliament 4 H. 7. C. 12. Item The King our Soveraign Lord considereth that by the negligence Justices misdemeaning favour and other Inordinate Causes of Iustices of Peace in every Shire of this his Realm the Laws and Ordinances made for the politick-weal peace and good-rule of the same and for the profit surety and restful living of his Subjects of the same be not duly Executed according to the tenor and effect of that they were made and ordained for § 1. N. 2. Wherefore his Subjects been greivously hurt Prerog and out of surety of their Bodies and Goods to his great displeasure for to him is nothing more joyous than to know his Subjects to live peaceably under his Laws and to encrease in Wealth and Prosperity § 1. N. 3. And to avoid such Enormities and Injuries Peace so that his said Subjects may live restfully under his Peace and Laws to their Encrease § 1. N. 4. He will that it be Ordained and Enacted by Authority of this said Parliament Days that every Iustice of Peace within every Shire of this Realm within the Shire where he is Iustice of Peace do cause openly and solemnly to be proclamed yearly four times a year in four principal Sessions the tenor of this Proclamation to this Bill annexed § 1. N. 5. And that every Iustice of Peace being present at any of the said Sessions Justices if they cause not the said Proclamations for to be made in form abovesaid shall forfeit unto our Soveraign Lord at every time twenty shillings § 2. N. 1. Henricus Dei Gratia c. The King our Soveraign Lord considereth Execution how daily within this Realm his Coin is Traiterously Counterfeited Murders Robberies Felonies been greivously committed and done and also unlawful Reteyners Idleness unlawful Plays Extortions Misdemeanings of Sheriffs Escheators and many other Enormities and unlawful Demeanings daily grown more and more within this Realm to the great Displeasure of God Hurt and Impoverishing of his Subjects and to the Subversion of the Policy and good Governance of this his Realm for by these sad Enormities and Mischeifs his Peace is broken his Subjects troubled inquieted and impoverished the Husbandry of this Land decayed whereby the Church of England is upholden the Service of God continued every man thereby hath his sustenance every Inheritor his rent for his Land Process For repressing and avoyding of the said mischeifs sufficient Laws and Ordinances been made by Authority of many and divers Parliaments holden within this Realm to the great cost of the King § 2. N. 2. his Lords and Commons of the same and lacketh nothing but that the said Laws be not put in due execution which Laws ought to be put in due execution by the Iustices of Peace of every Shire of this Realm to whom his Grace hath put and given full authority so to do sith the beginning of his reign Justices And now it is come to his knowledg § 2. N. 3. that his Subjects be little cased of the said mischeifs by the said Iustices but by many of them rather hurt than helped and if his Subjects complain to these Iustices of Peace of any wrongs done to them they have thereby no remedy and the said mischeifs do increase and be not subdued Peace And his Grace considereth § 2. N. 4. that a great part of his wealth and prosperity of his Land standeth in that that his Subjects may live in surety under his Peace in their bodies and goods and that the Husbandry of this Land may increase and be upholden which must be had by due execution of these Laws and Ordinances chargeth and commandeth the Iustices of the Peace of this his Shire to endeavour them to do and execute the tenor of their Commission and the said Laws and Ordinances ordained for the subduing of the premises as they will stand in love and favour of his Grace and in avoyding of the pains that are ordained if they do the contrary Process And moreover he chargeth and commandeth § 2. N. 5. that every man what degree or condition that he be of that let them in word or deed to execute their said authority in any manner and form abovesaid that they shall shew it to his Grace and if they do it not and it come to his knowledg by other than by them they shall not be in his favour but taken as men out of credence and be put out of Commission for ever Execution And over this he chargeth and commandeth all manner of men as well the poor as the rich which be to him all one in due ministration of Iustice that is hurt or grieved in any thing § 2. N. 6. that the said Iustice of Peace may hear determine or execute in any wise that he so grieved make his complaint to the Iustice of Peace that next dwelleth unto him or to any of his fellows and desire a remedy Justices And if then he have no remedy § 2. N. 7. if it be nigh such time as his Iustices of Assizes come into that Shire that then he so grieved shew his complaint to the same Iustices Chancery And if then he have no remedy § 2. N. 8. or if the complaint be made long afore the coming of the Iustices of Assize then he so grieved come to the Kings Highness or to his Chancellor for the time being and shew his grief Process And his said Higness then shall send for the said Iustice to know the cause why his said Subjects be not eased and his Laws executed § 2. N. 9. whereupon if he find any of them in default of executing of his Laws in the premises according to his Highness commandment he shall do him so offending to be put out of the Commission and further to be punished according to his merits Justices And over that his said Highness shall not let for any favour § 2. N. 10. affection cost charge nor other cause but that he shall see his Laws to have plain and true execution and his Subjects to live in surety of their lands bodies and goods according to his said Laws and the said mischeifs to be avoyded that his Subjects may increase in wealth and prosperity to the pleasure of God Measures And that the Iustices of Peace of every Shire of England have full authority and power to inquire hear 7 H. 7. cap. 4. § 1. N. 12. or determine the said defaults viz. in Weights and Measures c. Games And that the Housholder where Dicing Carding Tennis-playing 11 H. 7. C. 2. § 1. N. 14. Bowls Clash or any other unlawful games afore rehearsed shall be used owise than is afore rehearsed viz. in Christmas in the presence of the Master and that lawfully be presented before the Iustices of Peace the Mayor Sheriff in his Turn
or Steward in his Leet or by examination had afore the said Iustices of Peace that Process be made upon the same as upon Indictment of Trespass against the Kings Peace 19 H. 7. cap. 12. § 2. N. 4. § 1. N. 15. And that the said Misdoer be admitted to no Fine under the Sum of 6 s. 8 d. 19 H. 7. cap. 12. § 2. N. 4. Amercement § 1. N. 16. And that it be lawful to two of the Iustices of the Peace Justices whereof one shall be of the Quorum within their authority to reject and put away common Ale selling in Towns and Places where they shall think convenient 19 H. 7. cap. 12. § 2. N. 5. § 1. N. 17. And to take surety of Keepers of Ale-houses Ale of their good behaviour by the discretion of the said Iustices and in the same to be advised and agreed at the time of their Sessions 19 H. 7. Cap. 12. § 2. N. 6. Cap. 3. The King our Soveraign Lord calling to his remembrance Riot that many good Statutes and Ordinances be made for the punishment of Riots unlawful Assemblies Retainers and giving and receiving of Liveries Signs and Tokens unlawfully Extortions Maintenance Imbracery excessive taking of Wages contrary to the Statute of Laborers and Artificers viz. 23 Ed. 3. cap. 1. the use of unlawful Games inordinate Apparel and many other great inconveniencies and offences which been committed and done daily contrary to the good Statutes for many and divers behooful considerations severally made and ordained to the high displeasure of Almighty God and the great let of the Common Law and Weal of this Land notwithstanding generally by the Iustices of the Peace in every Shire within this Realm in the open Sessions is given in charge to inquire of many Offences committed contrary to divers of the said Statutes and divers inquests thereupon there straitly sworn and charged before the said Iustices to inquire of the premises and therein to present the Truth which is letted to be found by embracery maintenance corruption and favour by occasion whereof the said Statutes be not nor cannot be put in due execution 1 H. 8. Cap. 6. § 1. N. 2. For reformation whereof Enquest for so much that before this time the said Offences Extortions Contempts and other the premises might not nor as yet may be conveniently punished by the due order of the Law except it were first found and presented by the verdict of twelve Men thereto duly sworn which for the causes afore rehearsed will not find nor yet present the truth 3 H. 7. Cap. 1. § 1. N. 2. § 1. N. 3. Wherefore be it by the advice and assent of the Lords Spiritual and Temparal and the Commons in this present Parliament assembled Justices and by authority of the same Enacted Ordained and Stablished that from henceforth as well the Iustices of the Assize in the open Sessions to be holden afore them as the Iustices of Peace in every County of the said Realm upon Information for the King before them to be made have full power and authority by their discretion to hear and determine all Offences and Contempts committed and done by any person or persons against the form ordinance or effort of any Statute made and not repealed 1 H. 8. Cap 6. § 1. N. 4. And that the said Iustices upon the said Information Process shall have full power and authority to award and make like Process against the said Offenders and every of them as they should or might make against such person or persons as been presented and indicted before them of Trespass done contrary to the Kings Peace and the said Offender and Offenders duly to punish according to the purport form and effect of the said Statutes § 1. N. 5. Also be it Enacted by the said authority Information that the person which shall give the said Information for the King shall by the discretion of the said Iustices content and pay to the said person or persons against whom the said Information shall be so given his reasonable costs and damages in that behalf sustained if that it be tried or found against him that so giveth or maketh any such Information 11 H. 7. Cap. 7. § 1. N. 18. § 1. N. 6. Provided alway that any such Information extend not to Treason Treason Murder or Felony nor to any other Offence wherefore any person shall lose Life or Member nevertheless by nor upon the same Information any Lands Tenements Goods and Chattels to the Party making the same Information Lieu. Provided also that the said Information shall not extend to any Person dwelling in another Shire than there § 1. N. 7 as the said Information shall be given or made Franchise Saving to every Person and Persons Cities and Towns § 1. N. 8. all their Liberties and Franchises to them and every of them of right belonging and appertaining Measures And two Iustices of Peace Ca. 4. § 1. N. 13. whereof one shall be of the Quorum have authority as well by examination as by inquiry to hear and determine the faults of the said Mayors Bailiffs and other Head Officers in that behalf viz. Of Weights and Measures And also of all Buyers and Sellers doing contrary to this present Act and Ordinance and to set Fine and Amercement upon the Offenders by their discretion 34 Ed. 3. Cap. 5. 7 H. 7. Cap. 4. § 1. N 12. Process Be it also ordained c. § 1. N. 16. That the Iustices of Peace abovesaid have authority to make like Process against all Persons found as is abovesaid defective and for such Fines and Amercements as upon them shall be assess'd as if they were Indicted afore them for breaking of the Kings Peace Riot Prayen the Commons of this our Land in this present Parliament assembled Cap 7. that where for the great rest and tranquility of your said Commons true Liege-men and Subjects inhabited in this your Realm divers and many good Statutes Acts and Ordinances have been made in times past ordained and stablished to subdue and punish Riots for the unlawful raising and leading of People Riots Routs and other unlawful assemblies whereby many evil Deeds Ieoperdies Perils Fear and Dread to your Subjects have grown and thereupon great Penalties set upon the said Rioters and Offenders as in divers remembred Statutes Acts and Ordinances in the days of your noble Progenitors at several times made ordained and provided more at large doth and may appear Franchise Yet the same Acts notwithstanding some Persons not dreading God § 1. N. 2. their Soveraign Lord nor the punishment of the Laws made and had in this behalf oft times as well by colour of such Offices as they have obtained as Receivers Stewards and Bailiffs of Lordships and other Officers as by peny Reteiners by Oath Promise Covenant and otherwise
same Maintainers as the Embracers shall be committed to Ward there to remain by the discretion of the Iustices Statuta Hen. 8. 1 H. 8. cap. 6. A Repeal of a Statute made 11 H. 7. Cap. 3. Oyer giving Authority to Iustices of Assize and Iustices of Peace in their Sessions to hear and determine all Offences and Contempts committed against any Statute in force saving Treason Murder or Felony Cap. 7. § 2. And that the Iustices of Assizes and Iustices of Peace Justices within the County where any such Default of the Coroners be viz. taking any thing for Enquiry of Body slain by Misadventure c. have Authority and Power to enquire thereof and determine the same as well by Examination as by Presentment Cap. 8. § 7. Provided also that this Act Inquest viz. of Returning Offices and Inquisitions by Commission or Escheator c. extend not nor be prejudicial to any Iustices of the Peace for any thing done concerning the Commission of the Peace 3 H. 8. C. 5. § 3. N. 2. And that it be Ordained c. that the Iustices of Peace of every Shire where any such Offenders War viz. that depart from Captain without License during Warr c. be taken have Power to inquire of the said Offences viz. Departure Retainer and Payment of Souldiers and the same hear and determine as they do and may do of Felonies Trespasses and other Offences expressed in the Kings Commission to them made as though the said Offences were done in the same Shire C. 12. § 1. N. 4. Wherefore be it Enacted c that all Pannells to be returned Inquest which be not at the Suit of any Party that shall be made and put in by every Sheriff and their Ministers afore any Iustice of Goal-Delivery or Iustice of Peace whereof one to be of the Quorum in their open Sessions to inquire for the King shall be reformed by putting to and taking out of the names of the Persons which so be Impannelled by every Sheriff and their Ministers by Discretion of the same Iustice before whom such Pannells shall be returned 4 H. 8. Cap. 1 Bulwarks Brays Walls and other Fortifications War shall be made by the Sea-side in Cornwall by the Iustices of Peace Assignment 14 15 H. 8. Cap. 6. § 4. N. 2. And that the said two Iustices of Peace and twelve other discreet Persons viz. of the Hundred Ways where oldway is in Close and new one laid out in Kent by whose Overfight and Assent the said new way c. by Virtue of this Act shall be hereafter Assigned limited and laid out shall within three Months next after the Assignment limitation and laying out of the same make Certificate into the Kings most Honourable Court of Chancery under their Seals of the length and breadth of the same new Way or Street and of other things adjoyning or concerning the same as by their Discretions shall be thought most expedient or requisite for the Common-wealth of that County to be certified C. 10. § 1. N. 3. And that the Iustices of Peace within every Shire Forest at every Sessions of the Peace c. shall have full Authority and Power to inquire of such Offenders viz that trace Hares in the Snow c. § 1. N. 4. And after such Inquisitions found Forfeiture the said Iustices of Peace c. for every Hare so killed shall Sess upon every such Offender 6 s. 8 d. to be for feited to our Sovereign Lord that shall be so found by the Iustices of Peace in their Sessions Riot The President of the Kings Council shall be associate with the Chancellor c. viz. 3 H. 7. Cap. 1. in examination of Riots c. 21 H 8. C. 20. Ways And that the Iustices of Peace in every Shire of this Realm 22 H. 8. C. 5. § 9. N. 3. Franchise City or Borough or four of them at the least whereof one of them to be of the Quorum within the limits of their Commissions and authorities shall have power and authority to enquire hear and determine in the Kings general Sessions of Peace all manner of annoyances of and in such high wayes so being and next adjoyning to any ends of Bridges within this Realm distant from any one of the Ends of such Bridges three hundred foot and to do in every thing and things concerning the making repairing and amending of such High-ways and every of them in as large and ample manner as they might and may do to and for the making repairing and amending of Bridges by virtue and authority of this present Act. Treason Viz. No Convicts of Pety Treason Murder or Felony 23 H. 8. C. 1. § 4. N. 2. c. shall make any purgation but abide in Prison during life Except only such Person or Persons so being within such holy Orders viz. Of Subdeacon or above and convict of and for any of the offences aforesaid and delivered to the Ordinary for the same do find two sufficient Sureties by Recognizances before two of the Kings Iustices of his Peace within the same Shire where the petit Treason Murder or Felony whereof he was convicted was committed and done whereof one of them to be of the Quorum that such Convict shall be of good abearing against the King our Soveraign Lord his Laws and Subjects Every such Convict to be bound in the Sum of 40 l. and every his Sureties in 20 l. 26 H. 8. Cap. 12. § 4. N. 1. Bayl. And that no Surety be taken unless such as may dispend in Lands § 1. N. 3. Tenements or Hereditaments yearly above all charges of Estate of Inheritance of Charter-hold 26 s. 8 d. or else be worth 20 l. in movable substance at the time of the taking of such Recognizance Justices And that two Iustices of Peace § 1. N. 4. whereof one to be of the Quorum by Authority aforesaid have power and authority to take such Recognizances Certificate And that the said Iustices afore whom any such Recognizance shall be taken § 1. N. 5. shall certifie the same into the Kings Bench within four months next after the taking thereof upon pain to lose and forfeit 100 s. for every such default thereof Imprisonment It may therefore please your Highness C. 2. § 1. N. 2. c. viz. For necessity and emendation of Strong Goals to enact that the Iustices of Peace of every of the Shires of Essex Suffolk Dorset Sussex Surrey Nottingham Gloucester Bedford Buckinghem Huntington Wiltshire Kent Warwick Stafford Oxon Berkshire Leicester Rutland Lincoln Hereford Northampton Salop Norfolk and Cornwal or the most part of the said Iustices of Peace in every of the said Shires within the limits of their Commission shall have full power and authority to limit and appoint at any time within the term of one year from the end
of this present Parliament the Towns and Places wherein they shall think most necessary to have a common Goal newly edified and made 2 Inst 705 706. and 5 Eliz. 24. cap. § 3. N. 1. Notice And be it further Enacted § 4. N. 1. That several Commissioners under the Kings great Seal with this present Act thereto affiled shall be directed to the Iustices of Peace of the Shires aforenamed authorizing them to accomplish and execute this present Act according to the tenor thereof in every behalf Imprisonment Be it further Enacted c. § 7. N. 1. That like Provision in every behalf be had for a new Goal to be made within the County of Derby in like form as is provided for other Shires aforesaid Ale And that every Beer-Brewer and Ale-Brewer shall not take over and above for every such Barrel Kilderkin C. 4. § 5. N. 1. or Firkin of Ale and Beer but after such Prizes and Rates as shall be thought convenient and sufficient by discretions of the Iustices of Peace within every Shire where such Beer-Brewer and Ale-Brewer shall dwell without any City Borough or Town Corporate where no head-Officers as Mayors Bailiffs Sheriffs and other head-Officers have no Authority or Rule 8 Eliz. 9. § 5. N. 1. Cap. 5. § 5. N. 2. And before he viz. Commissioner of Sewers shall take upon him the Execution of the said Commission Sewers he shall take a Corporal Oath before the Lord Chancellor or before such to whom the said Lord Chancellor shall direct the Kings Writ of Dedimus Potestatem to take the same or before the Iustices of the Peace in the Quarter Sessions holden in the Shire where such Commissions shall be directed c. Cap. 8. § 2. N. 2. And if it shall happen any person Mettle c. for prosecuting any Suit or Action upon this Statute viz. against Tinners that do not make sufficient Hatches and Tyes for Gravel c. or by occasion of the same hereafter to be imprisoned by any manner of person c. being Officers or Ministers of the Stannery their Deputies or Substitutes that then every of the Iustices of Peace within any of the Counties aforesaid viz. Devonshire or Cornwal wherin the said Prisoner shall happen to be Committed to Prison upon credible Information thereof taking Surety by his descretion for Appearance of such Prisoner at the next general Sessions of the Peace shall have Power c. as well to direct his Warant to the Goaler c. as to any other Person to whom the said Prisoner shall be committed unto commanding him c. upon pain c. of 40 l. to deliver and put at large the said Prisoner c. 27 H. 8. Cap. 23. § 4. N. 1. § 2. N. 6. And if it shall appear upon the Appearance of such Prisoner at the Quarter Sessions by examining of the Iustices of Peace there being Justices that he was imprisoned contrary to the form of this Statute then he shall be forthwith dismissed and thereby discharged and if he were lawfully Imprisoned for any other just Cause then to be remanded to Prison by the discretion of the said Iustices 27 H. 8. Cap. 23. § 4. N. 3. Cap. 1◠§ 3. And be it Enacted c. that the Lord Chancellor of England Sewers c. at all times c. upon request to him to be made by the Mayor and Commonalt◠of the said City viz. of York and Town viz. of Hull or by any other Citizen and Burgess of the said City and Town c. or other person by them under the common Seals of the said City and Town Authorised shall have Power and Authority by his discretion to make and direct like Commission viz. as for Surety unto eight sad and discreet persons whereof four of them be of the Citizens and Inhabitants of the said City and Town and the other four to be Iustices of Peace whereof two to be of the West-Riding and the other two of the East-Riding of the County of York not of Fee nor retained with the said City or Town that they eight seven six five or four of them whereof two of them shall be of the said City and Town and the other two Iustices of Peace the one of the East-Riding the other of the West-Riding of the said County by Virtue of the said Commission shall and may the said Owners assign and appoint to pull up and redress viz. in the River of Ouse and the water of Humber or cause to be pulled up and redressed within thirty days after monition given to the said Owners by the said Commissioners or by such of them taking the charge of the Execution of the said Commission such and as much of the said Fish-gart his and other Impediments to be made in the said Waters viz. of Ouse and Humber to the Let Disturbance Damage or Ieoperdy of any Ships Keyls Boats or any other Vessels passing or repassing to or from the said City of York to the said Town of Hull as by them shall be thought meet and convenient 24 H. 8. C. 1◠§ 2. N. 4. And if the Offence Fowle viz. not endeavouring to destroy Crows Rooks and Choughs be done contrary to this Statute by any person c. which shall dwell and have the Manurance of and in such Mannors Meases Lands Tenements or Hereditaments whereunto such Leets Law-days Rapes and Courts do not belong or by reason whereof any such Courts be not holden that then upon a Presentment thereof had before the Sheriffs c. or Iustices of Peace in their Sessions c. the Iustices of Peace or two of them at the least if the Presentment be before them in their Sessions shall assess and set the said Amerciament after the quantity of the Offence by their discretions c. Justices And further be it Enacted § 5. N. 1. c. That as well the Iustices of the Peace in their Sessions c. to be hereafter holden before them or any of them shall give in Charge to the Tenants and Inhabitants and all other appearing before any of them that they shall duly inquire and put in execution the effect of the Premises in due time viz. yearly so that this Act may be fully executed and Choughs Crows and Rooks thereby destroyed in all parts of this Realm c. Fowle And if any such Owner or Farmer viz. on whose Grounds Rooks § 7. N. 2. Choughs or Crows be killed refuse to pay the said mony accordingly as is aforesaid viz. two pence for twelve a penny for six a half-penny for three old Rooks Choughs or Crows killed then upon Complaint and Proof thereof made to any of the Iustices of Peace or High-Constable the said Iustice of Peace or High-Constable shall cause the said mony to be levyed by distress of the Goods and Cattels of every such Farmer or Owner refusing to pay the same
made 32 H. 8. cap. 7. § 4. N. 1. § 1. N. 6. And to commit the same Person or Persons to ward Imprisonment there to remain without Bail or Mainprise till that he or they shall have found sufficient Surety to be bound by Recognizance or otherwise before the Kings said Counsellor or Iustice of Peace or any other like Counsellor or Iustice of Peace to the use of our said Soveraign Lord the King to give due obedience to the Process Proceedings Decrees and Sentences of the Ecclesiastical Court of this Realm wherein such Suit or matter for the Premises shall depend or be § 1. N. 7 And that every of the Kings said Counsellors Justices or two Iustices of the Peace whereof the one to be of the Quorum as is aforesaid shall have full power and authority by vertue of this Act to take receive and record Recognizances and Obligations in any of the Causes above-written C. 24. § 2. N. 1. And be it also Enacted c. That no Person or Persons of what estate Deputy degree or condition soever they be c. shall have any power or authority to make any c. Iustices of Peace c. Lambert 25. § 2. N. 2. But that all such Officers and Ministers shall be made by Letters Patents under the Kings Great Seal Patents in the name and by the authority of the Kings Highness and his Heirs Kings of this Realm in all Shires Counties Counties Palatine and other places of this Realm Wales and the Marches of the same or in any other of his Dominions at their pleasure and wills in such manner and form as c. Iustices of the Peace c. commonly made in every Shire of this Realm any Grants Vsages Prescription Allowance Act or Acts of Parliament or aâ— other thing or things to the contrary thereof notwithstanding Indictment And that in every Writ and Indictment § 4. N. 1. that shall be made in any such County Palatine or Liberty c. whereby it shall be supposed any thing to be done against the Kings Peace shall be made and supposed to be done only against the Kings Peace his Heirs and Successors and not against the Peace of any other Person or Persons whatsoever they be any Act of Parliament Grant Custome Vsage or Allowance in Eyre before this time had granted or used to the contrary notwithstanding Franchise Provided alwayes that § 5. N. 1. c. Iustices of Peace to be made and assigned by the Kings Highness within the County Palatine of Lancaster shall be made and ordained by Commission under the Kings usual Seal of Lancaster in manner and form as hath been accustomed any thing in this Act to the contrary thereof notwithstanding Corporation Provided also that all Cities Boroughs § 6. N. 1. and Towns Corporate within this Realm which have liberty power and authority to have Iustices of Peace c. shall still have and enjoy their liberties and authorities in that behalf in such like manner as they have been accustomed without any alteration by occasion of this Act any thing in this Act or in any Article therein contained to the contrary thereof notwithstanding Justices And it is Enacted c. That all such Iustices to be made § 16. N. 1. as is afore rehearsed in this Act shall have authority and power to keep and hold their Sessions of Peace c. from time to time only within the same Liberties and Franchises and in such places and in none other places by reason and authority of that Commission and to do and execute all other things within the same in as ample and large manner as any other Iustices of Peace c. in any Shire within this Realm may do and have authority to do any Act Grant Vse Custome and Allowance heretofore had made or used or any Article in this present Act made to the contrary notwithstanding Franchise Provided alwayes That all and singular Iustices of the Peace § 17. N. 1. c. hereafter to be made named and appointed by the Kings Highness his Heirs and Successors within any Liberty where any such Iustice of Peace c. have been made by any person or persons by virtue or authority of any Letters Patents of the Gift or Grant of our Soveraign Lord the King or his most noble Progenitors Kings of this Realm or otherwise shall sit and keep their Sessions c. only in such place and places as the Iustices of the said Liberties lately have commonly used within the said Liberties Corporation And that no Person or Persons within the said Liberties § 17. N. 2. or any of them shall be hereafter in no wise compelled by authority of this Act to appear out of the said Liberties before any other Iustices c. of the Peace then before such Iustices as shall be named and assigned to sit and be by the Kings Highness his Heirs and Successors within the said Liberties in form aforesaid Cinque Ports Provided always and be it Enacted § 20. N. 1. that Thomas now Bishop of Ely and his Successors Bishops of Ely and their temporal Steward of the Isle of Ely for the time being and every of them shall from henceforth be Iustices of Peace within the said Isle and shall use and exercise all manner of things within the same Isle that appertain or belong to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as ample and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding Eccles Persons Provided always and be it Enacted § 21. N. 1. that Cuthbert now Bishop of Durham and his Successors Bishops of Durham and their temporal Chancellor of the County Palatine of Durham for the time being and every of them shall from henceforth be Iustices of the Peace within the said County Palatine of Durham and shall exercise and use all manner of things within the same County Palatine that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as â—â—â—â—ple and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding § 22. N. 1. Provided alwayes and be it Enacted Justices That Edward now Arch-Bishop of York and his Successors Arch-Bishops of York and their temporal Chancellor of the Shire and Liberty of Hexam otherwise called Hextoldsham for the time being and every of them shall from henceforth be Iustices of Peace within the said Shire
and Liberty of Hexam c. and shall exercise and use all manner of things within the said Shire and Liberty that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by vertue and authority that they be Iustices of Peace in as large and ample manner as any other Iustice of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding Cap. 28. 27. § 11. N. 1. And over that it is Enacted Husbandry That all Iustices of Peace in every Shire where every such offence Viz. Of not using Husbandry on dissolved Monastery c. shall be committed and done contrary to the true meaning and intent of this present Act shall in every quarter and general Sessions within the limit of their Commission inquire of the Premises and shall have full power and authority to hear and determine the same 28 H. 8. C. 14. § 4. N. 1. And it is also Enacted Wine That the Iustices of Peace in every Shire of this Realm and all Mayors c and every of them within the limits of their Commissions and authorities as well within Franchises as without shall have power and authority to examine hear inquire and determine the defaults of such as shall attempt to sell any Wines in gross contrary to this Act and to punish the Offenders by Imprisonment or otherwise by their discretions 31 H 8. Ca. 8. § 9. N. 1. Provided also Prerog That if any Proclamation or Proclamations hereafter shall be directed by virtue of this Act viz. For any thing not concerning Inheritance c. to the Iustices of Peace of any Shire or County that then within fourteen dayes after the receipt thereof the same Iusties shall and may by their discretions divide themselves viz. As on Act of Parliament in sundry parts and places within the limits of their Commission for the due and speedy execution of the contents of the same Proclamation or Proclamations C. 14. § 17. N. 3. And also That Iustices of Peace in their Sessions Religion and every Steward Vnder-Steward and Deputy of Steward of any Leet or Law-day in their Leet or Law day shall have like power and authority by virtue of this Act to inquire by the Oaths of twelve lawful men of all and singular the Heresies Contempts and other Offences viz. Against the six Articles c. done perpetrated or committed within the limits of their Commissions and Authorities 1 Ed. 6 Cap. 12 § 4. N. 1. 32 H. 8. Cap. 7. § 4. N. 1. And further be it Enacted c. Tythes That if any Person or Persons after such Sentence definitive given against them Viz. In suit by Ecclesiastical or Lay-man seised of Parsonage c. For tythes obstinately and wilfully refuse for to pay their Tythes or such Sums of Mony so adjudged viz. By the Ordinary wherein they be condemned for the same that then two Iustices of the Peace of the same Shire whereof one to be of the Quorum shall have authority by this Act upon Information Certificate or Complaint to them made by writing by the said Ecclesiastical Iudge that gave the same Sentence to cause the same Party so refusing to be attached and committed to the next Goal and there to remain without Bail or Mainprize till he or they shall have found sufficient Sureties to be bound by Recognisance or otherwise-before the same Iustices to the use of our Sovereign Lord the King to perform the said definitive Sentence and Iudgment 27 H. 8. Cap. 20. § 1. N 5. C. 13. § 8. N. 1. And it is further Enacted c. Cattle That the Iustices of Peace in every Shire Riding and other Place in their Quarter Sessions to be kept and holden by virtue of the Kings Commission of the Peace to them directed and all Stewards of Leets c. shall have authority by this Act to inquire of all defaults Contempts Omissions and Offences contrary to the effects above written c. viz. Of putting in Horses not measure or infected into Forest Common c. Common Which Iustices of Peace in their Quarter Sessions of the Peace shall have power and authority by this Act to hear and determine every such Presentment before themselves found § 8. N. 3. or in any of the said Leets or Lawdays to be presented and certified c. as well by Examination as otherwise Franchise In consideration viz. of the travelling too often of the Gentry c. be it Enacted c. C. 43. § 1. N. 8. That from henceforth the Law and Administration of Iustice and all other things in the said County viz. of Chester in times past used to be had at the said Shire days shall be holden had made done and executed by the Iustices of the said County for the time being at two times in the year only that is to wit at the Sessions next after the Feast of St. Michael the Archangel and at the Sessions next after Easter yearly for ever during so many days of every of the said time or times as need shall require in like manner and form as it is now used in the County Palatine of Lancaster Parliament Henry the Eighth by the grace of God King of England France and Irelend Defender of the Faith and of the Church of England 33 H. 8. pa. 532. and also of Ireland in Earth Supream Head to the honour of Almighty God and for the concord quiet and wealth of this his Realm and Subjects of the same held his most high Court of Parliament begun at Westminster the sixteenth day of January and continued until the first day of April the three and thirtieth year of his most noble and virtuous Reign wherein were established these Acts following Collusion Forasmuch as many light and evil disposed Persons not minding to get their livings by Truth according to the Laws of this Realm Cap. 1. but compassing and devising daily how they may unlawfully obtain and get into their hands and possession Goods Cattel and Iewels of other Persons for the maintainance of their unthrifty living and also knowing that if they come to any of the same Goods Cattles and Iewels by stealth that then they being thereof lawfully convict according to the Laws of the Realm shall die therefore have now of late falsely and deceitfully contrived devised and imagined privy Tokens and counterfeit Letters in other mens names unto divers persons their special friends and acquaintances for the obtaining of Mony Goods Cattels and Iewels of the same persons their friends and acquaintances by colour whereof the said light and evil disposed Persons have deceitfully and unlawfully obtained and gotten great substance of Mony Goods Cattels and Iewels into their hands and Possessions contrary to right and Conscience Coron For reformation
punish the Infringers and Contemners thereof in such wise as is limited by the same have been very remiss and negligent in doing their Offices to the great detriment hurt and prejudice of the Common-wealth Days For Reformation whereof § 1. N. 3. be it Enacted by the King our Soveraign Lord with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same that all and singular the Iustices of Peace within any Shire City Borough or Place within this Realm of England Wales or any other the Kings Dominions shall yearly at the general Sessions of the Peace to be holden next after the Feast of Easter assemble themselves together that is to say every Number of them within the limits of their Commissions wherein they be named Iustices of Peace 37 H. 8. Cap. 7. Peace And at and upon such their Assembly § 1. N. 4. shall diligently together amongst themselves peruse examine study and know the Effects and true Intents of the Laws Statutes Ordinances and Provisions hereafter specified that is to say the Laws and Scatutes heretofore made and provided concerning or in any wise touching Vagabonds Retainers giving Liveries Signs Tokens or Badges Maintenance Imbracery Bowstaves and Archery unlawful Games Forestallers and Regrators Victual-Victualers and Inn-holders and every of them and of all Statutes and Laws made in this present Parliament touching the same or any of them and after the perusing and deliberate understanding of the said Laws Statutes and Ordinances they shall devise among themselves how the same may be best put in due and just Execution 37 H. 8. Cap. 7. § 1. N. 2. Lieu. And for the better proceeding therein § 1. N. 5. they shall divide and sever them selves limiting and assigning alwayâ—s the number of two of them at least or more into Hundreds Wapentakes Rapes Commotes or number of Towns and Villages by their discretions 37 H. 8. Cap. 7. § 1. N. 4. Justices And that the said Iustices so divided § 1. N. 6. or two of them at the least shall in every Quarter of the Year from and after the said Feast of Easter next coming hold and keep within the limits of their Division one Session besides the general Quarter Sessions for the Peace the said one Session to be kept and holden alwayes within the limits of their Division at and in one such day as by them shall be appointed so that it be always six weeks at the least before the Quarter Sessions 37 H. 8. Cap. 7. § 1. N. 7. Dayes And that all Process and Proceedings in every of the said Sessions so to be holden shall be continued from Sessions to Sessions 37 H. 8. Cap. 7. § 1. N. 7. § 1. N. 6. Enquest And that the said Iustices or two of them at the least § 1. N. 8. at and in every such Sessions shall have power and authority to enquire as well by the Oaths of twelve men Inhabitants within the limits of their Division as by any Information given to them by any Person or Persons of all defaults offences or contempts done or committed or hereafter to be done or committed against the Form of any of the Statutes aforesaid and to hear and determin the same 37 Hen. 8. Cap. 7. § 1. N. 7. Outlary And shall also have power and authority upon any Presentment or § 1. N. 9 Information touching the Premises or any of them to make Process by Venire Facias one Capias and an Exigent under the Seals of the same Iustices or two of them against every such Person and Persons against whom any such Information or Presentment shall be had for their appearance afore them in their Sessions to be holden as is aforesaid to answer to such Information or Presentment as shall be there had or made 37. H 8. Cap. 7. § 1. N. 8. §. 1. N. 10. And if the Person or Persons accused by Information or Presentment shall be convict upon any such Information or Presentment by Confession or Verdict of twelve men that then the said Iustices of Peace Execution or two of them afore whom such conviction shall be had shall have power and authority to give Iudgement against every such Offender and Offenders so convict of such pains by imprisonment or such Pains losses and forfeitures of mony or both or any of them as are limited in the said several Statutes for such offences whereof they shall be so convict and cause Execution thereof to be made and had accordingly 37 H. 8. Cap. 7. § 1. N. 9. § 1. N. 11. And also the said Iustices of Peace or two of them Inquest at and in their said Sessions to be holden as is aforesaid shall have power and authority to correct and reform the Pannels of Iuries for any Inquiries to be made afore them touching the said Statutes or any of them in like manner or form as Iustices of Goal-delivery and of Peace may do in their Sessions by vertue of a Statute thereof made in the third year of our most dread Soverign Lord the Kings Raign that now is viz. 3 H. 8. 12. 37 H. 8. Cap. 7. § 1. N. 10. § 1. N. 12. And that the Sheriffs and other Ministers having power to return Pannels Return shall make his and their Returns according to such Reformation and Correction of the Iustices aforesaid upon the Pain limited by the same Statute viz. 3 H. 8. Cap. 12. 37 H. 8. 7. § 1. N. Cap. 11. § 2. N. 1. And it is ordained and enacted by Authority aforesaid Prerog that if any person or persons be Convict as is aforesaid by any Information afore the said Iustices or two of them within the limits of their Division that then the Moity of the Pains Losses and Forfeitures of Mony of the Offenders so Convict shall be to the Kings Majesties use and the other Moity thereof to the Party that persueth such Information according to the tenor and effect of the said several Statutes § 2. N. 2. And if any Conviction be had by reason or upon any Presentment Forfeiture that then the Kings Majesty shall have the whole Pains Fines and Forfeitures of the Offenders all which Pains Fines Losses and Forfeitures of Mony to be due to the King by reason of any Conviction as is aforesaid together with all Issues Fines and Amercements afore the said Iustices within the limits of their Division shall be levyed by the Sheriff or his Ministers by a Schedule Indented to be made between such Iustices or two of them afore whom such Pains Losses and Forfeitures Fines Issues and Amercements shall be lost and forfeit and the said Sheriff § 2. N. 3. The one part of which Schedule Certificate shall be certified by the said Iustices or two of them yearly in the Term of St. Michael into the Kings Exchequer
to the intent that the Sheriff shall there answer the same to the Kings use § 3. N. 1. Provided always and be it Enacted by Authority aforesaid Fees that every of the said Iustices of Peace shall have for holding of every of their said Sessions as is aforesaid 4 s. for their Costs § 3. N. 2. And the Clerk of the Sessions by them to be appointed for the making and writing of the Process and Extracts of the Sessions Offices for every Sessions 2 s. to be paid by the hands of the Sheriff of the Kings part and Portion of the Pains Losses and Forfeitures and of the Issues Fines and Amercements aforesaid § 4. N. 1. Provided always that Iustices of Peace in Cities Corporat Boroughs and Towns Corporate not being Shires or Counties of themselves shall assemble once in the year with the Iustices of Peace of the Shire where such Cities Boroughs or Towns Corporate be and shall be limited to execute this Act within the City Borough or Town Corporate where they shall be Iustices of Peace and not elsewhere Indictment Provided also that no Information or Presentment § 5. N. 1. shall be had or taken by the said Iustices of Peace so divided by Authority of this Act but for such Offences Defaults or Contempts as be or shall be done within the limits of their Division Justices And be it further Enacted by Authority aforesaid § 6. N. 1. that the said Iustices of Peace so divided or two of them within the limits of their Division shall have full Power and Authority to examin inquire hear and determin by Information and Tryal as is aforesaid all Defaults and Contempts which after the Feast of the Nativity of our Lord next coming shall be done or committed by any Servants commonly called Yeomen or Grooms Husbandmen Labourers and Artificers or any of them against the tenor form and effect of the Statutes and Laws made for excessive Apparel and to correct and punish the Offenders therein being thereof Convict afore them as is aforesaid according to such Pains Forfeitures and Punishments as is limited by the said Laws and Statutes of Apparrel to be levyed paid and certifyed as is aforesaid Wales And it is further Enacted by the Authority aforesaid § 7. N. 1. that as well the Iustices of Assize as the Iustices of Chester and the Kings Iustices of North-Wales and South-Wales in all and singular their Circuits shall have full Authority and Power by the force of this present Act to inquire as well by Information as by Presentment before them of the Defaults Contempts Omissions Negligences Favours Affections Corruptions and other things whatsoever they shall be of all and singular the said Iustices of Peace which shall not diligently truly and duly see put and cause the said good Laws and Statutes Ordinances and Provisions to be put in due Exercise and perfect Execution according to the effects as well of the said Statutes heretofore made as of this present Act and to hear examin and determin the same as is aforesaid Amercement And to assess such Fines upon the said Iustices of Peace § 7. N. 2. and upon every of them being Convict of any Defaults Negligences and Offences as is aforesaid as to their discretion shall be thought expedient for the Quality and Quantity of their Offences Officers And be it Enacted by the Authority aforesaid that all Sheriffs § 8. N. 1. Bayliffs Constables Head-Boroughs and all and singular other Officers and Ministers whatsoever as well within Liberty as without shall be attendant aiding and assisting to all and singular the said Iustices of Peace in and for the due Execution of this Act upon Pain to make such Fines as by the said Iustices of Peace or two of them shall be assessed to the Kings use by their discretions Justices Provided always § 9. N. 1. that this Statute shall not bind any Iustice of Peace or of Quorum to assemble or execute any thing in this Act or in any other Shire City Borough or place then in such Shire City Borough or place where he shall be resident and dwelling at that time when such Assembly shall be made by vertue of this Act Appearance Provided also § 10. N. 1. that such Lords and others which being Iustices of Peace or Quorum be or shall be of the Kings Privy Council attendant upon his Royal Person or any Principal Officer of his Highness House attendant upon his Office and other which shall happen to be appointed in his Highness Service by his Majesties Commandment shall not be compelled to assemble with the Iustices of Peace or Quorum in any Shire City or Borough or otherwise bounden to do or exercise by Authority of this Act than they be bound to do afore the making of this Act any thing or things contained in this Act to the contrary notwithstanding Prerog Provided also that the Iustices of either Bench § 11. N. 1. Barons of the Kings Exchequer the Kings Attorny and Solicitor and all other Iustices Officers and Ministers being bound to attend at the Terms shall not during their such attendance be compelled to hold or keep any Sessions in the limits divided to them upon the Assembly of the Iustices of Peace as is aforesaid Days And to the intent that the said Iustices Barons § 12. N. 1. and all other Officers and Ministers aforesaid may the better be once in the year at every Assembly aforesaid it is therefore Ordained by Authority of this Act that the Quarter Sessions holden after Easter shall be yearly kept upon the Tuesday next after Low-Sunday in every Shire of this Realm Wales and other the Kings Dominions § 13. N. 1. Provided always Franchise that this Act or any thing therein contained shall not in any wise extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge nor to any Town-Corporate or Liberty within either of the said Counties Palatine having Iustices of Peace for or concerning the extracting returning certifying or levying of any Issues Fines Forfeitures Amercements or Penalties to be assessed or taxed upon any person or persons in any Sessions to be holden within the said Counties Palatine or either of them or within any Town-Corporate situate and being within either of the said Counties Palatine § 13. N. 2. But that the same Issues Fines Forfeitures Amercements Amercements and Penalties and every of them may be assessed taxed extracted returned certifyed and levyed from time to time hereafter in such manner and form to all intents and purposes as they and every of them have been used to be assessed taxed extracted returned certifyed and levyed at any time before the making of this Act or should be assessed taxed extracted returned certifyed and levyed if this Act had never béen
in such behalf shall and may at all times hereafter assesse tax extract return levy claim have and enjoy all manner such Issues Fines Amerciaments Forfeitures and other penalties and every of them to all such uses and purposes and in like manner and form in every behalf as they or any of them have lawfully used to do and have or might have done and had at any time before the making of this present Act by vertue of any Grant to them or any of them heretofore made or granted or otherwise by vertue of any Custom or lawful Vsage thereof heretofore used in every behalf this Act or any therein contained to the contrary notwithstanding § 21. N. 1. 34 35 H. 8. C. 1. § 3. N. 4. This Act to continue to the latter end of the next Parliament Days And Viz. if any Printer c. or any Person Books c. be of any the Offences aforesaid viz. printing uttering or using Books or Religion in Interludes Prohibited c. Convicted by sufficient Witness before any two of the Kings Council or the Ordinary of the Diocess where any such offence shall be committed and two Iustices of the Peace of the same Shire where any such Ordinary shall sit within his Diocess for that purpose c. § 3. N. 5. Shall have for the first time Imprisonment Forfeiture c. for three months and also lose c. 10 l. c. § 19. N. 1. And be it further Enacted That if any Spiritual Person c. Preach Religion Teach Defend and Maintain any Matter c. Contrary to the godly Instructions or determinations which since viz. 1540. is or shall be set forth by his Majesty c. being thereof convicted before the Ordinary of that Diocess within the which the said offence shall be committed and two Iustices of the Peace c. shall before the first time be admitted to recant c. § 25. N. 2. And in case any such Iustices being so required Justices c. viz. by the Ordinary on notice of time and place of sitting c. having convenient and reasonable warning and knowledge in writing from the said Ordinary c. do not come to such place and at such time as shall be so appointed having no lawful and just Impediment to the contrary shall forfeit and lose to the Kings Highness for every such Offence 40 s. to be Estreated c. C. 3. § 1. N. 11. And the said Offender viz. in false measure of Coals Talwood Measures Faggots or Billets c. out of the said City Borough or Town to be punished by the discretion of two Iustices of Peace inhabiting within the Shire where the Offence shall be committed or done C. 14. § 2. N. 1. In Consideration whereof Records Viz. of the Incertainty where to have Records of Justices of Peace Goal-delivery Oyer and Terminer c. Be it Enacted c. that the Clerk of the Crown Clerks of Peace and Clerks of Assize c. where any such Attainder Outlary or Conviction viz. of Murder Robbery or other Felony c. shall so be had shall c. not only certify a Transcript c. before the King c. in his Bench at Westminster in the County of Midlesex there to remain of Record forever c. but also shall deliver a Transcript of every such Indictment whereupon the said person c shall fortune hereafter so to be convicted or Clerks attainted to the Ordinary to whom the body of the said person c. shall be committed § 4. N. 1. And be it Enacted Certificate c. that the said Clerk of the Crown in the Kings Bench c. shall at all such times as the Iustices of Goal-delivery or Iustices of Peace in every County within this Realm of England do write unto him for the names of such persons which be so attainted by Outlawry or Clerks attainted or convict and certified in the said Bench of our said Soveraign Lord the King shall incontinently without delay certify the said Names and Sirnames of the said persons with the Causes why and wherefore they were convict or attainted unto the Iustices of Goal-delivery or Iustices of Peace upon the pain c. to forfeit for every Name of such persons which shall be so written for and not certified by the said Clerk of the Crown in the Kings Bench to the said Iustices forty shillings 35 H. 8. Cap. 5. § 1. N. 6 Or viz. none to be arraigned for Offence against 31 H 8. Cap. 14. § 9. Religion N. 2. c. but on Presentment c. before the Iustices of Peace sitting in their Sessions or three of them at the least C. 17. § 7. N. 2. And if the Lord viz. that would inclose Wood of Common Woods c. and the said Tenants and Inhabitants or the most part of them cannot will not or do not assent consent and agree for and upon the severing dividing setting out meeting and bounding of the said fourth part of the said Woods and Vnder-woods Viz. to be left out c. or of as much thereof as shall amount to the full fourth part thereof that then two Iustices of the Peace not being of the Kin Allyance Council or Fee of or to the said Lord or Owner being thereto appointed by the more number of the Iustices of Peace of the Shire where the said Ground or Soyl lyeth in their open Quarter Sessions upon Request and Suit made unto them by the Lord or Owner or by his or their lawful Depuy or Deputies of the said Woods Vnder-woods Grounds or Soyl shall have full Power and Authority to call before them upon such Pains and Penalties as the said Iustices shall limit and appoint such twelve of the said Commons and Inhabitants nigh unto the same Woods or Vnder-woods as by the discretion of the said two Iustices shall be thought meet and convenient Common And upon or after the appearante of the same Lords Owners § 7. N. 3. Commons and Inhabitants or the most part of them the same Iustices shall open and declare unto the same Lord Owner Commons and Inhabitants the Cause of their Assembly and Appearance and that done shall by the Advise and Assent of the said Lord Owner Commons and Inhabitants or their lawful Deputy or Deputies or the most part of them effectually proceed to the severing dividing meeting and bounding of the said fourth part of the said Woods and Vnder-Woods or of so much thereof as shall amount to the fourth part thereof Justices And if the same Iustices Owners § 7. N. 4. Commons and Inhabitants or the most part of them cannot or will not agree upon the Division c. that then the said Iustices shall have full Power and Authority by this Act to sever divide and set out by meets and bounds the fourth part of the said Woods and Vnder-woods or so
their Letters Patents have given and granted any Liberty and Authority or otherwise have Authority by other lawful means or ways to ordain make and constitute any of the said Officers of Custos Rotulorum or Clerk of the Peace within any County Palatine or other place and may have and enjoy the same Liberty and Authority according as they have enjoyed the same any thing in this present Act had or made to the contrary notwithstanding Parliament Where in the Parliament begun at Westminster the sixteenth day of January in the three and thirtieth year of the Kings Majesties Reign Cap 7. viz. 33 H. 8. Cap. 10. § 1. N. 3. it was Enacted amongst other things that all and singular Iustices of the Peace within any Shire City Borough or place within this Realm of England Wales or any other the Kings Dominions should yearly at the general Sessions of the Peace to be holden next after the Feast of Easter assemble themselves together that is to say every number of them within the limits of their Commissions wherein they be named Iustices of the Peace c. Justices And forasmuch as the Kings most loving Subjects are much Travailed and otherwise Incumbred § 2. N. 1. in comming and keeping of the said six weeks Sessions to their Costs Charges and Vnquietness Be it therefore Enacted by the King our Soveraign Lord § 2. N. 2. with the Assent of the Lords Spiritual and Temporal and the Commons of this present Parliament assembled and by the Authority of the same that the said former Act made in the said three and thirtieth year of the Kings Majesties Reign viz. 33 H. 8. Cap. 10. and all Ordinances Articles Provisions and things therein contained shall be from henceforth repealed Inquest annulled and utterly voyd and of none effect to all Intents Constructions and Purposes § 2. N. 3. And that all and every Article therein contained viz. in 33 H. 8. Cap. 10. Justices shall be by vertue hereof inquired of before all Iustices of Peace at their August Quarter Sessions § 2. N. 4. And that the same Iustices of Peace at their said Quarter Sessions shall have like Power and Authority by vertue hereof to punish and reform all and every such Offence and Offences in like manner and form as they might have done by vertue of the said former Act made in the said three and thirtieth year of the Kings Reign viz. 33 H. 8. Cap. 10. Statuta Edw. 6. Religion AND for full and effectual Execution of c. this Act 1 Ed. 6. C. 1. § 1 N. 7. viz. against Reviling the Sacrament c. be it furthermore Enacted c. that c. the Iustices of Peace or three of them at the least whereof one of them to be of the Quorum in every Shire of this Realm and Wales and all other places within the Kings Dominions shall have full Power c. as well to take Information and Accusation by the Oaths and Depositions of two able honest and lawful persons at the least Days And after such Accusation or Information so had § 1. N. 8. to inquire by the Oaths of twelve men in every their four Quarter Sessions yearly to be holden of all and singular such Accusations or Informations to be had or made of any of the Offences abovesaid c. within the limits of their Commission Indictment And that upon every such Accusation and Information the Offender § 1. N. 9. c. shall be inquired of and indicted before the said Iustices of Peace or three of them at the least c. of the said Contempts and Offences by the Verdict of twelve honest and indifferent men if the matter of the said Accusation and Information shall seem to the said Iury good and true Justices And it is also further Enacted § 2. N. 1. c. that the said Iustices of Peace or three of them at the least c. before whom any such Presentment Information and Accusation shall be made or taken c. shall examin the Accusers what other Witnesses were by and present at the time of the doing and committing of the Offence c. and how many others than the Accusers have knowledge thereof â—ecogniâ—â—nce And shall have Power c. by their discretions § 2. N. 2. to bind by Recognizance to be taken before them as well the said Accusers as all such other persons whom the said Accusers shall declare to have knowledge of the Offences by them presented and informed every of them in five pounds to the King to appear before the said Iustices of the Peace before whom the Offender c. shall be tryed at the day of the tryal and deliverance of such Offenders § 3. N. 1. And it is further Enacted Process c. that the said Iustices of Peace or three of them at the least c. shall have full Power c. to make Process against every person and persons so Indicted by two Capias and an Exigent and by Capias Utlagatum as well within the limits of their Commission as into all other Shires and Places of this Realm Wales and other the Kings Dominions as well within Liberties as without c. § 3. N. 2. And upon the Appearance of any of the Offenders shall have full power Religion c. to determin the Contempts and Offences aforesaid viz. in reviling the Sacrament c. According to the Laws of this Realm and the effects of this Act. § 3. N. 3. And that the said Iustices c. or three c. at the least Bayl. c. shall have full Power c. to let any such person c. so Indicted upon sufficient Sureties by their discretions to Bail for their appearance to be tryed c. § 4. N. 1. Provided always and be it Enacted Ordinary that the said Iustices of the Peace or three of them at the least at their Quarter Sessions where any Offender c. shall be c. Indicted c. shall direct and award one Writ in the Kings Name to the Bishop of the Diocess wherein the said Offences c. are supposed to be committed or done willing and requiring the said Bishop to be in his own person or by his Chancellor or other his sufficient Deputy learned at the Quarter Sessions in the said County to be holden when and where the said Offender shall be arraigned and tryed appointing to them in the said Writ the Day and Place of the said Arraignment C. 5. § 2. N. 1. And be it further Enacted c. that it shall be lawful Merchants c. to all and every the Kings Iustices of Peace in every Shire as well in England as in Wales in their Quarter Sessions to inquire of all and every Offence or Offences hereafter to be perpetrated committed or done contrary to this Act viz. In conveying Horses
number of evil disposed persons did come and joyn themselves to the said small number whereby the same evil disposed persons took upon them such boldness that they would not be reduced to obedience without much blood shedding to the great danger of the Kings Majesties person where if the Kings loving Subjects durst have taken upon them to have suppressed them at the beginning such inconvenience of blood-shed should not have followed 1 Mar. 1. St 2. Cap. 12. § 7. N. 1. § 8. N. 2. Therefore it is also Ordained and Enacted by the Authority aforesaid Justices that if any persons above the number of two that at any time after the said twelfth day of February shall be unlawfully and of their own authority assembled together to the intent with force of Arms to do practice or put in ure any of the things above mentioned that then it shall be lawful to every Iustice of Peace and to every Sheriff in any County being within the Kings Dominions and to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate for the time he shall be in Office or any other person or persons having the Kings Commission or Letters from his Highness or his Privy Council as well to raise and assemble the Kings loving Subjects in manner of War to be arrayed in such great number as he or they then shall think meet or able to the intent by Violence and Strength to suppress apprehend and take the said persons that so shall be unlawfully assembled 1 Mar. 1. St. 2. Cap. 12. § 7. N. 2. § 8. N. 3. And that if the said persons so unlawfully assembled Process after such Commandment or Request by Proclamation or otherwise made shall continue together and not endeavour themselves to return towards their Habitations Houses or Places from whence they came in such short time as they may conveniently that then it shall be lawful to every Iustice of Peace Sheriff and also to every Mayor Bailiff and other Head-Officer of any City or Town-Corporate and to every other Person having Authority as aforesaid after such Commandment or Request by Proclamation made and to such persons as shall be assembled with any Iustice of Peace or Sheriff or with any Mayor Bailiff or other Head-Officer of any City or Town Corporate and with every other person having Authority as is aforesaid to suppress apprehend and take those persons so unlawfully assembled which after such Request made shall continue together and not endeavour themselves to return towards their Habitations or Places from whence they came 1 Mar. 1. St. 2. Cap. 12. § 7. N. 3. Coron And that if the said persons so unlawfully assembled together or any of them shall fortune to be killed slain maimed or hurt § 8. N. 4. in or about the suppressing or taking of them that then every such Iustice of Peace Sheriff Mayor Bailiff and other Head-Officer and every other person having Authority as is aforesaid and all and singular persons by him or them assembled shall be free discharged and unpunishable as well against the King as against all and every other person and persons of for or concerning the killing slaying maiming and hurting of any person or persons so unlawfully assembled that shall fortune to be killed slain maimed or hurt about or by occasion of suppressing or taking of them 1 Mar. 1. St. 2. Cap. 12. § 7. N. 4. Copy-holder And furthermore be it Enacted by the Authority aforesaid § 9. N. 1. that all and every Copy-holder or Customary-Holder being Artificer Husband-man or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in that behalf they declaring their said Authority or being required by the immediate Lord or Lords of whom such Copy-holds or Customary holds then shall be holden to serve the Kings Majesty for any the causes above rehearsed and refuse so to do shall only during the Life of such person or persons so refusing forfeit and lose to his or their Lord or Lords of whom such Copy or Customary-holds then shall be immediately holden and should be holden during the Life of such person or persons so refusing in Case he or they had not so refused all their Copy-holds and Customary-holds 1 Mar. 1. St. 2. Cap. 12. § 8. N. 1. Seisure And that it shall be lawful to every such Lord or Lords § 9. N. 2. their Heirs or Assigns of whom such Copy-holds or Customary-holds shall be immediately holden and should have béen holden in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Copy-holds and Customary-holds so holden of them or any of them immediately and to retain the same during only the Life of every such Offender or Offenders in such manner and form as he or they should have had the Rents or Services of such Copy-hold or Customary-hold in Case such person or persons so refusing had not refused 1 Mar. 1. St. 2. Cap. 12. § 8. N. 2. â—orfeiture And that all and every Farmer being a Yeoman Husbandman § 9. N. 3. Artificer or Laborer and being of the age of eighteen years or more and under the age of forty years not sick impotent lame maimed ne having any other just or reasonable excuse or cause to the contrary and being required by the Sheriff Iustice or Iustices of the Peace or other having Authority by this Act or by Commission or Letters as is aforesaid in this behalf they declaring their said Authority or being required by their Land-Lord or Land-Lords for the time being to whom the Rents of such Farms shall be then rising coming or growing to serve the Kings Majesty for any the Causes above rehearsed and refuse so to do shall during only the Life of such Farmer or Farmers so refusing forfeit and lose to such Land-Lord and Land-Lords as should have had the Rents of such Farmers during the Life and Lives of such person or persons so refusing all their said Farms 1 Mar. 1. St. 2. Cap. 12. § 9. N. 1. Entrie And that it shall be lawful to every such Land-Lord and Land-Lords § 9. N. 4. their Heirs and Assigns to whom the Rents of such Farms should have been due during the Life of such person or persons so refusing in case such person or persons had not so refused by vertue of this present Act to enter and take into his or their Hands or Possession all such Farms and to retein the same during only the Life of every such Offender or Offenders 1 Mar. 1. St. 2. Cap. 12. § 9. N. 2.
every Shire County and Town-Corporate within this Realm in their Sessions within their several limits of their Commission and Stewards of Leets Liberties and Law-days within their several Iurisdictions shall and may by vertue hereof hear inquire and determine of all and every Offence or Offences viz. of taking Fesant or Partridge in the Night with Nets or before Corn Shockt c. which shall be committed within the precinct of their Liberties Iurisdictions or Franchises against the Tenor of this Act. Leet And further § 5. N. 2. that every Iustice of the Peace within every County of this Realm shall within the limits of his Commission have Power and Authority by vertue hereof to examine all Offenders in the Premises viz. taking Fesant or Partridge in the Night with Nets or before Corn Shockt within the County where he is or shall be Iustice if so be that the said Offence or Offences shall not before be heard or determined by the Iustices of Assize in their Circuits or by the Stewards of Leets Liberties or Law-days within their said several Iurisdictions § 5. N. 3. And also take Bond with good Sureties for his and their Appearance that shall so offend Recogniz to appear at the next general Sessions of the Peace to be holden in the same County where the same Offence shall be committed to answer the said Offence and to pay the Penalties or receive the Punishment by this Act appointed or limited 27 Eliz. C. 2. § 13. N. 2. And that if such Iustice of Peace Pope c. to whom such matter shall be discovered viz that Jesuit-Priest c. remain in this Realm do not within eight and twenty days then next following give Information thereof to some of the Queens Privy-Council or to the Presedent of the Queens Council established in the North or in the Marches of Wales for the time being that then he or they so offending shall for every such Offence forfeit the sum of two hundred Marks C. 7. § 3. N. 1. And be it further Enacted c. that Iustices of Oyer and Terminer Inquest c. Iustices of Assize c. and Iustices of Peace as well within Liberties as without within the limits of their Commission shall by vertue of this present Act have full Power and Authority to inquire hear and determine all and evrey the Offences aforesaid viz. Abuses in collecting Issues lost by Jurors of the same Name not summoned committed c. within the several limits circuit and precinct of their several Commission c. and to award forth Process of Execution for the levying of the Forfeitures C. 12. § 6. N. 1. And be it further Enacted Sheriffs c. that the Iustices of Assize and Iustices of Peace in their open Sessions shall have full Power within the limits of their Authority to hear and determin the Defaults done contrary to this Act viz. of Under-Sheriffs Bailiffs Clerks c. not taking their Oaths c. as well by Presentment and Information as Indictment C. 13. § 2. N. 7. And that the same Moity viz. against Hundreds that do not make Fresh-Suit after Robbery shall and may be recovered by Action of Debt Bill Fresh suit Plaint or Information in any of the Queens Majesties Courts of Record at Westminster by and in the Name of the Clerk of the Peace for the time being of or in every such County within this Realm where any such Robbery and Recovery by Party or Parties robbed shall be without naming the Christian-name or Sirname of the said Clerk of the Peace §. 5. N. 1. For Remedy Execution c. viz. of Contribution for Party on whom Execution is done c. be it Enacted c. that after Execution of Dammages by the party or parties so Robbed had it shall and may be lawful upon complaint made by the party or parties so charged to and for two Iustices of the Peace whereof one to be of the Quorum of the same County inhabiting within the said Hundred or near unto the same where any such Execution shall be had to assess and tax rateably and proportionably according to their discretions all and every the Towns Parishes Villages and Hamlets as well of the said Hundred where any such Robbery shall be committed as of the Liberties within the said Hundred to and towards an equal Contribution to be had and made for the Relief of the Inhabitant or Inhabitants against whom the Party or Parties robbed before that time had his or their Execution C. 24. § 2. N. 1. For Remedy c. be it Enacted Sewers that c. the Iustices of Peace within the County of Norfolk shall and may yearly at any general Sessions to be holden within the said County for and towards the making and amening of the said Sea-banks or Sea-works now being or that hereafter shall be in ruin or decay limit and appoint so many of the aforesaid Day-works viz. by 2 3 Ph. Mar. Cap. 8. 5 Eliz. Cap. 13. § N. 18 Eliz. Cap. 10. § N. Appointed for the Amendment of High-ways as by their discretions shall be thought superfluous and not needful to be imployed towards the Amendment of the aforesaid High-ways within three Miles of the said Sea-banks or Sea-works which shall needfully require any such reparation or amendment Information And that all Suits 31 Eliz. C. 5. § 7. N. 2. c to be persued upon any Statute for using any unlawful Game or for not using any lawful Game Games Or for not having Bows and Arrows according to the Law § 7. N. 3. Apprentice Or for using any Art or Mistery in which the Party hath not been brought up according to the Statute viz. 5 Eliz. Cap. 4. § 31. N. 1. § 7. N. 4. in that behalf made Justices Shall be sued and prosceuted in the general quarter Sessions of the Peace or Assizes of the same County where the Offence shall be committed or otherwise inquired of heard and determined in the Assizes § 7. N. 5. or general Quarter Sessions of the Peace of the same County where such Offence shall be committed or in the Leet within which it shall happen and not in any wise out of the same County where such Offence shall happen or be committed Poor And be it further Enacted c. that all Iustices of Assizes C. 7. § 4. N. 1. Iustices of Peace in their open Sessions and every Lord within the Precinct of his Leet and no others shall have full Power and Authority within their several Limits and Iurisdictions to inquire of hear and determine all Offences contrary to this present Act viz. of Cottages as well by Indictments as otherwise by Presentment or Information Execution And to award Execution for the levying of the several Forfeitures § 4. N. 2. c. by Fieri facias Elegit Capias or
Inholders hereafter to be committed against the form of this present Statute C. 22. § 7. N. 1. Provided nevertheless and be it Enacted Victuals c that if the Iustices of the Peace of any of the Counties of this Realm of England or the Dominion of Wales at their Quarter Sessions of any of the said Counties shall declare and publish in open Sessions that the Traders aforesaid in Butter and Cheese viz. from London c. shall forbear to buy any Butter and Cheese for any time within the said County or Counties or within any Parts or Places of the same that then for and during the time of such Restraint the said Traders in Butter and Cheese that shall buy any such Butter viz. above a Barrel or Cheese viz. above a Weigh and sell the same again by Retail contrary to the Acts aforesaid viz. 3 4 Ed. 6. Cap. 21. § 2. N. 1. and 5 6 Ed. 6. Cap. 14. § 3. N. 1. shall not be freed of or from any Penalties of the said Acts but shall be subject to the same as if this Act had never been made Statuta Car. 1. Games AND that any one Iustice of the Peace of the County 1 Car. 1. Cap. 1. § 1. N. 5. or the Chief Officer or Officers of any City Borough or Town-Corporate where such Offence viz. of resorting to Sports on the Sunday c. shall be committed upon his or their View or Confession of the Party or Proof by one or more Witness by Oath which the said Iustice or Chief-Officer or Officers shall by vertue of this Act have Authority to Minister shall find any offending in the Premisses the said Iustice or Chief-Officer c. shall give Warrant under his or their Hand and Seal to the Constables and Church-wardens of the Parish c. where such Offence shall be committed to levy the said Penalty so to be assessed by way of Distress and Sale c. rendring to the said Offenders the overplus c. and in default of such Distress that the party offending be set publickly in the Stocks by the space of three hours Religion The said Offences Viz. Travailing 3 Car. 1. C. 1. 2. § 1. N. 4. or Killing or Selling Victual on Sunday and every of them being done in view of any Iustice of Peace Mayor or other Head-Officer of any City or Town-Corporate within their Limits respectively or being proved upon Oath by two or more Witnesses or by the Confession of the Party offending before any such Iustice Mayor or Head-Officer within their several Limits respectively wherein such Offence shall be committed to which end every such Iustice Mayor or Head-Officer shall have Power by this Act to minister an Oath to such Witness or Witnesses Forfeitures All which sums c. viz. of twenty shillings forfeit for travailing § 1. N. 5. and six shillings and eight pence for killing or selling Meat on Sunday c. shall or may be levyed by any Constable or Church-warden by Warrant from any â—uch Iustice or Iustices of Peace Mayor or other Head-Officer c. within their several Limits where such Offence shall be committed or done by distress and sale of the Offenders Goods c. or shall be recovered by any person c. by Bill Plaint or Information in any of his Majesties Courts of Record in any City or Town-Corporate before his Majesties Iustices of the Peace in their General Sessions of the Peace Poor All which Forfeitures shall be imployed to and for the use of the Poor of the Parishes where the said Offences shall be committed or done § 1. N. 6. saving only that it shall be lawful to and for any such Iustice Mayor or Head-Officer out of the said Forfeitures to reward any such person c. that shall inform or otherwise prosecute any person c. offending against this present Act according to their discretions so that such Reward exceed not the third part of the Forfeiture Ale Which Law viz. 5 6 Ed. 6. Cap. 25. § 4. 5. hath not wrought such Reformation as was intended C. 3. 4. § 1. N. 6. for that the said Fine of 20 s. is seldom levyed and for that many of the said Offenders by reason of their Poverty are neither able to pay the said Fine of 20 s. nor yet to bear their own charges of conveying them to the Goal and moreover do leave a great charge of Wife and Children upon the Parishes wherein they live in regard whereof the Constables and other Officers are much discouraged in presenting them and the Offenders become obstinate and incorrigible Licence For remedy whereof be it Enacted c. that if any § 2. N. 1. c. shall upon his own Authority not being thereunto Lawfully licenced take upon him or them to keep a Common Ale-house or Tipling-house or use commonly selling of Ale or Beer Cyder or Perry that then every such c. shall for every such Offence forfeit and lose c. 20 s. to the use of the Poor of the Parish c. the same Offence being viewed and seen by any Mayor Bailiff or Iustices of Peace or other Head-Officer within the several Limits or confessed by the Party so offending or approved by the Oath of two Witnesses to be taken before any Mayor Bailiff or other Head-Officer or any one or more Iustice or Iustices of the Peace who by vertue of this Act shall be authorized to minister the said Oath to any c. that can or will justifie the same being within the limits of their said Commission § 2. N. 2. The said Penalties to be levyed by the Constables or Church-wardens of the Parish c. where the said Offence shall be committed Forfeiture who shall be accountable therefore to the use of the Poor of the said Parish by way of distress to be taken and detained by Warrant or Precept from the said Mayor Bailiff Iustice or Iustices or other Head-Officer by whom the said Offence shall be viewed or before whom the same shall be confessed or proved as aforesaid § 2. N. 3. And for default of satisfaction within three days next ensuing Process the said Distress to be by the said Constables or Church-wardens apprised and sold and the overplus to be delivered c. and this to be only for the first Offence § 2. N. 4. And if such Offender Imprisonment c. shall not have sufficient Goods and Chattels whereby the said 20 s. may be levyed by way of distress as aforesaid or shall not pay the said sum c. within six days after such Conviction as aforesaid that then the said Mayor Bailiff Iustice or Iustices or other Head-Officer before whom the said Offender shall be convicted as aforesaid shall commit all and every the said Offender c. to some Constable c. or other inferior Officer c. of the City Borough Town Parish
to punish the Offender by Fine not exceeding one Hundred pounds and the Offender is to remain in Prison till he be discharged by order of the Exchequer both of the Fine and of the Imprisonment or discover the Person that set him on work to the End he may be legally proceeded against Merchants And further that in Case any Carman Porter Waterman or other Person § 7. N. 3. c. shall assist in the taking up or Landing Shiping off or carrying away any such Goods Wares or Merchandize viz. not Landed in the presence of an Officer of the Customes c. that then such Carman Porter Waterman or other person or persons so offending being apprehended by Warrant of any Iustice of the Peace for that County City or Borough which the said Iustices and every of them are hereby Authorized to Issue and to Examine Witnesses upon Oath concerning that fact and the same being proved by the Oath of two Witnesses the said Offender for such first Offence shall and may by such Iustice of the Peace be committed to the next Goal there to remain till he and they find sufficient Surety to be of the good Behaviour for so long time until he and they shall be thereof discharged by the Lord Treasurer Chancellor under Treasurer and Barons of the Exchequer Imprisonment And in Case he or they viz. Carmen Porters or Watermen c. so Convicted shall afterwards at any time Offend in like kind N. 4. viz. taking up Goods landed without presence of Customer c. that then he and they shall and may by any Iustice of Peace as aforesaid be committed to the next Goal there to remain for the space of two months without Bail or Mainprise or until he shall pay unto the Sheriff of that County the Sum of five pounds to the use of his Majesty or until he shall by the Lord Treasurer Chancellor under Treasurer or Court of Exchequer be thence discharged Poor Be it therefore Enacted C. 12. § 1. N. 4. c. That it shall and may be lawful upon complaint made by the Church-wardens or Overséers of the Poor of any Parish to any Iustice of Peace within forty dayes after any such person c. viz. Vagrant coming so to settle as aforesaid in any Tenement under the yearly value of ten pounds for any two Iustices of the Peace whereof one to be of the Quorum of the Division where any such person c. that are likely to be chargeable to the Parish shall come to Inhabit by their Warrant to remove and convey such person or persons to such Parish where he or they were last legally settled either as a Native Householder Sojourner Apprentice or Servant for the space of forty dayes at the least unless he or they give sufficient Security for the discharge of the said Parish to be allowed by the said Iustices Error Provided alwayes that all such persons who think themselves agrieved by any such Iudgment of the said two Iustices § 2. N. 1. may appeal to the Iustices of the Peace of the said County at their next Quarter Sessions who are hereby required to do them Iustice according to the merits of their Cause Husbandry And in such Case viz. of Harvest work c. if the person § 3. N. 2. c. shall not return to the place aforesaid viz. of last abode or shall fall sick or impotent whilest he or they are in the said work it shall not be accounted a settlement c. but that it shall and may be lawful for two Iustices of the Peace to convey the said person c. to the place of his or their Habitation c. under the pains and penalties in this Act prescribed Poor And if such person c. shall refuse to go N. 3. or shall not remain in such Parish where they ought to be settled c. but shall return of his own accord to the Parish from whence he was removed It shall and may be lawful for any Iustice of the Peace of the City County or Town Corporate where the said Offence shall be Committed to send such person c. to the House of Correction there to be punished as a Vagabond or to a publick work-house in this present Act hereafter mentioned there to be Imployed in Work or Labour N. 4. And if the Church-wardens and Overséers of the Poor of the Parish Justices to which he or they shall be removed refuse to receive such person c. and to the provide work for them as other Inhabitants of the Parish any Iustice of the Peace of that Division may and shall thereupon bind any such Officer c. to the Assizes or Sessions there to be Indicted for his or their contempt in that behalf § 5. N. 1. And for the said places within the Weekly Bills of Mortality in the said Counties of Middlesex and Surrey respectively Corporation there shall be elected and chosen by the major part of the Iustices of the Peace for the said Counties in their respective Quarter Sessions Assembled out of the most able and honest Inhabitants and Fréeholders of every of the said Counties of Middlesex and Surrey respectively a President a Deputy President a Treasurer and Assistants for the Corporation c. or Work-houses c. and that upon the vacancy by death or otherwise c. the power to Elect others in their Rooms be in the major part of the respective Iustices of Peace who in their General Quarter-Sessions from time to time shall accordingly supply such vacant places N. 2. And that at every Quarter-Sessions Account they shall require and take an Account in Writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation c. or Work-houses how and how many poor People have been Imployed and set to work in the year last past and what stock there was and is remaining § 6. N. 2. And it shall and may be lawful for the major part of the Iustices of Peace in their Quarter-Sessions Justices to signifie unto His Majesties Privy Council the Names of such Rogues Vagabonds Idle and Disorderly persons and sturdy Beggers as they shall think fit to be Transported to the English Plantations N. 3. And upon the Approbation of His Majesties Privy Council to the said Iustices of Peace signified what persons shall be Transported it shall and may be lawful for any two or more of the Iustices of the Peace them to Transport or cause to be Transported from time to time during the space of thrée years next ensuing the End of this present Sessions of Parliament to any of the English Plantations beyond the Seas there to be disposed of in the usual way of Servants for a term not excéeding seven years § 7. N. 3. With which Tax viz. made by Justices of Liberty or County for stock for the Poor if
any c. find him or themselves Agrieved Error supposing the same to be unequal he or they shall and may make their Complaint known to the Iustices of Peace at the next Open Sessions who shall take such open order therein as in like Cases is already by the Law provided § 8. N. 1. And it is further Enacted c. That it shall and may be lawful Taxes to and for any two Iustices of the respective Counties of Middlesex and Surrey by their Warrant under their Hands and Seals to Authorize the Church-wardens or Overseers for the Poor c. to demand gather and receive of every person c. such Sum c. as shall be Assessed upon them c. N. 2. And for default of payment within ten dayes after Process c. demand thereof made or notice in Writing left at the dwelling House or Lodging c. to levy the same by Distress and Sale c. § 12. N. 1 Provided the said Orders and By-Laws Corporation viz. made by the Corporations for the Poor c. shall from time to time be presented to the Iustices of Peace in their Quarter Sessions Assembled to be allowed by the major part of them and confirmed by order of the said Court § 15. N. 1. Be it therefore Enacted c. That in case any Constable Headborough or Tithingmen shall dye or go out of the Parish any two Iustices of the Peace Constable may make and swear a new Constable Headborough or Tythingman until the said Lord viz. of the Leet shall hold a Court or until next Quarter Sessions who shall approve of the said Officers so made and sworn as aforesaid or appoint others as they shall think fit N. 3. And if any Officer shall continue above a year in his or their Office Justices that then in such Case the Iustices of Peace in their Quarter-Sessions may discharge such Officers and may put another fit person in his or their place until the Lord of the Mannor shall held a Court c. Poor Be it therefore Enacted § 16. N. 2. c. that it shall and may be lawful to and for any Iustice of the Peace to whom any Rogue Vagabond or sturdy Beggars so apprehended shall be brought to reward any c. that shall apprehend any Rogue Vagabond or sturdy Beggar by granting c. an Order or Warrant under his Hand and Seal to the Constable Headborough or Tithingman of such Parish where such Rogue c. passed thorough unapprehended requiring them to pay such person c. the Sum of two shillings for every Rogue c. which shall be so apprehended Constable And if such Constable c. refuse or neglect to pay the two shillings N. 3. c. that then the said Iustices of the Peace or any other Iustice or Iustices of Peace shall procéed against any such Constable c. according to the said Statutes viz. 39 Eliz. 4. 1 Jac. 7. and to compel him to pay c. by c viz. 1 Jac. 7. § N. and to allow out of the said Forfeiture the said two shillings and such reasonable means and allowances for the loss of time as they shall think fit Forfeiture And if any c. shall apprehend any Rogue c. at the Confines of any County which passed thorough any Parish of another County unapprehended § 17. N. 1. it shall be lawful for such person c. to go to some Iustice of Peace of that County through which such Rogue c. passed unapprehended who is hereby required upon a Certificate under the Hand of some Iustice of Peace of the County where such Rogue c. was apprehended to grant his Order or Warrant under his Hand and Seal requiring the said Constable c. to pay c. the Sum of two shillings which if he shall refuse or neglect to do then such Iustice is hereby required to procéed against such Constable c. and to cause him to pay x s. or so much thereof for his expenses and loss of time as the said Iustice of the Peace shall think fit to such which he hath forfeited by the Statute viz. 39 Eliz. 4. Taxes Which rate viz. by Constables Church-wardens c. for Charges § 18. N. 3. c. being confirmed under the Hands and Seals of any two Iustices of the Peace c. the said Constable c. shall have power by Warrant under the Hands and Seals of two Iustices of Peace to Levy by Distress and Sale of the Goods of any person refusing to pay the same c. Bastardy Be it therefore Enacted § 19. N. 2. c. That it shall and may be lawful for the Church-wardens and Overséers for the poor of any Parish where any Bastard-Child shall be born to take and seize so much of the Goods and Chattels and to receive so much of the Annual rents and profits of the Lands of such puâ—ative Father or lewd Mother as shall be ordered by any two Iustices of Peace c. for or towards the discharge of the Parish to be confirmed at the Sessions for the bringing up and providing for such Bastard-Child Process And thereupon it shall be lawful for the Sessions N. 3. to make an Order for the Church-wardens or Overseers for the poor of such Parish to dispose of the Goods by sale or otherwise or so much of them for the purposes aforesaid as the Court shall think fit and to receive the rents and profits or so much of them as they shall be ordered by the Sessions as aforesaid of his or her Lands Justices And be it further Enacted § 22. N. 1. c. that the Iustices of Peace within the said Counties viz. of Lancashire Cheshire Derbyshire York shire Northumberland Durham Cumberland and Westmerland c. shall have and enjoy such and the like Powers and Authorities to raise and Levy Monies and to do and execute all and every such other act and thing whatsoever within every Township or Village within the said County where they are Iustices as is given c. within any Parish c. in and by the said Act c. viz. 43 Eliz. 2. under such and the like pains and penalties c. Merchants And be it further Enacted c. that C. 13. § 3. N. 1. c. upon Complaint and Information given to the Iustices of Peace or any or either of them within their respective Counties Cities and Towns Corporate at times reasonable he or they are hereby Authorised and Required to Issue forth his or their Warrants to the Constables of their respective Counties Cities and Towns Corporate to enter and search for such Manufactures in the Shops being open or Ware-houses and Dwelling-houses of such person or persons as shall be suspected to have any such Forreign Bonelaces Imbroyderies Cutwork Fringe Band-strings Buttons or Needlework within
their respective Counties Cities and Towns Corporate and to seize the same any Act Statute c. notwithstanding C. 15. § 2. N. 2. Viz. None to be Silk-Thrower unless seven years Apprentice Drapery upon pain that every person so Offending contrary to this Act shall pay c. forty shillings for every month c. the one Moiety c. to the use of his said Majesty c. and the other c. to such c. as shall sue for the same in any of the Courts of Record within this Realm c. or before any the Iustices of Oyer and Terminer or the Iustices of the Peace at their Quarter Sessions of the Peace by Action of Debt Bill Plaint or Information c. § 6. N. 2. Be it further Enacted c. That every such silk winder and doubler Collusion who shall at any time hereafter unjustly or deceitfully and falsely Purloin Imbezil Pawn Sell or Detain any part of Silk delivered c. by any Silk-thrower or other person to them or any of them to wind or double that in every such Case c. as well the Winder or Iourneyman so offending as the buyer c. receiver c. of such Silk being thereof lawfully Convicted by confession of the party c. or by one Witness upon Oath before one or more of the Iustices of Peace of the County or Liberty where the same Offence c. shall be committed or if it be within any City or Town Corporate before the Mayor c. who by force of this Act are Impowered c. to minister the same Oath and finally to hear and determine all and every the Offences aforesaid and to give and make to the party c. Grieved such recompence and satisfaction for such their Damage and Loss and Charges thereabouts as by the said Iustice or Iustices or chief Officers shall be ordered and appointed § 7. N. 1. Provided that no more Damage be given Damages c. then the party grieved shall prove he is damnified and hath expended in looking after the same and if the party c. so offending shall not be able c. to make recompence c. within fourtéen days next after such Conviction c. as by the Iustice c. or chief Officers shall be ordered c. then the party c. so offending for the first Offence shall be apprehended and whipped or set in the Stocks in the place where the Offence is Committed or in some Market Town in the said County near unto the place c. as shall be limitted and appointed by the said Iustice or Iustices of the Peace or chief Officers and for the second Offence to incur the like or such further punishment by whipping or being put in the Stocks as the said Iustice or Iustices of the Peace or chief Officers shall in their Discretion think fit and convenient C. 18 § 12. N. 1. And for the better execution of this Act Merchants viz. against Exportation of Sheeps Wool Woolfels Mortlings Shorlings Yarn made of Wool Wool-flocks Fullers Earth fulling Clay or Tobacco-pipe Clay c. Be it further enacted That all Iustices of Assize c. and Iustices of Peace shall Inquire of all the Premisses in their General Quarter Sessions and hear and determine the same C. 20. § 1. N. 2. Be it notwithstanding viz. 12 Car. 2. 24. § 13. Enacted c. that Purveyance c. as often as the Service of his Majesties Navy or Ordnance shall require any Carriages by Land c. upon notice given in Writing by Warrant under the Hand and Seal of the Lord High Admiral c. of two or more of the principal Officers or Commissioners of his Majesties Navy c. the Master c. the Lieutenants of his Majesties Ordnance for the providing of Carriages for the respective Service of the Navy or Ordnance unto two or more Iustices of the Peace dwelling near unto the place where the said Carriages shall be required the said Iustices of the Peace may and shall immediately Issue forth their Warrants unto such of the adjacent Parishes Hundreds or Divisions as they shall judge fit within their respective Counties and Divisions not being above Twelve miles distant from the place of Lading for the sending to a certain place and at certain times to be specified and appointed in the said Warrants such numbers of Carriages with Horses or Oxen sufficient for the said service as by the Lord High Admiral c. or by the Master or Lieutenant of his Majesties Ordnance c. or by the principal Officers or Commissioners of his Majesties Navy respectively c. shall be by writing under their Hands and Seals required Cap. 22. Whereas a great Number of lewd Scotland disorderly and lawless persons being Thieves and Robbers who are commonly called Moss-Troopers have successively for many and sundry years last past béen bred resided in and frequented the Borders of the two respective Counties of Northumberland and Cumberland and the next adjacent parts of Scotland and they taking the opportunity of large wast Grounds Heaths and Mosses and the many Intricate and Dangerous wayes and by-paths in those parts do usually after the most notorious Crimes committed by them escape over from the one Kingdom into the other respectively and so avoid the hand of Iustice in regard the Offences done and perpetrated in the one Kingdom cannot be punished in the other 29 30 Car. 2. 2. War And whereas since the time of the late unhappy Distractions § 2. N. 1. such Offences and Offenders as aforesaid have excéedingly more increased and abounded and the several Inhabitants of the said respective Counties have béen for divers years last past necessitated at their own frée and voluntary Charge to maintain several Parties of Horse for the necessary defence of their Persons Families and Goods and to the end the aforesaid evil and pernitious members might be apprehended and brought to Iudgment Taxes And whereas the most part of the Inhabitants of the said Counties N. 2. being more remote from the Borders then other persons and consequently not so much exposed to eminent dangers as others are therefore unwilling to contribute their proportionable parts of the aforesaid Charge and yet notwithstanding it cannot probably or possibly be Avoided but that those Inhabitants of the respective Counties who hold themselves most secure most certainly sustein much Damage and Detriment in their Goods and Estates in case the aforesaid Moss-Troopers be not timely suppressed but suffered to grow numerous strong and potent which they must needs do in case there be no restraint upon them Scotland Be it Enacted N. 3. c. That from and after the Feast of St. Michael the Archangel which shall be in the year of our Lord One thousand six hundred sixty and two for and during the term of Five years next ensuing the date of this present
Artists viz. Gagers Measures c. shall be appointed c. which c. shall take an Oath which Oath any one Iustice hath hereby power to administer to take and compute the Iust Contents and Gage of all Coppers Fatts Tuns Backs and Corters and all other Brewing Vessels of that nature c. § 8. N. 1. And be it further Enacted that no Commissioner Farmer or sub-Commissioner for the Excise or Common Brewer of Ale or Beer to sell Justice or Inn-keeper whatsoever shall c. have power to act in or execute as a Iustice of Peace any of the Powers Clauses or things contained in any of the Laws made for and concerning the Excise or in this present Act and if any c. shall presume to act or Execute any thing contrary hereunto it is hereby further declared that all such things so acted or executed by any of them are and shall be utterly void and null to all intents and purposes §. 15. N. 1. And be it further Enacted c. that c. no Person or Persons shall be permitted to Sell of Retail any Coffée Chocolet Sherbet or Tea License without License first obtained and had by order of the General Sessions of the Peace in the several respective Counties Certificate being first shewed that they have given good Security for the due payment of their dues to the King or the Chief Magistrate of the Place in whose Iurisdiction he or they do or shall Inhabit or Dwell for the selling or retailing of the same § 16. N. 3. All and every of which said respective Offences viz. of Bribery of Gagers or other Officers of Excise shall be proved by the Oaths of two Lawful and Credible Witnesses before two Iustices of the Peace or chief Magistrate of the Place where such Offence shall be Committed Proof which said Iustices or Magistrates respectively have hereby power to administer the said Oaths and also to examine adjudge and determine the same and to cause such Penalties by Warrants under their Hands and Seals to be levied by Distress and Sale of the Offenders goods rendring to the Party the overplus and for want of such Distress to commit every such Offender to the Common Goal of such County or Place there to remain by the space of thrée months without Bail or Mainprise § 19. N. 1. Provided also and be it further Enacted Error c. That no appeal in any Cause of Excise whatsoever shall be admitted until the party appellant shall have first deposited and laid down the single duty of Excise in the Hands of the Commissioners Farmers or sub-Commissioners of Excise within whose Iurisdiction or Division the said Cause was originally heard and determined and have given Security to the Commissioners of the appeal or Iustice of Peace respectively where such Cause is to be finally adjudged for all such Fine Forfeiture and Penalty as upon such hearing and determination was adjudged against him N. 2. And that if upon the hearing and determining of any such appeal Costs the said original Iudgment shall happen to be reversed and made null then and in every such Case the said Commissioners Farmers or Sub-Commissioners of Excise in whose hands the said single duty of Excise was deposited shall restore and deliver back the same or as much thereof as shall be adjudged by the Commissioners of Appeals or Iustices of the Peace respectively to the said appellant and the Party originally prosecuted shall pay him the double Costs Lieu. Provided also and be it Enacted That all Differences § 22. N. 1. Appeals and Complaints that shall happen and arise betwéen party and party in order to the payment of the duty of Excise shall be heard and determined in the proper County or in the several Ridings and Divisions of York-shire and Lincoln-shire where they shall arise and not elsewhere Justices And be it further Enacted § 24. N. 1. c. That the Iustices of the Peace or any two or more of them or Chief Magistrates in the several Counties Cities Divisions and Places within England and Wales respectively shall meet once in every month in there respective Divisions or oftner if their shall be occasion to hear and determine and to adjudge all matters and offences against this or the aforesaid Acts viz. 12 Car. 2. Cap. 23. 24. Taxes Be it therefore Enacted C. 13. § 1. N. 2. c. viz. against obstructions of 13. 14. Car. 2. 10. That the Iustices of Peace of the respective Counties Corporations Places and Limits within their respective Iurisdictions at the next Sessions to be held after the Feast of St. Michael the Archangel next ensuing or the major part of them then present shall Issue out Warrants under their Hands and Seals to the respective High Constables or other like next Officer who shall Issue the like Warrants unto the petty Constables Headboroughs and Tythingmen requiring them on the next Sunday after Morning Service ended to give publick notice in the Church or Chappel Generally to all the Inhabitants and also to give notice publickly in the Church and particularly as aforesaid to every Inhabitant within their respective Precincts that shall then be occupier of any House Edifice Lodging or Chamber that within ten dayes next after such notice he give a true and just Account in writing under his Hand of all Hearths and Stoves in such respective House Edifice Lodging and Chamber to such respective Constable Headborough and Tythingman Certificate Which viz. the Account of Hearths taken and received by Petty Constable N. 5. Headborough and Tythingman being so received by such respective High Constable or other like Officer as aforesaid and compared together shall within six dayes after such receipt be transmitted to the two next respective Iustices of the Peace who are hereby Impowered to examine the said respective High Constable or other like Officer as aforesaid Petty-Constable Headborough or Tything-man upon Oath concerning the truth and faithfulness of their Actings in the Premisses which being done the said Iustices shall within ten dayes after such Examination sign and transmit the said Book and Roll together with the said original Accounts so endorsed as aforesaid and filed together unto the respective Clerk of the Peace who shall within Twenty dayes next after the receipt thereof engross the said Book or Roll in Parchment to be still kept in the respective County and Places aforesaid and shall also within two months engross in Parchment a true Duplicate of the said Book or Roll which being signed by him and by two Iustices of the Peace at least of the respective County and Places aforesaid shall be transmitted within one month after such Engrossment into his Majesties Court of Exchequer Alien And all Forreigners that shall really and bona fide set up and use any of the Trades and Manufactures aforesaid viz. Weaving C. 15. § 3. N. 1.
Hemp-dressing Netts and Tapestry hangings c. shall c. taking the Oaths of Allegiance and Supremacy before two Iustices of the Peace near unto their Dwellings who are hereby Authorised to administer the same enjoy all priviledges whatsoever as natural-born Subjects Common Provided also and be it further Enacted c. That if any C. 17. § 53. N. 1. c. having a right of Common in any of the Mannors Wasts Commons or Lands within the said Great Level of the Feus called Bedford Level or any other Person or Persons whatsoever at any time after such Division or Inclosure made or set out as aforesaid viz. by Commissioners c. shall break throw down disturb obstruct or by any means hinder or lay open the said Improvements and Inclosures at in or after the making thereof or the Hedges Ditches or Fences of the same or any part thereof shall destroy and shall be thereof Convicted by two Credible Witnesses upon Oath before two Iustices of the Peace of the County where such disturbance or destruction shall be made every such person c. shall forfeit for every such Offence xx l. to be Levied by distress upon the Goods and Chattels of every such Offender c. by Warrant under the Hands and Seals of the said Iustices of the Peace before whom such Conviction shall be made c. or for want of sufficient Distress the Offender shall be Committed to the House of Correction or Common Goal for Thrée Months without Bail or Mainprise at the said Iustices discretion Statuta 16 Car. 2. 16. Car. 2. 3. § 2. N. 7. ANd if they viz. the Officers for search and view of Fire-Hearths c. shall find any Variance in the Number retorned both the Officer Taxes c. and the Constable or Tythingman c. to certifie the same under his and their Hands to the Clerk of the Peace which Certificate they are hereby enjoyned to make N. 8. And after approbation thereof by the Iustices of Peace at their Sessions Certificate the same shall be Certified to his Majesties Remembrancer in the Exchequer § 4. N. 2. And in Case of violent opposition or Injury done by any Peace to any such Officer or his Deputy in the due Execution of this Act and the same proved by Oath before any one Iustice of the Peace or Chief Magistrate c. of the City Town or Place Dwelling near unto the Place who are hereby Authorized to Administer the said Oath It shall and may be lawful to and for such Iustice of the Peace c. or Magistrates to punish such Offender c. if he shall find cause by Imprisonment in the Common Goal for any time not exceeding the space of one month â—§ 8. N. 1. And if any Question or difference shall arise about the taking any distress or levying any Money by Vertue of this Act viz. of Fire-Hearths Process c. the same shall be heard and finally determined by one or more of the Iustices of the Peace near adjoyning or Chief Magistrate of the Place respectively upon complaint in that behalf § 9. N. 2. And the Iustices of Peace and Chief Magistrates Constables and other his Majesties Officers within their several Limits and Iurisdictions Justices are hereby Authorized and required to give assistance from time to time to such Officers as shall be appointed c. for the Collecting of the said Duty c. § 10. N. 1. Provided that no person Taxes c. shall be questioned for any Arrears due on or before our Lady day c. viz. 1664. who shall produce to the Collector a Certificate approved or to be approved of by the two next Iustices of the Peace for their Exemption from the said duty for that time according to the rules prescribed in the said first recited Act. viz. 13 14. Car. 2. 10. N. 2. Nor any Person who hath truly paid the said duty and shall if it be required Proof make proof thereof before any one Iustice of the Peace or other Chief Magistrate of the Peace c. C. 4. § 3. N. 1. Be it Enacted Religion c. That if any Person of the Age of Sixtéen years or upwards being a Subject of this Realm c. shall be present at any Assembly Conventicle or Méeting under colour or pretence of any Exercise of Religion in other manner then is allowed by the Liturgy or practice of the Church of England c. at which Conventicle c. there shall be five Persons or more Assembled together over and above those of the same Household then it shall and may be lawful to and for any two Iustices of Peace of the County Limit Division or Liberty where such Offence aforesaid shall be Committed or for the Chief Magistrate c. if it be within a Corporation where there are not two Iustices of the Peace and they are hereby required and enioyned upon proof to them or him respectively made of such Offence either by Confession of the Party or Oath of Witnesses or notorious Evidences of the fact which Oath the said Iustices of the Peace and Chief Magistrate respectively are hereby Impowered and required to administer to make a Record of every such Offence and Offences under their Hands and Seals respectively N. 2. Which Record so made as aforesaid Process shall to all Intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such Offence and thereupon the said Iustices and Chief Magistrate respectively shall commit every such Offender so Convicted as aforesaid to the Goal or House of Correction there to remain without Bail or Mainprise for any time not excéeding the space of thrée months unless such Offender shall pay down to the said Iustices or Chief Magistrate such Sum of Money not excéeding Five pounds as the said Iustices or Chief Magistrate who are thereunto Authorized and required as aforesaid shall fine the said Offender at for his or her said Offence c. Indictment And be it further Enacted c. that if any § 4. N. 1. c. shall at any time again Commit the like Offence c. then such Offender so Convict of such second Offence shall Incur the penalty of Imprisonment in the Goal or House of Correction for any time not excéeding Six months without Bail or Mainprise unless such Offender shall pay down to the said Iustices or Chief Magistrate such Sum of Money not excéeding Ten pounds as the said Iustices or Chief Magistrate c. shall Fine the said Offender at c. Imprisonment And be it further Enacted c. That if any such Offender so Convicted of a second Offence c. shall at any time again Commit the like Offence § 5. N. 1. c. then any two Iustices of the Peace and Chief Magistrate c. shall Commit every
to pay and provide fit Persons to oversee and set such Prisoners on work N. 3. And make such Orders for accounts of and concerning the Premisses as shall by them be thought néedful and for punishment of neglects and other abuses Justices and for bestowing of the profit arising by the labor of the Prisoners so set on work for their relief which shall be duely observed and may alter revoke or amend such their Orders from time to time N. 4. Provided Taxes That no Parish be rated above Six pence by the Wéek towards the Premisses having respect to the respective values of the several Parishes § 2. N. 2. For some remedy c. Be it c. Enacted Imprisonment That any Sheriff of the respective Counties viz. where numbers of Prisoners Plague or Diseases are c. having the Custody of the Goal or such Persons who have the Custody of the Goal with the Advice and Consent of three or more Iustices of the Peace whereof one to be of the Quorum may if they shall on Inquiry or Information find it needful upon Emergent occasions in the respective Counties provide other safe Places for the removal of Sick or other Persons from and out of the ordinary and usual Goals Statuta 20 Car. 2. 20 Car. 2. 3. § 5. N. 2. ANd whensoever any Wood or Timber shall at any time Wood. c. be directed to be fallen in any part of the Wasts of the said late Forest viz. of Dean in Gloucestershire Inclosed or not Inclosed the same shall be first viewed and allowed to be fallen by two or more of the Iustices of the Peace for the said County unconcerned in the Premisses and shall not be Cut or Fallen until the same be viewed and allowed by such two or more Iustices as fit and convenient to be Cut and Fallen and that the said Iustices shall have marked with a broad Arrow and Crown that it may remain to be séen as they are hereby required and Impowered to do so many and such Trées as are the most fit to be preserved for growth for Timber upon every Acre intended to be Fallen and also shall have Certified as they are hereby likewise required to do unto the Lord Treasurer or Lords Commissioners of the Treasury for the time being the names of the Places and number of Trées so viewed and allowed to be fallen and so marked to be preserved as aforesaid Cattle And also that it shall and may be Lawful to and for any Iustice of Peace of the County C. 7. § 5. N. 5. or Chief Officer of the Port-Town in or near the place where such Importation viz. of Irish Cattle c. shall be made or where any of the Cattle Shéep Swine Béef Pork or Bacon so Imported shall be driven or brought by Warrant under the Hand and Seal of such Iustice or Chief Officer to cause to be apprehended all and every the Masters Mariners and Seamen having Charge of or belonging to such Ship or Vessel in which such Importation shall be made and all and every other Person and Persons acting or imployed in the landing driving attending on or taking care or charge of the said Cattle Shéep Swine Beef Pork or Bacon Importer as aforesaid and them to Commit to the Common Goal of the said County there to remain without Bail or Mainprise for the space of thrée Months Statuta 22 Car. 2. Religion BE it Enacted c. That if any Person of the Age of Sixteen years or upwards being a Subject of this Realm 22. Car. 2. 1. § 1. N. 2. c. shall be present at any Assembly Conventicle or Méeting under Colour or Pretence of any Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England in any Place within c. viz. England Wales or Berwick at which Conventicle c. there shall be Five Persons or more Assembled together over and besides those of the same Househould c. It shall and may be Lawful to and for any one or more Iustices of the Peace of the County Limit Division Corporation or Liberty wherein the Offence aforesaid shall be Committed or for the Chief Magistrate c. and he and they are hereby required and enjoyned upon proof to him or them respectively made of such Offence either by Confession of the Party or Oath of two Witnesses which Oath the said Iustice and Iustices of the Peace and Chief Magistrate respectively are hereby Impowered and required to Administer or by notorious Evidence and Circumstance of the Fact to make a Record of every such Offence under his or their Hands and Seals respectively Certificate Which Record so made as aforesaid N. 3. shall to all Intents and purposes be in Law taken and adjudged to be a full and perfect Conviction of every such Offender for such Offence and thereupon the said Iustice c. and Chief Magistrate respectively shall Impose on every such Offender so Convict as aforesaid a Fine of Five shillings for such first Offence which Record and Conviction shall be Certified by the said Iustice c. at the next Quarter-Sessions of the Peace for the County or Place where the Offence was Committed Amercement Which Fine c. for the first and every other Offence shall be Levyed by Distress and Sale of the Offenders Goods and Chattels § 2. N. 2. or in the Case of the poverty of such Offender upon the Goods and Chattels of any other c. who shall be then Convicted in manner aforesaid of the like Offence at the same Conventicle at the discretion of the said Iustice c. so as the Sum so to be Levied on any one Person in Case of the poverty of other Offendors amount not in the whole to above c. Ten Pounds upon occasion of any one Meeting c. And every Constable Headborough Tythingman N. 3. Church-wardens and Overseers of the Poor respectively Constable are hereby Authorized and required to Levy the same accordingly having first received a Warrant under the Hands and Seals of the said Iustice Iustices or Chief Magistrate respectively so to do N. 4. The said Monies so to be Levied to be forthwith delivered to the same Iustice Forfeitures c. and by him or them to be distributed the one third part thereof to the use of the Kings Majesty his Heirs and Successors to be paid to the High-Sheriff of the County for the time being in manner following That is to say the Iustice c. of Peace shall pay the same into the Court of the respective Quarter-Sessions which said Court shall deliver the same to the Sheriff and make a Memorial of Record of the payment and delivery thereof which said Memorial shall be a sufficient and final discharge to the said Iustice c. and a Charge to the Sheriff which said Discharge and Charge shall be
Certified into the Exchequer together and not one without the other and no Iustite shall or may be questioned or accountable for the same in the Exchequer or elsewhere then in the Quarter-Sessions c. § 3. N. 2. And if the said Preacher or Teacher so Convicted be a Stranger Process or his Name and Habitation not known or is fled and cannot be found or in the Iudgment of the Iustice Iustices or Chief Magistrate before whom he shall be Convicted shall be thought unable to pay the same the said Iustice c. are hereby Impowered and required to Levy the same by Warrant as aforesaid upon the Goods and Chattels of any such Persons who shall be present at the same Conventicle any thing in this or any other Act Law or Statute to the contrary notwithstanding c. § 6. N. 1. Provided also and be it further Enacted Error That in all Cases of this Act where the Penalty or Sum charged on any Offender excéeds the Sum of Ten shillings and such Offender shall find himself agrieved it shall and may be lawful for him within one Week after the said Penalty or Money charged shall be paid or Levied to appeal in writing from the Person c. Convicting to the Iudgment of the Iustices of the Peace in their next Quarter-Sessions N. 2. To whom the Iustice Justices c. that first Convicted such Offender shall return the Money Levied upon the Appellant and shall Certifie under his and their Hands and Seals the Evidence upon which the Conviction past with the whole Record thereof and the said Appeal N. 4. And in Case such Appellant shall not prosecute with Effect Costs or if upon such Tryal he shall not be acquitted or Iudgment pass not for him upon his said Appeal the said Iustices at the Sessions shall give trebble Costs against such Offender for his unjust Appeal N. 5. And no other Court whatsoever shall Intermeddle with any Cause or Causes of Appeal upon this Act Certiorari but they shall be finally determined in the Quarter-Sessions only § 7. N. 1. Provided alwayes and be it further Enacted Recognizance That upon the delivery of such Appeal as aforesaid the person Appellant shall enter before the person c. Convicting into a Recognizance to prosecute the said Appeal with effect N. 2. Which said Recognizance the Person c. so Convicting Certificate is hereby Impowered to take and required to Certifie the same to the next Quarter-Sessions N. 3. And in Case no such Recognizance be Entred into Bail the said Appeal to be null and void § 9. N. 1. And be it further Enacted c. That the Iustice c. of the Peace and Chief Magistrate respectively or the respective Constables Process Headboroughs and Tithingmen by Warrant from the said Iustice c. shall and may with what aid force and assistance they shall think fit for the better Execution of this Act after refusal or denial to enter break open and enter into any House or other place where they shall be Informed any such Conventicle as aforesaid is or shall be held as well within Liberties as without N. 2. And take into their Custody the Persons there unlawfully Assembled Imprisonment to the Intent they may be proceeded against according to this Act. N. 3. And that the Lieutenants or Deputy-Lieutenants or any Commissioned Officer of the Militia or other of his Majesties Forces War with such Troops or Companies of Horse and Foot and also the Sheriffs and other Magistrates and Ministers of Iustice or any of them jointly or severally within any the Counties or Places within c. viz. England Wales or Berwick with such other Assistance as they shall think méet or can get in readiness with the soonest on Certificate made to them respectively under the Hand and Seal of any one Iustice of the Peace or Chief Magistrate of his particular Information or knowledge of such unlawful Méeting or Conventicle held or to be held in their respective Counties or Places and that he with such Assistance as he can get together is not able to suppress and dissolve the same shall and may and are hereby required and enjoyned to repair unto the Place where they are so held or to be held and by the best means they can to dissolve dissipate or prevent all such unlawful Méetings and take into their Custody such and so many c. as they shall think fit c. Priviledge Provided alwayes that no Dwelling House of any Peer of this Realm §. 10. N. 1. where he or his wife shall then be resident shall be searched by vertue of this Act but by Immediate Warrant from his Majesty under his Sign Manual or in the presence of the Lieutenant or one Deputy-Lieutenant or two Iustices of Peace whereof one to be of the Quorum of the same County or Riding Constable And be it further Enacted c. That if any Constable Headborough § 11. N. 1 Tythingman Church-warden or Overséer of the Poor who shall know or be credibly Informed of any such Meeting c. held within his Precincts Parishes or Limits and shall not give Information thereof to some Iustice of the Peace or the Chief Magistrate and endeavour the Conviction of the Parties according to his duty but such c. or any c. lawfully called in aid c. shall wilfully and wittingly omit the performance of his duty in the Execution of this Act and be thereof Convicted in manner aforesaid he shall forfeit c. Five pounds c. Justices And that if any Iustice of Peace or Chief Magistrate shall wilfully and wittingly omit the performance of his duty in the Execution of this Act N. 2 he shall forfeit c. one hundred pounds c. Certificate And in Case any Person offending against this Act § 13. N. 3. shall be an Inhabitant in any other County or Corporation or fly into any other County or Corporation after the Offence Committed the Iustice of Peace or Chief Magistrate before whom he shall be Convicted as aforesaid shall Certifie the same under his Hand and Seal to any Iustice of Peace or Chief Magistrate of such other County or Corporation wherein the said Person or Persons are Inhabitants or are fled into Process Which said Iustice or Chief Magistrate respectively N. 4. is hereby Authorized and required to Levy the Penalty c. in this Act mentioned upon the Goods and Chattels of such Person c. as fully as the said other Iustice of Peace might have done in Case he or they had been Inhabitants in the place where the Offence was Committed Measures Viz. the xl s. forfeit by Selling Corn or Salt c. by unsealed Measures C. 8. § 2. N. 3. c. to be Levied in such manner and such other Penalties for
shall use Imploy or Travel upon the Lords Day with any Boat Wherry Lighter or Barge Religion except it be upon Extraordinary occasion to be allowed by some Iustice of the Peace of the County or head Officer or some Iustice of the Peace of the City Borough or Town Corporate where the Fact shall be Committed N. 3. Vpon pain that every Person so Offending shall forfeit and lose the Sum of Five shillings for every such Offence Forfeiture N. 4. And that if any person Offending in any of the Premisses Dayes shall be thereof Convicted viz. for Trading on the Lords Day c. before any Iustice of Peace of the County or the Chief Officer or Officers or any Iustice of Peace of or within any City Borough or Town Corporate where the said Offences shall be Committed upon his or their View or Confession of the Party or proof of any one or more Witnesses by Oath which the said Iustices Chief Officer or Officers is by this Act Authorized to Administer the said Iustice or Chief Officer or Officers shall have Warrant under his or their Hand and Seal to the Constables or Church-wardens of the Parish c. where such Offence shall be Committed to Seize the said Goods cried shewed forth or put to Sale as aforesaid and to Sell the same and to Levy the said other Forfeitures and Penalties by way of Distress and Sale of the Goods of every such Offender distrained rendering to the said Offenders the overplus of the Monies raised thereby N. 5. And in default of such Distress or in Case of Insufficiency or Inability of the said Offender to pay the said Forfeitures or Penalties Imprisonment that then the party Offending be set publickly in the Stocks by the space of Two hours N. 6. And all and singular the Forfeitures or Penalties aforesaid viz. for Trading or Travelling Forfeiture c. on the Lords Day shall be Imployed and Converted to the use of the poor of the Parish where the said Offences shall be Committed saveing only that it shall and may be lawful to and for any such Iustice Mayor or head Officer or Officers out of the said Forfeitures or Penalties to reward any person c. that shall Inform of any Offence against this Act according to their Discretions so as such reward excéed not the third part of the Forfeitures or Penalties Statuta 29 30 Car. 2. Scotland BE it therefore Enacted 29 30 Car. 2. 2. § 1. N. 2. c. viz. because found necessary that the said two former Acts viz. 13 14 Car. 2. 22 18 Car. 2. 3. and either of them and every matter Clause and Clauses therein contained and all and every the Powers and Authorities thereby given shall be continue and remain in full force from henceforth for and during the space and time of Seven years and also from thence until the End of the first Session of the next Parliament Peace Be it further Enacted § 2. N. ◠c. that the said several Iustices of the Peace of the said respective Counties shall from time to time at the respective Quarter-Sessions take good and sufficient Security of the Person or Persons by them Imployed in the said Service for the preservation of the said respective Counties from Theft and Rapine to answer the Damages sustained by any person or persons by his or their neglect or default therein and to pay and satisfie the same within Four months after that proof thereof shall be made by the Oath of one or more Credible Witnesses before the Iustices of the Peace of the said respective Counties at the next Quarter-Sessions in the respective County Oath Which Oath or Oaths the said Iustice or Iustices are hereby Authorized to Administer N. 3. so as the Goods stoln be entred in one of the Books to be kept for that purpose within the space of xlviii hours after the same shall be stoln or gone Record And that Books shall be kept for that end in every Market Town of the said respective Counties and at such other Convenient places therein N. 4. and by such person or persons as the said Iustices of the Peace in the said respective Counties at their General Sessions of the Peace shall order or appoint Justices And be it further Enacted § 3. N. 1 c. that the said several Iustices of the Peace of the said respective Counties at the General Quarter-Sessions of the Peace for the said County respectively shall yearly or every two years at the furthest in open Court make choice thereof and appoint such Person or Persons as they shall respectively think fit for the said Counties respectively to be Imployed in the said Service Religion Provided that every Person and Persons employed for the preservation of the said respective Counties from Theft and Rapine § 4. N. 1. or as Treasurer for the said Service do receive the Sacrament of the Lords Supper according to the usage of the Church of England in some publick Church upon some Lords Day commonly called Sunday within the space of Thrée months after they shall enter upon such Imployment and deliver a Certificate thereof to the next Quarter-Sessions in the respective County where they shall be so Imployed and take the Oaths of Allegiance and Supremacy and make and subscribe the Declaration appointed to be made and subscribed in and by one Act in this present Parliament c. viz. 25 Car. 2. 2. c. under the Penalties and Forfeitures by the said Act appointed Statuta 30 Car. 2. 30 Car. 2. 3. § 4. N. 4. VIz. The Five pounds Penalty for not Burying in Woolen Drapery c. to be Levied by way of Distress and Sale thereof by Warrant of the Chief Magistrate in any Town Corporate or any Iustice of the Peace c. § 5. N. 1. And it is hereby further Enacted c. that the said Affidavit Oath viz. of Parties being Coffined in Woollen only shall be made or taken before some Iustice of the Peace or Master of the Chancery Ordinary or Extraordinary Mayor Baliff or other Chief Officer of the City County Borough Corporation or Market Town in the County where the said Party was Buried who are hereby Authorized and required to Administer the said Oath and to attest the same under their Hands upon such Affidavit gratis N. 2. And in Case no such Affidavit shall be brought to the Person Church c. where the said Party was Buried c. within the said Eight dayes that such Person c. shall forthwith c. cause notice thereof to be given in Writing under his Hand to the Church-warden or Overseers of the Poor of such Parish who shall within Eight dayes after such notice repair to the Chief Magistrate in any Town Corporate c. or else to any Iustice of the Peace who upon the
Certificate thereof from the said Person c. shall forthwith grant a Warrant for the Levying of the said Forfeiture on the Goods and Chattels c. rendering the overplus c. § 6. N. 3. And in Case such Chief Magistrate or Iustice of the Peace shall neglect his Duty Process in not Issuing his Warrant for the Levying of the said Forfeiture N. 4. He or they so neglecting or Offending shall forfeit for every such Offence the Sum of Five pounds Forfeiture § 10. N. 1. And it is further Enacted c. that Justices c. the said Iustices at their respective Assizes and the Iustices of the Peace at their respective Quarter-Sessions shall give this Act in Charge C. 4. § 3. N. 1. And all Iustices of the Peace within their several Counties and Divisions Poor are hereby Authorized and Impowered to put in Execution all such Powers Directions and Authorities for the full Release and Discharge of such Persons as were in Prison c. viz. on 14 April 1671. N. 2. And of all such other Persons as have béen since that time Committed to Prison and are in Prison c. viz. on 29 May Imprisonment 1678. as the said former Act viz. 22 23 Car. 2. Cap. 20. 7 hath made and provided for the Release and Discharge of such who were in Prison for Debt or Damages c. viz. on 14 April 1671. § 4. N. 3. And if within the space of Thrée months after such Weekly allowance by any Creditor Execution no Estate of the Prisoner shall be discovered or made out before two Iustices of the Peace of that County and Division where the said Prisoner is kept in Prison then the said Prisoner shall forthwith be Discharged by Warrant under the Hands and Seals of any two Iustices of the Peace of the same County and Division where the said Prisoner shall be so in Prison to the Keeper of such Prison in that behalf directed as fully and amply as if such Prisoner had been Discharged by the Iustices of the Peace at their Quarter-Sessions as in the said recited Act viz. 22 23 Car. 2. 20. 7. is mentioned Sheriffs And be it Enacted c. That in Case any Sheriff Goaler § 7. N. 1. and Kéeper of Prison shall refuse and delay to bring and discharge and set at Liberty any Prisoner c. according to the Order of the Iustice or Iustices of the Peace made in pursuance of this Act or of the said former recited Act viz. 22 23 Car. 2. 20. 7. every such Goaler Sheriff or Keeper of Prison shall forfeit and pay to such Prisoners so detained contrary to such Order the Sum of xx l. to be recovered by Action of Debt in any of his Majesties Courts of Record Justices And shall also be subject to such Fine and Punishment as the said Iustices of Peace shall upon Complaint thereof to them made order and Award N. 2. Poor And in Case the profit of his Labor viz. of Prisoner kept at Work on request of Creditor c. shall excéed the value of his maintenance § 13. N. 2. one moiety of the overplus shall go towards the payment of his Debts for which he remains in Execution the other moiety shall be paid to the Hands of the said Prisoner the said moieties to be distributed accordingly by the two next Iustices of the Peace Imprisonment And be it Enacted § 15. N. 1. That any Iudge of such Court whereto such Debtor is a Prisoner or the two next Iustices of the Peace to such Work-house shall and may have power to Commit such Debtor being brought before him or them by Habeas Corpus or Order under the Hands and Seals of such two Iustices unto any Work-house within the County where such Prison is there to remain according to this Act. Debt But such Prisoner viz. upon mean Process not giving Warrant of Attorney before any Justice of Peace that is applied to for discharge § 18. N. 2. c. shall in Case of his refusal to give such Warrant of Attorney lose the whole benefit of this Law Oath Provided alwayes that no Prisoner shall be discharged by vertue of this Act §. 20. N. 1. until he shall before the Iustices of Peace who are by this Act Impowered to discharge him declare upon his Corporal Oath which Oath the said Iustices are hereby appointed to Administer what Estates are belonging to him or what Debt or Debts are then owing to him within any of his Majesties Dominions or elsewhere and by whom and for what Cause and upon what Security Debt Of all which a Schedule shall be made in the presence of such Iustices N. 2. and Subscribed by the Prisoner and shall be by such Iustices returned to the next Sessions there to be kept for the better Information of the Creditors of such Prisoner Measures And it is hereby further Enacted C. 8. § 6. N. 1. c. That in Case after the Admeasuring or Marking of any Boat or Keel or Cart or Wain viz. for Measuring Coals at New-Castle c. the Marks shall be removed or altered that every person or persons who had a hand in the doing thereof shall upon proof thereof by one or more credible Witnesses before any Iustice of the Peace forfeit the Sum of x l. to be Levied upon his Goods and Chattels by Distress and Sale thereof by Warrant of such Iustice of the Peace rendring the overplus and for failure of such Distress to be Committed to the Common Goal there to remain for the space of Thrée months without Bail or Mainprise Fish And to the Intent that a perfect Execution may be had of this present Act C. 9. § 3. N. 1. viz. against Fishing and destroying fry of Fish in the Severn c. Justices Be it Enacted N. 2. c. That the Iustices of Peace within the said respective Counties of Worcester Salop and Glocester wherein they shall be Iustices shall be and are hereby appointed Conservators of the said River and to make one or more under-Conservators within their respective Limits Process And that the said Iustices of the Peace shall Issue forth their Warrants urder the Hands and Seals of any two of them N. 3. directed to such under-Conservator or Conservators or to any Constable Tythingman or Headborough where any such Offence shall be Committed upon their own Knowledge or Information to them given to search in the day time in all suspected Houses and places for all such Nets Instruments Devices and other Engines and the same to Seize and bring before the said Iustices or in their open Quarter-Sessions that the said unlawful Nets Instruments Devices and Engines may upon the View thereof be burnt or made useless § 4. N. 1. Provided alwayes That no Person or Persons Offending as aforesaid Fish
the Quorum License may prohibit and remove Common-Ale-selling and may also allow the same taking Bond with suretie by Recognizance for good rule to be kept in such Ale-houses c. by their discretion and they may also Commit and Imprison for three days those that keep Common-Ale-selling of their own heads against prohibition or without allowance thereof and may after take Recognizance of them with two Sureties that they shall keep none Dalt cap. 7. pag. 28. 373. c. Cromp. 198. b. 199. V. 2. Role 398. Anonym Mich. 21. Jac. in B. R. per Haughton Justice Indictment A man cannot be Indicted for keeping of an Ale-house without Licence for the Statute 5 and 6 Ed. 6. 25. § 4. N. 1. is that if any one hold an Ale-house without Licence that he shall be committed and by this the Justice of P. if they please to take notice of this may Imprison the party Palmer 388. 6. Dalt cap. 7 pag. 31. Lamb. 346. Seeing that the order of the Conditions of these Bonds is partly reserved to discretion Recognizance I will for the better bridling of these Nurseries of naughtiness leave with you that form of them which I have known practiced by that Honourable Justice the late Lord William Cobham Lord Warden of the five Ports Lord Chamberlain of the late Queen Elizabeths Houshold and one of her Privy-Council The Condition of this Recognizance is such whereas the within Bounden A. B. is admitted and allowed by the within named Lord Cobham and J. Lenison Knight two of the Queens Majesties Justices of the Peace within the County of Kent within Written to keep a common Ale-house or Tipling-house and to use common selling of Ale or Beer only within the now house of him the said A. B. and not elsewhere scituate in the High-street of the Town of M. within Written and called the Sign of the Hart. If therefore he the said A. B. during such time as he shall keep such Common Ale-house there shall not suffer any unlawful Play at the Tables Dice Cards Tennis Bowls Cloysh Coits Loggets or other unlawful Games to be used in his said House or in his Garden Orchard or other his Ground or Place nor dress or cause or suffer to be dressed any Flesh to be eaten upon any day forbidden by the Laws and Statutes of this Realm of England nor wittingly and willingly admit or receive into his said House or any part thereof any person notoriously defamed of or for Incontinence or Drunkeness or that shall be before hand notified to him the said A. B. by the Constable or Borsholder of M. aforesaid for the time being or by the Deputy or either of them to be an unmeet person to be received into a common Ale-house nor Keep or Lodge there any strange person above the space of one Day and one Night together without notice thereof first given to the Constable or Borsholder or the Deputy the one of them there and finally if the said A. B. during all the time that he shall keep common selling of Ale or Beer in the said house shall and will there use and maintain Good Order and Rule then this present Recognisance to be void or else to stand in full force power and vertue c. Dalt 373. Gâ—mes VII Dalt cap. 123. pag. 374. In the condition not to suffer Play c. adds especially by mens Servants Apprentices Common Labourers or Idle persons c. nor shall keep or Lodge there any strange person above the space of one day and one night together without notice thereof first given to the Constable or his Deputy there Recogn VIII Dalt cap. 123. pag. 376. Memorandum quod die Anno Regni Dom. Caroli c. Coram T. P. H. D. Armig. Justiciar dicti Dom. Regis ad pacem in Commitatu predict conservand assignat c. A. B. de c. C. D. de c. manuceperunt pro W. S. de c. Victualler viz. uterque manucaptores predict sub pena Quinque libar predict W. S. assumpsit pro se sub pena X. li. quas concesserunt se debere dicto Dom. Regi c. sub conditione sequenti Recogn The condition of this Recognisance is such that whereas the above or within Bounden W. S. is admited and allowed by the said Justices to keep a common Ale-house and Victualling-house until the first of April or for the space of one whole year next ensuing the date hereof and no longer in the house where he now dwelleth at in the said County of and not elsewhere in the said County If therefore the said shall not during the time aforesaid permit or suffer or have any Playing at Dice Cards Tables Coits Loggets Bowls or any other unlawful Game or Games in his House Yard Garden or Backside 2. Nor shall fuffer to be or remain in his House any person or persons not being his ordinary Houshold Servants upon any Sabbath day or Holy day during the time of Divine Service or Sermon 3. Nor shall suffer any person to Lodge or stay in his house above one Day and one Night but such whose true Name and Surname he shall deliver to some one of the Constables or in his absence to some of the Officers of the same Parish the next day following unless they be such person or persons as he or she very well knoweth and will answer for his or their forth-coming 4. Nor suffer any person to remain in his or her house Tippling or Drinking contrary to the Law 5. Nor yet to be there Tippling or Drinking after Nine of the Clock in the Night-time 6. Nor buy or take to Pawn any stollen Goods 7. Nor willingly harbour in his said House or in his Barns Stables or other where any Rogues Vagabonds Sturdy-Beggars Masterless-Men or other notorious offendors whatsoever 8. Nor suffer any person or persons to sell or utter any Beer or Ale or other Victual by Deputation or by colour of his or her Licence 9. And also if he shall keep the true Assize and Measure in his Pots Bread and otherwise in his uttering of his Ale Beer and Bread 10. And the same Beer and Ale to sell by sealed Measure and according to the Assize and not otherwise 11. And shall not utter or sell any Strong Beer or Strong Ale above a penny the Quart and Small Beer or small Ale above a half penny the Quart and so after the same Rates 12. and also shall not utter nor willingly suffer to be Vttered Drunke taken or tippled any Tobacco within his said house shop cellar or other place thereunto belonging that then c. IX Lamb. 3. cap. 2. pag. 351. In some Shires the Justices of the Peace do condescend upon certain Articles framed by their discretions Justice and generally to be propounded to all common Ale-sellers taking the Bond for the performance of the same Articles a Copy whereof they do usually deliver to every
of them which manner is avowable also though not so assured as the former Lamb. 350. supra Dalt cap. 123. pag. 377. § 5. X. Dalt cap. 123. pag. 375. For the manner of this condition supra § 8. It is by the Statute 5. and 6. Ed. 6. 25. § 1. N. 4. partly referred to the discretion of such Justices of Peace as take such Reocgnizance or Bonds Recogn c. but Note that now there be divers Articles of far better direction published touching Ale-houses by Proclamation at New-Market the 19. of January 16 Jac Anno 1618. XI Dalt 123. pag. 375 First that the Justice of Peace of every County Justice City or Town Corporate within this Kingdom and Dominion of Wales do once every year in the Months of April and May Assemble themselves either at a special Sessions or such other Meeting as they shall appoint for that purpose respecting the ease and convenience of the people of the Countrey and there call before them or any of them whereof one to be of the Quorum all such persons as do sell Ale or Beer by retail in any place as well within Liberties as without within such County City or Town Corporate and then and there taking some Certificate and Information from men of trust who be persons of honest conversation and who not and to give Licence to such persons as they in their discretion shall think meet to keep common Ale-houses or Victualing-houses within the places where such persons dwell XII Dalt 375. ibid 2. That in Licencing of the said Victuallers and Ale-house-keepers Licence the form of the Recognizance and Condition § 8. fupra be used and none other XIII Dalt 376. ibid. 3. that every Ale-house-keeper and Victualer Bail so to be Licensed do inter into Recognizance with two able Sureties to be bound in 5. l. a piece and the Principal 10. l. at the least for the performance of the condition of the said Recognizance which shall endure but for one whole year and then to determine unless it shall seem fit to the Justices of Peace to renew the same again by taking a new Recognizance of the same condition whatsoever date the Recognizance shall have it is to endure but until the said Months of April and May or one of them XIV Dalt 377. ibid. 4. That the Clarks of the Peace Town-clarks Peace or their Deputies respectively be called to attend the Justices of Peace at their meetings or Assemblies and that they do there take the Recognizance aforesaid of every Victualler or Ale-house-keeper Licensed and do duly enter them amongst the Records of the Sessions of the Peace in their charge whereby his Majestie may be duly answered of the Forfeitures that shall be made of the Parties so bound XV. Dalt 377. ibid. 5. That the Clarks of the Peace Officer and Town-Clarks aforesaid or their Deputies shall within some convenient time after the taking of the said Recognizance fairly ingross the said Recognizance and Condition in Parchment which they shall keep as the Original and send a true copy of the said Recognizance examined with the said Original to every Ale-house-keeper allowed whereby he may the better inform himself what he and his Sureties are bound to observe Lamb. 351. supra XVI Dalt 377. ibid. 6. that the Clark of the Peace and Town Clarks or their Deputies do write out and bring with them to every Sessions of the Peace or other meeting of the Justices a Register-book containing the true names surnames and places where every Ale-house-keeper or Victualler that is Licensed doth dwell and to the end it may appear to the Justices of Peace who be Licensed and by whom and who be not and what other alterations have been from time to time for the placing of men of honest and good conversation and displacing of others of ill behaviour Fees XVII Dalt 377. ibid. 7. That the Clarks of the Peace and Town-Clarks and their Deputies may take of every Ale-house-keeper for their Fee for performing the service aforesaid at the time of the acknowledgment of the said Recognizance the Fee of 18 pence and no more over and above the Fee of 12 pence allowed for the Justices Clarks by the Statute 5 and 6 Ed. 6. 25. § 1. N. 5. which shall be paid to the said Justices Clarks Lamb. 365. 431. Appearance XVIII Dalt 377. ibid. 8 that in case the Ale-house-keeper not knowing of the Justices meeting or being hindred by sickness or other such like impediment shall fail of admittance at the General or Publick Assemblies and shall notwithstanding be admitted or Licensed by two Justices of the Peace whereof one to be of the Quorum the Recognizance with Condition fairly ingrossed in Parchment in the Form prescribed as aforesaid shall forthwith or at the next Sessions at the farthest be returned to the Clark of the Peace or the Town-Clarks respectively under the Hands of the Justices under whom § 29 such Recognizances were taken together also with the said fee of eighteen pence for the entry registring making and delivering of a copy under his hand to the Ale-house-keeper as aforesaid Licene XIX Dalt 378. ibid. 9. That none be licensed or allowed to keep an Alehouse that hath not one convenient Lodging at least in his or their Houses for the lodging of any Passenger or Traveller and to have always in her or their Houses good and wholsom small Beer or Ale of two quarts for a peny for the relief of the Labourer Traveller or others that call for the same Dalt 28. cap. 7. Justices XX. Dalt 378. ibid. 10. That the Justices of Peace within their several Precincts do not permit or suffer any unlicensed Alehouse-keeper or Victualler to sell Beer or Ale but that they proceed against them by all due and lawful means whatsoever and that they be very careful from time to time to cause the Brewers to be proceeded against in their General Quarter-Sessions for delivering Beer or Ale to such unlicensed person according to the Statute Recognizance XXI Dalt 378. ibid. 11. That the Clerks of the Peace or Town-Clerks respectively do once every year in Trinity-Term make and bring in a brief of all such Recognizances as shall be taken within every County City or Town-Corporate into the Office of the Patentees appointed by them to that purpose to the end all the concealments of Recognizances in that behalf may be discovered and the benefit accruing to His Majesty by such as wilfully break the same may be more duly prosecuted Of which that His Highness be not defrauded order is given to the Patentees that with the allowance of the Chief Justice of the Kings Bench there be appointed Committees in every County for the recovery thereof from time to time Justices XXII Dalt 378. ibid. 12. That the Justices of Assize in their Circuits and the Justices of Peace at their General Sessions of the Peace do from time to
J. W. and R. P. Fsque two Justices of the Peace of our Sovereign c. in the County of B. Greeting Know ye That we the said Justices of good and credible report to us made as well by men of Worship as by other honest persons That J. W. of c. is a man meet to keep a common Alehouse in the House where he now dwelleth have licensed allowed and admitted and by these presents do license allow and admit the said J. W. to keep a common Alehouse or Tippling-house at M. aforesaid for one whole year next ensuing the date hereof so that the said J. W. suffer not any unlawful Games to be used within his said House nor any evil rule or order to be kept within the same during his time of the said License for the using of which License accordingly we do you to wit that we have bound the said J. W. and two other sufficient Sureties in a hundred Shillings a piece by Recognizance to the Queens Majesties use In witness c. Dalt 378. cap. 124. infra License LXVI Dalt 379. ibid. or thus J. C. and M. D. two Justices of the Peace of our Sovereign Lord c. To all Bailiffs Constables and other the Kings Majesties Officers Greeting Know ye That we the said Justices have licensed and by these presents do license J. W. of c. to keep a common Alehouse in L. aforesaid for one whole year next ensuing the date hereof and have bound the said J. W. by Recognizance with Sureties to the Kings Majesties use that he shall maintain good rule and further to do and behave himself therein in all things according to the Laws and Statutes of this Realm c. License Cambr. ss LXVII Dalt 379. or thus We whose Names are hereunto under-written Justices of Peace of our Sovereign Lord the King within the County of Cambridge do license and allow J. W. of L. aforesaid for and during one whole year next ensuing the dâ—te hereof so as he doth not sufier any unlawful Games to be used in his House nor any evil rule to be kept there but do behave himself therein according to the Laws and Statutes of this Realm in that behalf made and provided In witness c. License LXVIII Dalt 379. cap. 124. A License to Brew and keep an Alehouse Derby ss Whereas A. M. of W. in the County of D. Husbandman hath come before us J. C. Knt. and F. B. Esq two of the Kings Majesties Justices of the Peace within the said County and bound himself in a Recognizance with sufficient Sureties to brew and sell and keep a common Alehouse according to the Statute made in the 5th year of the Reign of our late Sovereign King Ed. VI. Now know ye us the said J. C. and F. B. to have licensed the said A. M. to brew to sell and to keep a common Ale-house according to the said Statute Given under our Hands July 13. in the _____ year of c. West Presid 1 part sect 554. Victuals LXIX Dalt 361. cap. 121. A Warrant to convent all Victuallers c. to put in Sureties for observing Fish-days according to Proclamation To the High-Constables of the Hundred of R. and to either of them Fish These are in the Kings Majesties Name to command you to warn all the Inn-holders Taverners Cooks Alehouse-keepers Butchers and other Victuallers whatsoever within your Hundred personally to appear before us at L. on Thursday being the 20th day of this instant Febr. at the Sign of the Griffin there and to bring with them Sureties that shall enter into Bond with them to His Majesties use for the due observation of the Orders lately published for the restraint of killing dressing and eating Flesh in Lent or upon Fish days according to His Majesties Proclamation in that behalf and that you or one of you be then and there with us to deliver us a Note in writing of the Names Sirnames and Dwelling-places of every of them and of all other that victual without license within your Hundred as you will answer the contrary at your perils Dated at Westminster 1 Feb. c. LXX Dalt 360. cap. 121. Recogn For Alehouse-keepers to renew their Recognizance To the Bailiff c. R. H. Knt. one of His Majesties Justices c. These are in the Kings Majesties Name to require you That you direct your Precepts to every Petty-Constable within your Hundred requiring them that they warn all Alehouse-keepers and Victuallers within your said Hundred to be and personally to appear before us at L. upon Thursday c. then and thither bringing with them their Licenses And further That every of them bring with them a Certificate of their fitness and honest behaviour in keeping of their Alehouses and Victualling-houses under the hands of four at the least of the most substantial honest and discreet Inhabitants of the Parishes where they so keep or dwell and hereof fail you not c. LXXI Dalt 360. cap. 121. A Warrant for the suppressing of an Alehouse License Cambr. ss J. C. and E.H. Knts. two of the Kings Majesties Justices of the Peace within the said County of Cambridge to the Constables of B. and to either of them Greeting Whereas we are credibly informed that R. D. of your Town Victualler is himself a man of evil behaviour and besides doth suffer evil rule and disorder to be kept in his House contrary to the Laws and Statutes of this Realm These are therefore in His Majesties Name to will and command you forthwith to repair to the House of the said R. D. and to charge him to cease from keeping any longer any Alehouse or Tippling-house and from common selling of Ale or Beer at his peril And withal that you cause his Sign to be pull'd down Hereof fail you not as you and either of you will answer to the contrary at your peril Given under our Hands and Seals at B. the _____ day of _____ in the year c. LXXII Dalt 361. cap. 1. Forfeitures A Warrant to levy money forfeited by Alehouse-haunters R. S. one of the Kings Majesties Justices of the Peace within the said County of C. to the Constables and Church-wardens of the Parish of W. and to every of them Greeting FOrasmuch as it hath been duly proved before me according to the Statute in that behalf provided that all and every the persons hereunder named Cambr. ss being Inhabitants within your Parish of W. upon the 12th day of this instant November have been and continued drinking and tippling in the House of G. W. of your said Town Inn-keeper or Alehouse-keeper c. contrary to the form of the same Statute These are therefore in his Majesties Name to charge and command you and every of you forthwith to levy by distress and sale of the Goods of every the said persons hereunder named the sum of three Shillings and four pence a piece which several
default of Goods to be commit without Bail or Mainprise until satisfaction of Tax to Poor inflicted Oath 3 Jac. 4. § 14. N. 2. Two Justices on refusal of Oath of Allegiance may commit without Bail or Mainprise until the next Assize or Quarter-Sessions Cap. 21. § 2. N. 3. Unlawful hunting Deer or stealing Conies Forest unless Sureties of Good behaviour for seven years be found to continue in prison without Bail or Mainprise until finding c. 7 Jac. 11. § 8. N. 4. Unlawful taker of Partridge c. with Nets Fowl c. imprison three months without Bail or Mainprise unless he pay 20 s. c. 21 Jac. 8 § 7. N. 2. Certiorari Party Indict to become bound with Sureties in ten pounds in open Sessions to prosecute before allowance of Certiorari c. Cap. 26. § 2. N. 1. Recognizance or Bail in anothers name Felony Nosm XLVI Lamb. 3. cap. 2. pag. 348. The form of Bailment Mainprise Memorand ' quod 20 die mensis Julii Anno regni Dom ' nostri Jacobi Kanc. ss c. venerunt coram nobis T. R. H. L. duorum Justiciar ' c. assignatorum apud H. in Com' predict ' A. B. C. D. de E. in dicto Com' Yeomen ceperunt in Ballium usque ad proximam Goalae deliberationem in dicto Com' tenend ' quendam F. G. c. Labourer captum detentum in prisona pro suspicione cujusdam feloniae c. assumpserunt super se scilicet quilibet predict ' A. B. C. D. sub pena 20 l. bonae legalis monetae Angliae predict ' F. G. assumpsit pro seipso sub pena 40 l. similis monetae de bonis catallis terris tenementis eorum quorumlibet cujuslibet eorum ad opus dicti Domini Regis haeredum successorum suorum levand ' si prefat ' F. G. ad eandem proximam Goalae deliberationem personaliter non comparebit coram Justiciariis dicti Domini Regis ad dictam Goalam deliberand ' assignatis ad standum recto de felonia predict ' ad respondend dict' Domino Regi tunc ibidem de super omnibus quae illi objicientur Datum sub sigillis nostris die anno primum supradict ' Dalt 387 388. cap. 127. XLVII Lamb. 348 349. The Liberate Imprisonm I. B. and T. L. two of the Justices of c. To the Keeper of his Majesties Goal in M. c. Greeting FOrasmuch as F. G. c. Labourer hath before us found sufficient Mainprise to appear before the Justices of the Goal-delivery Kent ss at the next general Goal-delivery to be holden in the said County there to Answer to such things as shall be then on the behalf of our said Soveraign Lord objected against him and namely to the Felonious taking of two Sheep for the suspicion whereof he was taken and committed to your said Goal we command you on the behalf of our said Soveraign Lord that if the said F. G. doth remain in your Goal for the said cause and for none other that you forbear to grieve or detain him any longer but that you deliver him thence and suffer him to go at large and that upon the pain that will fall thereon Given under our Seals this 20 of July c. Dalt 389. cap. 127. Crompt 238 b. 239. XLVIII 4 Ed. 3. 2. § 1. N. 4. Sheriff Such as shall be indicted or taken by the Keepers of the Peace shall not be let to Mainprise by the Sheriff nor by none other Ministers if they be not Mainpernable by the Law Lamb. 21. 23 H. 6. 16. § 1. N. 6. XLIX Kilb. Preced 2 Edit 28. Recognizance of Bail Recognizance Kanc ' ss Memorand ' quod 1 die Maii Anno regni c. A. B. de c. personaliter venit coram me C. D. uno Justiciar ' dicti Domini Regis ad pacem suam in Com' suo predict ' conservand ' assignat ' recognovit se debere eidem Domino Regi 10 l. legalis monetae Angliae de bonis catallis terris tenementis suis fieri levari ad opus usum dicti Domini Regis haered ' successorum suorum si defalt ' fieret in performatione conditionis indorsat ' Anno Dom. not necessary 2. Kanc ' ss Memorand ' quod 5 die Octob. Anno regni Recogn c. A. B. de c. G. H. de c. I. K. de c. personaliter venerunt coram nobis C. D. E. F. Justiciar ' dicti Domini Regis ad pacem suam in Com' suo predict ' conservand ' assignat ' recognoverunt se debere eidem Domino Regi modo forma sequent ' viz. predict ' A. B. 20 l. legalis monetae Angliae uterque predictorum G. I. 10 l. consimilis monetae de separalibus bonis catallis terris tenementis suis separaliter fieri levari ad opus usum dicti Domini Regis haered ' sucessorum suorum si defalt ' fieret in performatione conditionis indorsat ' Anno Dom. not necessary Appearance L. Kilb. Preced ibid. 30 31. A Condition for Felony or suspicion of Felony THe Condition of this Recognizance is such That if the within-bound A. B. do personally appear before his Majesties Justices of Goal-delivery at the next general Goal-delivery to be holden for the within-named County of Kent then and there to Answer to our Soveraign Lord the King for and concerning the Felonious taking and stealing of c. or for suspicion of his Felonious taking and stealing of c. wherewithall he standeth charged before c. and to do and receive c. and do not depart the said Court without license for the same that then this Recogn to be void or else it shall stand in full force 2. If it be to appear at the Sessions say Do personally appear before his Majesties Justices assigned to keep his Peace in the within-named County of K. at the next General Sessions of the Peace to be holden for the said County at T. in the County aforesaid then and there to Answer c. 3. If the Felon be in Prison say These are to charge and require you that immediately you bring before me the Body of A. B. now in your custody to be Bailed as Law requireth whereof fail not c. Given c. Bailiff Sheriff Franchise Officer Appearance I. LAmb. 390. The Bailiffs of Franchises and the Constables of Hundreds are to serve at the Sessions the one as Ministers the other as Jurors and therefore ought to give their attendance 27 H. 8. 24. § 14. N. 1. Oath II. Lamb. 4. cap. 4. pag. 428. Article in charge at Sessions if any Bailiff of Franchise Deputy or Clerk of the Shire or Under-Sheriff or other person have taken upon him to retorn any Enquest Jury
they be named joyntly yet be they Indicted severally and the King may pardon A. without forgiving the other per Markham Ch. J. Record Br. 57. Crompt 132 167. so 34 H. 8. 14. § 3. N. 1. XII Lamb. 4. cap 7. pag. 510. Variance Again if the Indictment be of the stealing of two Horses and the Certiorari speaketh but of one Horse it seemeth that they need not to certifie it at all because of the variance for it is certain that they of the Kings-Bench will not arraign the Indictee upon it but will rather write again to know whether there be any Indictment that agreeth with the Writ 3 Ass 3. per Curiam XIII Lamb. 510. Finally it is noted 8 H. 5. 5. Nosm that Hankford Ch. J. of B. R. observed this order that he which brought thither an Indictment taken before Justices of the Peace should endorse his name upon the backside of it which I note not to teach them of B. R. but to let the Justices of Peace see that there is some heed to be taken of him by whom they sent up their Indictments XIV 4 Ed. 3. 2. § 1. N. 6. Justices The Keepers of the Peace shall send their Indictments before the Justices Assign c. Courts XV. 6 H. 8. 6. § 1. N. 3. And Justices of B. R. may command all Justices of Goal-delivery Justices of Peace and all other Justices and Commissioners and every of them to proceed and determine upon all the aforesaid Bodies and Indictments of Felony and Murder so removed in B. R. after the course of the Common Law in such manner as any of them might or should have done if the said Prisoners or Indictments had never been brought into B. R. Utlary XVI 34 35 H. 8. 14. § 2. N. 1. The Clerk of the Crown Clerk of the Peace and Clerks of Assize where any attainder outlawry or conviction of Murder Burglary Felony c. shall be so had shall not only certifie a transcript briefly and in few words containing the tenor and effect of every such Indictment Outlawry or Conviction and Clerk attainted before them so to be had c. that is to say the Name Surname and addition c. and the certainty of the Felony or other offence c. and the day and place of his Outlawry Conviction and Attainder c. and where and when the said Felony c. shall be done before the King c. at Westm. c. within 40 days next after any such Attainder Conviction or Outlawry if the Term be then and if not then within 20 days of the Term next following the said 40 days but also shall deliver a tranfcript of every such Indictment c. to the Ordinary c. 4 Inst. 182. Lamb. 580. Nosm XVII 34 35 H. 8. 14. § 3. N. 1. That if there be any more persons contained and named in any such Indictment other then such person so attainted convicted or outlawed that then such Clerk of the Crown Assize or of the Peace with whom the Record c. shall remain shall within the time before c. certifie the transcript of such Indictment Outlawry or Conviction only concerning such person so Indicted Attainted Outlawed or Convicted into B. R. at Westm c. Utlary XVIII 34 35 H. 8. 14. § 4. N. 1. That the Clerk of the Crown in B. R. c. shall at all such times as the Justices of Goal-delivery or Justices of the Peace in every County within this Realm of England do write unto him for the names of such persons which be so attainted by Outlawry or Clerks attainted or convict and certified in B. R. shall incontinently and without delay certifie the said Names and Surnames of the said persons with the causes why and wherefore they were convict or attainted unto the Justices of Goal-delivery or Justices of Peace c. Imprisonm XIX 1 2 Phil. Mar. 13. § 7. N. 1. No Writs of Habeas Corpus or Certiorari shall hereafter he granted to remove any Prisoner out of any Goal or to remove any Recognizance except the same Writs be signed with the proper hands of the Chief Justices or in his absence one of the Justices of the Court out of which the same Writs shall be awarded or made Dalt 410. infra § 42. Sessions XX. 21 Jac. 8. § 7. N. 1. That all such Writs of Certiorari of Riot Forcible Entry or Assault c. shall c. be delivered at some Quarter-Sessions of the Peace in open Court Bail XXI 21 Jac. 8. § 7. N. 2. And that the parties Indicted shall before the allowance or such Certioraries become bound unto such c. which shall prosecute such Bills of Indictment against them in 40 l. with such Sureties as the Justices of Peace at their Quarter-Sessions of the Peace shall think fit with condition to pay unto such prosecutors c. within a month after conviction c. such reasonable Costs and Damages as the said Justices of Peace of such Counties where such Bills of Indictment shall be found in the said Sessions of the Peace shall assess or allow Process XXII 21 Jac. 8. § 7. N. 3. And that in default thereof it shall be lawful for the said Justices to proceed any such Writs of Certiorari to remove the same Indictments notwithstanding Ways XXIII 13 14 Car. 2. 6. § 16. N. 1. No Certiorari shall be allowed to remove any Information Indictment Presentment Order or other proceedings in the Quarter-Sessions of for or concerning any matter or thing in this Act viz. for the Tax and Amendment of High-ways c. unless the party c. against whom any such Information Indictment Presentment Order or other proceedings shall be had by vertue of this Act shall before the allowance of such Certioraries become bound to the party c. prosecuting in the sum of Fourty pounds with such sufficient Sureties as the Justices of the Peace at their said Quarter-Sessions of the Peace shall think fit with condition to pay unto the said prosecutors within one month after the conviction c. their full Costs and Damages to be ascertained upon their Oaths and that in default thereof it shall be lawful for the said Justices to proceed to tryal of such Indictments any such Writ of Certiorari to remove the same Indictments notwithstanding XXIV Crompt 131 b. 132 a. Money One was Indict of the Counterfeiting of Money before J. B. Mayor of the Vill of S. and his Companions Justices of the Peace there and because there was no special Commission to enquire of High-Treasons as other Justices of Peace have by 3 H. 5. Stat. 2. cap. 7. which Authority ought to appear in the Title of the Certificate with the Indictment the Prisoner went without day in B. R. whereinto the said Indictment was certified in form aforesaid 2 R. 3. 10. XXV Crompt 132. A Consetvator of
c. for if the Retorn mentions only that they are Justices of the Peace without the former words necnon c. according to the Commission the Retorn is insufficient 12 H. 7. 25. 2 R. 3. 9. Indictment Br. 32. 50. 28 H. 6. 11. Error Br. 13. Lamb. 529. supra § 9. XL. Crompt 143. Recogn A Writ out of the Chancery to certifie a Recognizance that is taken by a Justice of the Peace in the Country for conservation of the Peace is in this manner Jacobus c. Custodibus pacis nostrae in Com' S. eorum cuilibet salutem Volentes certis de causis Certiorari super tenorem cujusdem securitatis pacis vel boni gestus quam A. P. Armig ' nuper invenit coram vobis vel aliquo vestrum de eo quod ipse damnum vel malum aliquod R. S. aut alicui alii de populo nostro de corpore suo nec faceret nec fieri procuraret quovismodo Vobis mandamus quod tenorem securitatis sive boni gestus predict ' nobis in Cancellaria nostra in Octab ' Purificat ' beatae Mariae proxim ' futur ' ubicunque tunc fuerit sub sigillis vestris vel unius vestrum distincte aperte sine dilatione mittatis hoc sub pena cent ' librar ' nullatenus omittatis nec aliquis vestrum omittat Teste meipso apud Westm 23 Jun. Anno c. Dalt 409. cap. 134. XLI Crompt 143 b. Peace The form of a Certificate of a Recognizance of the Peace on the said Writ of Certiorari is in this manner Virtute istius Brevis ego G. S. unus Custodum pacis in Com' S. infrascript ' tenorem securitatis pacis unde infra fit mentio Domino Regi nunc in Cancellariam suam sub sigillo meo distincte aperte mitto prout patet in Schedula huic Brevi consul ' c. and then write the Recognizance verbatim and put your Seal to the Certificate See Rast Entr. 416. Dalt 185 186. cap. 73. Crompt 125 b. Lamb. 108. XLII Dalt 410. cap. 134. Also note Recogn that no Certiorari shall be granted to remove any Recognizance except the same Writ be signed with the proper hand of the Chief Justice or in his absence of one of the Justices of that Court out of which the same Writ shall be awarded or made 1 2 Phil. Mar. 13. § 7. N. 1. XLIII Lamb. 580. The Clerk of the Peace must under the pain of 40 s. Officer certifie in B. R. a true transcript of every Attainder Outlawry and Conviction had before the Justices of the Peace in any place except Wales Chester Lancaster and Durham within 40 days after if it be then Term and if not then within 20 days after the beginning of the next Term that the same may there also appear of Record to be used upon cause as that Statute hath appointed 34 H. 8. 14. XLIV Lamb. 580 581. Accessory And if a Principal be attainted of Murder or Felony in one County whereunto another is Accessory in any other County then upon writing from the Justices of Goal-delivery or of Oyer and Terminer to the Custos Rotulorum where such Principal is attainted he must certifie in writing under his Seal to the said Justices whether such Principal be attainted or otherwise discharged or not that they may proceed thereupon to the tryal of the Accessory 2 3 Ed. 6. 24. § 4. N. 2. XLV Lamb. 581. Indictment But in cases where Justices of the Peace have power to receive Indictments and no power to proceed any further upon them there they ought to send up and certifie the Indictments themselves and that of duty as I think without any Certiorari commanding the same because having none Authority to hear and try the offences the Records thereof shall be unprofitable before them and therefore they can have no just cause to retain them and yet for the more surety it is specially commanded by 5 Eliz. 1. § 3. N. 2. that they shall certifie the Presentments of some offences against that Statute XLVI Lamb. 581 582. And so if a man bound to keep the Peace Recogn do make default of appearance at the next Quarter-Sessions the Recognizance it self together with the Records of that default must be certified into the Chancery B. R. or Exchequer that Execution upon the Recognizance may be had there 3 H. 7. 1. § 1. N. 26. and so ought it as I think to be presented that the party hath forfeited his Recognizance by breach of the Peace and likewise if it be presented before them that the Chattels of a man attainted of Felony be in the hands of another for in these and such other cases where they cannot of themselves proceed they ought to send the Records to such as have Authority to determine upon them and otherwise they do not discharge that duty which the words salvis c. aliis ad nos inde spectantibus in the Commission § 16. do seem to expect at their hands Crompt 141 b. Pope XLVII Lamb. 582. The Abjuration of a Seditious Sectary being made in the open Quarter-Sessions of the Peace ought to be certified from thence to the Justices of Assize at the next Assizes 35 Eliz. 1. § 2. N. 3. Purveyors XLVIII Lamb. 582. Furthermore rhe Stat. of Purveyors 2 3 Phil Mar. 6. § 6. N. 2. doth appoint the Justices of the Peace to certifie to the Treasurer of the Kings Houshold the Dockets of Purveyors brought to rheir Sessions by Constables that the serving of such Commissioners and the true answering of Purveyors may be the better examined thereby Records XLIX Lamb. 582. And although it may be doubted whether these be Records or no yet for that they are to be certified from the Sessions of the Peace I stick not to afford them this place and if you will also repute in this number the Licenses and such other Acts of that kind which pass at the Sessions of the Peace I will not be against it Supersedeas L. Lamb. 583. Touching the Certiorari it is of force if it be made accordingly to remove not only Indictments or other Executory Records wherein the Justices of Peace can go no further but also the Records of Causes fully and lawfully heard and determined by them to the end that they may be reversed and adnulled in B. R. if good matter and cause do require it Courts LI. Lamb. 583. For that preheminence hath the Kings-Bench as you may see by proof yea all other the higher Courts may write to the Justices of the Peace to certifie their Records that do make for the tryal of Causes hanging in them as 19 H. 6. 19. Records Br. 24. where they of C. B. did send to the Justices of Peace for an Indictment because in a Writ of Conspiracy brought before them it was material to have it Indictment
serviceable if by a Law to be made in Parliament every Town and Village were to have a Tythingman or such other Officer or the like to attend this service of the Constable in his absence at the least for that for want of such assistance Rogues Vagabonds and the like knowing their times now travel up and down far more boldly Peace 9. If any man shall make an Affray or Assault upon another in the presence of the Constable or Borsholder or if any man in the presence of the Constable shall threaten to kill beat or hurt another or shall be in a fury ready to break the Peace In every of these cases the Constable or Borsholder may commit the Offender to the Stocks or to some other safe custody for the present as his or their Quality requireth 10. And after may carry them before some Justice of the Peace or to the Goal until they shall find Surety for the Peace which Surety the Constable himself may also take by Obligation to be sealed and delivered to the King's use And if the party will not find such Surety to the Constable he may Imprison the party until he shall do it Imprisonm LXXVIII Dalt 4 5. cap. 1. I have seen the Report of Trin. 35 Eliz. Rot. 1458. C. B. Skarret against Hanmer In Faux Imprisonment for arresting the Plaintiff and Imprisoning him c. The Defendant to the Imprisonment pleaded that he was High-Constable of the Hundred of E. in the County of S. and that the Plaintiff made an Affray within the said Hundred upon one H. W. who presently came to him and told him thereof and swore upon a Book that he was in fear of his life by the other whereupon the Defendant came to the Plaintiff and arrested and imprisoned him until he had found sufficient Sureties for the Peace upon which the Plaintiff demurred 2. And it was adjudged that the Plea of the Defendant was insufficient 1st For that he was not present at the Assault and Affray and 2d For that he was the High-Constable of the Hundred and not Constable of the Town Peace 3. In the argument of this Case Anderson held Constables to be Conservators of the Peace at the Common-Law and still so to be and that they ought to preserve the Peace as much as in them lieth But that said he was by parting of men which he should see breaking of the Peace and to carry them before a Justice of Peace to find Sureties for keeping thereof but to take Sureties himself the Constable cannot Bail 4. And those which hold that he may take Surety cannot tell what Surety that should be for he cannot take a Recognizance nor Bail for he is no Officer of Record Certificate 5. And if he should take an Obligation how the same shall be certified and into what Cour◠Anderson said he knew not and that it should be very inconvenient to give such Authority to every Constable But by Walmesly Owen and Beaumont although a Constable cannot take Surety of the Peace by Recognizance nor Bail yet he may take an Obligation according to 10 Ed. 4. 18. Surety Br. 26. And if the Affray be in their presence they are Conservators of the Peace and therefore may use such means for the keeping of the Peace by taking Surety by Obligation 6. And that before Justices of Peace were the Peace was preserved and that by Constables and that Statute 1 Ed. 3. St. 2. cap. 16. which ordained Justices of Peace did not take away the authority of the Constable 7. But the Constable hath no authority to take an Oath of the party Oath that he is in fear c. 8. Whereunto Anderson Chief Justice replied I doubt not but that at the Common-Law the Peace was kept but that was to be done in such manner as the Law appointed and that is by Writ out of the Chancery or B. R. 9. Arrest And yet I have seen another Author supposed to be Sir Thomas Egerton after Lord Chancellor who writeth in these words By the Common Law the Constables Office was to Arrest the parties that had broken the Peace or were ready to break the Peace scil if either he had seen it himself or were truly informed thereof by others or upon the confession of the party who had freshly broken the Peace 10. Imprisonment And that all such offenders the Constable might imprison in the Stocks or in his own House as the quality required until they had been bound by Obligation with Sureties to the King to keep the Peace from henceforth Which Obligation was to be sealed and delivered to the Constable Obligation to the use of the King And the Constable was to send it into the Exchequer or Chancery from whence Process should be awarded to levy the debt if the Peace be broken quod Nota. See also Finch Nommot 127. 136. cap. 22. LXXIX Pract. Preced 133. Process An Indictment against a Constable for neglecting to execute a Justices Warrant Midd ' ss Juratores pro Domino Rege super sacramentum suum presentant quod cum S. P. Armiger unus Justiciar ' dicti Domini Regis ad pacem in Com' M. predict ' conservand ' assignat ' 12 die Januarii Anno regni c. per Warrantum suum in scriptis debito modo confect ' mandasset omnibus Constabular ' Decennar ' aliis dicti Domini Regis Officiar ' infra Com' Midd. predict ' ad quos Warrant ' predict ' deveniret quod immediate post receptionem istius Warrant ' caperent corpora A. I. E. I. uxorem ejus quod dictos A. I. E. uxorem ejus ducerent coram prefat ' S. P. ad respondend ' eis omnibus singulis quae versus eos ex parte dicti Domini Regis objicerentur Quod quidem Warrantum postea scil dicto 12 die Januarii Anno supradict ' cuidem W. R. ad tunc adhuc existent ' unum Decennar ' Anglice Headborough parochiae Sancti Egidii extra Cripplegate in Com' Midd. predict ' apud paroch ' predict ' in Com' predict ' deliberat ' fuit in forma juris exequend ' predictus tamen W. R. de parochia Sancti Egidii predict ' in Com' predict ' Victualler debitum suum in hac parte parvi pendens à predicto 12 die Januarii Anno supradict ' usque diem capt ' hujus Inquisition ' apud paroch ' predict ' in Com' predict ' in executione Officii sui circa premissa tepide remisse negligenter se habuit execution ' Warranti predict ' per tempus supradict ' totaliter neglexit contemptuose recusavit contra Officii sui debitum in hac parte in manifestum contempt ' dicti Domini Regis nunc Legumque suarum ad magnam justitiae retardationem in malum perniciosum exemplum omnium aliorum in hujusmodi casu delinquent ' contra pacem dicti Domini Regis nunc
An Indictment against a Servant that stealeth his Masters Goods committed to his keeping Kanc. ss Juratores pro Domino Rege super sacramentum suum presentant quod cum A. B. de E. dicto Com' Mercer 20 die Septembr anno regni c. in domo mansionali ipsius A. B. apud E. predict ' in Com' predict ' deliberasset cuidam E. F. de E. predict ' in dicto Com' Mercer tunc serviens ipsius A. B. pro uno anno integro retento ac etatis 19 annorum existenti 10 l. in pecuniis numeratis de bonis ipsius A. B. ea intentione ut idem E. F. easdem salvo custodivet ad usum predict ' A. B. tunc Magistri sui idem E. F. dicto 20 die Setembr anno supradict ' Apprenticius dicti A. B. tunc non existens apud E. predict ' in Com' predict ' â dicto Magistro suo una cum predict ' 10 l. dicti A. B. tunc Magistri sui malitiose felonice discessit abiit aufugit ea intentione ad furand ' dictas 10 l. contra fiduciam in eo per prefat ' A. B. tunc Magistrum suum repositam collocatam ad inde dictum A. B. Magistrum suum predict ' defraudand ' contra pacem dicti Domini Regis ac contra formam diversorum Statutorum hujus regni Angliae in hujusmodi casu provisorum editorum 21 H. 8. 7. § 1. N. 2. 5 Eliz. 10. Corruption of Bloud see Coron Corporal Pain see Pain Judgment Costs see Damages Cottages see Poor Counterfeits see Forgery County-Courts see Justices Sheriffs Courts see Justices Coupers see Trades Coynage see Money Counsel see Pleading Cries see Fresh-Suit Crosss-Bows see Games Wars Crows see Fowl Cursing see Oaths Curriers see Leather Customers see Merchants Admiral Custus Rotulorum see Peace Cut-purses see Coron Cutting of Tongues Ponds c. see Coron Costs Damages I. 18 Eliz. 5. § 3. N. 3. And that if any such Informer viz. on penal Law c. shall willingly delay his Suit or shall discontinue or be Non-suited or have Verdict or Judgment against him then he shall yield c. unto the party Defendant his Costs Charges and Damages to be assigned by the Court in which the same Suit shall be attempted Days Lent Sabbath Limitation LAmb. 4. cap. 4. pag. 452. Enquiry in Sessions if any person other than by reason of Age Sickness Childing or License have within this year eaten Flesh in Lent or upon any Fish day observed by the custom of this Realm 2. 3 Ed. 6. 19. § N. 5 Eliz. 5. § N. II. Shepherds Clerks Cabinet 17. cap. 3. A Warrant to any forfeiture on 1. Car. 1. cap. 1. § N. W. S. Esquire c. to the Constables and Tythingmen of D. within this County and every of them or to the Churchwardens of D. and C. Whereas the persons undernamed all of your Parish of D. within this County have been lawfully convicted before me that the first day of May last past being the Lords-day did cause or maintain or keep an Assembly Meeting or Concourse at Sale in this County being out of their own Parish for Sports and Pastimes viz. for Foot-ball and for Wrestling or caused an Assembly Meeting or Concourse of People for a Bear-bating or for a Bull-bating or for a Common Play or for Cards and Dice or for Dancing c. contrary to the Acts of Parliament in that case provided by which either of them hath forfeited 3. s. 4. d. a piece for the use of the poor of your Parish to be levied by the Constables or Churchwardens by distress and sale of the Goods of the Offender and in default of Distress to be put in the Stocks three hours These are therefore to Authorize and Require you forthwith to levy the same Sum of 3. s. 4. d. of every of the said named persons and of their Goods respectively by distress and sale thereof rendring to them the overplus And in case of lack of distress that then you see that the same person or persons lacking distress be set publickly in the Stocks by the space of three hours and the same mony forfeited being by you received that you take care the same be by you employed to the use of the Poor of your Parish according to the said Act And hereof fail not c. Given under my Hand and Seal the tenth day of c. W. S. of Dale Husbandman I. S. of the same Yeoman K. L. of the same Labourer N. M. of Sale Yeoman III. Shepherds Clerks Cabinet 19. cap. 30. Warrant on 3 Car. 1. cap. 1. Ways § N. for the forfeiture W. S. c. To the Constables c. It being duly proved before me that I. S. of your Parish of D Glouc. ss a common Carrier c. the first day of c. Anno c. being the Lords day in your Parish of D. aforesaid did being then a common Carrier with his Horse c. Travel into and through your said Parish of D. contrary to the Statute in that case provided by which he hath forfeited twenty Shillings to the use of the poor of your Parish of D. These are therefore to Authorize and Require you forthwith to levy the same twenty Shillings of the Goods of the said I. S. by distress and sale thereof rendring to him the overplus And the same so by you received that you see it be employed to the use of the Poor of your Parish according to the intent of the same Statute and hereof c. Given under my Hand and Seal c. the tenth day of c. II. ibid. A Warrant against a Butcher for killing meat on the Lords day Cattel on 3 Car. 1. cap. 1. To the Constables and Tythingmen of D. and every of them or to the Church-wardens of D. c. W. S. One of his Majesties Justices for this County of G. Glouc. ss assigned to keep the Peace Greeting It being duly proved before me that I. S. of your Town Butcher did in D. aforesaid the first day of May last past being the Lords day kill or cause to be killed Victuals to wit one Calf or did sell Victuals contrary to the Act of Parliament in that case provided whereby he hath forfeited 6. s. 8. d. to the use of the Poor c. These are therefore to Authorize and Require you forthwith to levy the same 6. s. 8. d. c. and hereof you are not to fail c. Given c. III. ibid. To the Constables c. It being duly proved before me or some of his Majesties Justices c. that I. S. of your Parish did the first day of May last Glouc. ss being the Lords day at Dale aforesaid without reasonable cause carry Burthens viz. a Bushel of Wheat to a Mill there or do worldly Labour and Work viz. drive Cattel from one ground to another half a mile distant contrary to the Act of Parliament in
that case provided by which he hath forfeited 5. s. to the use of the poor c. These are therefore to Authorize and Require you c. Given under my Hand and Seal c. Shepherds Clerks Cabinet 20 21. A Warrant upon 1 Car. 1. cap. 1. against Officers for negligence Games To the Constables Churchwardens and Overseers of the Poor of the Parish of N. in the County of Glouc. Glouc. ff Information and Complaint being given in and made unto us W. S. and I. S. two of his Majesties Justices c. that the prophanation of the Lords Day is very much and frequently practised within your Parish by disorderly meetings of young people by Gaming Sports and Pastimes Drinking Tipling and by other means contrary to the Laws in that case provided and that you are negligent in the duties laid upon you by the same Laws These are therefore straitly to charge you henceforth to look to it that no such disorders be hereafter among you but that you forbid the same and that you do from time to time according to the duty of your places make diligent search for the finding out apprehending and punishing of all them that shall be found offenders herein and that you do inform us hereof as occasion shall be And that you or some of you appear before the Justices of the Peace at the house of c. upon c. to bring in the Names in writing of those persons who shall in the mean time offend in the Premisses Letting you to know that if you fail hereof we shall not fail to inflict the punishment appointed by the same Laws upon you for your neglect therein Given under our Hands c. Death see Coron Dear see Forest Deceit see Collusion Deeds see Inrollment Dedimus Potestatem see Oath Demurrer see Pleading Denyal of Offence see Proof Deodand see Coron Departure see Apprentice Deputy see Officer Denizen see Alien Dignity Peers Priviledge nosine Tryals Addition LAmbert 4. cap. 5. pag. 480. even so ought it to have been at the Common Law also viz. before 1 H. 5. 5. of additions in Indictments where process of Outlawry lay c. as touching Names of Dignity made by Creation as Duke Marquess Earl Viscount Arch-Bishop Bishop Knight or Serjeant at Law because every of these Titles was accounted parcel of the Name But it was not so of the Names of Baron Baneret and Esquire which are but Names of Dignity without collation nor of Chancellor Treasurer Chamberlain Sheriff Coroner Escheator Bayliff Dean Arch-Deacon Prebendary or Parson Which are Names of Dignity by reason of Office only unless the presentment did charge them in respect of their Offices II. Lamb. 531. I mean by the word Nobility as our Law speaketh Nosine which calleth none Noble under the degree of a Baron and not as men of foreign Countries do use to speak with whom every man of Gentile Birth is accounted Noble For we daily see that both Gentlemen and Knights do serve in the Parliament as Members of the Commons Howbeit in cases of forcible Entry Riot and unlawful Assembly or such like they of the Nobility shall be tryed by twelve men even as other inferior Subjects 3 4 Ph. Mar. reported by Dalison III. Crompt 134 135. A man who would have the Peace against a Lord Peace or such a Great Man whom the Sheriff durst not Arrest may have a Sub-poena out of the Chancery against him of common right as it was held in the Exchequer Chamber by all the Justices in the Case of the Dutchess of Suffolk 35 H. 6. Subpoena 20. Query If he will not appear upon the Sub-poena if he shall have an Attachment for it was held in the case of the Lord Cromwel in Chancery about 18 Eliz. that an Attachment doth not lye against a Lord where he makes default upon a Sub-poena against him out of the Chancery see Dyer 315. Pl. accord see Rast Entr. 29. The Lord Tiploss threatned and assaulted another and it was made appear and commanded that he should not meddle who promised it see 24 Ed. 3. 33 Contempts Br. 6. the like mattec 17 Ed. 4. 4. IV. Dalt I. S. 16. cap. 68. Recogn the Law hath conceived such an opinion of the peaceable disposition of Noblemen that it hath been thought enough to take one of their promises upon his Honour that he would not break the Peace against a man And therefore if a man shall have cause to have surety of the Peace against a Lord of the Parliament or such Great and Noble Personage he shall not have a Warrant from the Justices of the Peace to that purpose nor yet have a Supplicant out of the Chancery directed to the Justices of Peace therefore but if there be cause he shall have a Sub-poena 20. of common right as it seemeth out of the Chancery and there such Lord c. shall be bound to the Peace c. Contempt 134. V. Dalt 161 162. cap. 68. Arrest But though it be true that the person of a Baron who is a Peer of the Parliament shall not be arrested for or in cases of Debt or Trespass by his Body in respect of their Dignity and Sufficiency yet in cases of Contempt it seemeth they may be arrested by Capias or Attachment c. 27 A. 8. 22. b. 6 Co. 53 54. 11 H. 415. Replevin Br. 19. 9 Co. 45. or else it seemeth that the party may have the Peace in the Chancery against such Lord or Peer to have a Supplicant to the Sheriff c. F. N. B. 79. VI. Dalt 335. cap. 118. Process But the Justices of Peace are not to grant their Warrants for the Peace or the like against any Nobleman And yet if a Capias or Attachment shall be awarded against a Baron or Peer of the Realm from the Kings Justices at Westminster for a Contempt or in case of Debt or Trespass the Officer without any offence of Law may execute the same c. Distress see Process and Replevin Drapery Cloth Dyers Wooll Logwood I. LAmbert 3. cap. 1. pag. 331. Two such Justices quorum unus Corporation may once every year appoint Overseers for the whole year following of Cloth to be made or sold in any Town not being Corporate and may charge them upon their Oaths to see execution of some parts of the Statute 3 4 Ed. 6. 2 P. I. N. 1 Dalt 42. cap. 14. Officer II. Lamb. 364. If any person commanded by two Justices of Peace to appear to be made an Overseer to see 3 4 Ed. 6. 2 § 12. N. 1. kept do without reasonable excuse refuse to come and to take upon him that Office he is to forfeit for every such refusal 40. s. and thereof those Justices are appointed to have the one half Collusion III. Lamb. 461 462. Inquiry at Sessions on 3 4 Ed. 6. 2 § 1. N. 1. If any Clothier have not set
Kent agreeing with the form of the Precept is to return particular Juries for the Hundreds and one general Jury for the body of the Shire this last is made up with us for the most part of the Constables only and those others if they be not filled at the first are wont to remain and to be renewed with the Rules from Sessions to Sessions but that usage is no small hinderance to the service as many do think by reason that those particular Juries being seldom served with full appearance the whole Enquiry standeth only upon their labor that are Impannelled for the body of the Shire that is to say upon one man of each Hundred or two at most who cannot be thought to see so much as a whole Jury of Eyes both do and may see and therefore they think that it were good to make up some of the particular Juries also when they be not full de Circumstantibus of other Hundreds by which means either the whole Shire or at the least a great many parts thereof might perused and serve and to this Opinion Mr. Marrow seemeth to encline saying That in default of those which are Returned the Justices may take a Jury de Circumstantibus and hereunto also 3 H. 8. 12. § 1. N. 5. sheweth good Consent Lieu. XXI Lambert 394. Neither is it to be objected that men being all of one Shire may not take knowledge of things done in divers Hundreds seeing they have divers occasions of meeting together as at the County Court the Sheriffs turns the Assises and General Quarter Sessions and if a Jury of one Hundred would make Presentment of an offence done within any part of the Shire out of their own Hundred this were good in Law Justices XXII Lambert 395. And the Justices may upon cause remove a Juror after he is Sworn 20 H. 6. 5. Again if after the Swearing of the Jury their service be put off till the next day upon any urgent occasion then may they be Sworn of new as if they had not before appeared 7 H. 4. 38. Verdit XXII Lambert 395. Each Jury of Enquiry ought to contain XII in number at the least and if there be XVIII or more it shall not be amiss Yea it is a common order with us to have them of an odd number as XIX or XXI to the end as it seemeth that if they should dissent in opinion somewhat equally yet there should be always one to weigh down the side and cast the Ballance but if XII of them do agree the gainsaying of the residue cannot hinder the Presentment yea the Law was in the time of King Etheldred that in a Jury of XII the agreement of VIII should prevail and make a good Verdit although for a long time together it hath been and is yet otherwise used Imprisonment XXIV Lambert 395. 396. The Justices ought not to Commit these Jurors of Enquiry to any keeper nor to keep them without meat or drink nor to carry them out of the Town and yet they may adjourn them to another place to give their Verdit Evidence XXV Lambert 396 397. Nevertheless it is to be wished that these and such other Enquirors would more carefully imploy themselves in that service which is the chief and almost the only ground whereupon the Justices are to work c. and this shall they the better do if they will be directed by these few Counsels 1. That they come prepared to further the Good of their Country and not to save their Issues or to serve for fashion sake 2. That they give Credit to Credible persons sworn to Inform them 3. That they measure their doings by the right line of Law and not by the crooked cord of pretended Equity and counterfeit conscience 4. That they hold not a Court of Common Plea by admitting proof of Witnesses against the King as knowing that they are not to try an Issue but to offer an Information the truth or falshood whereof shall be tryed by another Jury 5. That they discover not their own doings c. Maintenance XXVI West Symb. 2. part 112 § 130. An Indictment of Embracery and taking money c. contra to 38 Ed. 3. 12. Lamb. Precedents 14. b. 15. Pl. 39. Essex ss Essex ss Juratores pro Domino Rege super sacramentum suum presentant quod A.B.C.D. c. naming all the Jurors c. Jurat ' in quadam Assiza Novae disseisinae quae nupersummonita fuit Coram dilectis fidelibus dicti Domini Regis c. L. M. N. O. c. nuper Justiciariis dicti Domini Regis nunc ad Assizam illam capiend ' per breve ipsius Domini Regis inter W. S. J. H. de tenement ' in N. in Com' E. predict ' postmodum viz. die Lunae c. Anno c. Coram prefat ' L. M. N. O. c. apud M. in Com' E. predict ' per breve ipsius Domini Regis si non omnes capt ' posit ' pro veredicto suo in hac parte dicenddo de prefat ' J. H. diversas pecuniarum summas viz. A. B. de predict ' J. H. XL. s. alia dona scil ' panem serevicium vinum ad valenc ' 20 s. illigitime ceperunt c. predict ' J. K. Imbraciator ejusdem Assizae ad eandemducend ' procuran'd de prenominato W.S. summam decem marcarum 20 die Aug. An. Regni c. apud M. predict ' in Com' E. illigitime ceperunt in dicti Domini Regis nunc contempt ' contra formam Cujusmodi Statut ' in Parliamt ' Domini Ed. olim Regis Angliae tertii Anno Regni sui 38. tento in hujusmodi Casu provisi ac Editi XXVII West Symb. 2. part 112. § 131. Fees Another Indictment reciting 38 Ed. 3. 12. 34 Ed. 3. 8. Crompt 261. pl. 95. Essex ss Juratores pro Domino Rege super sacrament ' suum dicunt quod ubi in parliamnt ' Domini Ed. nuper Regis Ang. tertio progenitoris Domini Regis nunc Ann Regni sui 38. tent ' inter caetera concordat ' existit quod si aliqui Jurat ' in Assiza Jurat ' seu aliquibus inquisitionibus capiend ' inter Domin ' Regem partem vel inter partem partem quicquid capiant per ipsos vel per alios de parte conquerent ' vel defendent ' pro veredict ' suo dicend ' super hoc per processum in quodam Articulo de Jurat ' Anno Regni ejusdem Domini Regis 34. factum convincantur sive sit ad sectam partis aut alterius cujuscunque personae qui pro Domino Rege aut pro seipso prosequi voluerit solvat quilibet dictor ' Jurat ' decies tantum quantum ipse recepit habeat ille qui sectam produxit unam medietatem Dominus Rex alteram meditatem quod omncs Imbraciatores ducent ' procurant ' tales inquisitiones in
Crompt 177. § 23. Boult 70. 71. Lamb. 572. infra Ale IV. 5 6 Ed. 6. 25. Alehouse-keepers to pay only 12 d. for recognizances Lambert 431. Crompt 176. § 10. Justices V. 5 Eliz. 4. § 38. N. 1. Fees of Justices of Peace sitting in Execuon of this Act of Labourers 5 s per diem Crompt 176. b. § 21. Licence VI. 27 Eliz. 4. § 10. N. To Clerk of the Peace c. for license of Kidder Drover Badger c. and for Recognisanzance 8 d. Register 4 d. Licence VII 1 Jac. 27. § 7. N. 1. Clerk of the Peace to take only 12 d. for licence to shoot in Hand-gun c. Inrolment VIII Lambert 4. cap. 4. pag. 430. 431. Enquiry in Sessions if the Clerk of the Peace have taken above 12 d. for the Inrollment of a Bargain and Sale of any Land not exceeding 40 s. per Annum or above 2 s. 6 d. if the Land exceed the value of 40 s. by the year 27 H. 8. 16. § 1. N. 4. Crompt 59. § 31. or have taken above 2 s. in all for any Licence or Recognizance of a Badger Drover Kidder or Lader and for the Registering thereof 5 Eliz. 12. § 6. N. 3. or have taken above 12 d. for a Recognizance of him that taketh a Rogue into his service for one year 14 Eliz. 5 § N. Crompt 59. b. § 32. 33. 177. Extortion IX Crompt 57 b. § 1. Nota the Commissioner § 6. gives power to the Justices of Peace to enquire of all Extortions generally Crompt 8. b. § 33. Officer X. Crompt 175. b. 176. § 5. The Commission gives power to the Justices of Peace to enquire of Extortions and therefore where a Statute gives Fees to an Officer who takes more the Justices of Peace may inquire thereof tho the Statute doth not give it Justices XI Crompt 176. § 9. It s said that a Justice of Peace shall have for his Fee for every Recognisance taken by him of the Peace 2 s. and for Recognisance of the Bailment of a Prisoner 2 s. and for every Supersedeas of the Peace 2 s. for every Warrant of the Peace under his Seal 2 s. and for recording a release of the Peace 2 s. and for a Precept which toucheth the Peace 4 d. XII Crompt 177. Ab. § 32. Lords of Franchises shall by 12 R. 2. 10 § 1. N. 5. be contributory to the Wages of the Justices of Peace Franchise and this shall be intended that if any Lord of a Franchise hath the Fines and Amerciaments of all his Tenants and Inhabitants within such a Vill where c. that the Fines and Amerciaments shall be rated for the Portion and the Sheriff shall retain so much of them when the Lord demands them in the Exchequer and if the Lord may levy them by his Officers as he may by the Kings Grant then the Justices of Peace shall be paid by the Lord himself Marrow Lect. 10. Boult 2. cap. 22. pag. 70. XIII Crompt 177. b. Justices Every one of the eight Justices who is not a Baron or c. who comes to the Quarter Sessions shall have 4 s. by the day that they serve there and their Clerk viz. the Clerk of the Peace 2 s. 12 Rich. 2. 10. Boult 70 71. XIV Crompt 177. b. Constable The Constable who arrests one that is like to make an affray shall take no Fine nor Fee of him for his deliverance by Marrow Lect. 7. XV. Crompt 177. b. The Clerk of the Peace shall have for every Recognizance of the Peace taken in Court 2 s. Officer and for every release of the Peace 2 s. and for awarding Process against any one to find surety of the Peace 2 s. XVI Boult 2. cap. 22. pag. 70 71. and hereof viz. on 14 R. 2. 11. Justices also Mr. Marrow collecteth that how many soever Commissioners of the Peace there shall be assembled at these Sessions yet only eight of them shall receive the Wages because that at such time as these Wages were first appointed the Law did take knowledge and make allowance only of eight Justices and no more Crompt 177. b. XVII Boult 71. ib. Exchequer And Marrow also maketh it doubtful whether it be not in the power of the Barons of the Exchequer to appoint which eight when more be assembled at the Sessions shall have the Wages paid unto them but it seemeth by 14 R. 2. 11. § 1. N. 3. that the Sheriff shall first pay the Wages and then the Barons shall make the allowance according to the Indenture so that I see no liberty of such nomination left unto the Barons Lambert 572. XVIII Bolt 2. cap. 22. pag. 71. Justices It would be somewhat hard indeed to strain 14 R. 2. 11. § 1. N. 2. so far as to give Wages thereby to so many Justices as be now at these days in every Shire and would be present at the Sessions and it might breed both offence against the Sheriff and a jealousie among the Justices themselves to have one of them preferred before another in this payment and therefore I think it wisely done as it is somewhere used to bestow the whole allowance upon the defraying of their common diet XIX Bolt 71. ibid. If the Fines and Amerciaments of the same Sessions Amerciaments saith Mr. Marrow will not fully amount to the sum of the Wages then due to the Justices yet shall the Wages be valuably payd out of them so far as they will extend XX. Polt de Pace 90. § 38. Extortion If a man Indicted and Arraigned of Felony doth plead and shew forth the King's Pardon of the same Felony which is allowed by the Court whereupon he doth pay and give his Fees of Gloves to the Justices and the other Officers of the Court this is no Extortion but an Ancient Fee and lawfully due unto them 4. Edw. 4. 10. XXI Lambert 572. the Statute 12 Rich. 2. 10. § 1. N. 5. had allowed to every of eight Justices of the Peace four shillings by the day Justices for the time of their Quarter Sessions to be paid by the hands of the Sheriff of the Fines and Amerciaments coming of the same Sessions But because it was soon after seen that it was a great delay to the Justices of Peace in this payment to expect the levyings of those Fines and Amerciaments by Estreats first sent up to the Exchequers and then delivered thence to the Sheriff which was at that time the common manner of levying Fines and Amerciaments therefore it was within two years after viz. 14. R. 2. 11. § 1. N. 3. provided that the Estreats of the Justices of Peace should be indented or doubled and the one part thereof delivered by them to the Sheriff to the intent that he may levy the mony thereof rising and pay the Justices their Wages by Indenture between him and them to be made and the
because the Statute 15 R. 2. 2. § 1. N. 3. is that the Justice shall Record the Force and Commit him and this is for the King as in the Case where a Constable Arrest one that would assault him he may Imprison him till he will find Sureties of the Peace per Curiam 5 H. 7. 6. faux Imprisonment Br. 42. and yet I heard Flowerdew Justice of Assize at Stafford in his Charge there say That it hath been often seen that a Justice of Peace who hath executed his Office in his own Case hath been punisht in the Star-Chamber 43 Eliz. 7. § 3. N. 1. Dalt 344. cap. 120. § 2. XX. Lambert 2. cap. 4. pag. 147. And as the Statute 8 H. 6. 9. § 2. N. 3. Costs saith that this ought to be done at the Costs of the party grieved so Marrow thinketh that unless these Costs be tendered before hand the Justice needeth not to stir about it But howsoever he being then a practicer in the Law might think it good to stand upon his Fee yet I advise our Justice of the Peace to go forward as having more regard of his Credits Oath and Duty Costs Br. 2. XXI Lambert 147. Neither ought the Justice to Stagger Droit or stay at at all about the right or wrong of his Title that entreth or holdeth forcibly for considering that 5 R. 2. 7. § 1. N. 2. doth without exception prohibit all Entry with Force howsoever the Entry be otherwise lawfull and seeing also that 8 H. 6. 9. § 3. N. 3. permitteth no forcible holding but only where three years possession have gone before and weighing moreover that both they and 15 R. 2. 2. § 1. N. 3. do together labor to repress force and Violence and have also made the Justice of Peace their Minister therein I see no cause why the Justice of Peace who perhaps shall want sufficient learning in the Law to discern of the right or title and yet may be both a fit person to remove the Force and able enough to restore the possession should be tyed to the discussion of the right or title of either of the parties and this I gather upon the opinion of all the Court 9 H. 6. 19. Entre 5. Forcible Entre Br. 18. which was the very next year after the making of the last of these Statutes where it is said that Acc. Sur Stat. Br. 7. is for the right only and must say Illicite ingressus est or ubi ingressus non datur per legem But the Indictment is for the Force in respect of the King to whom the party shall make Fine although his right be never so good and sound 22 H. 6. 18. Crompt 74. 164. b. 166. b. Dalt 197 198. cap. 77. 210. cap. 81. Justices XXII Lambert 148 149. And therefore the Justices of the Peace may boldly proceed in this business taking with him sufficient power of the Country by his Discretion and therein the Sheriff also if need do require as well for the Arresting of such as he shall find to Enter or hold forcibly against these Laws as also for the removing of the Force which they bring and for the conveying of them to the next Goal as persons thereof Convicted by his own Eye Testimony and Record Boult 123. cap. 29. § 8 9. Record XXIII Lambert 149 150. The Record of the Force Kent ss Record Memorandum quod 8. die mensis Januarii Anno Regni c. Questus est mihi S. L. uno Justiciar ' dicti Domini Regis ad pacem in dicto Comitatu conservand ' Assignat ' quidam A. B. de W. in dicto Com' Yeoman quod C. D. de W. predict ' nonnulli alii pacis dicti Domini Regis perturbatores ignoti in Domum Mansionalem ipsius A. B. in W. predict ' manu forti ingressi sunt ipsum A. B. inde Dissesiverunt ac eandem manu forti Armata potentia adhuc extra tenen ' ac proinde petit ' a me sibi in hac parte remedium Apponi Quae quidem querimonia petitione audita ego prefatus S. L. Immediate ad dictam Domum Mansionalem personaliter accessi ac in eadem Domo adtunc inveni prefatum C. D. quosdam E. F. G. H. c. Domum illam vi Armis manu forti Armata potentia viz. Arcubus sagittis Gladiis pugionibus Galeis loricis tenentes contra formam Statuti in Paliament ' Domini Rich. nuper Regis Angl ' secund ' Anno Regni sui XV. tent ' provisi ac contra form ' diversorum aliorum Statutorum ac propterea ego prefat ' S. L. predictos C. D. E. F. G. H. adtunc ibidem Arrestavi proximaeque Goalae dicti Domini Regis apud M. in dicto Comitatu duci feci ut de dicta manu forti tentione per visum Recordum meum convictos ibidem moraturos quousque Fines dicto Domino Regi pro transgressionibus suis predictis fecerint Dat' apud W. predict ' sub sigillo meo die Anno supradict ' per me prefat ' S. L. Dalt 391. cap. 129. Crompt 74. b. Imprisonment XXIV Lambert 150 151. The form of the Mittimus to the Goaler may be thus Kent ss G. C. one of the Justices of the Peace of our Soveraign Lord the Kings Majesty within his said County of K. to the Keeper of his Majesties Goal at M. in the said County and to his Deputy and Deputies there and to every of them Greeting Whereas upon Complaint made unto me this present day by A. B. of W. in the said County Yeoman I went immediately to the Dwelling House of the said A. B. in W. aforesaid and there found C. D. E. F. G. H. of W. aforesaid Laborers forcibly and with strong hand and Armed power holding the said house against the Peace of our said Soveraign Lord and against the form of the Statute of Parliament thereof made in XV. year of the Reign of our late King Richard the Second Therefore I send you by the bringers hereof the Bodies of the said C. D. E. F. and G. H. Convicted of the said Forcible holding by my own View Testimony and Record Commanding you in his Majesties Name to receive them into your said Goal and there safely to keep them untill such time as they shall make their Fines to our said Soveraign Lord for the said Trespasses and shall be thence delivered by order of the Law of the Land hereof fail you not upon the Peril that may follow thereof Given at W. aforesaid under my Seal the day and year abovesaid by me the said G. C. Crompt 74 b. 75. Dalt 391. cap. 129. Poult de Pace 38. § 15. XXV Crompt 62. § 16. The Queens Attorney viz. Sir Gilbert Gerard Amerciament exhibited a Bill in the Star-Chamber on 17 R. 2. 8. because the Sheriff and Justices of Peace of Stafford did not remove the
preservation of the Peace chiefly towards one XIV Dalt 187. ibid. Justices Also this Surety of the Good Abearing is most commonly granted either in open Sessions of the Peace or out of the Sessions by two or three Justices of the Peace whereas that of the Peace is usually granted by one Justice of Peace and out of Sessions Dalt 366. infra XV. Dalt 187 188. And yet by the words of the Commission as also by the Common opinion of the Learned Lambert 120 121. Crompt 135. b. 14 H. 7. 8. supra Any one Justice of Peace alone and out of the Sessions may grant this Surety of the Good Abearing and that either by their own discretion or upon the complaint of others as they may that of the Peace But this is not usual unless it be to prevent some great and sudden danger especially against a man that is of any good Estate carriage or report Crompt 138. infra XVI Dalt 189. cap. 75. I lately granted the Good Behaviour against one for that he had bought Ratisbane and mingled the same with Corn Coron and then wilfully and malitiously did cast the same among his Neighbours Fowls whereby most of his Fowls dyed and it was holden to be a Good cause to bind the Offender over by the whole Bench and since I have known it allowed as a Good Cause by the Judges of Assize XVII Dalt 189. The Justice of Peace also upon his own discretion Suggestion and without complaint may bind to the Good Behaviour any other person which in his presence or hearing shall misbehave himself in some outragious manner of Force or Fraud and may Commit such person to the Goal if he refuse to be bound Recognizance XVIII Dalt 189. It is also grantable against such as be of Evil Name and Fame generally but more specially against such as are Defamed or Detected in any of these particulars 1. For resorting to houses suspected to maintain Adultery or Incontinency 2. The Maintainers of suspected Bawdy houses 3. Common Whores or Whoremongers 4. Night Walkers that be suspected to be Pilferers or otherwise like to disturb the Peace or that be persons of Evil Behaviour or that shall keep Company with such Evesdroppers Cutters of Gates Carts Pens c. 5. Persons suspected who live Idly and yet fare well or are well aparelled having nothing whereon to Live except on Examination they give a good account Dalt 354 And 6. Common Haunters of Alehouses Taverns and Common Gamesters but more especially if they have not whereon to Live 7. Common Drunkards twice Convicted by 7 Jac. 5. 21. Jac. 7. § N. 8. Such as use to go on Messages for Theeves London XIX Crompt 140. § 21. One who had ill Women in his House in London was Committed untill he were bound to Good Behaviour and this was so odered at the Sessions at Newgate 28 Eliz. by Wray and Anderson Chief Justices and Manwood Chief Baron Dalt 189. cap. 75. XX. Dalt 190. cap. 75. Fresh Suit Also the Good Behaviour seemeth grantable against such as shall make false Outcryes or shall raise Hue and Cry without Cause for these are disturbers of the Peace Crompt 179. If one man doth levy Hue and Cry upon another without Cause either of them may be Attached and bound over as Disturbers of the Peace 29 Ed. 3. Trespass 252. tamen Quaere Concerning him upon whom the Hue and Cry is levied except he be either a man of evil Fame or that there be some Felony Committed Collusion XXI Dalt 190. Also it seemeth grantable against Cheaters and Coseners Slander XXII Dalt 190. ibid. Libellers it seemeth also my be bound to their Good Behaviour as Disturbers of the Peace whether they be the Contrivers the Procurers or the Publishers of the Libell c. by Writings Words or Pictures c. 5 Co. 125. and no matter whither true or false Execution XXIII Dalt 191. The Sheriffs Bayliff upon a Warrant from the Sheriff to make Execution of the Goods of A. went into the house of A. finding the door open and A. shut the doors upon the Bayliff and so deteyned him as a Prisoner in his House and Sir Robert Houghton one of the Judges of the Kings Bench thought it a good cause to grant out Process de bene Gerendo against A. for thus abusing an Officer of the Law Anno 17 Jac. Contempt XXIV Dalt 191. It seemeth that he which shall use words of contempt or contra bonos more 's against a Justice of Peace tho it be not at such a time as he is Executing his Office yet he shall be bound to his Good Behaviour Religion XXV Dalt 192. Disturbers of Preachers by the Statute 1 Mar. 1. 2 cap. 3. § 6. N. 2. And destroyers of Fish by 5 Eliz. 21. § 2. N. 6. and shall be bound to the Good Behaviour at the Sessions Pope XXVI Dalt 192. § 5. Popish Recusants absenting from Church shall be bound in B. R. by 23 Eliz. 1. § 5. N. 2. Pardon XXVII Crompt 135. He that is Attaint for Felony and hath a pardon shall find Surety for the Good Behaviour with six Mainpernors during his Life by 10 Ed. 3. 3. § N. Dalt 192. § 6. Coro XXVIII Crompt 135. He that is acquit of Felony shall be bound to the Good Behaviour if he be of ill Fame or ill Gesture Rast Entr. 361. Dalt 192. § 6. Poult de Pace 118. XXIX Dalt 193. To be Drunken is a Breach of the Good Behaviour Ale as Sir Nicholas Hide did deliver it in his Charge at Cambridge Lent Assizes An. 3. Car. 1. XXX Dalt 193. cap. 75. Whether the Surety of the Good Behaviour taken upon complaint may be released by any special person Release some do doubt it because it seemeth more popular then the Surety of the Peace yet others do hold that it may be released either by the Justice of Peace himself that took it in discretion or by the party upon whose complaint it was granted even as that for the Peace may Dalt 176. cap. 71. 391. cap. 128. Lambert 123. XXXI Dalt 193. ibid. Supersedeas It seemeth also a Supersedeas of the Good Behaviour my be granted by the Justices of Peace as well as for the Peace mutatis mutandis upon Good Sureties c. Crompt 237. Dalt 365. cap. 122. 390. XXXII Cr. 146. Certiorari If a man be bound to the Good Behaviour before Justices of the Peace and to appear at the Assizes next c. the party bound may remove the Recognizance into the Chancery before the day and then he shall not be bound to appear at the Assizes for they have no Record whereon he can be demanded there and such a Certiorari was obtained de Banco Regis Hill 24 Eliz. to the Justices of Peace in Com' Staff to certifie such Recognizance of the Good Behaviour taken of one Ashenhurst Dalt 193.
cap. 75. 366. cap. 122. 18 Ed. 4. 17. Condition Br. 162. XXXIII Lambert 2. cap. 2. pag. 121. Process The Precept of the Good Abearing Kent ss B. A. E. S. Two of the Justices of the Peace of our Soveraign Lord the Kings Majesty in the County of Kent to the Sheriff of the said County To the Constables of the Hundred of B. and to the Borsholders of the Town of E. in the said Hundred and to every of them Greeting Forasmuch as A. B. of E. aforesaid is not of Good Fame nor of honest Conversation but an Evil doer Rioter Barretor and perturber of the Peace of our said Soveraign Lord as we are given to understand by the complaint of sundry Credible persons therefore on the behalf of our said Soveraign Lord We Command you and every of you that you cause the said A. B. to come before us or some other of our Fellow Justices to find sufficient Surety and Mainprise as well for his Good Abearing towards our said Soveraign Lord and all his Liege People untill the next Quarter Session of the Peace to be holden in the said County as also for his Appearance then there and if he the said A. B. shall refuse so to do that then immediately without expecting any further Warrant you him safely convey or cause to be safely conveyed to our next Prison in the said County there to remain untill he shall willingly do the same so that he may be before the Justices at the said next General Sessions of the Peace to be holden in the said County then and there to Answer for his Contempt in this behalf and see that you certifie your doing in the Premisses to the said Justices at the said Sessions bringing then thither this Precept with you Witness the said B. A. and E. S. of B. c. the _____ day of _____ c. Crompt 236. b. in Latine XXXIV Lambert 122. ibid. Recognizance The usual Recognizance for the Good Abearing Memorandum quod 4. die Julii An. c. R. P. de E. in Com' predict ' Yeoman in propria persona sua venit coram nobis H. P. Kt. S. L. Esq duobus Justic ' dicti Domini Regis ad Pacem in dicto Comitatu conservand ' assignat ' assumpsit pro seipso sub poena vigint ' librarum H. J. de L. in Com' predict ' Yeoman J. F. de M. in eodem Com' Husbandman tunc ibidem in propriis personis suis similiter venerunt manuceperunt pro predict ' R. P. viz quilibet eorum seperatim sub poena Cent ' solid ' quod idem R. P. personaliter comparebit coram Justiciariis dicti Domini Regis ad pacem c. ad proximam generalem sessionem c. quod ipse interim se bene geret erga Dominum Regem cunctum populum suum praecipue erga J. B. de C. c. quod ipse non inferet nec inferri procurabit per se nec per alios Damnum aliquod seu Gravamen prefato J. B. seu alicui de populo ipsius Domini Regis de corporibus suis per insidias insultus seu aliquo alio modo quod in laesionem seu perturbationem pacis dicti Domini Regis laedere valeat quovismodo viz. uterque H. J. J. F. sub pena cent ' librarum predict ' R. P. sub pena ducent ' librarum quas quidem seperales summas Cent ' librarum uterque predict ' H. J. J. F. ut predicitur per se ac predict ' R. P. dict' ducent ' librarum Recognoverunt se debere dicto Domino Regi de terris tenement ' Bonis Catallis suis quorumblibet cujuslibet eorum ad opus ipsius dicti Domini Regis fieri levari si contingat prefatum R. P. in aliquo premissorum deficere inde legitimo modo convinci c. Dat. c. Dalt 370. cap. 123. Kilborns Precedents 192. Condition XXXV Lambert 122 123. Or by a single Recognizance with this Condition Endorsed under Written Conditio Recogn ' predict ' talis est quod si predict ' R. G. Imposterum se bene geret Pacem Domini Regis conservabit erga dictum Dominum Regem cunctum populum suum nullum Damnum Corporale c. extunc Recognitio predicta pro nullo teneatur alioquin in suo robore permaneat Dalt â—71 cap. 123. Supersedeas XXXVI Dalt 365. cap. 122. A Supersedeas of the Good Behaviour by one Justice H. B. Serviens ad legem unus Justic ' Domini Regis c. Vicecom ' ac omnibus singulis Ballivis Ministris fidelibus dicti Domini Regis in eodem Com' eorum cuilibet salutem quia J. S. sufficient ' securitat ' de pace de bono Gestu suo erga dictum Dominum Regem precipue erga W.T. coram me invenit ideo ex parte dicti Domini Regis vobis cuilibet vestrum mando precipio firmiter injungens quod de ipso J. S. pro hujusmodi securitat ' c. inveniend ' capiend ' sive Arrestand ' omnino supersed ' si ipsum J. S. ea occasione ceperitis sive Imprisonaveritis tunc eum deliberari facias si ipse J. S. ea occasione non alia detineatur Teste c. XXXVII Dalt 366. cap. 122. And Mr. Crompton is of Opinion that these viz. Supersedeas of the Good Behaviour c. may be granted by any one Justice of the Peace with whom Rast Entr. 454. tit Peace But Mr. Lambert 123. thinketh it not in the lawfull power of any one Justice of Peace to grant such Supersedeas at this day but that it must be done by two Justices at the least and the one being of the Quorum nevertheless for that I find the old Precedents to run in the name of one Justice of the Peace alone I have drawn these accordingly perswading notwithstanding the Joyning of two Justices herein and one of the Quorum if they may conveniently XXXVIII Crompt 138. § 3. Justices And it seemeth that one Justice of Peace may Award such a Precept viz. for the Good Behaviour against another person by his discretion as well as two Justices may and the Statute 34 Ed. 3. 1. § 1. N. 6. is to the same effect by the words thereof otherwise perhaps Damage would happen to some of the Kings Subjects if the party be not Attacht before two Justices have made the Precept yet the common usage is to make such a Precept of the Good Behaviour in name of two Justices and it is good to keep this Ordinance Fitzh J.P. 7. XXXIX Dalt 371. The Condition of a Recognizance c. Condition The Condition of this Recognizance is such that if the above bounden R. G. shall personally appear before the Justices of our Soveraign Lord the King at the next General Sessions of the Peace to be
holden in the County of C. to do and receive that which by the Court shall be then and there enjoyned him and that in the mean time he be of Good Behaviour and do keep the Peace of our said Soveraign Lord the King towards his Majesty and all his Liege People That then c. XL. Dalt 371. Or this Conditio Recogn ' predict ' talis est quod si predict ' N. G. Imposterum se bene Geret pacem Domini Regis conservabit erga dict' Dominum Regem cunctum populum suum quod tunc Recognitio predicta pro nullo teneatur alioquin in suo Robore permanere XLI Dalt 365. Note that such supersedeas viz. supra § 36. is good Supersedeas tho it name neither the Sureties nor the Sums wherein they are bound but yet it is the better Form to express them both for then if it shall appear that the Sureties are not sufficient men or not bound in sufficient Sums better Sureties may be taken c. Gaugers see Measures Glass-men see Trades Goals see Imprisonment Goldsmith see Metle Grain see Corn. Graziers see Catle Greyhounds see Catle Green Wax see Proces and Seals Guns see Forest and Shooting Habeas Corpus see Imprisonment Certiorari Handguns see Forest and Shooting Hay and Oats see Corn Hares see Forest Harvest see Poor and Husbandry Hawks see Fowl Harness see War Harborers see Hostler Headbrough see Constable Hedgbreakers see Trespass Herring see Fish Hearthmoney see Taxes Highwayes see Wayes Hides see Leather Homicide see Coron Horn see Trades Horses see Catle Horsebread see Corn. Hospital see Poor Hostler Harborer Lodger Innes Victuals Inholder Hay and Oats Market overt I. Lambert 448. Inquiry in Sessions if any Inholder c. or other Seller of Victual have not Sold the same at reasonable prizes 23 rd 3. 6. 13 R. 2. Crompt 67. b. 91. b. Corporation II. Lambert 4. cap. 4. pag. 4. 465. Inquiry on 13 R. 2. 8. § 1. N. 6. 32 H. 8. 41. § N. If any Inholder dwelling in any City Town Corporate or Market Town wherein is any Common Baker that hath been Apprentice there Seven years have within his own house made any Horse Bread or dwelling in any other Thorow-Fair have made it insufficiently and not of due Assize Crompt 90. a. 91. b. III. Lambert 465. If any Inholder have taken any thing for Litter Fees or have taken excessively for Hay or have taken above one Half-Penny in a Bushel of Oats over the Common Price in the Market 13 R. 2. 8. § 1. N. 8. 4 H. 4. 25. § N. 21 Jac. 21. Crompt 91. b. IV. Dalt 25. cap. 7. Every Keeper of Tavern Ale Keeping also an Inne or Victualling in his House and every Inkeeper c. which shall suffer any Townsman or any Handycrafts man or Laborer working in the same City or Town to remain and continue Drinking in their said House except such as shall be invited thither by a Travellor and during his necessary abode there c. except allowed by two Justices of Peace the said offence being seen by any Justice of Peace within his Limits or confest or proved by one Witness on Oath Forfeit 10 s. 1 Jac. 9. § N. Crompt 77. b. 78. V. Dalt 27. cap. 7. Now no person may come to Tiple in any such Tavern or in any Inn c. in the same Town where he dwelleth nor dwelling within two Miles thereof except he be a Traveller and so Sir Francis Harvey Knight delivered it in his charge at Cambridge Summer Assizes Anno 1629. VI. Dalt 28. cap. 7. If a Common Inholder c. Wayes will not Lodge a Traveller any Constable or Justice of Peace may compell him thereto But how the Officer shall compell him Quaere It seemeth that all the Officer can do is either to cause such Alehouse Keeper to be suppressed or else to present such Offence of an Inn-Keeper at the Assizes or Sessions of the Peace that so such Offender may be thereupon Indicted see the Commission And at Lent Assises Anno 1622. Sir James Leigh Lord Cheif Justice of B. R. delivered it in his Charge that an Innkeeper c. might be Indicted Fined and Imprisoned for the same or else that the party grieved might have an Action S. Case Br. 76. 92. against the Innkeeper refusing to Lodg him Kell 50. 14 H. 7. 22. b. VII Crompt 77. ab Nota That it hath been agreed that such Inns that have been newly erected since the Statute 5 6 Ed. 6. 25. and were not Innes before must have Licences as Alehouses shall have Licence and this was put in ure upon an Indictment Traverst and Tryed at the Assizes in Sussex about 16 Eliz. as I have heard by him that was Counsel with the party Indicted Dalt 31. cap. 7. VIII Hales Pleas of the Crown 146. Hospitals and Houses of Correction see Poor Hue and Cry see Fresh Suit Hundred see Franchise Constable Sheriff Hunting see Forest Husband see Baron Feme Husbandry Tillage Aprovement Abby I. Lambert 463. Inquiry in Sessions if any owner of any Scite or Precinct and Demeans of any late Dissolved Religions House that was in yearly value under 200 l. per Annum do not keep an honest and continual houshold thereupon 27 H. 8. 28. § 9. N. 1. Lambert 600. Crompt 96. b. 124. b. Leases II. Crompt 96. b. Inquiry if any takes in Ferm any house to which any Land belongs above two such holds in one Vill or Hamlet or if any hath occupied two such holds in one Vill or Hamlet and doth not inhabit in the same Parish he shall Forfeit for every week 3 s. 4 d. Fitzh J. P. 128. 25 H. 8. 13. § 14. N. 2. Justices III. Lamb. 612. I will not gainsay but that the Justices of Peace may at any Special Session of the Peace give in Charge all such Statutes as dogive unto them a general power of Enquiry without using mention of restraint to any Sessions as 25 H. 8. 13. § 5. N. 1. of Sheep Catle IV. Lambert 464. Inquiry at Sessions if any person have at once kept above the Number of 2000 Sheep of all sorts against 25 H. 8. 13. Crompt 125. b. V. Crompt 152. Such Process shall be awarded against him who is Indicted upon 25 H. 8. 13. Concerning the keeping of Sheep above a certain Number as is used in Trespass Presented before the Justices of Peace Days VI. Crompt 193. b. The party must begin his Action of Debt Bill Plaint or Information within the year and his Presentment or Information for the King shall be taken within 3 years after the offence Committed against 25 H. 8. 13. § 6. N. 1. of Sheep Justices VII Lamb. 463 464. Note that the Offences against the Statute of Husbandry and Tillage 39 Eliz. 2. which extendeth not to Kent Essex Sussex and many other Shires nor to the greatest part of Wales are
such Hospital and they three may charge the Accountant under penalty to lose such Sum of Mony as they shall think meet to account and not to delay it c. 14 Eliz. 5. § N. 39 Eliz. 18. CIII Lamb. 352 353. Two Justices of the Peace Bastard the one being of the Quorum in or next to the limits where the Parish Church is in which a Bastard Child left to the charge of the Parish shall be born ought to take order by their discretion as well for the relief of the Parish and keeping of the Child as also for the punishment of the Mother and reputed Father thereof 18 Eliz. 3. § 2. 2. N. Crumpt 199. Dalt 37. cap. 11. CIV Lamb. 353. Two Justices of Peace the one being of the Quorum Tythes upon complaint by any competent Judge of Tythes for any misdemeanour of the Defendant in a suit of Tythes may cause him to be attached or committed to Ward till he find Surety unto him by Recognizance to the King's use to obey the Process and Sentence of that Judge 27 H. 8. 20. § 1. N. 7. Crumpt 200. CV Lamb. 353. Tythes Also upon complaint in writing by an Ecclesiastical Judge that hath given definitive Sentence in Case of Tythes against one which wilfully refuseth to pay the Tythes or Sums of Mony so adjudged two such Justices may cause the party to be attached and committed to the next Goal till he find such Surety as is aforesaid to perform that Sentence 32 H. 8. 7. § 4. N. 1. Certificat Br. 31. CVI. Lamb. 353 354. Fresh Suit◠After Execution had for the party Robbed against the Men of the Hundred and upon complaint made by them so charged two Justices of the Peace one being of the Quorum of the same County inhabiting within the said Hundred or near unto it where any such Execution shall be had may Assess and Tax ratably and proportionably by their discretions all and every the Towns Parishes Villages and Hamlets as well of the said Hundred as of the Liberties within the same towards an equal Contribution to be had for the relief of them against whom such Execution was had Dalt 22. cap. 6. 27 Eliz. 13. § 5. N. 1. CVII Lamb. 354. Two Justices of Peace Wayes whereof one to be of the Quorum which were present at the Session wherein any person was Convicted for any offence against the Statute 27 Eliz. 19. § 2. N. 3. of High-ways within the Wield of Kent Surry or Sussex may make Warrant for levying the forfeits thereof to any Officer and they also may appoint by their discretion such ways and means to levy the doubles for not paying those forfeits within twenty days next after lawful demand of the same by such Officer 39 Eliz. 19. § 4. N. 6. CVIII Lamb. 354. Poor Any two Justices of the Peace have power to hear and determine all Causes that shall grow in Question by the Statute of Rogues 39 Eliz. 4. Dalt 21. cap. 6. 154. cap. 66. CIX Lamb. 354. Two Justices of Peace of or near the place to which a Soldier or Mariner cometh with a Testimonial of one Justice of Peace shall take order by their discretion for setting to work or relieving of him if he cannot of himself get work there or imploy himself in lawful course of Life 39 Elizab. 17. § 6. N. 1. Dalton 22. cap. 6. Drapery CX Lamb. 355. Two Justices of Peace dwelling next any City or Town where any Retailer of Woollen Cloth shall present unto them any defective Cloth against this Statute 5 6 Ed. 6. 6. § 31. N. 1. being conferred with 4 5 Phil. Mar. 5. § 34. N. 1. shall cause the same to be cut into three equal parts whereof the one to be to the King and the other to the Presenters and the third to the Justices themselves Crumpt 200. Dalt 21. cap. 6. 154. cap. 66. Admiral CXI Lamb. 355. No Fisher-man shall be taken to serve as a Mariner by the King's Commission but by the choice of two Justices of the Peace adjoining to the place where he is to be taken 5 Eliz. 5. § 43. N. 1. Crumpt 200. Dalt 86. cap. 34. Woods CXII Lamb. 355. Two Justices of Peace not being of Kindred Alliance Counsel or Fee to the Lord or Owner of a wood appointed by the more part of the Justices of Peace at their Sessions upon complaint of the Lord made unto them may divide and set out the fourth part of it if the Lord and Commoners thereof being first called before them cannot agree upon it 35 H. 8. 17. § 7. N. 2. Crumpt 200. ab Amerciaments CXIII Lamb. 335 336. Two Justices of the Peace whereof the one to be of the Quorum appointed by the Custos Rotulorum or by the eldest of the Quorum in his absence are to Oversee and Controul the Sheriffs Books and Amerciaments and the Estreats of the said Amerciaments are to be made by Indentures betwixt them and the Sheriff or Under-Sheriff and to be sealed with their Seals and they may upon suggestion make Process as in an Action of Trespass against the offenders to answer 11 H. 7. 15. § 1. N. 17. Crumpt 200. b. Poor CXIV Lamb. 356 357. Two or more Justices of the Peace whereof one to be of the Quorum dwelling in or near the Parish or Division where the Parish is must nominate yearly in Easter week or within one month after Easter under their Hands and Seals four three or two c. to be Overseers of the poor and the Church-Wardens and Overseers with the consent of two or more such Justices of Peace set the Poor on work Tax Inhabitants and bind Children out excuse to be allowed by two Justices and accounts yearly c. And two such Justices may Tax any other Parish within the Hundred to contribute to levy and in default to commit 42 Eliz. 2. § 1. N. 1. c. Dalt 154. cap. 66. Drapery CXV Lamb. 357. The offences of Clothiers or others in not paying so much Wages to their Weavers Spinsters c. as shall be rated according to this Act being confessed by the Offender or proved by two sufficient Witnesses before two Justices of the Peace whereof one to be of the Quorum the person offending shall forthwith stand Convicted thereof and the forfeiture of 10 s. to the party grieved to be levyed by Distress and Sale by Warrant from the same Justices 1 Jac. 6. § 7. N. 2. Dalt 21. cap. 6. 156. cap. 66. Poor CXVI Lamb. 357. Any two Justices of Peace of any City Borough Town Corporate and places Priviledged may Assess the Inhabitants thereof at such reasonable Taxes as they shall think fit for relief of persons Infected with the Plague and dwelling in houses Infected to be levyed by Warrant of two such Justices of Peace and in default of Goods to commit c. 1 Jac. 31. §
2. N. 1. Dalt 21. cap. 6. Pope CXVII Lamb. 358. Two Justices of the Peace the one being of the Quorum may require any person of Eighteen years of Age or above Convict or Indicted for Recusancy for not repairing to Divine Service or which hath not received the Sacrament twice within the year then next past or any unknown person passing through the County confessing or not denying being Examin'd upon Oath him or her self to be a Recusant or that he or she received not the Sacrament other then Noblemen or Noblewomen to take the Oath in this Statute appointed and are to certifie in writing at the next Quarter Sessions the names and place of persons so taking the Oath and to commit refusers to the common Goal without Bail until next Assizes or Quarter Sessions 3 Jac. 4. § 13. N. 2. c. Dalt 87. cap. 36. CXVIII 5 6 Ed. 6. 24. § 2. N. 1. No person to make Felts Apparel Hats or Coverlets but by License by Mayor Recorder Steward and two Justices of Peace of the said City of Norwich or by four of them c. Lambert 359. CXIX 35 H. 8. 11. § 4. N. 1. Provided Wales That two Justices in every County of Wales and Monmouth may Tax Inhabitants for Wages of Citizens and Burgesses of Parliament Lamb. 359. CXX 11 H. 7. 9. § 1. N. 5. None to let Ferm in Tindal and Examshire Peace till Lessee with two Sureties of 40 s. per Annum be bound to the King by Recognizance in 20 li. before two Justices of the Peace of Northumberland Quorum unus to appear on six days notice before them or at any Sessions c. Lamb. 359. CXXI Lamb. 359. Purveyors That two Justices have power on 2 3 Phil. Mar. 15. § N. 13 Eliz. 21. § N. for prohibition of Purveyors within five miles of either of the Universities CXXII Lamb. 359. Two Justices of Peace one of the Quorum Ways have power on 14 H. 8. 6. § N. 26 H. 8. 7. § N. for laying out new High-ways in Kent and Sussex CXXIII Lamb. 359. Two Justices Quorum unus have power for repair of Cardiff Bridge 23 Eliz. 11. § N. CXXIV Lamb. 359. The like for the making of the Bridge of Wilton over Wye in the County of Hereford 39 Eliz. 24. CXXV Lamb. 359. The like for repair of Chepstow Bridge 3 Jac. 23. CXXVI 35 Eliz. 6. § 2. N. 4. Cottages None to Erect new Building for Habitation within three Miles of London except Assess'd to Subsidy at 5 li. Goods or 3 li. Lands or shall be adjudged by the two next Justices of Peace by writing under their Hands and Seals to be fit and able to be Assessed in the Subsidy at that rate c. Lamb. 359. CXXVII Crumpt 199. b. Two Justices of Peace may give License to Fencers Bearwards Common-Players in Enterludes Minstrels Juglers License Pedlers Tinkers and petty Chapmen to go so that they shall not be taken for Rogues 14 Eliz. 5. 39. Eliz. 4. § N. CXXVIII Lamb. 360. Riot Three Justices of the Peace one of them being of the Quorum may discharge out of Prison any Person committed thither for his Offence in not declaring to a Justice within 24 hours that he was moved to joyn in any unlawful Assembly contrary to 1 Mar. 1. St. 3. cap. 12. § 11. N. 1. 1 Eliz. 17. § N. Crumpt b. CXXIX Lamb. 360. Apprentice It is requisite that the Certificate that is to be made to the head Officer of a City or Town Corporate where a Child is to be put Apprentice to a Merchant Mercer Draper Goldsmith Ironmonger Imbroyderer or Clothier that the Father or Mother of such Child may dispend forty Shillings freehold by the year be under the Hands and Seals of three Justices of the Peace where the Lands lye 5 Eliz. 4. § 27. N 2. Crumpt 200. b. CXXX Lamb. 360. 361. Four Justices of Peace of the County Pope Limit or Division where a Recusant is confined according to the Statute of 35 Eliz. 1. § N. With the assent in writing of the Bishop of the Diocess or of the Lieutenant or Deputy Lieutenant of the same County under their hands and Seals may give licence to such Recusant to travail about his necessary business according to the limitation of the same licence the Party licenced first taking his Oath that he hath truly informed them of the Cause of his Journy and that he shall not make any causless stayes 3 Jac. 5. § N. Poor ways CXXXI Lamb. 361. The Bishop and his Chancellor and three such Justices of the Peace have power to examine how mony or other relief appointed by King H. 8. or any other to the use of the Poor or of amending of High-ways or Bridges is bestowed and to call to account the Detainers thereof 14 Eliz. 5. § N. 29 Eliz. 18. § N. Crumpt 200. b. Religion CXXXII Lamb. 361. It seemeth that three such Justices of the Peace may out of the Sessions take Information and Accusation by the Oaths of two honest Persons against such as shall deprave the Sacrament of the Body and Blood of our Lord and Saviour Jesus Christ against the Statute and Examine them what other Witnesses were then by and to bind them all by recognizance to give in Evidence at the day of Tryal 1 Ed. 6. 1. § N. but enquire of this matter Dalt 133. 134. cap. 49. Crumpt 124. a. Ways CXXXIII Lamb. 361. 362. Four Justices of the Peace whereof one to be of the Quorum may where a decayed Bridge is and where it cannot be proved who or what Lands be chargeable to the repairing thereof tax the Inhabitants make Collectors and appoint Overseers for the amendment of the same c. 22 H. 8. 5. Crumpt 200. b. 125. Imprisonment CXXXIV Lamb. 362. Six Justices of the Peace may in sundry Shires take order for the common Goals whereof the Sheriff shall have the Custody and to the which Murderers and Felons c. shall be sent and may do and perform divers incidents thereto by the Statutes 23 H. 8. 2. § N. 13 Eliz 25. § N. Crumpt 200. b. 201. a. Sewers CXXXV Lamb. 362. Six Justices of the Peace two of them being of the Quorum may for a whole year after the expiration of any Commission of Sewers execute the Laws of the Commissioners of Sewers unless that a new Commission of Sewers be published within the year 13 Eliz. 9. § N. Dalt 134 cap. 50. Crumpt 201. Wales CXXXVI 34 35 H. 8. 26. § 57. N. 1. The Justices of Peace in Wales or two of them at the least whereof one to be of the Quorum shall and may keep their Sessions within the limits of their Commissions four times in the year and at other times upon urgent Causes as Justices of Peace in England use to do and shall have like Power and
Authority in all things and fees c. Lamb. 362. so in Cheshire by 27 H. 8. 5. § 7. N. 1. Forfeiture CXXXVII Lamb. 365. 366. The Statutes do now and then correct the dulness of these Justices with some strokes of the Rod or Spur and therefore generally if a Justice of Peace will not give remedy to a Party grieved in any thing that he may hear determine or execute then upon complaint to the Justices of Assize or to the Lord Chancellor he shall not only be put out of the Commission by the Lord Chancellor but shall also be punished according to his demerits 4 H. 7. 12. § 1. N. 5. Crumpt 144. Lamb. 94. 95. Sheriff CXXXVIII Lamb. 293. The Custos Rotulorum or the Eldest of the Quorum in his absence ought at the general Sessions after St. Michael to appoint two Justices of the Peace the one being of the Quorum to have the Oversight and Controlment of the Sheriffs entring of Plaints and Amerciaments and one of those Justices may Examine and without further enquiry convict the Gatherers of the same Amerciaments if they gather any more Mony then is contained in their lawful Estreats 11 H. 7 15. § 1. N. 20. Dalt 136. 137. cap. 51. Crumpt 195. § 10. Sessions CXXXIX Lamb. 4. cap. 1. pag. 373. A Sessions of the Peace is an Assembly of any two or more Justices of the Peace one of them being of the Quorum at a certain day and place within the limits of their Commission appointed to enquire by a Jury or otherwise to take knowledg and thereupon to proceed to hear and determine according to their power for Causes within their Commission and the Statutes referred to their Charge CXL Lamb. 375. Indictments The Justices of Peace do at their Sessions take Knowledg of Causes within their Jurisdiction either by the Oath of the Inquirers or by the presentment or declaration of other Men and this Inquiry is first prepared by the appearance of the Officers and Country and by the Articles given in Charge and then performed by the Presentment or Indictment of them that had the Charge to make it CXLI Lamb. 375. 376. Now albeit that these Sessions be commonly and most orderly summoned by a Precept in writing Process yet is it not altogether of necessity for the making of a lawful Sessions to have it so for if competent Justices of the Peace do get men to serve and thereupon do hold a Sessions without any Precept before directed all presentments made before them by twelve lawful men shall be of force in Law but no man shall lose any thing for his default of appearance there because no man had notice of their sitting by Marrow CXLII Lamb. 376. Sessions A Precept to Summon the General Sessions of the Peace c. Kanc. ss E. H. Miles R. H. armig ' Duo Justiciar ' Domini Regis ad pacem in Com' K. conservand ' nec non ad diversas felonias transgressiones alia malefacta in dicto Comitatu perpetratu Audiend ' terminand ' assignat ' vicecom ejusdem comitat ' Salutem Ex parte dicti Domini Regis tibi precipimus quod non omittas propter aliquem libertatem in Balliva tua quin eam ingrediaris venire facias coram nobis vel sociis nostris Justiciariis pacis c. tali die c. proximè futuro apud Maidstone in Com' predicto tam 24 probos legales homines de Quolibet hundredo in Balliva tua quum 24 milites alios probos legales homines de corpore Comitatus tui tam infrà libertates quum extrà quorum Quilibet habeat xl s. redditus terrarum tenement liberum per Annum ad minus ad Inquirendum ibidem super hiis quae ex parte dicti Domini Regis iis injungentur scire facias etiam omnibus coronatoribus comitatus tui seneschallis constabulariis subconstabulariis Ballivis libertatum Infrà hundreda libertates predicta quod sint tunc ibi ad faciend ' perimplend ' ea quae ratione officiorum suorum sunt facienda proclamari preterea facias per totam Ballivam tuam in locis Idoneis predictam Sessionem pacis ad diem locum predict ' fore tenendum tu ipse tunc sis ibidem ad faciendum exercendum ea quae ad officium tuum pertinent ' habeas ibi tunc tam nomina Juratorum Coronatorum senechallorum Constabulorum subconstabulariorum Ballivorum predict ' quum hoc preceptum Datum sub sigillis nostris apud Shoreland in Com. predict ' 16 Maii An. Regni c. Lamb. 614. of special Sessions Dalt 532. 533. cap. 185. the new Edition CXLIII Lamb. 377. 378. Joyndre This Preceipt may be made as here it is by any two Justices of the Peace so that the one of them be of the Quorum for two such may hold a Session of the Peace as it doth plainly appear by the Commission and therefore as Mr. Marrow saith it sufficeth not to have it run under the name of the Custos Rotulorum alone seeing that he hath no more Authority in this behalf then any one of his fellows hath for the words of the said Mandamus in the Commission § 17. to the Sheriff be coram nobis venire facias tot tales c. yea if two such Justices make a Precept for a Session of the Peace all their fellow Justices cannot discharge it by their Supersedeas but a Supersedeas out of the Chancery will discharge it saith Fitz. Crumpt 122. b. § 1. CXLIV Lamb. 378. If one Justice of the Peace alone Estoppel will take upon him to hold a Session of the Peace that was lawfully summoned by him and another such Justice and will make the stile of the Session in the names of himself and the other all presentments so taken before him may be avoyded 11 H. 7. 5. Records Br. 81. But if the Sessions be in truth holden by two sufficient Justices only and the stile or title thereof be made in the names of three then all the presentments before them shall stand good for it will not help the Party to say that one of the three was not there when it shall appear that two of them the one being of the Quorum were present which will suffice by Marrow Lieu. CXLV Lamb. 378. 379. The Place of holding them is Arbitrable and at the pleasure of the Justices themselves so that it be meet for Access and although the Precept do appoint the Sessions to be holden in some one Town by name yet may the Justices keep it in any other Town and all the presentments shall be good that shall be taken where they held it but then again no Amerciament can be set upon any man for his default of appearance there because he had no warning of it by Marrrw Process CXLVI Lamb. 376. So if two such
Opinion of Mr. Marrow indeed he is not warned by the common form of Precept and therefore cannot so conveniently take knowledge of the Sessions of the Peace howbeit I think that he ought to serve when he shall be called for matter of Clergy Poult de pace 215. pl. 38. Lamb. 543. 544. CLVII Lamb. 395. 396. Inquest The Justices ought not to commit these Jurors of Enquiry to any Keeper nor to keep them without Meat or Drink nor to carry them out of the Town and yet they may adjorn them to another place to give their Verdict CLVIII Lamb. 397. 398. All others also may freely attend there Priviledg if not for any thing that especially concerneth themselves yet for the advancement of publick Justice and for the service of the King and to this end they are invited thither as I may say by a certain freedom of Access and by protection from common Arrest a thing that is incident to each Court of Record and without the which Justice should be greatly hindred so that if a man come voluntarily to these Sessions with the mind either to prefer any Bill of Indictment or to give Information against another or to tender a Fine upon an Endictment touching himself or do come compelled to make appearance for the saving of his Bond and be arrested by the Sheriff upon common and original process in his coming thither or during his tarrying there it seemeth that uopn Examination of the matter under his Oath he shall be dismissed thereof by the Priviledg of this Court even as it is used in the higher Courts at Westm 1 H. 7. 12 c. 2 H. 7. 4. priviledge Br. 35. Boult 2. cap. 3. pag. 8. § 36. Crumpt 141. b. Inquest CLIX. Lamb. 399. The Justices of Peace saith Mr. Fitzherbert for their parts be bound to inform the People and no doubt the Charge is given as well to instruct those that be ignorant lest they offend unawares as to inquire of those that have already fallen into danger by Offence and thereof it is that many Statutes do expresly command that they shall be openly read or declared at the Sessions Charge CLX Lamb. 400. The manner of giving the Charge and receiving the Verdict at this day differeth from that which the Justices in Eyre were wont to use for you may see in Bract. 116. a. that first one of the Justices did open before the whole Assembly the benefits of the service in hand the commodities of keeping the Peace and the Evils of the contrary and that then the Articles of the Charge were read by one and one to the Jurors who receiving the same at the hands of the Justices did also make answer in the yeilding up of their verdict to each Article severally and by it self which Custom as it had many profits so is it worthy in mine Opinion to be recontinued and brought in ure again Crumpt 11. a. b. Boult 2. cap. 4. pag. 9. Jurisdiction CLXI Lamb. 403. I know that Mr. Fitzh was of opinion that the Justices of the Peace ought at their Quarter Sessions and might at their private Sessions give in charge to the Enquest all such matters as they have power to determine and this he urgeth as well by the Oaths of the Justices who are sworn to do right in all Causes within their Commission or Statutes as also by the ignorance of the Jurors who be instructed only by the Charge which if it be so I see not for my part how either these Justices that are bound to utter all can be discharged or the Jurors that ought to hear all can be informed without this or some such compendious and plain way that may both shortly for the time and lightsomely for the order comprehend the chief substance of all that which belongeth to their Inquiry howbeit as I think it the best for the Justices to rehearse all such points whereof the Jury may make presentment before them so yet I hold them discharged in my slender opinion if they unfold only the Articles of their Commission and of such other Statutes as do expresly Authorize them to make enquiry Indictment CLXII Lamb. 498. I will advise that the Justices shall rather peruse the Bills after that the Evidence shall be thereupon given to the Jury then to put their pens into them before that the Enquest shall be enformed taking it to be not only no hinderance at all to the service but also the most wary and secure way for the Justices themselves to walk Sugestion CLXIII Lamb. 500. In some Cases therefore these Justices may hear one another for every Justice of Peace may upon his proper knowledge make presentments at the Sessions of any Offences done against 2 3 Ph. Mar. 8. 5 Eliz. 13. Concerning the amendments of the High-ways and in this and such like cases his report hath the force of a Presentment of twelve Men so that he and his Fellows may proceed upon it 21 H. 6. 5. CLXIV Lamb. 501. I think that before Justices of Peace Information these Suggestions and Informations both of private Persons be they by word or writing are but of the force to stir up the Justices to recommend the Cause to the Inquest and not to Award any Process upon them unless it be in certain Cases where that validity is especially given by the Statutes CLXV Lamb. 506. Process In the rest of the Statutes viz. except 1 Eliz. 2. 3. 5 Eliz. 1. 23 Eliz. 1. so far as I have found their power of Enquiry is accompanied with the Authority to hear and determine also for this want of Jurisdiction is not found in the Commission of the Peace it self but only in certain Statutes that for weighty Causes do restrain this further proceeding CLXVI Lamb. 507. This Writ of Certiorari is ever directed to the Justices of Peace Certiorari and yet the Custos Rotulorum only hath the keeping of these Records but the ancient Commissioners of the Peace had no Custos Rotulorum especially named in them and then this certifying belonged to them all which form the Writ retaineth to this day and if it fall in Question whether such a Certiorari were delivered to the Justices of Peace or no that must be tryed saith 10 H. 7. 24. by the Verdict of Twelve men CLXVII Lamb. 508 509. Certificate In the making of a Certificate upon this Certiorari the Justices of Peace ought neither to omit that which doth Authorize them nor to exceed that Authority which belongeth unto them For on the one side if they Certifie an Indictment of Felony or of a Riot as taken Coram Justiciariis ad pacem it was not thought enough without saying further necnon ad diversas Felonias c. and otherwise it was doubted whether the Indicted should be quite dismissed or no because the Justices of Peace had then no Record at all remaining with them for
Servant or the Servant may depart from his Master before the end of the Term shall be made at the Quarter Sessions 5 Eliz. 4. § 8. N. 1. Licences CCXXV. Lamb. 601. The Licences for Badgers Drovers c are to be granted at the open Quarter Sessions 5 Eliz. 12. § 4. N. 1. Crumpt 124. Corn. CCXXVI Lamb. 601. And the Prohibition of transporting Corn is to be made by the major Part of the Justice of the Peace at their Quarter Sessions 13 Eliz. 13. § 1. N. 7. Husbandry CCXXVII Lamb. 601. The Offences against the new Statute of Tillage are to be inquired heard and determined at the Quarter or General Sessions 39 Eliz. 2. § 9. N. 1. Poor CCXXVIII 601. 602. If the Parish and Hundred be not able to relieve the Poor of the Parish therein then the Justices of Peace or the greater Number of them may at their General Quarter Sessions rate any other Parishes c. thereunto and they may there by Agreement with any Lord of Wast or Common set up Habitations there for the Poor and place Inmates in the same and they also may at such Sessions Assess the Parents or Children being of sufficient Ability to relieve their Poor and Impotent Children and Parents 39 Eliz. 3. § 1. N. 11. CCXXIX Lamb. 602. The Parties grieved by any Act done upon 43 Eliz. 2. § 6. N. 1. are to be relieved by the Justices of Peace at their General Quarter Sessions and the Father Grand-Father Mother Grand-Mother and Child of the Poor being of a sufficient Ability may there be Taxed towards the relief of the said Poor CCXXX Lamb. 602. The Justices of Peace or the major Part of them may at any Quarter Sessions give order for the Erection of Houses of Correction and for Stocks of Mony and all other things necessary for the same or for the Government thereof and they may Banish or Condemn to the Gallies such Rogues as shall appear to be dangerous 39 Eliz. 4. § 1. N. 2. and may Brand them in the Left Shoulder with a hot burning Iron with a Great Roman R. thereon 1 Jac. 7 § 5 N. 1. Drapery CCXXXI Lamb. 602. The deceitful Users of Logwood for Dying are to be Tryed and Judged to Fine and Pillory at the Quarter Sessions 39 Eliz. 11. § 2. N. 4. Corn. CCXXXII Lamb. 602. The Justices of the Peace or the major Part of them may by their discretions in their Open Quarter Sessions restrain the converting of Barly into Mault 39 Eliz. 16. § 1. N. 1. CCXXXIII Lamb. 603. Wayes They also in their Open Quarter Sessions may convict such as Carry not or pay not towards the amendment of the High-ways in the Weild of Kent Surry or Sussex as this Statute doth appoint 39 Eliz. 19. § 4 N. 4. and the presentment of such Defaults ought to be made by the Surveyors of High-ways at the next Quarter Sessions after such default CCXXXIV Lamb. 603. Licence may be given in the Quarter Sessions to shoot Hayle-shot in a hand Gun for Hawks meat only License the Party licenced becoming bound in Recognizance of xx l. to shoot but only according to this Statute 1 Jac. 27. § 7. N. 1. CCXXXV Lamb. 603. Drapery The Offences against the Statute of deceitful stretching and tentoring of Northern Cloths are inquirable and determinable before the Justices of the Peace at their Quarter Sessions and those Defaults are to be presented by the Overseers at the next Quarter Session after such default made 39 Eliz. 20. § 10. N. 1. CCXXXVI Lamb. 603. Poor The Assignment and Revocation of Pensions for dissabled Soldiers and Mariners must be made by the major Part of the Justices of Peace at the Quarter Sessions and they may there set Fine upon the Treasurer that shall willingly refuse to pay any of the same Pensions 43 Eliz. 3. § 3. 1. CCXXXVII Lamb. 603. Wine The Assignment of such as shall keep any Tavern to uttter Wine by 7 Ed. 6. 5. § 3. N. 6. ought to be made at the General Sessions but is otherwise used by Special Grant CCXXXVIII Lamb. 604. Apprentice A Beggers Child may at the General Sessions be bound to serve any Subject of this Realm being of honest Calling 14 Eliz. 5. § 22. N. 1. 18 Eliz. 3 § N. CCXXXIX Lamb. 604. Purveyours The Dockets of Purveyors ought to be delivered over to the Justices of the Peace at the next General Sessions 2 3. Ph. Mar. 6. § 6 N. 1. CCXL Lamb. 604 A Decree may be made at the Quarter Sessions Poor for the continuance of a Cottage that hath not four Acres of Ground and there may the Justices inquire hear and determine of Cottages and Inmates 31 Eliz. 7. § 4. N 1. CCXLI. Lamb. 604. The Conviction of a Clothier Drapery or other upon his own Confession or Proof by two lawful Witnesses for not paying so great Wages to their Shearers c. as shall be set down according to the true meaning of this Act may be before the Justices of Peace in their Quarter Sessions and the Forfeiture of ten Shillings by this Statute given to the Party grieved may be levied by distress and sale of the Offenders Goods by Warrant from the said Justices 1 Jac. 6. § N. CCXLII. Lamb. 604. 605. All Offences against any Statute Games for not using any lawful Game or using any unlawful Games or for not having Bows and Arrows according to the Law or for using any Art or Mystery in which the Party hath not been brought up according to the Statute thereof shall be Sued or otherwise inquired of heard and determined in the Quarter Sessions of the Peace or Assizes of the Shire where they shall be committed or in the Leet within the which they shall happen 31 Eliz. 5. § 7. N. 5. CCXLIII Lamb. 605. The Act of rebellious Assemblies Riot or the effect thereof ought to be openly read at every Quarter Sessions 1 Mar. 1. St. 2 cap. 12. § 16. N. 1. Crumpt 123. b. § 15. 124 b. CCXLIV Lamb. 605. Sheriffs The Justices of Peace have Power in their Open Sessions to inquire hear and determine the defaults of under-Sheriffs Clerks of Sheriffs or under-Sheriffs and of Bailies c. in not taking the Oaths appointed by the Statute 27 Eliz. 12. § 6. N. 1. Pope CCXLV Lamb. 605. The Abjuration of a Seditious Sectary ought to be made in the Open Quarter Sessions of the Peace and there to be entred of Record and the Place certain and Name of a Popish Recusant limited by this Statute unto a place ought to be certifyed by the Minister and Constable that took and entred it to the next Quarter Sessions of the Peace and there be entred of Record in the Rolls of the Sessions by the Clerk of the Peace 35 Eliz. 1. § 2. N. 1. Pope CCXLVI Lamb. 605. The Penalties forfeited by a
That the Sheriffs Under-Sheriffs Sheriffs Clerks or Bayliffs and their Ministers shall bring and present and deliver all such Indictments and Presentments taken before them or any of them in their Turns or Law-days to the Justices of the Peace at their next Sessions of the Peace that shall be holden in the County where such Indictments and Presentments shall be taken before the Justices of such County for the time being Lamb. 426. II. Lamb. 596. The Statute 1 Ed. 4. 2. § 1. N. 4. binds the Sheriff to certifie the Justices of Peace at their next Sessions Justices the Indictments found in his Turn or Law-day It seemeth also by way of admittance in 27 H. 8. 2. Indictment Br. 1. that the liike ought to be done of Presentments of Felony in any Leet by virtue of the said Statute but that is further to be enquired of for I find no better Warrant for it Traverse III. Lamb. 534. Mombray 41 Ed. 3. 26. Traverse per Br. 2. saith further That in a Leet such a Presentment of Felony is not Traversable because out of a Leet no Process can be Awarded upon it Forrest IV. 14 15 H. 8. 10. § 1 N. 3. And that c. Stewards of Leets shall have full power to enquire of tracing or killing Hares c. Fees V. 1 Jac. 5. No Stewards of Leets c. to receive the profits to their own use Libels see Slander Liberties see Franchise License Poor I. LAmb. 331. Any two Justices may License diseased persons living of Alms to Travel without begging to Bath or Buckstone for remedy of their Grief Crumpt 198. al. 199. b. 39 Eliz. 4. § 7. N. 1. Dalt 100. cap. 40. Victuals II. Lamb. 345. He that is Convict before the Justices for abusing a License for Transporting Victuals shall likewise be Committed by them and shall remain there a◠whole year without Bail or Mainprise 1 2 Phil. Mar. 5. Fish III. Lamb. 430. Inquiry in Sessions if any Parson Vicar or Curate have taken above four pence for entring into the Church-Book the License of a sick person to eat flesh upon fish days 5 Eliz. 5. § 21. N. 1. Cattle IV. Lamb. 601. The Licenses for Badgers and Drovers c. are to be granted in open Sessions Crumpt 80 b. 5 Eliz. 12. § 4. N. 1. Poor V. Dalt 127. cap. 47. I do not find that any one or more Justices of the Peace may or can in any Case License any man to beg or ask relief at all c. and therefore Quaere of such Briefs and Licenses as lately have come from or in the name of the Lord Mayor of London licensing poor persons to Travel and to ask and beg relief in their Travel c. Apprentice VI. Dalt 127. cap. 47. Yet any one Justice of Peace may License Labourers in Hay and Harvest time to pass from one Country to another to work but not to wander or beg 5 Eliz. 4. § N. VII Lamb. 330. Any two Justices of Peace may give allowance for urgent and necessary occasions to remain in an Inn Victualling-house or Ale-house 1 Jac. 9. § 2. N. 5. VIII Lamb. 349. Two Justices of Peace the one being of the Quorum may prohibit and remove common Ale-selling and may also allow the same c. 5 6 Ed. 6. 25. § 1. N. 2. Crumpt 198 197. Dalt 21. cap. 6. IX 33 H. 8. 6. § 8. N. 1. All Patents c. to License to shoot in Cross-bows and Hand Guns void Games X. 33 H. 8. 9. § 13. N. 1. License of Gaming-house to contain the particular Games and Persons c. Poor XI 1 2 Phil. Mar. 4. § 6. N. 2. License to Egyptians to continue in England or Wales void Fish XII 5 Eliz. 5. § 18. N. 1. License to eat flesh on fish days otherwise then prescribed in this Statute void Crumpt 17. Drapery XIII 8 Eliz. 6. § 5. N 1. License to Transport Cloth extends not to Kentish and Suffolk c. Pope XIV 13. Eliz. 3. § N. Departing the Realm without or staying after expiration of License on notice by Proclamation forfeits Lands for life c. XV. 12 Car. 2. 25. § N. License to retail Wines must be to Trader or Owner of House Wine XVI 15 Car. 2. 11. § 15. N. 1. None to Retail Coffee Ale c. without License first had in General Sessions XVII 29 Car. 2. 7. § 2. N. 1. License of Wherry-Barge c. in the Thames on the Lord's-day to be by Justice of the Peace of the County Sewers c. or head Officer adjoining c. XVIII Crumpt 80. b. Note That 5 6 Ed. 6. 14. § 16. N. 1. speaks of him that is known for a common Drover and not of any petty Chapman And 5 Eliz. 12. § 4. N. 1. speaks of common Drovers and not of any petty Chapman and it appears that the intent of this Statute is to repress the number of Drovers Badgers and Laders c. of Corn c. Therefore see if the Justices can License petty Chapmen to buy Cattle as common Drovers XIX Crumpt 17. Charge at Sessions That no Butcher nor other person Days tho he be Licensed shall kill or dress in Lent to the intent to sell 1 Jac. 29. § N. XX. Crumpt 199. b. Two Justices of Peace may give License to Fencers Poor c. Pedlers Tinkers and petty Chapmen to go so that they be not taken as Rogues 14 Eliz. 5. § N. 39 Eliz. 4. Lying in wait see Coron Linnen-Cloth see Drapery Liquors see Ale Liveries see Maintenance Logwood see Drapery Long-bows see Games and Shooting Loiterers see Poor London see Franchise Justices Lord's-day see Days Religion Lunatick see Infant Maim see Affray Trespass Malice see Coron Intendment Mainprise see Bail Maintenance Liveries Embracery Champerty Barretors I. 19 H. 7. 13. § 1. N. 11. Every person duly proved to be a Maintainer or Imbraceor of Jury on Riot Forfeiture shall forfeit 20 li. and be Commited at discretion of the Justices Crumpt 199. b. II. Lamb. 435. Inquiry in Sessions if any have by himself Liveries or other for him given any Livery or Sign or Company or Badge or tetained any man other then his Houshold-servant Officer or Learned man in the Law 1 H. 4. 7. 7 H. 4. 21. 8 Ed. 4. 2. III. Crumpt 93. b. Charge to Jury in Sessions to inquire of Maintainers Conspiracy Confederators Conspirators Imbraceors and undertakers of Quarrels Matters and other businesses and of Champertors and if Maintainers be Convict they shall forfeit as much as they can 20 Ed. 3. 4. § N. and the Champertor ten times as much as he hath taken Fitzherbet Ip. 118. see Tit. Maintainers Imbraceors c. Crumpt 175. IV. Crumpt 174. a. 175. b. The Justices of Peace may hear and determine by Inquiry at the Quarter Sessions or by
Pluries and an Attachment against the Sheriff if he doth not do his Office Oath II. F. N. B. 79. H. But by the Ancient Course of Law he must swear upon a Book before he can have this Writ and this before any Master of the Chancery but now they use to prosecute such Writs by their Friends who will Sue for them without making any Oath and this is ill done because they are many times sued for vexation more then for any good Cause and the Justices of B. R. will not grant any Writ for Surety of the Peace without making an Oath that he is in fear of bodily harm Nor the Justices of the Peace ought not to Grant any Warrant to cause a man to find Surety of the Peace at the request of any Person unless the Party who requireth it will make an Oath that he requireth it for safety of his Body and not for malice c. Lamb. 83. 84. Infrà 21. III. F. N. B. 80. C. But it is a Common opinion that the Surety that the Sheriff shall take of the Party that shall find Surety for the Peace must be taken by obligation that is to say to oblige the Party and his Sureties by Obligation that he keep the Peace and that he shall not Burn the Houses c. Supplicavit IV. F. N. B. 80. C. But now since the Statute 1 Ed. 3. 16. § N. that wills that certain Persons shall be assigned in the Chancery as for keeping of the Peace there are other Forms of Writs made for the ease of the People who would have Surety of the Peace of any Persons which Writs Issue out of the Chancery and some are directed to the Justices of Peace and to the Sheriff and some are directed to the Sheriff only and these Writs are in such Forms as this Rex dilectis fidelibus suis J. c. sociis suis Justiciariis nostris ad pacem nostram in Com' S. Conservand ' Assignatis salutem Or thus Custodibus pacis nostroe in Comitat ' S. c. vicecom ' ejusdem Comitat ' eorum cuilibet salutem Or thus Vicecom ' S. salutem Supplicavit nobis A. quod cum ipse de vita mutilatione membrorum suorum nec non de Incendio Domorum suarum per E. graviter manifestè Comminatus existat velimus pro securitate ipsius A. in hac parte provideri nos supplication ' predict ' annuentes vobis vel tibi precipimus firmiter injungentes quod predict ' E. coram vobis vel te corporaliter venire faciatis ipsum ad sufficientes manucaptores inveniend ' qui eum manucapere voluerint sub certa Poena sibi per te vel vos rationabiliter imponend ' pro quo nobis respondere voluerint vel volueris Or thus Ipsium E. ad sufficient ' securitat ' inveniend ' sub poena centum librarum ad opus nostrum solvend ' vel quilibet eorum sub poena c. quod ipse Damnum vel malum aliquid eidem A. de Corpore suo vel de domibus suis per hujusmodi Incendium non faciat nec fieri procurabit quovismodo Compellatis vel Compellas si hoc coram vobis vel te facere recusaverit tunc ipsum E. proximo Goal ' nostroe Committatis vel Committas in eadem salvo custodiend ' quousque hoc gratis facere voluerit cum securitatem illam sic receperitis vel ceperis nos inde in Cancellaria nostra sub sigillis vestris vel alicujus vestrum vel sub sigillo suo distincte aperte sine dilatione reddas certiores certificetis vel certifices indilate hoc Breve nobis remittentes vel remittens Registr 89. Dalt 182. Cap. 73. V. Lamb. 2. cap. 11. pag. 75. The Justice of Peace takes security as a minister when the Writ of Supplicavit F.N.B. 80 suprà 4. which in old-time was called Breve de minis as Regist 89. directed out of the Chancery is delivered into his hands for then he is only to direct his Precept to compel the party upon that Writ to find surety for the Peace 21 H. 7. 20 per finence VI. Lamb. 75 76. The form of which Precept or Warrant upon a Supplicavit is thus G. M. One of the Justices of Peace of our Soveraign Lord the King's Majesty within the County of K. to the Sheriff of the said Shire the Constables of the Hundred of W. the Borsholder of the Town of I. and to all and singular the Kings Majesties Bayliffs and other Ministers as well within liberties as without in the said County and to every of them Greeting Know ye That I have received the Commandment of our said Sovereign Lord in these words c. reciting the Supplicavit or the effect of it c. thus Know ye that I have received the Commandment of our said Soveraign Lord to compel A. B. of J. in the said County Yeoman to find sufficient Surety for his Majesties Peace by him to be kept towards C. D. of the said Town of J. Taylor and therefore on the behalf of our said Soveraign Lord I Command and Charge you joyntly and severally that Immediately upon the receit hereof you cause the said A. B. to come before me at my House in I. aforesaid to find sufficient Surety and mainprise for the Peace to be kept towards our said Sovereign Lord and all his Liege-people and especially towards the said C. D. and if he the said A. B. shall refuse thus to do that then you him safely Convey or cause to be safely Conveyed unto the next Goal of his Majesty in the said County there to remain until that he shall willingly do the same So that he may be before the Justices of the Peace of our said Soveraign Lord within the said County at their next General Sessions of the Peace to be holden at M. there to answer to our said Sovereign Lord for his Contempt in this behalf And see that you certifie your doing in the premisses to the said Justices at the said Sessions bringing then thither this Precept with you Given at I. aforesaid under my Seal the day of c. An. c. Dalt 350. cap. 121. VII F. N. B. 81. B. And sometimes the Writ of Supplicavit is made Returnable in Chancery at a certain day and if it be so done Certiorari then if the Justices do not certifie the Writ nor the Recognizance and the Surety that is taken the party who sueth the Writ of Supplicavit shall have a Writ of Certiorari directed to the Justices of Peace to certifie this Writ of Supplicavit and that which they have done thereon and the surety that is found c. and so the party shall have such a Certiorari to the Justices of Peace to certifie the surety taken on a Supplicavit though the writ of Supplicavit were not made Returnable in the Chancery VIII F. N. B. 81. C. And so if a Man
be bound to keep the Peace Versus Cunctum Populum but only towards him that prayeth it lest otherwise it should argue them to be unworthy of such Offices so much more he ought to use good discretion in granting it against his Fellow-Justice lest otherwise he both bring the Office in contempt and himself to reproof by it But I doubt not that one Justice of the Peace if he will may pray surety of the Peace at the hands of his Fellow-Justice against another person and the Recognizance may then be according to the Common Form with Precipuè Versus c. Crumpt 134. b. Dalt 162. 163. cap. 68. XIX Lamb. 81. But some others there be perhaps Dignity with whom he may not well meddle as if a man have Cause to require the Peace against a Lord he for so small a Cause is not to be Arrested as I take it by Warrant from a Justice nor yet by a Supplicavit out of the Chancery but the Lord Chancellour may in such Case grant to the party a Sub-poena against that Lord for the Peace as it seemeth by 35 H. 6. Sub-poena 20. Dalt 335. cap. 118. for such an opinion hath the Law conceived of Peaceable disposition of Noblemen that it hath been thought enough to take one of their promises upon honour that he would not break the Peace against a Man 17 Ed. 4. 4. Contempts Br. 6. 24 Ed. 3. 33. Sub-poena 20. but whether the Lord Chancellour may Award an Attachment upon such a Sub-poena it hath been in our memory made a Question Dyer 315. pl. Exigent ' Br. 72. Crumpt 134 ab 135. Dalt 161. cap. 68. XX. Lamb. 82 83. The Cause for which this Surety of the Peace may be Required or Commanded Dures appeareth in the first Assignavimus of the Commission § 5. in these words Et ad omnes illos qui aliquibus vel alicui de populo nostro de Corporibus suis vel de incendio Domorum suarum minas fecerint ad sufficientem securitatem de pace c. Inveniendam c. Which Mr. Fitzh 8. Construeth thus He that is threatned that he shall be hurt in his Body or that his House or Goods shall be Burnt may demand Surety of the Peace for his safeguard in that behalf but saith the Court 17 Ed. 4. 4. If a man will demand the Peace because he is in fear that another Man will take and imprison him it ought not to be granted and one yieldeth the reason to be because he may have a Writ De homine Replegiando or an Action of False Imprisonment and may thereby recover the Damages of his Imprisonment The same Reason might be made against the demand of the Peace where a Man is Threatned with Battery and yet it is clear that in such a Case the Surety of Peace ought not to be denied him And truly to threaten Imprisonment is within the words Minas de Corporibus no less then Battery it self and like harm may happen by hard Imprisonment cruel Beating It shall be Good therefore to enquire of this matter But I take it somewhat clear that a Justice of the Peace may not by this Commission Award a Precept of the Peace in the behalf of a Man that will require it because he is at variance with his Neighbour or feareth that he will do harm to his Servants or Cattle for in that Case Mr. Fitzherbert helpeth him with an old Writ to the Sheriff as he findeth it in the Register and F. N. B. 80. G. Oath XXI 83 84. The Peace being thus for good Cause required it is the common manner to exact an Oath of the party whereby the Justice may be the better informed and led to think that he doth not ask it for malicious vexation of another but of very fear and for the needful safety of himself and his and Mr. Fitzherbert in F. N. B. 79. H. laboureth to shew that the Justices of the Peace ought not without such an Oath to grant this Surety at the suit of any man forasmuch as not only the Justices of B. R. do yet take an Oath in such Case but the Ancient Course of the Law was such in the Chancery it self also although it be now adays otherwise used there Crumpt 135 138. Dalt 171. cap. 69. XXII Kilborn's Precedents 233. The Oath of him who craves the Peace against another YOV shall Swear that the Surety of the Peace which you crave against A. B. is not for hatred or malice which you bear him but for safety of your Body from harm which you fear he will do or procure to be done unto you So help you God Or thus YOV shall Swear That the Surety of the Peace which you Crave against A. B. is not of any private malice hatred or evil will but meerly that you are afraid of your life or the hurting or maiming of your Body or the burning of your Houses So help you God Process XXIII Lamb. 84 85. It resteth to shew by what means this Surety may be enjoyned and that is either by word or writing under Seal for a Justice of Peace may by word only Command a Man being in his presence to find Surety of the Peace 9 Ed. 4. 3. For seeing that he is a Judge of Record saith Mr. Fitzherbert 8. his Precept by mouth is stronger then his Precept in writing So if the Peace be demanded against one that is in his presence he may Command the Sheriff or other known Officer or his own Servant if they be then present also to Arrest the party to find his Surety 14 H. 7. 8. and Marrow for it is not so much the Arrest of the Minister as of the Justice himself But if either the Officer Servant or Party be absent then it is requisite to make a Warrant or Precept in writing the form whereof may be thus in English Crumpt 138. b. § 8. Dalt 165. 166. cap. 68. XXIV Lamb. 85 86. The Precept for the Peace Kent ss Ja. by the Grace of God c. To Our Sheriff of K. the Constables of the Hundred of W. c. and to all and singular Our Bayliffs and other Our Ministers in the said County as well within Liberties as without Greeting Forasmuch as A. B. of W. aforesaid Yeoman hath personally come before G. B. of the said Town Esq one of Our Justices of the Peace within the said County and hath taken a Corporal Oath That he is afraid that one C. D. of S. in the said County Yeoman will beat wound maim or kill him or burn his Houses and hath therewithal prayed Surety of the Peace against the said C.D. Therefore we Command and Charge you jointly and severally that immediately upon the receipt hereof you cause the said C. D. to come before the said G. B. or some other of Our said Justices to find sufficient Surety and Mainprise as well for his appearance at the next Quarter Sessions of our Peace
to be holden at M. in the said County as also for Our Peace to be kept towards Us and all Our Liege-people and chiefly towards the said A. B. that is to say That he the said C. D. shall not do nor by any means procure or cause to be done any of the said Evils to any of Our said People and especially to the said A. B. and if he the said C. D. shall refuse thus to do that then immediately without expecting any further Warrant you him safely convey or cause to be safely conveyed to Our next Prison in the said County there to remain until he shall willingly do the same so that he may be before Our said Justices at the said next General Sessions of the Peace to be holden at M. aforesaid then and there to answer unto Us for his Contempt in this behalf and see that you certifie your doing in the premisses to our said Justices at the said Sessions bringing then thither this Precept with you Witness the said G. R. at W. aforesaid the fourth day of August c. Or thus In the Name of the Justice himself Mutatis Mutandis E. W. Knight one of the Justices of the Peace of our Sovereign Lord the King within the said County to the Sheriff c. Greeting Forasmuch as A. B. c. hath personally come before me c. These be therefore on the behalf and in the Name of our said Soveraign Lord to Command you joyntly c. to come before me or one other of his Majesties said Justices of the Peace in the said County c. Given under my Seal at W. aforesaid XXV Lamb. 87. Process It is meet that the Precept for the Peace do expresly contain the Cause of the Peace within it for otherwise how can the Officer or Parties take knowledge that surety must be provided for it yea every Precept made by a Justice of Peace ought to comprehend the special matter upon which it proceedeth as the King's Writs and as for the form that is now commonly used to answer to such things as shall be objected and such like they were not fetched out of the old Learned Precedents but lately brought in by such as either knew not or cared not what they writ XXVI Lamb. 87 88. The Warrant of the Peace is the better also if it bear date of the Place where it was made for if a Man be to plead such a Precept for his excuse in an Action of false Imprisonment brought against him he ought in his Plea to shew the place where the Warrant was made 14 H. 8. 18. XXVII Lamb. 88. And this Precept may also be directed to any indifferent person by name though he be no Officer at all for so it seemeth to be permitted in the Oath of the Justice of the Peace and so is also 14 H. 8. 18. The which liberty the Justices in some Shires do use and take accustomably directing their Precepts to private Men of their own Election and Choice But yet I take our Kentish Course to be the safer way where we commonly write to the sworn Constables and Bursholders only XXVIII Lamb. 89. If such a Precept be made jointly to Twain yet the one alone may serve it If it be directed to the Sheriff then he may Command his Bayliff Under-Sheriff or other sworn and known Officer to serve it without writing any Precept But if he will Command another Man that is no Officer to serve it he must give him a written Precept for otherwise a Writ of false Imprisonment will lye for the Arrest And if it be directed to the Bayliff or to a Servant of a Justice of Peace or other Stranger they must serve it themselves for they can Command none other to do it neither by Word nor Precept by Marrow XXIX Lamb. 89. A sworn and known Officer needeth not to shew this Warrant when he doth serve it upon a Man 8 Ed. 4. 14. Officer False Imprisonment Br. 23. 20 H. 7. 13 c. For his Office doth after a sort Authorize him But if the Justice will set his Servant to serve it that Servant must shew the Warrant if the party demand it and otherwise the party may make resistance XXX Lamb. 89 90. A Justice of Peace saith Peace Return Br. 9. may make this Warrant returnable before himself and the Bayliff needs not to carry the party before any other Justice but Judge Fineux 21 H. 7. 20. saith That if a Justice of Peace do make a Warrant of the Peace Ex Officio that is without any Writ of Supplicavit Awarded then the party may chuse to appear before him or any other Justice in the Shire and that he shall punish the Bayliff in false Imprisonment if he do otherwise compel him 5 Co. 59. Infrà 37. otherwise it is in the Execution of a Writ of Supplicavit for he alone to whose hands it first cometh is Authorized to execute and return that Writ and thereupon Mr. F. N. B. 81. affirmeth That if such a Writ of Supplicavit be delivered to the Sheriff then he may both Execute it alone and also take Surety by Recognizance which otherwise being but a Conservator he could not do because the Writ doth so enable him yet 9 Ed. 4. 31. Littleton is to the contrary Dalt 166. cap. 69. XXXI Lamb. 90. The Officer ought also to require the party to come and find Surety of the Peace before that he do Arrest him by the opinion L. 5 Ed. 4. 13. 10. and in truth the Common Form of the Precept is And if he refuse c. then he shall convey him to the Goal and therefore if he yield to come and to find Surety the Officer may neither absolutely Arrest him nor take any Fee of him And this may be the cause that when one appeareth upon such a Warrant before the Justice of Peace the Justice needeth not demand Surety of him but may commit him if he do not offer Surety 4 H. 7. 9. Crumpt 142. Dalt 166. cap. 69. XXXII Lamb. 90 91. If a Bayliff do Arrest a Man for the Peace before that he have any Warrant and then afterwards do procure a Warrant for it this nevertheless is unlawfully done and will not excuse him in an Action of false Imprisonment But if the Bayliff do cause one by force of a Warrant to come and find Surety of the Peace and when the Party is brought the Justice will not bind him yet the Bayliff is excused 21 H. 7. 22. Crump 144. 14 H. 7. 9. XXXIII Lamb. 91. If Surety of the Peace be required at the hands of a Justice of Peace that dwelleth out of the County against a Man within the County the Justice may grant a Precept to be served in the County but when the party shall be thereupon warned and commanded to find Surety the Officer may not carry him out of the County to the Justice of Peace that made the Warrant by Marrow
For a Justice of Peace hath no Authority but in the County where he is a Justice 13 Ed. 4. 8. Coron 37. and therefore it may be doubted also whether such a Warrant be good or no. XXXIV Lamb. 92. But if it fall out that he refuse to come and put in such Surety then may the Officer by virtue of his Warrant convey him to Prison for the words of the Commission § 5. are And if he shall refuse then c. And if he add resistance to this refusal and make assault upon the Officer then may that Officer justifie the beating or hurting of him 21 H. 7. 39. per Fineux Dalt 167. cap. 69. 3 H. 7. 3. per Brian False Imprisonment Br. 21. XXXV Lamb. 93. To this Arrest for the Peace all Lay Persons under the degree of Lords or Peers of the Realm be subject and Ecclesiastick persons if they be not attendant upon Divine Service may be Arrested for the Peace also by Marrow Release XXXV Lamb. 93 94. For as it seemeth to some that any Justice of Peace may upon his offer take the Surety and deliver him so it may be some doubt whether he may be delivered upon the Death or Release of the party without the help of a Sessions or Goal Delivery Dalt 167. cap. 69. 176. cap. 71. Priviledg XXXVI Lamb. 94. It appeareth 4 Ed. 4. 16. pl. And by the opinion of Brian 2 H. 7. 2. 4. That if such an Imprisoned person had a suit hanging in the Common Place aforehand he might by a Writ of Priviledge be discharged of the Imprisonment if the Party at whose suit he was Arrested for the Peace were not ready in Court at the day of the Return of the Writ when he should be called to pray there again the Surety of the Peace against him and he saith that it had been alwayes their common Course so to do but other there were of a contrary opinion and it seemeth a hard Case that without any sufficient notice of such a removing of the Party a man should be defeated of his Surety for the Peace Crumpt 141. b. 142. b. 143. Dalt 167. cap. 69. 186. cap. 73. XXXVII Lamb. 94 95. But now if the party shall yield to find Surety of the Peace then may he be at his Liberty if the Precept proceed ex officio Justices and without the Writ of Supplicavit to go to any other Justice of the Peace to offer his Surety for such is the opinion of Fineux 21 H. 7. 20. suprà 30. Tho Mr. Brook Peace Br. 9. and Faux Imprisonment Br. 11. liketh better to give the Election thereof to the Officer 5 Co. 59. b. and I do remember that a Justice of the Peace was by Order in the Star-Chamber thrust out of the Commission only because he refused to accept Surety of the Peace offered unto him upon a Warrant Awarded by one his Fellow Justice to whom the party as he alledged durst not go to give it for fear that he would Execute upon him the malice that he bare against him Crumpt 140. b. 144. Jurisd 31. Dalt 166. cap. 69. XXXVIII Lamb. 95. But here again the Officer had need be advised lest he find much trouble in following the Party whither he shall please to lead him for as there may be just Causes to yeild unto the request of a man that shall dislike to be brought before that Justice which gave out the Warrant either for some matter of private displeasure or for the great distance of his Dwelling or for other Reasons so yet without good Allegation made I allow not that the Officer shall be drawn out of the Division and Limit where both he and the party do Dwell for in so doing the Officer and not the Offendor may seem to be punished by the Service Dalt 166. cap. 69. XXXIX Lamb. 95. 96. Hereupon also it happeneth often Supersedeas that such Persons chusing rather to be bound by any other then by him that maketh the Warrant do offer themselves and do become bound before some other Justice and do withal procure a Supersedeas from him to be discharged of any other Arrest to be made upon them yea and many times hearing of such precepts and misliking to be bound in the Country they go up to Westminster and give Surety of the Peace there either in the Kings-Bench for a time only as the manner of that Court is or in the Chancery forever or for a time as they use it and do thereupon procure a Supersedeas from the Court where they are bound to close the hands of the Country Justices Crumpt 138. b. § 9. 144. b. 145. b. Dalt 168 169. cap. 69. XL. Lamb. 96. If therefore a Justice of the Peace will by a Supersedeas discharge a precept for the Peace Awarded by his fellow Justice by Vertue of his Office and not by force of a Supplicavit which is of a higher Nature and cannot be so Avoided then shall he do well to take the Recognizance after the self same sort in all points as the Form of the former Precept doth require for as it is good reason that having taken Surety for the Peace he may by his Supersedeas save the party from finding other Surety for the self same Cause So is it not reasonable that he should proceed otherwise then according to the first Precept and thereby discharge a matter of Record that was made by one of equal Authority with himself Fitz-herb 9. Crumpt 138. b. § 10. Infrà 99. XLI Lamb. 96 97. Supersedeas But this Supersedeas sent by a Justice of Peace is sufficient although it neither name the Sureties nor contain the Sums in which they are bound yet is it the better form to express them both as well because the higher Courts use so to do as also that if the Bayliff Constable or other Officer to whom it is delivered be called at the next Sessions by the Suit of him that sought to have the place to shew he hath Executed his Warrant and to come in and shew forth the Supersedeas then the Party that is bound may be called thereupon at the day that appeareth to be Limitted unto him by the Supersedeas for it is under the Seal of a Justice and doth testifie that the party is bound and hath found Surety to appear at a certain day and if he make default that being recorded shall be sufficient to cause him to forfeit the Penalty of the Recognizance altho the Justice that Awarded it shall omit to bring the Recognizance it self according as he ought now to do by 3 H. 7. 1. § N. and this may be Gathered upon the opinion 2 H. 7. 4. Surety Br. 13. Priviledg Br. 52. and may also be seen by this Form of the Supersedeas under-written XLII Lamb. 97 98. W. S. Esq one of the Justices of the Peace of our Soveraign Lord the King within the County of K. to the Sheriffs
Bayliffs Constables c. and other the faithful Ministers and Subjects of our said Soveraign Lord within the said County and to every of them sendeth Greeting Forasmuch as A. B. of c. Yeoman hath Personally come before me at A. c. and hath found sufficient Surety that is to say C. D. E. F. c. Yeoman either of the which hath undertaken for the said A. B. under the pain of XX li. and he the said A. B. hath undertaken for himself under the pain of XL li. that he the said A. B. shall well and truely keep the Peace toward our said Soveraign Lord and all his Liege People and specially towards G. H. c. Yeoman and also that he shall personally appear before the Justices of the Peace of our said Soveraign Lord within the said County at the next General Sessions of the Peace to be holden at M. there therefore on the behalf of our said Soveraign Lord I Command you and every of you that ye utterly forbear and surcease to Arrest take Imprison or otherwise by any means for the said occasion to molest the said A. B. and if you have for the said occasion and for none other taken or Imprisoned him that then you do cause him to be delivered and set at Liberty without further delay given at A. aforesaid under my Seal this Day of c. Anno c. This Supersedeas may also be in the Name of the King under the Test of the Justice of Peace thus Charles by the Grace of God c. to the Sheriff c. Greeting Forasmuch as A. B. hath come before T. F. Knight one of our Justices of the Peace within our said County and hath found c. we therefore Command you and every of you that ye forbear c. Witness the said T. F. c. XLIII Lamb. 99. Thus much of the Supersedeas Issuing from a Justice of the Peace the which ought to with-hold and stay the Proceeding of his fellow Justices in the said Cause in so much that if any Officer by any of their Warrants having this Supersedeas delivered unto him will nevertheless urge the Party to find new Surety for the Peace he may refuse to give it and if he be Committed to Prison for such his refusal he may as I think have his Action of False Imprisonment against the Officer upon the same XLIV Lamb. 99. I read 21 Ed. 4. 40. Peace Br. 17. that a Supersedeas proceeding out of the Chancery will discharge a Surety of the Peace taken before the Justices of B. R. much more then will a Supersedeas sent out of the Chancery or B. R. discharge a Precept for the Peace that is awarded from an Inferior Justice of the Peace and if the Justice of the Peace to whom a Supersedeas out of such an High Court shall be delivered will not thereupon surcease an Attachment may be Awarded against him for his contempt and he may be Imprisoned and Fined for it Crumpt 139. § 12. XLV Lamb. 99 100. It is good Counsel therefore F. N. B. 238. E. where he willeth the Justice of Peace after such a Supersedeas received to forbear to make any Warrant to Arrest the Party and if they have Awarded it then to make their own Supersedeas to the Sheriff and other Officers thereby Commanding them to surcease to put it in Execution XLVI Lamb. 100. Recognizance If the Justice of Peace deal in taking of the Recognizance of the Peace as a Judge and by vertue of his Commission § 5. then the number of the Sureties the Sum of the Bond their sufficiency in Goods or Lands the time how long the Party shall be bound and such other Circumstances are referred wholly to his own Consideration and if he be deceived in the ability of the Sureties he may compel the Party to put in others by Marrow for the Avoiding of which deceit also the Justices of C. B. 7 H. 6. 25. Did Examine the Ability of the Sureties upon their Oaths XLVII Lamb. 100 101. The Common manner is to take two Sureties besides the Party himself and good reason it is that those should be such as have their names registred in the Book of Subsidy for albeit that here and there some may be sufficient that were not Assessed to the King yet it standeth not well together that he should become bound to the King in X or XX li. that was not in the Subsidy found worth any thing at all and the Case may be such that Sureties only not the principal Party shall give the Bond for if the Peace be prayed against a Wife or an Infant under the years of Discretion they shall be bound by their Sureties only as was the Monk or Cannon 36 H. 6. 23. Surety Br. 9. Moign Br. 15. Dalt 171. cap. 69. XLVIII Lamb. 101. But if the Justice of Peace shall Command the Peace as a Minister in Execution of the Writ of Supplicavit Supplicavit then must he behave himself as the Writ it self directeth him and that hath not been alwayes after one manner for some Commandeth him to take sufficient Manucaptors in any pain or Sum to be reasonably set by himself so that he will be answerable for it at his own Peril and some willeth him to take sufficient Security in a Sum certainly prescribed unto him as C li. in all or every of them in XX li. as at large Register 89. Dalt 185. cap. 73. XLIX Lamb. 101 102. A Justice of the Peace saith Marrow Bail may take this Surety by a Gage or pledge which shall not be forfeited thereby but pawned only so that the Party shall under a certain pain keep the Peace which pawn he shall forfeit if he break the Peace Dal. 171. cap. 69. L. Lamb. 102. And by the Opinion of Marrow a Justice of the Peace may also take his Surety by an Obligation made to himself by the name of Justice of the Peace for so shall it be saith he ad usum Domini Regis but if it were made unto him without his name of Justice of the Peace then it could not be to the use of the King unless it had the words ad usum Domini Regis on the other side F. N. B. 81. D. holdeth that such an obligation taken to the King by a Justice of the Peace is nothing worth for a man cannot be bound to the King but only by matter of Record unless he will after come into a Court of Record and Confess it to be his Deed and pray that it may be Enrolled there 9 Ed. 4. 31. But the new Statute 33 H. 8. 39. § N. hath made a plain Law in these Cases that all Obligations and Specialties made for any Cause touching the King shall be in his own name by the words Domino Regi and to no other Person to his use The safe way therefore is to take his Surety by Recognizance as is commonly used and that also by the
words Domino Regi and then upon the Forfeiture thereof the King shall have Execution accordingly 51. Dalt 171. 172. cap. 69. LI. Lamb. 103. Now if a Recognizance be ment to be taken for the Peace by a Justice of the Peace and yet do not contain within it or in the Condition thereof that it was taken for the keeping of the Peace it seemeth to be void as being then taken Coram non Judice because a Justice of the Peace hath not power to take Recognizances Generally but for matters concerning his Office specially and therefore Mr. Marrow addeth further that if the Recognizance be that the Recognizor shall not maim nor beat A yet it is not good because it ought to be for the keeping of the Peace and that may be broken otherwise as by Burning the House of A. or by such like Misdemeanor Dalt 171. cap. 69. LII Lamb. 103. 104. Although this Recognizance do not comprehend any time of appearance but be Generally to keep the Peace yet it is good in Law saith Mr. Marrow because the chief scope is the keeping of the Peace and the time is referred to the Discretion of the Justice but as 2 H. 7. 1. it was moved whether the Justice of Peace ought to bring in the Recognizance to the Custos Rotulorum that the Party might be called upon it So by 3 H. 7. 1. § 1. N. 26. It is plainly Enacted That every Recognizance taken for the Peace shall be certified at the next Sessions of the Peace that the Party may thereupon be called and his default if any happen may be recorded whereby it seemeth that every Recognizance of the Peace ought not to contain the appearance of the Party at the next Sessions and otherwise there may be some mischief for if the Party shall not so appear he is at Liberty without a new Arrest and not forth-coming to be bound over if it be so required Crumpt 141. b. 142. b. Dalt 172. cap. 69. LIII Lamb. 104. And by Mr. Marrow if the Recognizance contain a day of Appearance and yet have no Person named before whom the Party so Bounden shall appear then may he appear where he will before the Justices of the Peace which took the Recognizance of him LIV. Lamb. 104. If the Form of the Recognizance be in xx li. to be Levied only of the Goods or only of the Lands of the Recognizor it seemeth to be good enough for peradventure the words of the Goods only or the Lands only shall be taken to be void seeing that the very acknowledgment of the Sum of xx li. before a Judge enabled to take it both maketh it a Debt and implieth the Ordinary mean of Law to come unto it Dalt 172. cap. 69. LV. Lamb. 104. Ibid. If this Recognizance be taken to keep the Peace against one special Party only Mr. Marrow thinketh it good but advise well of it for the words in the Commission § 5. of the Peace now be to take Surety Erga nos populum nostrum Dalt 172. cap. 69. Recogn LVI Lamb. 105. For the better Eschewing of all Error in himself and bad dealing against the Party I wish the Justice to go via regia following the received Form which I take to be thus K. Memorand ' quod quarto die Julii Anno Regni c. R. P. de E. ' in Com' predict ' Yeoman in propria persona sua venit coram me I. L. Milite uno Justiciarior ' dicti Domini Regis ad Pacem in dicto Comitat ' Conservand ' assignat ' assumpsit pro seipso sub poena viginti librar ' H. I. de L. in Com' predict ' Yeoman I. H. de M. in eodem Comitatu Husbandman tunc ibidem in propriis personis suis similiter venerunt manuceperunt pro predict ' R. P. viz. quilibet eorum separatim sub poena C. solidorum quod idem R. P. personaliter comparebit coram Justiciariis dicti Domini Regis ad Pacem ad proximam Generalem Sessionem Pacis in Com' predicto ad faciend ' recipiend ' quod ei per Curiam tunc ibidem injungetur quod ipse interim pacem dicti Domini Regis custodiet erga ipsum Dom Regem cunctum populum suum precipuè versus M. N. de Ightham predict ' Yeoman quod Damnum vel malum aliquod corporale aut Gravamen prefato M. N. aut alicui de populo dicti Domini Regis quod in loesionem aut perturbationem Pacis ipsius Domini Regis cedere valeat quovismodo non faciet nec fieri procurabit Quam quidem Summam xx libr ' predict ' R. P. quilibet manucaptorum predictorum predictas separales Summas C. Solid ' recognoverunt se debere dicto Domino Regi de terris tenementis bonis catallis suis quorumlibet cujuslibet eorum ad opus dict' Domini Regis Heredum Successorum suorum fieri levari ad quorumcunque manus devenerint si contigerit ipsum R. P. premissa vel eorum aliquod in aliquo infringere inde legitimo modo convinci In cujus rei Testimonium ego predictus I. L. Sigillum meum apposui Dat' c. Dalt 369. cap. 123. 172. cap. 69. Or thus MEmorand ' quod 4 die c. A. B. de I. c. C.D. de eadem Yeoman venerunt coram me I.F. c. manuceperunt pro I.S. nuper de L. c. quod ipse personaliter comparebit coram me prefat ' I. F. vel sociis meis Justiciariis pacis Domini Regis ad proximam Generalem Sessionem c. quod ipse interim gerit pacem erga cunctum Populum Domini Regis precipuè erga R. B. c. viz. quilibet manucaptorum predictorum sub poena xx libr ' predict ' I. S. assumpsit pro seipso sub pena xl l quam quidem Summam xl li. predictus I. S. quilibet manucaptorum predictorum dictam summam xx libr ' recognoverunt c. Kilb. Presidents 191. Dalt 369. cap. 123. LVII Lamb. 107. And this may be well done also by a single Recognizance in Latine with a Condition added or Endorsed in English for the keeping of the Peace and for the day and place of the Appearance at the Quarter Sessions LVIII Dalt 368 369 370. cap. 123. A single Recognizance taken before Justices of the Peace C. MEmorand ' quod Die Anno c. venerunt coram me M. D. J. B. Armig ' Justiciar ' dicti Domini Regis ad pacem in Com' predict ' Conservand ' assignat ' J. S. de B. in Com' predict ' Yeoman W. S. de eodem Weaver ac R. D. de S. in Com' predict ' Taylor recognoverunt se debere Dicto Domino Regi viz. quilibet manucapt ' predict ' v libr ' predict ' J. S. x libr ' bonoe legalis monetoe Anglioe solvend ' eidem Domino Regi in Festo
Purificationis beatoe Marioe Virginis proxim ' futur ' post Dat' present ' nisi fecerint concesserunt pro se Heredibus Executoribus administraterbus suis per present ' quod Dictoe separales Summoe leventur ' recuperent ' de maneriis messuagiis terris tenement ' bonis catallis hereditament ' ipsorum J. S. W. S. R. D. hered ' executor ' assignator ' suorum ubicunque fuerint jnvent ' per present ' Dat' c. Another CAntebr Memorand ' quod c. Die c. Anno c D. E. de B. in Com' predicto Yeoman personaliter venit coram me N. D. Armig ' uno Justiciar ' Dicti Domini Regis ad pacem in Com' predict ' Conservand ' assignat ' recognovit se debere dicto Damino Regi x libr ' bonoe legalis monetoe Anglioe de bonis Catallis terris tenement ' suis fieri levari ad opus dicti Domini Regis heredum Successorum suorum si defecerit in Conditione indorsata Alias MEmorand ' quod c. Die c. Anno c. venerunt coram me M. D. uno Justiciar ' c. assignat ' T. F. de W. in Com' predict ' Yeoman J. S. de eisdem Villa Com' Husbandman Manuceperunt uterque eorum separatim manucepit sub pena v li. legalis monetoe Anglioe pro W. S. de W. predict ' Taylor predict ' W. S. assumpsit pro seipso sub pena x li. consimilis monetoe Anglioe quas quidem separales Summas recognoverint quilibet eorum ut predictum recognovit se debere dicto Domino Regi de terris tenement ' bonis Catallis suis fieri c. si predict ' W. S. defecerit in performatione Condition ' infrascript ' A Condition to keep the Peace THe Condition of this Recognizance is such that if the within Bounden J. S. shall personally appear before the Justices of our said Soveraign Lord the King at the next General Sessions of the Peace to be holden in the said County of C. to do and receive that which by the Court shall be then and there enjoyned him and that he in the mean time do keep the Peace of our said Soveraign Lord the King towards the Kings Majesty and all his Liege People and especially towards A. B. of C. aforesaid Yeoman that then c. Kilborns Presidents 176. Retorn LIX Lamb. 107. If the Surety were taken by virtue of a Supplicavit then must the Justice of Peace being in this Case but a Minister make return of the Writ and Certificate of his doing into the Court from whence the Supplicavit did proceed First let him note upon the Back of the Supplicavit thus Executio istius brevis patet in quadam Schedula huic brevi Annexa The Schedule thus EGo T. F. Miles unus Custodum pacis Domini Regis in Com' K. certifico in Canceliarioam dicti Domini Regis me virtute istius Brevis mihi per A. B. in eodem Brevi nominat ' primo deliberati personaliter coram me tali die loco venire fecisse T. R. in dicto Brevi nominatum ac eundem T. ad sufficientem securitatem manucaptores pacis inveniend ' secundum formam dicti Brevis viz. as the Writ which is of divers forms shall appoint Compulisse in cujus rei testimonium huic presenti Certificationi meoe sigillum meum apposui datum apud D. predict ' in Com' predict ' 25 Die Febr ' Anno c. Dalt 185. cap. 73. Certiorari LX. Lamb. 108. If a Certiorari be directed out of the Chancery to the Justice of the Peace for removing this Recognizance because it was not sent up together with the Certificate as there was no necessity that it should then that Writ also may be thus Answered Upon the Back of the Writ thus VIrtute Istius Brevis ego P. H. unus Custodum Pacis Domini Regis in Com' K. tenorem securitatis pacis unde infrà fit mentio Dicto Domino Regi in Cancellariam suam sub sigillo meo distinctè apertè mitto prout patet in Schedula huic Brevi consuta Crumpt 143. ab The which Schedule may be thus Reciting MEmorand ' quod XX die c. Anno c. the whole Recognizance to the End then in cujus rei Testimonium ego predict ' P. H. sigillum meum apposui dat' c. Dalt 185. cap. 73. Joyndre LXI Lamb. 108 109. If the Supplicavit be against divers and the Party will release his Prayer of the Peace against one of them then the release ought to be certified for him and the Writ must be served for the rest or else non est Inventus may be certified for him and the Writ may be certified for the rest Dalt 173. cap. 69. Retorn LXII Lamb. 109. And this Form may serve also where a Certiorari is brought to a Justice of Peace to remove a Recognizance of the Peace that was taken by him ex officio without any such Writ of Supplicavit as Registre 90. But if the Recognizance be not thus removed from the Justice of Peace then may he keep it till the Certiorari come to him for it On the other side if the Recognizance were taken by vertue of his Office then whether it were by his own Discretion or at the Suit and desire of another he must send or bring it in at the next Sessions to the Custos Rotulorum so that the Recognizor may be there Called and if he make default then the same default to be recorded as is appointed by 3 H. 7. 1. § 1. N. 26. Dalt 174. cap. 70. LXIII Lamb. 109. And although the Party that prayed the Peace Appearance do not then appear at those Sessions yet is not the default of the Recognizor discharged thereby 39 H. 6. 26. Surety Br. 10. and the Justices may then of discretion bind him over which also they ordinarily do in some places for two or three Sessions together by order among themselves Dalt 174. cap. 71. LXIV Lamb. 110. The Justice of Peace that of his own motion compelleth one to give Surety of the Peace until a certain day Release may by like discretion before that day release it Fitzh 10. and if it should fortune to be made to keep the Peace Generally without any day limited then would it be construed that it was to continue during the Life of the Party bound and then could no man release it by Fitzh 21 Ed. 4. 40. 9 Ed. 4. 3. Crumpt 139. b. § 15. 141. Dalt 175. cap. 71. LXV Lamb. 110. If at the Suit of A. the Recognizance should be taken to keep the Peace against A. only and none other then may A. release it either before the same Justice or any other that will certifie the release which Certificate being of Record will discharge it but to release it by Deed is nothing worth by Marrow
11 H. 7. 2. § 1. N. 10. And that the Lord of every Leet within this Realm and the Sheriff in his Tourn Leet have Authority to enquire thereof in his Leet and Tourn and the Lord of the Leet to have for every default found as is abovesaid 1 s. 8 d. and the Sheriff to enquire in his Tourn of such escapes within the Jurisdiction of his own and to have 1 s. 8 d. for every such default found in his Tourn 19 H. 7. 12. § 1. N. 11. XXV 11 H. 7. 2. § 1. N. 11. And that the penalty limited by this Ordinance be forfeited by any Officer or any other person Forfeiture for non punishment of Vagabonds and other misruled persons within every City where Mayor and Aldermen be that the profit of every such penalty be unto the Alderman of that Ward where such forfeiture is had or made to his own profit 19 H. 7. 12. § 1. N. 12. XXVI 11 H. 7. 2. § 1. N. 12. And also it is ordained and enacted Distress c. that it shall be lawful to every man intituled to have the penalty to distrain for it in like wise as the Lord of any Leet may do for Amerciaments and Fines had and assessed in the same Leet 19 H. 7. 12. § 1 N. 13. Women XXVII 11 H. 7. 2. § 1. N 14. Provided always that deminution of punishment of Vagabonds and Beggars aforesaid may and shall be had for women great with Child and men and women in extream Sickness by him that hath authority to do the said punishment 19 H. 7. 12. § 1. N. 17. Alen. XXVIII 22 H. 8. 10. For as much as before this time divers and many outlandish people calling themselves Aegyptians using no Craft nor Feat of Merchandise have come into this Realm and gone from Shire to Shire and place to place in great Company and used great subtlety and crafty means to decline the people bearing them in hand that they by Palmestry could tell Mens and Womens fortunes and so many times by Craft and Subtlety have deceived the people of their mony and also have committed many and hainous Felonies and Robberies to the great hurt and deceit of the people that they have come among 1 2 Ph. Mar. 4. Forfeiture XXIX 22 H. 8. 10 § 2. N. 1. Be it therefore c. ordained c. that from henceforth no such person be suffered to come within this the Kings Realm and if they do then they and every of them so doing shall forfeit to the King c. all their Goods and Chattels and then to be commanded to avoid the Realm within fifteen dayes next after the commandment upon pain of imprisonment 39 Eliz. 3. § N. Lamb. 437. Seisure XXX 22 H. 8. 10. § 2. N. 2. And it shall be lawful to every Sheriff Justice of Peace and Escheator to seize to the use of our Sovereign Lord his Heirs and Successors all such goods as they or any of them shall have and thereof to make account to our said Sovereign Lord in his Exchequer Enquest XXXI 22 H. 8. 10. § 2. N. 3. And if it shall happen any such Stranger hereafter to commit within this Realm any Muder Robbery or any other Felony and thereof be Indicted and Arraigned and to plead not Guilty or any other plea tryable by the County that then the Enquest that shall pass between the King and any such party shall be altogether of English-men albeit that the party so indicted pray medietatem Linguae according to the Statute Anno 8 H. 6. viz. 8 H. 6. 29. § N. or of any other Statute thereof made Exile XXXII 22 H. 8. 10. § 3. N. 1. Provided always that the Aegyptians now being in this Realm have monition to depart within sixteen dayes after Proclamation of this Statue amongst them shall be made upon pain of Imprisonment and forfeiture of their goods and Chattels and if they then so depart that then they shall not forfeit their Goods nor any part thereof this present Statute notwithstanding Restitution XXXIII 22 H. 8. 10. § 4. N. 1. Provided always that every such person or persons which can prove by two Credible persons before the same party that seizeth such Mony Goods or Chattels of the same Aegyptians that any part of the same Goods Mony or Chattles were craftily or Feloniously taken or stolen from him shall be incontinently restored unto the same Goods Mony or Chattels whereof he maketh such proof before the same party that so seizeth the same Mony Goods or Chattels upon pain to forfeit to the same party that maketh such proof the double value of the same by action of debt bill or otherwise in any of the Kings Courts to be sued upon which action and suit he shall not be admitted to wage his Law nor any protection or Essoin to be allowed any thing in this Act to the Contrary notwithstanding Seisures XXXIV 22 H. 8. 10. § 5. N. 1. Provided always and be it further Enacted that if any Justice of Peace Sheriff or Escheator which by Authority of this Act have power to take or seize any Goods or Chattells of any Aegyptians at any time hereafter do seize or take the Goods or Chattels of any such Aegyptians that then every such Justice Sheriff or Escheator doing the same shall have keep and retain to his own use the moity of all such Goods so by him seized and of the other moity so by him taken or seized shall make answer and accompt to the King in his Exchequer according to the tenor of this present act any thing in the same act contained to the contrary hereof notwithstanding and that upon any account hereafter to be made for the said other moity of the same Goods the accountant shall pay no manner of fees or other charges for his account or discharge to be had in the Kings Exchequer nor elsewhere XXXV Lambert 2 Cap. 7. pag. 195. 196. Seisure Every Justice of the Peace may within one month after the arrival seize all the Goods of any Outlandish persons calling themselves Aegyptians that shall come into this Realm and may also keep the one moity thereof to his own use making account to the King in the Exchequer for the other moity And every person that can prove by two Credible Witnessess before him that so seizeth that any of those Goods were craftily or feloniously taken from him shall be incontinently restored thereto before the party that so seizeth them upon pain of the double value thereof to be forfeited to such Prover 22 H. 8. 10. § But note that after the Month the offence is made Felony and then it seemeth the King is to have the Goods wholly 1 2 Ph. Mar. 4. § N. XXXVI Lambert 364. 365. And every Justice of the Peace is allowed to retain to his owe use the one moity of all strangers Goods Seisure
make their said Account within eight days then the Bishop of the Diocess or Ordinary shall have Authority by Virtue of this Act to compel the said person or persons by Censures of the Church to make their said Accounts before such persons as the said Bishop or Ordinary shall appoint Charity CCXXIV. 5 6 Ed. 6. 2. § 5. N. 1. And be it further Enacted c. that if any person or persons being able to further the charitable Work do obstinately and frowardly refuse to give towards the help of the Poor or do wilfully discourage others from so charitable a deed the Parson Vicar or Curate and Church-wardens of the Parish where he dwelleth shall gently exhort him or them towards the releif of the Poor Ordinary CCXXV. 5 6 Ed. 6. 2. § 5. N. 2. And if he or they will not so be perswaded then upon the Certificate of the Parson Vicar or Curate of the Parish to the Bishop of the Diocess the same Bishop shall send for him or them to induce and perswade him or them by Charitable waies and means and so according to his discretion to take order for the reformation thereof 5 Eliz. 3. § 7. N. 3. CCXXVI 5 6 Ed. 6. 2. § 6. N. 1. And for the better maintenance of this Charitable work ordained Abbe c. that whereas the late King of Famous Memory King Henry the eighth by his several Erections and foundations hath ordained and appointed any summ or summs of Mony to the use of the poor not being taken away otherwise by Act of Parliament whether the same be in any Cathedral-Church Colledge or elsewhere the Bishop of the Dioces for the time being shall from time to time Examine how and after what manner the mony is bestowed and to call to account the Parties which retain the said mony so that it may appear the same is distributed to the Poor according to the Kings Majesties foundation CCXXVII 5 6 Ed. 6. 2. § 9. N. 1. Provided always and be it further Enacted c. that this present Act nor any thing therein contained Franchis shall extend or be prejudical unto the Mayor Sheriffs and Citizens of the City of Chester for or concerning any gift or Grant of any Annuity or yearly rent heretofore made given or granted by the Kings Majesty that now is unto the said Mayor Sheriffs and Citizens of the said City going out of any Manners Lands Tenements and Hereditaments of the Cathedral-Church of Christ and our Lady within the City of Chester but that the same Mayor Sheriffs and Citizens shall and may from henceforth receive use and imploy the same Annuities yearly rents and profits to such uses and intents and according to the said gift of our said Soveraign Lord the King any thing in this act to the contrary notwithstanding CCXXVII 5 6 Ed. 6. 2. § 7. N. 2. This Act to endure to the end of the first Session of the next Parliament Continuance 7 Ed. 6. 11. § 11. N. 4. CCXXIX 5 6 Ed. 6. 21. Forasmuch as it is evident that Tinkers Trades Pedlers and such like Vagrant persons are more hurtful than necessary to the Common wealth of this Realm 1 Jac. 25. § 47. N. 2. 14 Eliz. 5. § 5. N. 5. CCXXX 5 6 Ed. 6. 21. § 1. N. 2. Be it Enacted c. that License c. no person or persons commonly called Pedler Tinker or petty Chapman shall wander and go from one Town to another or from place to place out of the Town Parish or Village where such persons shall dwell and sell pins points laces gloves knives glasses tapes or any such kind of wares whatsoever or gather cunny-skins or such like thing or use or exercise the trade or occupation of a Tinker but only such persons c. as shall be thereunto Licensed 1 Jac. 25. § 42. N. 1. CCXXXI 5 6 Ed. 6. 21. § 1. N. 3. And that in such Circuit or compass as shall be to him or them Assigned by two Justices of Peace Justices or more of the Shire where he or they shall dwell by writing under their hands and seals CCXXXII 5 6 Ed. 6. 21. § 1. N. 4. Upon pain that every person Justices which shall offend contrary to the meaning of this Act shall by any Justice of the Shire where the same offence shall be committed upon complaint and due proof had by witness or otherwise be imprisoned by the space of fourteen days at the least CCXXXIII 2 3 Ph. Mar. 5. § 2. N. 1. Be it Enacted Continuance c. that the Statute c. viz. 22 H. 8. 12. and also the Statute c. viz. 3 4 Ed. 6. 16. concerning Beggers Vagabonds and Idle persons and every Article Clause Branch Sentence and other things contained in them and in either of them other than such things as shall be by this present Act otherwise ordained and provided for shall stand remain and be in their full force and effect and shall also from henceforth justly and truly be put in Execution according to the true meaning of the said several Statutes and either of them Records CCXXXIV 2 3 Ph. Mar. 5. § 3. N. 1. And further be it Enacted c. that yearly on some one Holyday in the Christmas in every City Borough and Town-Corporate the Mayor Bailiffs and other Head-Officers for the time being and in every other Parish of the County the Parson Vicar or Curate and the Church-wardens having in a Register or book as well all the Names of the Inhabitants and Householders and also the Names of all such Impotent Aged and Needy persons as being within their City Borough Town-Corporate or Parish are not able to live of themselves or with their own labor shall openly in the Church and quietly after Divine service call the said Householders and Inhabitants together 5 6 Ed. 6. 2. § 2. N. 1. Certificate CCXXXV 2 3 Ph. Mar. 5. § 7. N. 1. And be it further Enacted c. if it shall chance any Parish to have in it more Poor and Impotent folks not able to labor than the said Parish is able to relieve that then in every such not standing in any City or Town-Corporate the Mayor or Chief-Officers of the same City or Town-Corporate calling to them two or three of the Chief Parishioners of the same Parish such as the said Mayor or Head-Officer shall think meet shall certifie unto the Justices of Peace of the County where the same Parish is the Number and Names of the persons with which they be surcharged License CCXXXVI 2 3 Ph. Mar. 5. § 7. N. 2. And upon such Certificate the said Justices of Peace in the same County or two of them whereof one to be of the Quorum shall consider and Examine the said Certificate and finding the same true shall then grant unto such and
having Licence of the next two Justices of the Peace Licence to the place where they first hapned to Land or where they first entred into this Realm shall and may pass according to the purport of their Licence and intent of this Act of Parliament any thing herein contained to the contrary in any wise notwithstanding CCCIII. 14 Eliz. 5. § 10. N. 1. Be it also further provided that no Licence recited in this Statute shall give any manner liberty Licence or be of any manner force but only in the Shire whereof the grantor or grantees of such Licence shall be Justice or Justices of Peace CCCIV. 14 Eliz. 5. § 10. N. 2. Wherefore if the said party Licenced will have any further passage without the danger of this law Licence than the Shire where his first Licence is granted it shall be lawful for him to procure and get in every other Shire where he intendeth to pass one other Licence from two Justices of the Peace of the said Shire and so from Shire to Shire to the end of his Journy CCCV 14 Eliz. 5. § 10. N. 3. Be it also provided that this Act Husbandry nor any thing therein contained do in any wise extend to any Cockers or Harvest Folks that travail into any Country of this Realm for harvest work either Corn Harvest or Hay-Harvest if they do work and labor accordingly CCCVI 14 Eliz. 5. § 10. N. 4. Neither yet to any that hapneth to be robbed or spoiled by the way Robbery CCCVII 14 Eliz. 5. § 10. N. 11. Neither yet to any Serving-men Apprentice that be of honest behavior that be turned from their Masters or whose Master or Mistres shall be dead for the space of six months next after such turning away or death of such Master or Mistres so as every such Serving-man hath a testimonial from his Master or Mistres or from two Justices of the Peace of the same County declaring such turning away or such death of his Master or Mistres CCCVIII 14 Eliz. 5. § 11. N. 1. Provided always that it shall be lawful to the Lord Chancellor or Lord Keeper of the Great Seal of England Licence for the time being to make Licence under the said Great Seal as heretofore hath been accustomed and that the said Licence and Licences shall as largly extend as the contents of them will bear any thing herein to the contrary in any wise notwithstanding CCCIX 14 Eliz. 5. § 12. N. 1. Provided always and be it further Enacted Ouster le mers c. that this present Act or any thing therein contained shall not extend to make frustrate or void any safe Conduct Pasport or Licence made and granted or to be made and granted by the Lord Deputy of Ireland or by the Lord Governor of the Towns and Garrisons of Berwick or Carlile for time being or any other Chief Captain or Governor of any Castle or Fortress of the Queens Majesties or by any other in his or their absence having the said charge of the said Towns and Garrisons or by any of the Guardians of the three Marches towards Scotland or by any General Lieutenant or other Chief-Officer appointed by the Queens Majesty to have the charge and conduct of any Army Garrison or Power of men levyed or to be levyed by her Highness order and appointment and for the special service and affairs of Her Majesty her Heirs or Successors or by any Private Captain upon the dispersing of any Army only to any Souldier or Souldiers or any other person or persons whatsoever within this her Realms of England and Ireland passing by vertue thereof about his or their lawful business and affairs but that he or they shall and may quietly without any let or disturbance enjoy the benefit effect and true meaning thereof in as large and ample manner and form as heretofore hath been used and accustomed any thing in this present Act mentioned to the contrary in any wise notwithstanding Infant CCCX 14 Eliz. 5. § 13. N. 1. Provided always that this present Act or any thing therein contained shall not in any wise extend to the punishment of any such person or persons as by this Statue are limited for Rogues unless the same be of the age of fourteen years or above but that they and every of them under the age shall be punished with whipping or stocking as heretofore hath been used and appointed by the Laws and Statutes in that case provided and now repealed this Act or any thing therein contained to the contrary hereof in any wise notwithstanding Constable CCCXI. 14 Eliz. 5. § 14. N. 1. And it is further Enacted c. that if within any Town or Parish where any such Vagabond or Rogue shall happen to beg or make his abode contrary to the form of this Statute if the Constable or Tything-men be negligent and do not his or their best endeavour for the apprehension of such Vagabond or Rogue which there shall beg or make abode contrary to the form in this Statute limited or shall willingly suffer the said Vagabond or Rogue to escape from the punishment or order in this Statute prescribed that then the said Constable or Tything-men in whom such default shall be shall lose and forfeit for every such Vagabond and Vagrant person that shall be so suffered to beg or make abode within his Authority contrary to the form of this Statute 6 s. 8 d. Cottages CCCXII 14 Eliz. 5. § 14. N. 2. And forasmuch as Charity would that Poor Aged and Impotent persons should as necessarily be provided for as the said Rogues Vagabonds and sturdy Beggers repressed and that the said aged impotent and Poor people should have convenient Habitations and abiding places throughout this Realm to settle themselves upon to that end that they nor any of them should hereafter beg or wander about Justices CCCXIII. 14 Eliz. 5. § 14. N. 3. It is therefore Enacted c. that the Justices of Peace of all and singular the Shires of England and Wales within the limits of their Commissions and all other Justices of the Peace Mayors Sheriffs Bailiffs and other Officers and all and every City Borough Riding and Franchise within this Realm whereof they be Justices of the Peace within the limits of their Authority shall at or before the said Feast of Saint Bartholomew next coming divide themselves and so being divided shall within every of their several divisions and Authorities make diligent search and enquiry of all Aged Poor Impotent and decayed persons born within their said divisions and limits or which were there dwelling within three years next before this present Parliament which live or of necessity be compelled to live by Alms of the Charity of the people that be or shall be abiding within the limits of their Commissions and Authorities CCCXIV 14 Eliz. 5. § 14. N. 4. And shall upon that search made Records make a Register-Book
CCCCXII Lambert 356. 357. And two such Justices of Peace may Tax any other of other Parishes within the Hundred Taxes to contribute to a Poor Parish and may make out their Warrants to the Church-wardens and Overseers of every Parish to levy the Taxtions by distress and Sale of the Offenders Goods and in defect of distress may commit the party refusing to contribute to the Common-Goal without Bail or Mainprise and they may do the like concerning penalties and forfeitures committed 43 Eliz. 2. § N. Lambert 601. 602. Dalt 95. cap. 40. CCCCXIII Lambert 357. Any two Justices of Peace of any City Plague Borough Town-Corporate and places priviledged may assesse the Inhabitants thereof at such reasonable Taxes as they shall think fit for relief of persons infected with the Plague and dwelling in Houses infected to be levyed by Warrant of two such Justices of Peace of his Goods that refuseth to pay the same and in default of Goods the offender by them may be committed to prison without Bail or Mainprise 1 Jac. 31. Dalt 90. cap. 39. 96. cap. 40. CCCCXIV Lambert 357. 358. Upon Certificate of the Mayor Certificate or other Head-Officers of any City c. of their disability to relieve their Poor infected persons to any two Justices of the Peace of the County near to the said City c. the same Justices may Tax the Inhabitants of the same County within five Miles of the place infected for their relief to be levyed by Warrant from any such two Justices of the Peace by distress and sale of Goods and in default thereof by Imprisonment of the party Taxed and refusing as afore 1 Jac. 31. Dalt 90. cap. 39. CCCCXV. Lambert 361. The Bishop and his Chancellor Ordinary and three such Justices of the Peace have power to Examine how mony or other relief appointed by King H. 8. or any other to the use of the Poor or of amending of High-ways or Bridges is bestowed and to call to account the detainers thereof c. 14 Eliz. 5. § 35. N. 1. and 39 Eliz. 18. § N. Lambert 352. CCCCXVI Lambert 367. If any Justice of Peace Justices shall be proved to be in default about the Execution of the act of the Poor viz. 14. Eliz. 5. § N. by two sufficient witnesses before the Justiecs of Assize at their next general Goal-delivery he shall lose 5 l. Imprisonment CCCCXVII Lambert 467. 468. Enquiry in Sessions if the Church-wardens of any Parish have not every Sunday levyed the Mony for relief of the Prisoners of the Goal and once in every Quarter paid it to the Constable of the Hundred or if the Constable have not every Quarter Sessions paid over the same to the Collector thereto appointed or if such Collector have not weekly distributed the same for relief of the said Prisoners 14 Eliz. 5. § 37. 2. N. 2. Cottages CCCCXVIII Lambert 468. Charge in Sessions on 31 Eliz. 7. If any person hath since the end of the last Session of Parliament made builded or erected or caused to be made c. any manner of Cottage for dwelling or converted or ordained any building or Housing to be used as a Cottage for dwelling unless the same person have laid thereunto four Acres at the least of ground to be accounted by ordinance viz. 33 Ed. 1. pag. 70. de terris mensurandis being his or her own freehold and inheritance lying near to the said Cottage to be continually manured there withal so long as that Cottage shall be inhabited Crompt 90. b. 91. a. 2. If any person have willingly maintained or upholden such Cottage not having so many Acres so lying and manured 3. If there be any Inmates or more Housholders than one dwelling in one Cottage by the placeing or suffering of any owner or occupier of such Cottage Cottages CCCCXIX Lambert 468. 469. But this Statute viz. 31 Eliz. 7. extendeth not to any Cottage in any City Corporate or Market-Town or Ancient Borough 2. Nor to the dwelling of any workers of Mineral works Coal-Mines Quarries of Stone or Slate or about the making of Brick Tile Lime or Coal so that they be not distant above one Mile from the works and be used only for the Habitation of such workers 3. Nor to Cottages within a Mile of the Sea or upon the side of any Navigable Rivers within the Admirals Jurisdiction so as none dwell therein but Saylors or men of manual occupation for the making furnishing or Victualling of Ships or Vessels used to serve on the Sea 4. Nor to any Cottage in any Forest Chace Warren or Park inhabited only by them that keep the Deer or Game there 5. Nor to any Cottage hereafter to be made wherein only a common Herd-man or common Shepherd of any Town or any Poor Lame Sick Aged or Impotent person shall dwell 6. Nor which for any just respect upon complaint to the Justices of Assize at the Assizes or to the Justices of Peace at the Quarter Sessions shall by their order entred in open Assizes or Quarter Sessions be decreed to continue for dwelling for so long time only as by such decree shall be limited 7. Nor extended to any Inmates to be placed by the order of the Justices in their Quarter Sessions with the leave of the Lord of any wast or common at the charge of the Parish Hundred or County 43 Eliz. 2. Sessions CCCCXX Lambert 596. and 14 Eliz. 5. and 18 Eliz. 3. Concerning Poor people and Vagabonds have mention of the Quarter-Sessions to be holden next after Easter which Statutes as they make not in this point a new Law so allowing of any one of the four Sessions they do therein give allowance of all the other three Infant CCCCXXI Lambert 604. A Beggers Child may at the General Sessions be bound to serve any Subject of this Realm being of an honest caling 14 Eliz. 5. § N. 18 Eliz. 3. § N. Cottages CCCCXXII Lambert 604. A Decree may be made at the Quarter-Sessions for the continuance of a Cottage that hath not four Acres of ground and there may the Justices enquire hear and determine of Cottages and Inmates in offence of the Statute 31 Eliz. 7. CCCCXXIII Lambert 609. And they must yearly in the same Sessions viz. after Easter or in six weeks Sessions c. Examine the performance or non-performance of so much of the Statute made for the Poor 14 Eliz. 5. as is not altered by 43 Eliz. 2. CCCCXXIV Lambert 609. The account of the Treasurers for disabled Souldiers or Mariners Account is to be made yearly at the Quarter Sessions after Easter or within ten days after 43 Eliz. 3. CCCCXXV Lambert 29. Duty of Constables Constable c. It seemeth to me that in this case viz. on 14 Eliz. 5. § 37. 2. N. 2. the words High-Constable High-Tythingmen and Head-Officers do exclude pety Constables Borsholders and such like to meddle therein because none
convenient time for his passage thither by which he may accordingly pass in the usual and direct ways thither and ask and take relief 39 Eliz. 4. § 14. N. 1. CCCCXLIII Lambert 302. 303. The Justices of Peace in or near the place where any Idle or wandring Souldier or Mariner Pasport coming from his Captain from the Seas or from beyond doth Land ought upon request to give him a Testimonial under his hand expressing therein the time and place of such his Landing with the place of his dwelling or birth to which he is to pass and with a convenient time therein limited for his passage thither and the Justice of Peace next adjoyning to the place or direct way where any Souldier or Mariner coming from or beyond the Seas Landeth or Travaileth and maketh known his Poverty may Licence him to pass the next and direct way to the place whether he is to repair and may limit him time necessary only for his travail thither which Licence if he pursue he may ask and take without danger for his necessary relief in such his travail that which any persons shall willingly give him 39 Eliz. 17. CCCCXLIV Lambert 330. Any two Justices of Peace Forfeiture may by Warrant under their hands and Seals cause to be levyed by distress and sale of the Goods of the offender all fines and forfeitures that shall grow by the Confession of the offender or by proof of two lawful and sufficient witnesses before them upon this Statute of Rogues 39 Eliz. 4. CCCCXLV Lambert 354. Any two Justices of Peace Justices have power to hear and determine all causes that shall grow in Question by the Statute of Rogues 39 Eliz. 4. CCCCXLVI Lambert 354. Two Justices of Peace Laborers of or near the place to which a Souldier or Mariner cometh with the Testimonial of one Justice of the Peace shall take order by their discretion for setting to work or relieving of him if he cannot of himself get work there or imploy himself in lawful course of life 39 Eliz. 4. CCCCXLVII Lambert 422. If any strangers calling themselves Aegyptians or being commonlly called Aegyptians Aegyptians have remained in the Realm one month and if any person being fourteen years of Age which hath been seen or found in the Fellowship of such Aegyptians or which doth disguise himself like to them have remained here or in Wales by the space of one Month either at one time or at several times to be enquired at Sessions 1 2 Ph. Mar. 4. and 5 Eliz. 20. 39 Eliz. 3. CCCCXLVIII Lambert 422. If any dangerous Rogue that was banished the Realm or adjudged perpetually to the Gallies Exile have returned into the Realm without lawful Licence viz. enquire at Sessions 39 Eliz. 4. CCCCXLIX Lambert 422. 423. Charge in Sessions Lieu. if any dangerous Rogue after he hath been branded in the open Sessions with a Roman R. upon the left Shoulder and sent to the place of his dwelling the place where he last dwelt by the space of a year or the place of his birth to be placed in labor have offended again in Begging or wandring contrary to the Statute 39 Eliz. 4. § N. or this Act 1 Jac. 7. CCCCL Lambert 423. Charge in Sessions Warr. if any Souldier or Marnier have wandred idle without setting himself to service labor or other lawful course of life and hath not repaired to his place of birth or dwelling and had not a lawful Testimonial from a Justice of Peace of or near the place where he landed or hath counterfeited such Testimonial or hath carryed the same knowing it counterfeit 39 Eliz 17. CCCCLI Lambert 436. 437. Charge in Sessions to inquire Infant if any person above the Age of seven years calling himself a Scholar hath gone about Begging 12 Rich. 2. 7. § 1. N. 4. Pasport 2. Or if any Seafaring man not having suffered Shipwrack nor having a Lawful testimonial from a Justice of Peace of or neer the place where he Landed have gone about begging or have transgressed such testimonial Games 3. Or if any idle person have gone about begging or have used any subtile craft or unlawful game or play or have feigned knowledge in Physiognomy Palmistry or other like crafty science or have pretended to tell destinies fortunes or such like fantastical imaginations 4. Or have uttered himself to be a Proctor Procurer patent Gatherer or Collector for any Goal Prison or Hospital 5. Or if any Fencer Bearward Minstrel or Common-player of Enterludes Ingler Tinker Pedler Pety-chapman or Glassemen have wandred abroad Suprà 439. 6. Or if any wandring person or common laborer not having otherwise than by labor to maintain himself being able of body have used loytering 7. Or refused to work for lawful wages 8. Or if any person delivered out of Goal have begged for fees or travelled begging or pretending loss by fier or otherwise have wandred beging 9. Or if any not being a Felon have pretended to be an Aegyptian or have wandered in the form or habit of counterfeit Aegyptians 22 H. 8. 10. § 2. N. 1. 10. Or if any Impotent or diseased person Licenced by two Justices of Peace to go to Bath or Buxstone have not forborn to beg or have not returned according to such Licence 11. Or if any Poor person appointed to ask relief in the same Parish by the Church-wardens and Overseers thereof shall beg in any other sort than is so appointed for all such be declared to be Rogues Vagabonds and sturdy Beggers 39 Eliz. 3. and 1 Jac. 7. Taxes CCCCLII Lambert pag. 601. If the Parish and Hundred be not able to relieve the Poor of the Parish therein then the Justices of Peace or the greater number of them may at their General Quarter-Sessions rate any other Parishes c. thereunto Lambert 356. 357. on 43 Eliz. 2. Dalt 95. cap. 40. Plague CCCCLIII Lambert 601. The Taxes for relief of the infected with the Plague must be certified at the next Quarter-Sessions and the same is to be enlarged extended or determined as to the Justices of Peace there or the more part of them shall be thought fit 1 Jac. 31. Cottages CCCCLIV Lambert 601. 602. And the General Quarter-Sessions may there by agreement with any Lord of wast or common set up Habitations for the Poor and place inmates in the same 39 Eliz. 3. Taxes CCCCLV Lambert 602. And they may also at such General Quarter Sessions assesse the Parents or Children being of sufficient ability to relieve their Poor and Impotent Children and Parents Lambert 209. And the Father Grand-Father Mother Grand-Mother and Child of the Poor being of a sufficient ability may there be Taxed towards the relief of said Poor 43 Eliz. 2. § 6. N. 1 Sessions CCCCLVI Lambert 602. the parties grieved by any Act done upon the Statute 43 Eliz. 2. § N. are to be relieved by the Justices of Peace at
they or one of them be also then and there present before us to inform and certifie us of the names of such other persons as are meet and fitting to be Overseers of the Poor within their several Towns for this year next ensuing and hereof fail you not c. Kilborn 178. the like And this Warrant must be under the hands and Seals of two Justices at the least the one of the Quorum CCCCLXXI Dalt 357. cap. 121. A Warrant to new Overseers to take their charge Kilborn 183. Kent ss Overseers By vertue of the Statute made in the three and fourtieth year of the Reign of our late Soveraign Lady Queen Elizabeth Entituled an Act for the relief of the Poor These are to will and require you whose names are here under written that you together with the Church-wardens of the Parish for the time being do according to the same Statute take order from time to time for this year to come for the setting to work of the Poor within your Parish and for the raising of a convenient stock of some ware or stuff in your Town to that purpose and for the providing of necessary relief for such as be lame and impotent amongst you and for the placing Apprentices such Children whose Parents are not able to maintain them and hereof see that you fail not at your perils dated c. CCCCLXXII Dalt 92. cap. 40. These Overseers and Church-wardens or the greater part of them Apprentice with the consent of two or more such Justices shall take order from time to time for setting their Poor on work putting out Apprentices and relieving their impotent as followeth CCCCLXXIII Dalt 92. cap. 40. First for setting to work the Children of all such whose Parents shall not by the greater part of the said Overseers be thought able to keep and maintain their Children Apprentice which Children they or the greater part of them by the assent of two such Justices may also put out to be Appretices viz. The Men Children till the age of twenty four and the Women Children till their age of twenty one years or the time of their Marriage and all Poor Children so bound Apprentices may be taken and kept as Apprentices by their Masters any former Statute to the contrary notwithstanding see 1 Jac. 25. § N. and 21 Jac. 28. § N. but such binding must be by Indenture Dalt 391. cap. 128. and Dalt 82. cap. 31. CCCCLXXIV Dalt 92. cap. 40. Secondly for setting to work of all such persons Married or unmarried as having no means to maintain them Estates use no ordinary and dayly trade of life to get their living by now the placeing of such Apprentices and the setting and holding the Poor to work is the more proper and true duty of Overseers for otherwise their bare gathering or raising of a stock is to little purpose And note that the Church-wardens and Overseers of the Poor may by and with the consent of two or more Justices of the Peace whereof one to be of the Quorum c. set up use and occupy any trade mistery or occupation only for the setting on work and better relief of the Poor of the Parish Town or place where they are Overseers c. 3 Car. 1. 4. CCCCLXXV Dalt 92. cap. 40. Thirdly for relieving such Poor amongst them as are Poor and impotent or not able to work Taxes And to these purposes the said Overseers are enabled to raise weekly or otherwise by taxation of every Inhabitant Parson Vicar and other and of every occupier of Lands Houses Tythes Mines or Saleable under-woods proportioning them to an Annual benefit c. in the same Parish such competent summs of mony as they shall think fit therewith to provide a convenient stock of some ware or stuff to set the Poor on work and also competent summs of mony towards the necessary relief of the lame impotent old blind and other Poor not able to work and for the putting out of such Children as aforesaid to be Apprentices CCCCLXXVI Dalt 93. cap. 40. But in putting forth of these Apprentices there must be regard hard to the Master viz. his ability and honesty Apprentices otherwise by some device or hard intreaty they may provoke their Apprentices to depart or run away 2. Secondly to his trade or faculty lest the Apprentice consume his time without learning any thing and to these two the Justices of Peace must have an eye 3. Regard must also be had to the Child viz. to put them out timely and while they are young and tractable so as they be above the age of seven years otherwise by reason of their idle and base Educations they will hardly keep their service or imploy themselves to work 4. And regard is to be had to the Parents viz. to take away such as are brought up to live idly and losely or else such as are a burthen and charge to their Parents CCCCLXXVII Dalt 93. cap. 40. Note also that as this Statute Apprentice 3 Car. 1. 4. 5. § 22. N. 9. Enableth the Church-wardens and Overseers with the consent of two Justices of the Peace to put out Apprentices so it doth enable them to place those Apprentices with Masters for without Masters there can be no Apprentices And the said Justices may compel all such as be of ability to take such Apprentices according to their discretion and if any such Master shall refuse to take such Apprentice so to him appointed the said Justices may bind such Master over to the next General Goal delivery there to answer such default And this was the direction of Sir Henry Mountague Chief Justice of B. R. at Cambridge Assizes 1618. Wherewithal agreed Sir Nicholas Hide and Sir Francis Harvy Judges of Assize at Cambridge summer Assizes Anno 1627. Fines CCCCLXXVIII Dalt 93 94. cap. 40. Also the Statute 43 Eliz. 2. § 5. N. 1. seemeth to warrant as much c. or else the said Church-wardens and Overseers with the consent of the said Justices as it seemeth may impose upon such Master refusing to take such Apprentice a competent summ of mony for the putting out of such an Apprentice elsewhere And upon the Masters refusal to pay such mony two such Justices may make their Warrant to levy the same by distress and sale of the offenders goods c. Apprentice CCCCLXXIX Kilborns Precedents 22. A Warrant to put out Poor Children Apprentices To the Church-wardens and other the Overseers of the Poor of the Parish of A. in the said County and to every of them Kent ss THese are in his Majesties name to Command you that you do present unto us or some of us in writing under your hands at the House of A. R. in c. upon the _____ day of _____ next at nine of the clock in the morning of the same day the names of all such Poor Children of your said Parish as are Orphans or whose Parents shall not
by you or the greater number of you be thought able to keep and maintain them Together with the names of the Parents of the said Children if they have any living and the several ages of the Children aforesaid And that you do cause such of the said Children as be able to come thither and more especially such of them as by you shall be thought fit to be put forth Apprentices to appear before us at the time and place aforesaid to be by us there viewed And likewise that you do then and there also present unto us in writing as aforesaid the names of such substantial Inhabitants of your said Parish to whom you shall think fit to put the said Children or any of them Apprentices and more especially of such of the said Inhabitants as have not formerly taken such Poor Children of the said Parish Apprentices And lastly that you do give notice to the said Inhabitants that they are by us required then and there to appear before ut to shew cause why you by our assent shall not bind such of the said Children Apprentices unto them as to you stall seem convenient unless they shall in the mean time consent to take and receive the same accordingly And that you your selves be then and there also present and have there this Precept of all which you are not to fail at your peril given under our hands and Seals the _____ day of Process c. CCCCLXXX Kilborns Precedents 25. A Warrant against them that refuse to take Apprentices To the Constables c. of the Hundred of K. and to every of them Kent ss WHereas the Church-wardens and Overseers of the Poor of the Parish of A. in the County aforesaid did by our assent by Indenture bearing date the _____ day of c. put and bind out unto B. C. of the Parish aforesaid D. E. a Poor Child of the said Parish Apprentice according to the form of the Statute in that case made and provided in the forty third year of the Reign of the late Queen Elizabeth Entituled an Act for the relief of the Poor And forasmuch as the said B. C. doth refuse to take receive and keep the said Apprentice accordingly and doth likewise refuse to Seal the Counterpart of the said Indenture These are therefore in His Majesties name to Command you that you some or one of you do cause the said B. C. to come before us or one of us or some other Justice of Peace of the said County to enter into Recognizance unto his said Majesty conditioned for personal appearance at the next General Sessions of the Peace to be holden at E. in the County aforesaid then and there to answer the premises and further to do and receive as the said Court shall then consider of him in this behalf hereof fail not at your perils given under our hands and Seals at c. CCCCLXXXI Dalt 94. cap. 40. Two Justices shall take the Account of such Overseers at the end of their year Account and of the Church-wardens in every of these particulars following 43 Eliz. 2. Suprà 470. 1. Of all summs of mony by them received or rated and not received 2. Of all such stock of ware or stuff as they or any of the Poor have in their hands 3. What Apprentices they have put out and bound according to the Statute 4. What Poor they have set to work or relieved 5. Whether they have suffered any of their Poor to wander and beg out of their Town or in the High-ways or in their Town without their direction 39 Eliz. 3. and 4. 6. Whether they have monthly met to consider of these things 7. Whether they have assessed the Inhabitants and occupiers of Lands c. in their Parish viz. all such as are of ability and with indifferency 8. Whether they have endeavored to levy and gather such assessements 9. Whether they have been otherwise negligent in their Office within which words also there seemeth to lie included if they shall neglect to execute the Justices Warrants to them or any of them directed for the levying of any forfeiture according to this Statute CCCCLXXXII Dalt 95. cap. 40. He that shall bring any Poor to any Town which are burthensome to the Town Settlement may be raised in his rates towards the relief of the Poor of that Parish CCCCLXXXIII Dalt 96. 97. cap. 40. Young Children whose Parents are dead are to be set on work relieved or maintained Infant at the charge of the Town where they were dwelling at the time of the death of their Parents and are not to be sent to their place of birth c. for if the Parents were not Rogues we may not make the Children Rogues except they wander abroad and beg this was the direction of Fleming Chief Justice in a case between Weston and Cowledge Anno. 11 Jac. Lambert 207. § 7. CCCCLXXXIV Dalt 97. cap. 40. A Travailing Woman having a small Child sucking upon her is apprehended for Felony Women and sent to the Goal and is after arraigned and hanged this Child is to be sent to the place of its birth if it can be known otherwise it must be sent to the Town where the Mother was apprehended for that that Town ought not to have sent the Child to the Goal being no Malefactor and so was it delivered by Sir Nicholas Hide at Cambridge lent Assizes Anno. 3 Car. 1. CCCCLXXXV Dalt 97. cap. 40. So that Lambert 207. § 9. such persons whose Estates of their Houses be expired Lieu. and Servants when their service is ended they shall not be put out of the Towns where they so last dwelt or served neither are they to be sent from thence to their place of birth or last habitation but are to be setled there to work being able of body or being impotent are to be there relieved And yet if such persons shall wander abroad begging out of that Parish then they may be sent as Vagabonds from the place where they shall be taken wandring or Begging to their place of birth Justices CCCCLXXXVI Dalt 97. 98. cap. 40. But for the placing and setling of these Poor people who now for want of Charity are much sent and tossed up and down from Town to Town and from Country to Country it hath been holden by some that it is in the power of the next Justice of Peace to give order therein And that upon appeal from him the Justices of Peace at the Quarter-Sessions may fully take order therein and that their order made in Sessions will not easily be avoided But Sir Francis Harvy at Summer Assizes at Cambridge Anno. 1629 did deliver it that the Justices of Peace especially out of their Sessions were not to meddle either with the removing or setling of any Poor but only of Rogues Bar. Fem. CCCCLXXXVII Dalt 98. cap. 40. If a Man hireth an House in A. and being there with his Wife and Children
VVife and Children takes a House in one Parish for a year Bar. Fem. and before the end of his Term is unlawfully put out of possession and after takes part of an House as an Inmate in another Parish from whence he is also put out and then not being able to get any dwelling they come to lie in a Barn in a third Parish where the Husband falleth sick and the VVife is delivered of another Child where ought these to be setled Resolu If a Man or Woman having House or Habitation in one Parish be thrust out this is an illegal unsetling which the Law forbiddeth for none must be enforced to turn Vagrant and such one must be returned to the place where he or she was last lawfully setled and the Child also born in the time of his distraction 25. Quest VVhither an Apprentice put out by the Church-wardens Apprentice c. according to 43 Eliz. 2. § N. to a Master in another Parish if his Master die and leave no Executor or Administrator fit to keep an Apprentice or able to place him he shall be provided for in the Parish where he was Apprentice or shall be sent back to the Parish from whence he was put out Resolu Servants and Apprentices are by law setled in that Parish and if they become Impotent there the Parish must abide the adventure after their term or time of service be lawfully ended 26. Quest VVhat is accounted a lawful setling in a Parish and what not Settlement Resolu This is too too general a Question to receive a perfect answer to every particular case which may happen but generally this is to be observed that the Law unsetleth none who are lawfully setled nor permits it to be done by Practice or Compulsion And every one who is setled as a Native-Householder Sojourner an Apprentice or Servant for a month at the least without a Just complaint made to remove him or her shall be held to be setled 27. Quest A Rogue is taken at C. and will not Confess the place of his birth neither doth it appear otherwise Rogues but that he confesseth the last place of his Habitation to be at S. hereupon he is whipped and sent to S. at his coming to S. the place of his birth is there known to be at W. and thereupon the Rogue Confesseth it to be so whither he might without any more Vagrancy be sent to W Resolu In this case it is fit to send such a Rogue to the place of his birth for this is but a mis-taking and no legal setling 28. Quest If an Indictment be preferred to the Grand-Jury of the Quarter Sessions of the Peace against one for Murder Man-Slaughter Robbery Justices Felony or Pety Larcency and Ignoramus found thereupon whither the said Sessions may deliver the party by Proclamation or not Resolu Not by Proclamation at all but for pety Larcencies and other pety Felonies in discretion the Goal may be delivered of them Constable 29. Quest If a Constable be chosen and refuseth to take his Oath what shall be done and whither a Constable may make a Deputy and by what means Resolu The refusal or neglect to take an Oath in such a case is a contempt worthy of punishment and thereupon to Fine and Imprison him And the making of a Deputy is rather by toleration than by Law Constable 30. Quest If a Constable die or remove out of the Parish where c. how is his place to be supplied Resolu By the Lord of the Leet if that time fall neer otherwise by the Sessions but if that be too far off then by the next Justices Constable 31. Quest If a Poor weak man be chosen Constable or Tythingman and be unfit for the place how may he be removed and a fit Man sworn in his room Resolu The Justices of Peace must help this and if the Lord of the Leet have power to chuse a Constable or Tythingman and perform it so ill it is a just cause to seize is liberty Settlement 32. Quest If a Nurse-Child a Scholar at a Grammar School or in the University prove to be Impotent by sickness Lameness Lunacy or discovery of Ideocy how such person shall be disposed Resolu A Nurse-Child or a Scholar at the Grammar School or at the University or persons sent to the Common Goal Hospital or House of Correction are not to be esteemed as persons to be setled there more than Travellers in their Inns but their setling is where their Parents are setled or themselves were last setled and Children born in Common-Goals and Houses of Correction their Parent being Prisoners are to be maintained at the charge of the County Taxes 33. Quest VVhat proportion shall Parsonages and Tythes bear to the Taxation of the Poor of the Parish Resolu The Parson or Vicar presentative shall bear according to the reasonable value of his Parsonage having consideration to the Just deductions Cottages 34. Quest VVhither for placing the Poor of the Parish not to be removed by consent of the Parish these Poor men may be placed as Inmates for a time Resolu They may by express words of the Statute 43 Eliz. 2. § 5. N. 4. Taxes 35. Quest If a Parishioner or owner within a Parish do bring into the Parish without the consent of the Parish a stranger of another Parish which is or apparently is like to be burthensome unto the Parish how may they ease themselves Resolu By taxing such a one to the charge of the rates of the Poor not only having respect to his ability or the Land he occupieth but according to the dammage and danger he bringeth to the Parish by his folly Constables 36. Quest For warding in the day time for apprehending of Rogues whither the Constable may not enlarge it to a further time Resolu VVarding in the day time is of great use and must be left to the discretion of the Constables or direction of the Justices to vary according to the occasion Ale 37. Quest VVhither Ale-houses ought to be allowed only in thorough-fare Towns and others in other places to be restrained only to sell to Poor out of doors Resolu The Justices shall do very well to allow none but in places very fit for their Situation and uses and to moderate the number 38. Quest A Man for his quality otherwise fit to be a Constable Constable or of other Office of that nature procures himself to be the Kings Servant extraordinary and by that means would excuse himself to serve in the Country Resolu A Servant extraordinary may well perform his ordinary service in the County according to his Quality DXXXVIII West Simb 2. part 127. b. Sect. 194. An Indictment against a Rogue a Vagabond and against him which lodgeth and relieveth him Indictment Suprà 505. in Pract. Precedents 82. Midlesex ss JVratores pro Dom. Rege super Sacrament
of the Act which saith he shall be set at liberty if not indicted within half a year after the offence and not half a year after his Imprisonment 3. It seems now to be out of doubt but that any Offender against 1 Eliz. 1. altho by preaching teaching or words may be Indicted at any time within a year and a day after the offence committed and that by 23 Eliz. 1. § 8. N. 1. which saith that all offences against 1 Eliz. 1. and 5 Eliz. 1. and 13 Eliz. 2. touching acknowledgment of Her Majesties Supream Government in Causes Ecclesiastical shall and may be inquirable within a year and a day after the offence committed and the affirming or maintaining the Spiritual or Ecclesiastical Jurisdiction of a Foreigner was without question an offence against Her Majesties Supream Government in Causes Ecclesiastical and against the acknowledgment thereof so that the year limited by 23 Eliz. 1. § 8. N. 1. is now extended to a day further and whatever the meaning of it was as to the half year all offences against it whether by preaching teaching or words or otherwise for 23 Eliz. 1. § 8. N. 1. is general and reaches all offences whatsoever against 1 Eliz. 1. touching the Supremacy Ecclesiastical may now be enquired of within a year and a day whether the party be in prison or not but yet it seemeth that in Case of Imprisonment within the first half year this provision 1 Eliz. 1. § 31. N. 2. for the setting at liberty of the Prisoner at the end thereof if he be not before that time indicted remains still in force and is not abrogated by 23 Eliz. 1. § 8. N. 1. V. The Laws c. 16. Abr. 9. Dignity The provision made in 1 Eliz. 1. § 34. N. 1. and other Acts of Parliament for the Tryal of a Peer by his Peers in case of Treason where he was to be tryed by the Course of the Common Law is ex abundanti and he should have such tryal if no such provision were inserted the like in the case of Felony Stamf. Coron 159. VI. Lambert 2. cap. 7. pag. 227. Justices of Peace cannot deal with Traytors in the point of Treason but as Breakers of the Peace Treason saving that in some Cases they have a special power to inquire and receive Indictments only and of this sort are 1. Treason of extolling Foreign power by 1 Eliz. 1. § 27. N. 1. 2. The Treason of absolving or withdrawing his Majesties Subjects from their Natural Obedience by 23 Eliz. 1. § 2. N. 1. c. And 3. The Treason of putting in ure any Instrument of Reconciliation gotten from the See of Rome by 13 Eliz. 2. § 2. N. 1. VII Lambert 56. There hath been care taken once or twice in our memory to exact this Oath of Supremacy Oath 1 Eliz. 1. § 19. N. 4. of all the Justices of the Peace throughout the Realm whereof some good hath ensued but yet many a Justice there is that by indirect practice never took either this or the Oath of Officers whereof what harms do or may grow I leave to wiser and higher Men to be considered adding this only that it would avail greatly to the furtherance of the service if the Dedimus Potestatem to give these Oaths were dirigible to the Justices and none other to Miniister the same not elsewhere but in their open Session VIII Crompt 10. b. Every Justice of Peace before he takes upon him to exercise or occupy the Office of a Justice of Peace shall take the Oath of Supremacy 1 Eliz. 1. § 19. N. 4. Justices IX Crompt 11. Nota Sessions That the Justices of Peace ought to take this Oath of Supremacy in the open Court of Sessions where he serves by 5 Eliz. 1. § 15. N. 1. and I have seen it done at the Assizes in the County of Stafford and its the best way to be so done for where on 5 Eliz. 1. § 7. N. 1. a Commission is made to take their Oaths when they are made Justices of Peace it may be that the Commissioner will return that he hath taken his Oath when he hath not done so in fact if he that be to be sworn be such a one as is not well affected to the Religion now established X. Crompt 12. Charge in Sessions Religion First to enquire if any within this year and day hath depraved despised or Contemned the Sacrament of the body and blood of our Saviour Jesus Christ in contempt thereof by any contemptuous words or by any words of depraving despising or advisedly hath in any other manner contemned despised or reviled the said Sacrament contrary to the Edicts and Declarations heretofore c. 1 Ed. 6. 1. § N. 1 Eliz. 2. § N. and 23 Eliz. 1. § N. Indictment XI The Laws c. 22. Abr. 17. One indicted on 1 Eliz. 2. § 5. N. 1. for Administring Baptism in other form than is thereby prescribed and is convicted and afterwards is again indicted for the like offence 1 Leon. 295. pl. 403. by the opinion of Clench Justice in B. R. the second Indictment must mention the first Conviction or the Judgment cannot be for the second offence viz. Imprisonment for a year and deprivation But Wray Chief Justice held that if both Indictments were before the same Justices they are to take notice of the firct Conviction altho it be not mentioned in the second Indictment and ought to give Judgment accordingly but if the second Indictment be taken by other Justices then without mention therein of the first Conviction they cannot give Judgment for the second offence Bar. Fem. XII The Laws c. 24. Abr. 18. A Feme Covert is within the meaning of 1 Eliz. 2. § 9. N. 1. any person c. and shall be liable to the penalties thereby inflicted Hob. 97. Moor versus Hussey Dyer 203. pl. Sir Edward Walgrave's Case Religion XIII The Laws c. 24. Abr. 20. The hearing of Mass is a maintaining within 1 Eliz. 2. § 9. N. 2. and the person hearing is indictable thereupon Hob. 97. Dyer 203. and 323. pl. Fermors Case Indictment XIV The Laws c. 25. Abr. 21. The Offender in any of these Cases viz. 1 Eliz. 2. § 10. N. 1. and § 11. N. 1. cannot be punished for the second offence before he be adjudged for the first and that second offence must be committed after the Judgment given for the first nor for the third offence before he be adjudged for the second and that third must be committed after the Judgment for the second for quod non apparet non est non apparet Judicialiter ante Judicium 2 Inst 479. Dyer 323. pl. Bar. Fem. XV. The Laws c. 26. A Feme Covert is within this Statute 1 Eliz. 2. § 14. N. 1. all and every person c. and shall forfeit 12 d. if she repair not to Church every Sunday
of Fact or if Judgment be given against him on nihil dicit for any other Cause any of these are sufficient Convictions whereupon to recover his penalty for Convicted is here 23 Eliz. 1. § 5. N. 1. to be taken for attainted as 't is in many other Cases for until Judgment he shall forfeit nothing and altho he that is Convicted is not therefore attainted yet every one who is attainted or adjudged is Convicted and of such a Conviction is this Statute to be understood infra 233. Good-behavior XXX The Laws c. 63 64. Upon the words Be bound in 23 Eliz. 1. § 5. N. 2. Some have made a question and among them Mr. Shephard in his Sure Guide cap. 6. Sect. 5. by whom or in what Court the Recusant shall be bound to the good behavior by force of this Statute for that the Court is not expresly mentioned and Wingate Crown 44. hath stumbled upon a conceit that after Certificate made in B. R. a Justice of Assize Goal delivery or Peace shall bind the party to the good behavior and misrecites the Statute accordingly but it seemeth the intention of the Law makers was that he should be bound in B. R. and of that opinion is Dalt 192. § 5. cap. 75. tit good behaviour 2. For where any proceedings are appointed to be upon or after a Certificate sent to any Court there by Common intendment the proceedings are to be in that Court to whom the Certificate is sent if no other Court be named and it cannot be presumed by any reasonable construction of 23 Eliz. 1. § 5. N. 2. That the Certificate into B. R. is to any other end than for the Justices there to proceed in such manner as the Act directs to be done after such Certificate as no question they may in this Case as well as upon Certificate of a presentment or of refusal of the Oath of Supremacy against 5 Eliz. 1. § 5. N. 10. Supra 39. and t is a rule in Construction of Statutes that where the intention plainly appears the Law ought to be advanced according to its end tho the words be short and imperfect especially Laws made for Religion as is held Hob. 157. and 11 Co. in Magdalen Colledge Case and 2 Bulstrode 155. 3. Popish Recusants Convicted are not to be reputed sufficient sureties within 23 Eliz. 1. § 5. N. 2. and therefore were refused by the Court of B. R. in the Case of Griffith 2 Bulstrode 155. XXXI The Laws c. 64. An Usher or assistant in teaching is a Master in the School and seemeth to be included within the word School-Master 23 Eliz. 1. § 6. N. 1. and the following words here or teacher explain who is intended viz. Every teacher of youth 23 Eliz. 1. § 7. N. 2. Scholars XXXII The Laws c. 65. 66. Abr. 69. This limitation of time within one year and day 23 Eliz. 1. § 8. N. 1. Extends not to any offence made Treason by 23 Eliz. 1. but only to such offences mentioned in this Act or 1 Eliz. 1. 2. and 5 Eliz. 1. and 13 Eliz. 2. as concern the Kings Supremacy in Causes Ecclesiastical the service of God coming to Church or Establishment of Religion 2. And for those touching Religion 23 Eliz. 1. § 8. N. 1. enlargeth the time limited by 1 Eliz. 2. § 20. N. 1. which saith the party must be Indicted the next Sessions or 1 Eliz. 2. § 22. N. 1. If in a Corporation within fifteen dayes after Easter or Michaelmas for now he may be Indicted at any time within the year and day 3. But for absolving or withdrawing or for being absolved withdrawn or reconciled which are 23 Eliz. 1. § 2. N. 1. made Treason no time is limited for the prosecution but the offender may be Indicted at any time after the year and day for the latter part of 23 Eliz. 1. § 8. N. 2. Speaks of those offences of Treason which the Justices of Peace cannot hear and determine and there no time is limited altho there be in the former part 23 Eliz. 1. § 8. N. 1 for those offences which are inquirable by Justices of Peace 1 Leonard 238. pl. 322. Guilfords Case Justices XXXIII The Laws c. 66. 67. Abr. 70. Upon 23 Eliz. 1. § 9. N. 1. The Justices of the Court of B. R. are the Soveraign Justices of Oyer and Terminer and Goal-delivery 9 Co. 118. Lord Sanchers Case and therefore may enquire of hear and determine the offences against this Act altho they be not here especially named 2. If an Indictment be preferred upon this Statute 23 Eliz. 1. § 9. N. 1. before Justices of Oyer and Terminer or of Assize for any offence not made Treason or misprision and there is an Indictment before Justices of Peace likewise for the same offence the Judgment of the Justices who do first enquire hear and determine the same shall stand and the Judgment given by the other shall be void as was held in the like Case 2 Inst 739. Upon 31 Eliz. 7. § N. of Inmates 3. The power here given 23 Eliz. 1. § 9. N. 2. The Justices of Peace in their open Quarter Sessions to hear and determine the offence of not coming to Church is in force at this day notwithstanding 29 Eliz. 6. § 2. N. 2. which saith that every Conviction for not coming to Church shall be in B. R. or at the Assizes or general Goal-delivery and not elsewhere for 3 Jac. 4. § 7. N. 1. hath given power to Justices of Peace in their general or Quarter Sessions to enquire hear and determine of all offences for not coming to Church according to former Laws in such manner as the Justices of Assize and Goal delivery might do by former Laws in the Case of Recusancy for not repairing to Church which is clearly a reviver of the power of Justices of Peace given to them by 23 Eliz. 1. § 9. N. 2. to proceed against Recusants and taken from them by 29 Eliz. 6. § 2. N. 2. 4. Nor doth that following Clause 3 Jac. 4. § 7. N. 2. Touching Conviction by Proclamation impeach this or restrain the Justices of Peace to proceed to Conviction upon Proclamation only and default of appearance no more than the Justices of Assize or goal-delivery are restrained thereby or by 29 Eliz. 6. § 2. N. 5. which gives them likewise Authority to proceed by Proclamation 5. For these Clauses of 3 Jac. 4. § 7. N. 1. 2. are in the Affirmative viz. first that the Justices of Peace shall have power to hear and determine the offence of not coming to Church according to Laws in such manner as Justices of Assize and Goal-delivery might do and those Justices might hear and determine that offence according to this Statute 23 Eliz. 1. § 9. N. 1. and then comes the next Clause of 3 Jac. 4. § 7. N. 2. that the Justices of Peace shall have power to Convict by Proclamation which is
their Sessions are bound to take notice of this tender and refusal And after they have there made the Party a second tender of the Oath Indictment and he refuseth it by which he incurs a Praemunire the Indictment against him to Convict and Attaint him of Praemunire must contain all the special Matter viz. That he stood Convicted or Indicted of Recusancy or that he had not received the Sacrament twice within the year next before or that passing through the Country and unknown being examined upon Oath he confessed or denied not c. as the Case is and that the Oath was tendred to him by the Bishop or two Justices of Peace Quorum unus c. and he refused it And that it was again tendred to him in open Court and he again refused it For in this Case the Mittimus is the ground upon which he must be proceeded against at the Assizes or Sessions But if the first tender and refusal be not expressed in the Mittimus or Warrant of Commitment there although there was a tender and refusal of the Oath before the Bishop or two Justices yet the Justices of Assize or Justices of Peace in their Sessions can take no notice of it but they must there tender him the Oath without reference to any prior tender which they may do by force of the General words any other person whatsoever 3 Jac. 4. § 14. N. 3. And if he refuse he incurs a Praemunire and in this Case the Indictment may be short and general scil That he was tendred the Oath in open Court and refused it c. And so it must be in all Cases where in truth there was never any prior tender and refusal 12 Co. 131 132. See 7 Jac. 6. § 26. N. 2. Whereby the power of the Justices of Peace is in some particular Cases enlarged in reference to this Oath of Allegiance Infrà Oath LXVII The Laws c. 179. Abr. 186. Vnto which Oath to take the said Person shall subscribe his or her Name or Mark 3 Jac. 4. § 15. N. 6. If a man refuse to take any word of this Oath 't is a refusal of the whole 1 Bulstr. 198. Lord Vauxes Case Proof LXVIII The Laws c. 190. Abr. 199. To the satisfaction of the said Justice of Peace 3 Jac. 4. § 27. N. 2. In this Case the Justice of Peace is sole Judge whether the Excuse the Party makes for his Absence be sufficient and sufficiently proved and the same cannot be brought into question elsewhere by the Party Justices LXIX The Laws c. 196. 197. Abr. 211. Where any Bishop or Justices of the Peace 3 Jac. 4. § 41. N. 1. The Justices of Peace have a twofold power given them by this Act in reference to the Oath of Allegiance 1. Out of Sessions and so any two Justices of Peace Quorum unus c. may tender the Oath to any Person by 3 Jac. 4. § 13. N. 2. Eighteen years old or above other than Noble men or Noble women 2. In their General or Quarter-Sessions and there they may by 3 Jac. 4. § 14. N. 2. 3. They may tender the Oath to any such Person who hath before refused it or to any Person whatsoever of or above that Age other than Noble men or Noble women Now whether the six Privy Counsellors here mentioned 3 Jac. 4. § 41. N. 1. may require the Oath of Noble men and Noble women in all Cases where the Justices of Peace may require the same of any Subject either in or out of Sessions Or only in such Cases where they may require it out of Sessions seems to be a Question For if the Power here given 3 Jac. 4. § 41. N. 1. to the six Privy Counsellors be the same with that of the Justices of Peace in their Sessions they may by force of this Act tender it to any Noble man or unmarried Noble woman whatsoever above Eighteen years old for the Justices of Peace in their Sessions by 3 Jac. 4. § 14. N. 2. may tender it there to any other Person whatsoever But if it be meant of the Power given the Justices of Peace out of Sessions 3 Jac. 4. § 13. N. 1. then the six Privy Counsellors can tender it by force of this Act 3 Jac. 4. § 41. N. 1. to such Noble men or unmarried Noble women only who stand Convicted or Indicted of Recusancy for not coming to Church or who have not received the Sacrament twice within the year next before or who passing through the Country unknown shall upon Examination confess or not deny their Recusancy or that they have not so received the Sacrament For the Solving of which Doubt it is to be considered 1. That the Bishop and not the Justices of Assize are here joyned with the Justices of Peace And these words 3 Jac. 4. § 41. N. 1. where any Bishop or Justices of Peace seem to bear this Construction viz. Either the one or the other indifferently may require the Oath and that can be intended only of the Power given out of Sessions for in Sessions the Bishop hath nothing to do But had the Justices of Assize been here added scil in all Cases where the Bishop Justices of Assize or Justices of Peace may require this Oath it had been clear that the Power here 3 Jac. 4. § 41. N. 1. given the six Privy Counsellors was as Extensive as that which 3 Jac. 4. § 14. N. 3. is given the Justices of Assize or Justices of Peace in their Sessions and they might have required the Oath of any Noble man or unmarried Noble woman whatsoever of competent Age. So if the Justices of Peace only had been here named it had been clearly intended of the Justices of Peace in either Capacity either in or out of Sessions But Bishop 3 Jac. 4. § 41. N. 1. seems here to be a Restrictive word and to give the Privy Counsellors no more power in respect of the Nobility than the Bishop had in reference to any other Subjects 2. These words In all Causes where c. 3 Jac. 4. § 41. N. 1. seem to be Restrictive likewise and Exclusive of some Causes but the power of Justices of Peace in Sessions 3 Jac. 4. § 14. N. 3. extends to all Causes and Persons under the degree of Nobility whatsoever which therefore cannot be here intended 3 Jac. 4. § 41. N. 1. but only some particular Causes Ejusdem generis which can be no other than the Causes before mentioned 3 Jac. 4. § 13. N. 1. wherein the Bishop or two Justices out of Sessions may deal scil where the Party was before Convicted or Indicted or had not received the Sacrament or passed unknown and confessed c. And yet as 't is reported 1 Bulstr. 197. the Lord Vaux's Case Pasch 10 Car. 1. is to the contrary For 't is said there he was Committed to the Fleet by the Privy Council for refusing the Oath of Allegiance
Wife And that it was not intended that they should seize burn or deface any Books of the Husbands though Popish unless such whereby the Wife might be aided or confirmed in her Superstition So that in this Case Books written in a language or stile unintelligible to the Wife are not within the meaning of 3 Jac. 5. § 26. N. 2. nor ought by colour thereof to be taken from the Husband who is no Popish Recusant LXXX The Laws c. 238. Abr. 255. Ware In the same County where such Popish recusant shall be resident 3 Jac. 5. § 27. N. 1. A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant such Arms cannot be seized by force of this Act by the Justices of Peace of either County Not by the Justices of Peace of the County where the Arms are kept for the seizure or taking is here limited to be by Warrant at the Sessions in the County where the Recusant resides and 3 Jac. 5. § 27. N. 1. must be strictly pursued in that particular Nor by the Justices of Peace of the County where the resident is Recusant for the Arms are in another County where they have nothing to do And also in some Cases where a Statute appoints a Justice of Peace to do a thing he may do it out of his County Justices as to take an Examination upon the Statute of Winton 13. Ed. 1. Stat. 2 cap. 1. N. of a Robery 27 Eliz. 13. § 11. N. 2. as was resolved 1 Cr. 213. Jones 239. Helier vers H. of Benburst yet he cannot Exercise any coercive Power out of his County as was resolved in that Case for his Potestas Jurisdictionis is confined to his Couâ—ty as well as that of a Bishop is confined to his Dioces See Palmer 473. Ascuiths Case Infra 266. N. 2. And here the taking Recusants Armor is a coercive Act and therefore by 3 Jac. 5. § 27. N. 1. can be Executed by warrant of the five Justices of Peace in that County only where they are Justices so that this is clearly Casus omissus and not provided for by this Act. LXXXI The Laws c. 238. Abr. 256. Imprisonment Imprisoned by warrant of or from any Justices of Peace 3 Jac. 5. § 28. N. 1. Any two Justices may grant their Warrant for imprisoning the Offender and 't is sufficient in this Case for Pluralis numerus ect duobus contentus but a Warrant from any one Justice will not serve contrary to Wingate Crown 145. LXXXII The Laws c. 238. 239. Abr. 257. Of such County Lieu. 3 Jac. 5. § 28. N. 1. That is of the County where the Popish Recusant is resident for no other County was named before A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant the Justices of Peace of that other County cannot by force of this Act 3 Jac. 5. § 28. N. 1. imprison him that keeps them for they are not named here but the Power in this Case is expresly limited to other Justices and no other can intermeddle therein Neither will the Warrant of the Justices of Peace of the County where the Recusant is resident reach him who is in another County for the coercive Authority of a Justice of Peace cannot exceed his limits or bounds as Com. 37. is held in the Sheriffs of Londons Case And therefore in the Case of the Lord Say it was resolved That if a Justice of Peace of the County where the Felony was committed pursue a Felon into another County and take him there the Felon must be imprisoned in the County where he is taken and the Justice of Peace who pursued him hath no Power to carry him to the Goal of the County where he did the Felony for he is a Prisoner in the County where he was taken and there the Justice of Peace hath no more Power to do then an ordinary person 13 Ed. 4. 8. Fresh Suit Br. 3. So that as it seems in this Case the Party who keeps such Arms cannot be imprisoned by 3 Jac. 5. § 28. N. 1. but this likewise is Casus omissus and not here provided for Oath 7 Jac. 6. of Allegiance LXXXIII The Laws c 243. upon 7 Jac. 6. § 8. N. 1. The King cannot dispence with any Member of the Commons House of Parliament from taking this Oath of Allegiance for that he is here declared to be Persona inhabilis untill he take it Vaughan 355. Thomas and Sorrel Supra and 3 Inst 154. Justices LXXXIV The Laws c. 246. For any two Justices of Peace within any County City or Town Corporate c. 7 Jac. 6. § 26. N. 2. the two Justices may require this Oath of any person that shall happen to be within their Jurisdiction although his habitation be in another County or Liberty for the Oath of Allegiance Sequitur personam non locum 2 Bulstr 155. The King against Griffith c. Oath LXXXV The Laws c. 246. Abr. 260. To require any person or persons 7 Jac. 6. § 26. N. 2. This is an Enlargement of the Power given to two Justices of Peace by 3 Jac. 4. § 13. N. 4. for thereby they could have required the Oath but only in some particular Cases Supra But by 7 Jac. 6. § 26. N. 2. They may require it of any person whatsoever of competent Age and under the degree of a Baron or Baroness The Justices of the Peace in this Case 7 Jac. 6. § 26. N. 2. or the Justice of Peace in the following Case 7 Jac. 6. § 26. N. 4. may make his or their special Warrant to the Constable to bring the party before the said Justice or Justices to take the Oath for 7 Jac. 6. § 26 N. 2. by giving them Power to require the Oath doth implicitly authorize them to make such a Warrant Quando lex aliquid alicui concedit concedere videtur id sine quo res ipsa esse non potest and it is against the Office of the Justices of Peace and the Authority hereby given them to go and seek the Party 12 Co. 130. But the Constable cannot by vertue of such Warrant break the House where the Party is for he is no Offender before he refuse the Oath or commit some contempt to the King Endictment LXXXVI The Laws c. 247. Abr. 263. Shall stand and be Presented Indicted or Convicted 7 Jac. 6. § 26. N. 4. These words being in the Disjunctive it is not necessary that the party be convicted but if he stand Presented or Indicted for not coming to Church or not receiving the Sacrament and be under the degree of a Baron the Justice of Peace ought to tender him this Oath Intendment LXXXVII The Lands c. 247. 248. Abr 264. And the said Iustice shall find cause of Suspition 7 Iac. 6.
§ 26. N. 4. And not if the party be suspected as Wingate Crown 150. mistakes for the bare suspition of the Justice of Peace or any other person is no sufficient ground to require the Oath or commit the party for refusal but there must be some good Cause for that Suspition and the same must be alledged in the Justice of Peace his Plea or Justification if he be sued for committing him to Prison for such refusal So if a Man be Arrested on Suspition of Felony and brings his Action for false Imprisonment the Defendant ought to shew some Matter in Fact to induce his Suspition For in these and the like Cases a bare Suspition is no Justification sufficient it being a Matter secret and not traversadle but the Cause of Suspition is traversable 3 Bulstr 284. Weale vers Wells 7 Ed. 4. 20. 17 Ed. 4. 5. 5 H. 7. 4. And whether the Supposition be just and lawful shall be tryed and determined by the Justices 2 Inst 52. 11. Ed. 4. 4. LXXXVIII The Laws c. 284. Abr. 265. Justices That then any one Justicie of Peace 7 Jac. 6. § 26. N. 4. What was said by Coke Chief Justice in Griffiths Case 2 Bulstr 155. that any one Justice of Peace may minister this Oath is to be understood of some Cases only 12 Co. 130. which are no others than those here mentioned as he explains his meaning 12 Co. 132. That one Justice of Peace cannot Commit any for refusal of this Oath unless they be Prosecuted Indicted or Convict c. according to 7 Jac. 6. § 26. N. 4. Supra LXXXIX The Laws c. 248. 249. 250. Abr. 266. Lieu. Within whose Commission or Power such Person or Persons shall at any time hereafter be 7 Jac. 6. 26. N. 4. A Person complained of and against whom cause of Suspition is found by the Justices of Peace flyeth into another County Quaere whether a Justice of Peace of that other County can require the Oath of him and Commit him upon refusal for he seems to be impowered thereunto by the express words of the Statute for that the Party is faln within his Commission or Power c. But yet I conceive that 7 Jac. 6. § 26. N. 4. by these words Any one Justice of Peace within whose Commission or Power c. is designed or intended no other Justice than a Justice of that County where the Party was complained of and suspected And that if he fly into another County no Proceedings can be there upon the complaint and suspition in the County whence he came nor any one Justice tender him the Oath or Commit him for refusal without a new complaint and cause of Suspition in the County whither he flieth For where the Party cannot be Indicted of a Praemunire for refusing the Oath upon the second tender at the Assizes or Sessions by 7 Jac. 6. § 26. N. 6. there the Justice or Justices of Peace out of Sessions cannot tender the Oath or Commit for refusal for a Commitment is in order to a second tender and an Indictment of Praemunire thereupon But in this Case the Party cannot be Indicted of a Praemunire in the County where he flyeth for refusing it upon the second tender For the Offence for which the Party must be Indicted is a complicated Offence consisting of several Particulars 1. In giving just cause of Suspition without which the Party complained of according to this Act 7 Jac. 6. § 26. N. 4. cannot be tendred the Oath by one Justice of Peace Then 2. in refusing the Oath before the Justice of Peace who tendred it And lastly 3. in refusing it upon the second tender at the Assizes or Sessions all which must be comprised in the Indictment So that the cause of Suspition is pars Criminis and that arising in the County where the Party dwelt and was complained of cannot be punished in another Counry unless the Statute 7 Jac. 6. § 26. N. 4. had expresly made it Examinable there Supra 2. True it is that some Statutes do enable Justices of Peace to punish an Offence done in another County but that is where they enable them likewise to examine the truth of the Fact and take Proofs and Evidences thereof So 1 Jac. 27. § 5. N. 2. 7 Iac. 11. § 8. N. 3. Supra impower the Justices of Peace where the Party is apprehended to examine and punish the Offence But in our Case the cause of Suspition arising in one County is not made examinable and consequently not punishable in another County and if not punishable there no Justice of Peace of that other County can proceed upon that cause of Suspition notwithstanding the Party happen to be within his Commission or Power 3. But yet the Party so flying into another County may without any new Complaint or Cause of Suspition be tendred the Oath and proceeded against there by two Justices of Peace Quorum unus c. by virtue of the foregoing words of this Clause 7 Jac. 6. § 26. N. 2. although he dwell in another County and that for the Reason before given viz. because this Oath Sequitur personam non locum 4. But Wingate Crown 150. saves the labour of this Question for he erroniously restrains the Power of tendring the Oath in this Case to the Justice of Peace to whom the Complaint is made as if no other Justice of Peace of that County could proceed therein which is contrary to the express words as well as the meaning of 7 Jac. 6. § 26. N. 4. 5. Note that Dalt 107. cap. 45. saith It seems requisite that the Justice or Justices of Peace do make like Certificate as 3 Iac. 4. § 13. N. 5. at the next Assizes or Quarter-Sessions of such Persons as have taken this Oath betore them by force of 7 Iac. 6. § 26. N. 4. But upon what ground Mr. Dalton thought this requisite to be certified at the Assizes I know not seeing there is no such Certificate to be made by 3 Iac. 4. § 13. N. 5. but only to the General or Quarter-Sessions of the Peace 6. And as for the Sessions I conceive neither the Justices of Peace if they proceed on 7 Iac. 6. § 26. N. 4. and not upon 3 Iac. 4. § 13. N. 5. are bound to make such Certificate nor the Clerk of the Peace or Town-Clerk to record it for it is not here required to be done 7. But yet in such Cases where the same Persons are impowered by both these Statutes to require and minister this Oath as where the Party is Convicted or Indicted of Recusancy in which Case two Justices of the Peace Quorum unus c. may require the Oath by the special words in 3 Iac. 4. § 13. N. 2. or of the general words in this Clause of 7 Iac. 6. § 26. N. 2. And it doth not appear upon which of these Statutes they proceed as it may some times so happen there if
full Term next after the Forty days on pain of C l. by every Justice of Peace before whom it s taken and that doth not make such Certificate 5 Eliz. 1. CXXIX Crumpt 169. Accessory Enquiry at Sessions if he that hath received any Agnus Dei Pictures Beads Crosses or such like superstitious and vain things mentioned in 13 Eliz. 2. § 7. N. 2. to be used or worn in any manner within any of the Kings Dominions contrary to the said Statute and doth not deliver it to a Justice of Peace of the same County within a day after the receit thereof And also if he doth not apprehend him who so offered it if he be of power to do so Or if he be not of such Power if he doth not disclose his name and place of his habitation or of abode which he hath endeavoured to know to the Ordinary of the same Dioces or to a Justice of Peace of the same County within three days after such offer he shall incur the pain of 16 R. 2. 5. § 2. N. 6. of Praemunire Dalt 105. cap. 45. CXXX Crompt 193 b. Church It must be enquired within the year and day of such who being above Sixteen years old absent themselves from Church for a month or for a year contrary to 23 Eliz. 1. § 8. N. 1. CXXXI Lambert 582. Oath The Abjuration of a seditious Sectary being made in the open Quarter-Sessions of the Peace ought to be certified from thence to the Justices of Assize at the next Assizes 35 Eliz. 1. § 2. N. 3. Submission CXXXII Dalt 104. cap. 45. Any one Justice of Peace may require the submission and declaration of Conformity to his Majesties Laws of Recusants and Sectaries within three Months after their Conviction c. and in default of such Submission may require them to abjure the Realm which Abjuration notwithstanding shall be in open Sessions 35 Eliz. 1. § 2. N. 1. Lambert 333 334. Supra Religion CXXXIII Dalt 105. cap. 45. Also this repairing to Church 1 Eliz. 2. § 14. N. 1. 23 Eliz. 1. § 5. N. 1. 3 Jac. 4. § 27. N. 1. every Sunday must be as well to Evening Prayer as to Morning Prayers for it ought to be an intire Day and an intire Service and so Sir Richard Hutton one of the Justices of C. B. did deliver it in his Charge at Cambridge Lent-Assizes 1 Car. 1. and therewith agreed Sir Robert Bartlet at Summer Assizes 9 Car. 1. Dalt Edit 1666. pag. 134. cap. 52. Licence CXXXIV Dalt 379. cap. 124. A Licence for a Recusant to travel c. Supra not sufficient Whereas R. C. of L. in the County of C. being a Recusant Convicted hath confined himself to L. aforesaid being the usual place of his abode according to the Statute made in the Five and thirtieth year of the Reign of our late Soveraign Lady Queen Elizabeth 35 Eliz. 2. § 12. N. 1. Know ye that we c. five of the Kings Majesties Justices of the Peace within the said County do by the Consent of the Right Reverend Father in God Nicholas by Gods Providence Lord Bishop of Ely at the request of the said R.C. for the dispatch of his urgent and necessary business grant and give licence to the said R. C. to travel out of the Precincts or Compass of Five miles limited by the said Statute at all times until the first day of November next coming Rome and at the said first day of November to return again to L. aforesaid In Witness c. 3 Jac. 5. § 6. N. 4. CXXXV Lambert Precedents 1 pl. 2. An Indictment for extolling the Authority of the Pope Juratores super Sacrament ' suum present ' pro Dom. Rege quod J.S. de C. in Com. predict ' Clericus xx die mensis Aprilis An. Regni Serenissimi Dom. nostri Jacobi Dei Gratia Angliae Franciae Hiberniae Regis Fidei Defensoris c. apud D. in Comitatu predict ' scienter consideratè malitiose directè palam in presentia multorum dicti Domini Regis nostri nunc subditorum affirmavit defendit Autoritatem Papae Romani Ecclesiasticam in hoc Regno Angliae preantea usurpatam Hiis expressis verbis Anglicanis seqentibus viz. I swear by the blessed Mass and will avow that our holy Father the Pope of Rome is the Supream Head of the Church of England In magnam derogationem Regiae Autoritatis Prerogative dicti Domini Regis nostri ac contra Coronam Dignitatem suam nec non contra formam diversorum Statutorum in hujusmodi casu editorum provisorum Quod A. B. de D. predict ' in Comitatu predict ' Wax-chandler sciens predict ' J.S. dicta verba locutum esse ac dicti Papae Autoritatem modo forma ut prefertur defendisse ipsum J. S. apud D. predict ' postea scil secundo die dicti Mensis Aprilis An. supradicto consolatus est comfortavit ex industria ex proposito ad eam intentionem ut idem A. B. promoveret efferret prefatam dicti Papae Autoritatem usurpatam in pernitiocissimum aliorum exemplum ac contra Coronam Dignitatem dicti Domini Regis nostri nunc ac etiam contra formam diversorum Statutorum in ejusmodi casu provisorum editorum West Symbol 2 part 131 b. Sect. 210. Rome CXXXVI Lambert Precedents 1 b. pl. 3. A Presentment for absolving from the Kings Obedience Inquiratur pro Domino Rege si A. B. de C. in dicto Comitatu Clericus sexto die Mensis Maij Anno Regni Domini nostri Jacobi Dei Gratia Angliae Franciae Hiberniae Regis Fidei Defensoris c. apud C. predict ' in Comitat ' praedict ' voluntariè proditoriè conatus est procuravit absolvere persuadere seducere quandam Johannam W. de C. predict ' in Comitatu predict ' viduam à naturali obedientia subjectione sua Quam eadem Johanna erga dictum Dominum nostrum Regem gerere debet ad obediendum pretensae Autoritati Sedis Romanae tunc ibidem proditoriè prae se ferens asserens se habere potestatem fa cultatem id faciendi tunc ibidem proditoriè dicens eidem Johanni in his Anglicanis verbis sequentibus Mother Jone you shall have a black Soul I tell you if you do not the sooner forsake the King Innuendo predict ' Dominum nostrum Regem nunc and his Heirs and yield your self to the obedience of our Mother Church the holy See of Rome ac contra Pacem dicti Domini nostri Regis Coronam Regalem Dignitatem suam ac contrà formam Statuti in Parliament ' Dominae Elizab. nuper Reginae Angl. tento apud Westm in Com. Middlesex Anno Regni sui vicessimo tertio in hujusmodi casu provisi ac editi West Symbol 2 part 132. Sect. 211. CXXXVII Lambert Precedents 2. pl. 4.
part of their Office to repress Felons XXIV Lambert 541 542. Justices It seemeth by Mr. Marrow and Fitzh 16. that albeit two Justices of the Peace the one being of the Quorum may hear and try the Felonies yet no Justices of the Peace have Authority to deliver Felons by Proclamation or without sufficient Acquittal nor yet to deliver such as be in Prison for suspition of Felony 2 For they must proceed by enquiring hearing and determining as their Commission § 13. appointeth them and not rid the Goal otherwise as the Justices of Goal delivery may do 3. And therefore such Persons if they cannot be Indicted must either remain the coming of the Justices of Goal-delivery as the common manner now is or else being removed in B. R. they are either to be delivered thence upon the Writ F. N. B. De gestu fama as old order was or by such other mean as they at this day do use therein XXV Lambert 543. Furthermore Oath they cannot Arraign a Man upon his Abjuration saith Mr. Marrow 2. It hath also been thought unmeet that they should try a Felon the same day in which they Awarded the Venire Fac. against the Jury Trial. on 22 Ed. 4. Coron 44. but that hath no necessity and the Law is now otherwise taken See tit Justices 289. Crompt 150 b. 152 a. 3. Marrow saith that Justices of Peace cannot Award the Writ of Venire Fac. tot matronas to try whether a Woman Arraigned before them be with Child or not But seeing it standeth with Law and Reason to stay her for the time that the Child may be preserved I cannot but doubt of this Opinion XXVI Lambert 534. 535. Pleading If Process be Awarded in B. R. or before Justices of the Peace the Party may come in and offer his Traverse and otherwise the Process should be in vain 2. Hereunto agreeth Moubray 41 Ed. 3. 26. Traverse de c. Br. 2. Saying further that in a Leet such a Presentment is not traversable because out of a Leet no Process can be Awarded upon it And this peradventure is the Reason of 8 Ed. 4. 5. and of Mr. Marrow where they say That a Presentment of Bloodshed found in the Sheriffs Tourn and sent as it ought to be to the Justices of Peace cannot be Traversed before them as whereupon they can neither make Process nor discharge the Party by way of Plea Lambert 496. 3. So that this seemeth a general Learning That wherever any Process ad Respondendum goeth out upon such an Endictment as is traversable there also the Party may offer and ought to have his Traverse against it Officer XXVII Crompt 147. A Justice of Peace may make whom he will Officer by Brudnel which was granted 14. H. 8. 18. Dalt 332. cap 117. 2. But the Warrant must bear date of the place where it is made 14. H. 8. 15. 3. It appears by the Oath of a Justice of Peace that he ought to direct his Precept to the Baily of the County or other the Kings Officers or to other Indifferent Persons to do Execution thereof Fitzh J. P. 19. Commission 4. Crompt 147 b. If a Justice of Peace commands an Officer known by Precept to do a thing out of the Jurisdiction of the Justice of Peace and he doth it the Officer shall be punisht c. 22. Ass 64. Officer Br. 20. and so see that the Officer must take notice of the Authority of the Judge Dalt 334. cap. 117. Notice 5. Nota That the Officer who Arrests a Man must see at his Peril whither it be the same Person or not that should be Arrested c. 21. Ed. 4. 54. Replevin Br. 58. 13. H. 4. 2. Crompt 148 b. Dalt 333. Cap. 117. infra 6. If the Justices Award Process to take another without Cause and the Sheriff takes him yet he shall not be punisht for he cannot argue their Authority As if the Justices De Banco in a Praecipe quod reddat Award a Capias to take the Defendant and the Sheriff takes him and after the Justices Amend the Process yet the Sheriff shall be discharged 20 H. 6. 15. Monstrance XXVIII Crompt 147 b. 148. A Justice of Peace makes a Precept to bring A.B. before him to answer to such things as he hath to object against him on the Kings behalf it seemeth good without shewing the special matter for it may be he hath matter of Treason Conspiracy Murder or c. to object to him This is used by the Justices as the chief Clerk of Wray Chief Justice told me Dalt 329. cap. 117. 2. See Libr. Intr. 83. An Attachment to appear before Justices of Assize to Answer super hijs quae sibi ex parte nostra tunc ibidem objicientur Dalt 329. cap. 117. Place 3. But if a man be to find Surety of the Peace or Good-behaviour he must shew the Matter in the Precept but not if it toucheth Felony or Capital Offences or Conspiracy or unlawful Assemblies c. Dalt 329. cap. 117. 4. Stamf. 155. A Corpus cum causa out of B. R. to the Sheriff of York against one who was in Prison in the Castle there and he did not shew the Cause in the Writ for it may be that the Justices sent for him for matter of Treason or great Conspiracy and therefore by Catline Chief Justice they need not shew Cause no more shall a Justice of Peace do as it seemeth in Case where he sends for him that hath commited Felony where he is to be examined thereon for then he would not be taken and so it is used every where 5. A Bailiff or other Arrests a Man by Warrant of the Peace and takes his Promise that he will come to him such a day to go to a Justice to find Surety of the Peace and he comes not the Bailiff cannot take him again by the said Warrant c. But if he escapes Br. 12. 45. against his will he may retake him by Fresh Suit c. Dalt 333. cap. 117. Riot XXIX Crompt 148 b. A Justice of Peace may command his Servants to go to such a Place and if Rioters come there to Arrest them without making any Precept to them by Fineux Chief Justice and Tremail 14 H. 7. 8. Lambert 89. supra Dalt 328. cap. 117. 2. If a Justice of Peace makes a Warrant to a known Bayliff to Arrest another for Felony where he is not before Indicted Arrest the Bayliff shall not be punisht for the Arrest for a Justice of Peace is an Officer of Record and the Bayliff cannot argue his Authority And yet this Warrant is out of the Authority of the Justice of Peace himself For the Justice himself cannot Arrest another for Suspition of Felony if he himself doth not suspect him 14 H. 8. 18. 20 Ed. 4. 6. Faux Imprisonment Br. 8. 33. Barr 289. Trespass 179. Lambert 188 189. supra 3. A Commission issued
appear gratis to avoid an Attachment of his Body 3 Ed. 4. 16. Jours Br. 2. 16 And this is the Reason it s Entred ipse non venat Dalt 404 405. cap. 132. 3. Jacobus c. Vicecom ' c. salutem Pluries Precipimus tibi sicut pluries tibi Precipimus quod non omittas c. Ad quem diem A. B. Armiger Vicecom ' Comitat ' predict ' Retorn ' quod predict ' C. D. Non est inventus in c. ipse non venit ideo Precept ' est quod Exigi facias c. Dalt 406. cap. 132. Exigint 4. Jacobus c. Vicecom ' c. salutem Precipimus quod Exigi facias C. D. A. in Com. tuo Yeoman quodque secundum legem consuetudinem Regni nostri Angliae Utlagatur si non comparuerit si comparuerit tunc eum Capias Salvo Custodiri facias Ita quod Habeas Corpus ejus Coram Justiciariis Pacis nostrae nec non Justiciarijs nostris ad diversas Felon ' Transgr ' alia Malefacta in eodem Comitatu tuo perpetrat ' audiend ' terminand ' Assignat ' ad Generalem Sessionem Pacis Comitatus tui proximè post Festum Sancti Mich ' Archangeli proximum futur ' tenend ' ubicunque in eodem Comitatu teneri contigerit ad respondendum Nobis de diversis Transgr ' Contempt ' Offensis de quibus ipse Indictus existit habeas ibi tunc hoc breve Teste c. H. apud Staff 8. die Sept. Anno Regni c. Dalt 406. cap. 132. Ad quem diem A. B. Armiger Vicecomes Com. predicti Retorn ' quod ad Com. Staff tentum apud Stafford quinto die Maij Anno Regni Domini Regis nunc secundo hic ad quatuor alios Com. tunc proximè sequent ' Ibidem tent ' predict ' C. D. exactus â—uit non comparuit ideo Utlagatus fuit XXXV Crompt 233 And he must shew the days when the Counties were as it seemeth Process Br. 149. Dayes 2. Note Where the Process Issueth upon an Endictment of Felony then the first Process shall be a Capias and then a Capias alias and then an Exigent and the Entry of the Process shall be ut supra mutatis mutandis 3. Nota That an Entry must be made in the Roll with the Clerk of the Peace which shall be a Warrant of every Process that shall be Awarded as it seemeth And 2 R. 3. 12. it appears that the Writ must be Warranted by the Roll See Dyer 211. 4. And a Man that hath day to appear by the Roll or is to have corporal Penance or is to loose an Inheritance if he doth not come there he shall be received to appear notwithstanding the Writ be not retorned served which see Kell 166 b. pl. 10. H. 7. 11 b. Jours 29. Br. 93. XXXVI Dalt 329. Cap. 117. Recites Crompt 148 Supra Monstr And I once received a Warrant brought me by one Thomas Evans a Pursevant or Messenger of his Majesties Chamber Anno 1607. under the hand of the Right Honourable Thomas Lord Ellesmore Late Lord Chancellor of England for the apprehending of one James Malin for a matter of Contempt and the said Warrant was in general words scil to Answer to such Matters as were to be objected against him without any special Cause therein mentioned infra 2. Also I saw another Warrant 3 Jac. granted under the hand of Popham Chief Justice to bring one Edmonds of Barnwel by Cambridge before him to answer to such Matters as he had to object against him on the Kings Majesties behalf without any special Cause or Matter therein set down Libr. Intr. 83. 3. But it is not safe for a Justice of Peace to grant out his Warrant with a blank for about 30 Eliz. one wrote to Sir J. R. a Justice of Peace to send him a Precept or Warrant with a blank that he mâ—ght put therein one whom he would Attach upon Suspition of Felony and the Justice of Peace did so granting a Warrant with a blank where he neither knew the Parties Name nor the Matter and for this the Justice was fined in the Star-Chamber as Crompt Jurisd 34. Laches XXXVII Dalt 330. cap. 117. Also the Justices of Peace in divers Cases do use to grant their Warrant against a Man for his neglect or other default as for refusing to pay down rates and the like and such Warrant may be either to attach the Offender to be at the next Sessions there to answer c. or else to bring the Offender before the said Justice or any other Justice c. who finding Cause may bind such an Offender to appear at the next Sessions to answer the said default Lambert 187. Supra 2. And wheresoever any Statute doth give Authority to the Justices of Peace to cause another Person to do a thing there it seemeth they have Power given them of congruity to grant their Warrant to bring such Person before them that so they may take Order therein Lambert 512 supra Suggestion XXXVIII Dalt 330. 331. cap. 117 But I find it much controverted 14. H. 8. 16. Peace Br. 6. Commission Br. 3. Crompt 147 b. Lambert 188. 189. supra Whether a Justice of Peace may grant a Warrant to Attach Persons suspected of Felony or against Offenders upon a Penal Statute unless such Persons or Offenders be first thereof Indicted for that the Justice of Peace as he is a Judge of Record so it is said he must have a Record whereupon he doth Award his Process or Precept 2. For the first Some hold that the Justice of Peace may grant his Warrant to Attach Persons suspect of Felony for that it seemeth in the first assignavimus in the Commission § 13. and by 5 Ed. 3. 14. § N. that any one Justice of Peace may cause the Constables to Arrest and imprison Offenders suspect of Felony c. and how shall the Justice of Peace cause this to be done but by his Warrant or Commandment 3. Again If a Felony be done there is no doubt but that every Private Man without a Warrant may Arrest whomsoever he suspecteth of it being a Man of Evil Fame c. but if the Offender being pursued shall resist Quaere who shall be aiding to a Private Man whose Goods are stoln and who suspecteth another to have stoln them either to search for his Goods or to apprehend the Party suspected if the Justice of Peace by his Warrant shall not command the Constable to aid him therein If it be objected that the Constable may do all this of his own Authority upon request to him made by the Party Robbed be it true yet we find by common Experience that the Constables without the Justices Warrant therein are for the most part both very fearful and also remiss herein as neither knowing their own Authority nor the Danger 4. Besides this is no new thing for
give Evidence against the Felon at the next general Goal-delivery to be holden within the County City or Town Corporate where the Trial of the said Felony shall be 6. And if such Informer be unable to Travel c. then the Justice of Peace may take his Information upon Oath and may Certifie the same c. and may forbear to bind such Informer to appear personally before the Justices at the Goal-delivery 7. It the Justice of Peace shall not Certifie such Examinations and Informations to the next general Goal-delivery or if the Justices of Peace shall not Certifie their Bailment or shall not bind over the Informers to â—ppear and to give Evidence against the Felon at the next general Goal-delivery c. the said Justice of Peace shall be fined for every such default or Offence at the discretion of the Justices of Goal-delivery 1 2 Ph. Mar. 13. § N. and 2 3 Ph. Mar. 10. 8. But yet if it be for Petty Larceny or other small Felonies the Justâ—ce of Peace may bind over the Informers and may Certifie the Examinations and Informations to the next Quarter-Sessions of the Peace and this was the Advice and Direction of Sir David Williams Knight late one of the Justices of the Kings Bench at the Assizes at Cambridge For said he It was not meet to keep poor Prisoners in the Goal for small Matters or Felonies from one Assizes to another and therefore he gave order that the Justices of Peace at their General-Sessions of the Peace should try and deliver Offenders for small Felonies Dalt 295. cap. 111. VIII Dalt 52. cap. 20. Coron But in the former Cases of Felony by the Kings Servant on 3 H. 7. 24. § N. and Manslaughter within the Verge c. on 33 H. 8. 12. and of razing of Records by 8 H. 6. 12. c. and of Forgery on 5 Eliz. 14. and of Imbezelling Armor on 33 H. 6. 1. § N. If any such Offender shall be brought before any Justice of Peace and charged with any such Felony Quaere how far the Justice of Peace is to deal or what he is to do therein considering the Justices of Peace are no Judges of such Felonies neither have they any Jurisdiction given them by the Statutes in such Cases And yet 2. Certificate It may seem both serviceable and safe for the Justice of Peace to Examine the Offence and then to Certifie his Examination to such Persons as by the Statutes are made Judges of the cause But 3. It seemeth in the four last Cases the Justice of Peace may not commit such an Offender to Prison nor bind over the Informers nor take the Information upon Oath IX Dalt 53. cap. 20. Trial. By the letter of 2 3 Ed. 6. 24. § N. the Jurisdiction over the last recited Felonies of stealing goods or Strokes in another County c. and over such Accessories is not committed to the Justices of Peace to Proceed to the Trial of them but this Authority is remitted to the Justices of Goal-delivery or of Oyer and Terminer yet the Justices of Peace may Examine these Offences and take Information against the Offenders and Certifie the same to the next General Goal-delivery and may bind over the Informers and commit the Offenders Also the Justices of Peace may enquire thereof and take Indictments against them as in other cases of Felony X. Dalt 54 cap. 20. Pope And if any such Offender against c. 5 Eliz. 1. or 13 Eliz. 2. or 23 Eliz. 1. of Bulls Absolution or Popery c. shall be brought before any Justice of Peace and charged with any such Offence it shall be the Justices part to take the Examination of such Offences and to bind over the Accusers and material Informers to appear and to prefer a Bill of Indictment and thereupon to give in Evidence to the Inquirors against such Offenders at the next Quarter-Sessions as it seemeth or at the next Assizes or general Goal-delivery or else in the Kings Bench whensoever upon reasonable warning they shall be thither called and then to commit the Offender to the Goal and after to Certifie the said Examinations Informations and Recognizances by him taken to the said Sessions or Goal-delivery or in B. R. c. XI Dalt 296. 297. â—ar Fâ—â—â— The Justices of Peace have Authority by 1 2 Ph. Mar. 13. § N. to bind by Recognizance all such as do declare any thing material to prove the Felony to give Evidence against the Offender and yet the Wife is not to be bound to give Evidence nor to be Examined against her Husband for by the Laws of God and of this Land she ought not to discover his Counsel or his Offence in case of Theft or other Felony as it seemeth See Stanf. 26 b. 2. Nay I have known the Judge of Assize greatly to disallow that the Wife should be Examined or bound to give in any Evidence against others in case of Theft wherein her Husband was a Party and yet her Evidence was pregnant and material to have proved the Felony against others that were Parties to the same Felony and not directly against the Husband 1 Inst 6 b. Testimony 3. But for Children I find in the Book of the Discovery of Witches at Lancaster Assizes Anno 1612. that the Son and Daughter of Elizabeth Deuice a Witch were not only Examined by the Justices of Peace against their said Mother and the said Examinations Certified and openly read upon the Arraignment and Trial but the Daughter also was commanded and did give open Evidence against her Mother then Prisoner at the Barr. 4. I find further in the said Book 4. of the Discovery of Witches that two Children the one about Nine years of Age the other of Fourteen did upon their Oaths give Evidence against the Prisoners upon their Arraignment The like was done at Cambridge at Lent Assizes Anno 1619. before Sir Henry Mountague Lord Chief Justice of B.R. 5. Accusation or Information by one that is unable to travel or decrepit is good and may be taken by the Justice of Peace upon Oath and certified at the next general Goal-delivery or Sessions of the Peace as the Case shall require 6. If one be an Accuser upon his own knowledge sight or hearing and he shall utter the same to another that other may be an Accuser Dyer 99. pl. 7. And note That an Offender confessing any Felony upon Indictment or otherwise against himself may also accuse others of the same Felony and such Accusation may be taken by the Justice of the Peace c. 8. Two Inform against another in matter of Felony and they vary in their Tales viz. in the Day and Place when and where the Felony was committed such Information is not much to be credited See the Story of Susanna 9. He that is Examined if part of that he speaketh be proved to be false he is not to be credited
Warrant for levying the Penalty forfeited for not observing the Rates aforesaid on 13 Car. 28. § 5. N. 2. To the Constable and Borsholders of the Hundred of A. in the said County and to every of them Kent ss Forasmuch as it hath been duly proved before me that A. B. of C. in the said County Inn-keeper hath taken of C.D. Yeoman of the Gards more for his Lodging c. During his Majesties late abode within this Division than by the Justices of Peace of this County was according to the form of the Statute in that case made and Provided set down and appointed contrary to the form of the Statute aforesaid these are therefore in his Majesties Name to will and require you and every of you that you some or one of you do levy to the use of the said C. D. by Distress and Sale of the Goods and Chattels of the said A. B. 40 s. by him forfeited to the said C. D. for the Offence aforesaid returning the Overplus to the said A. B. the Charge of the Distraining being first deducted hereof fail not at your Perils Given under my hand and Seal the day of c. XIII Kilb. Precedents 105. A Warrant for providing of Carriages for the Kings use on 13. 14. Car. 2. 20. § 1. N. 2. To the Constable and Borshoulders of the Hundred of A in the said County and to every of them Kent ss Whereas we have received Notice in writing by Warrant under the Hands and Seals of A. and B. two Justices by Warrant of the L. High Admiral or two more of the Principal Officers or Commissioners of his Majesties Navy or Master of his Ordnance or Lieutenants of his Majesties Ordnance for providing of Carriages for the Service of his Majesties Navy or Ordnance These are therefore in his Majesties Name to require you and every of you that you some or one of you do cause to be sent to A. Ten Carriages on the Second day of May next furnished with Horses or Oxen sufficient for the said Service hereof fail not at your Peril Given under our Hands and Seals the day of c. XIV Kilb. Precedents 106. Another Warrant against him who refuseth to provide Carriages on 13 14 Car. 2. 20. § 3. N. 1. To the Constable and Borshoulder of the Hundred of A. in the said County and to every of them Kent ss Forasmuch as it hath been duly proved before us that B. C. having had reasonable Notice to bring one Carriage to T. upon the first day of May last for the service of his Majesties Navy or Ordnance according to the form of the Statute in that behalf lately made hath wilfully neglected so to do by which he hath forfeited 20 s. to the Kings Majesties use These are therefore in his Majesties Name to require you and every of you that you some or one of you do demand of the said B. C. to his Majesties use the aforesaid 20 s. and in default of Payment upon demand that then you some or one of you do forthwith levy the aforesaid 20 s. to the use aforesaid by distress and Sale of the Goods and Chattels of the said B. C. rendring to him the overplus upon such Sale if there shall be any the Charge of Distraining being first deducted hereof fail not at your Peril Given under our Hands and Seals the day of c. Quakers see Religion Quarrelling see Affray Quarter-Sessions see Justices Quorum see Justices Ransome see Amerciament Rape and Ravishment see Coron Women Razure see Records Rates see Taxes Poor Rebellion see Riot War Treason Recognizance Obligation Sureties Condition Release Certiorari Pardon Pledges I. LAmbert 101 102. A Justice of Peace saith Mr. Marrow may take this Surety of the Peace by a Gage or Pledge which shall not be forfeited thereby but pawned only so that the Party shall under a certain pain keep the Peace which pawn he shall forfeit if he break the Peace Dalt 171. cap. 69. Bail 2. And by Marrows Opinion a Justice of the Peace may also take this Surety by an Obligation made to himself by the Name of Justice of Peace for so shall it be saith he ad usum Domini Regis But if it were made unto him without his name of Justice of the Peace then it could not be to the use of the King unless it had the words ad usum Domini Regis Records 3. F. N. B. 82. D. on the other side holdeth that such an Obligation taken to the King by a Justice of Peace is nothing worth for a man cannot be bound to the King saith he but only by matter of Record unless he will afterwards come into a Court of Record and confess it to be his Deed and pray that it may be enrolled there 9 Ed. 4. 31. Dalt 171. cap. 70. Obligation 4. But the new Statute 33 H. 8. 39. § 52. 2. N. 2. hath made a plain Law in these Cases and willeth that all Obligations and Specialties made for any cause touching the King shall be made in his own name by the words Domino Regi and to none other Person to his use and 33 H. 8. 39. § 52. 2. N. 3. ordaineth further That such Bonds shall be of the nature of a Statute Staple and that if any person take any Obligation otherwise he shall be imprisoned at the Pleasure of the King or of his Honourable Council 5. The safest way therefore is to take his Surety by Recognizance as is commonly used and that also by the words Domino Regi and then upon the forfeiture thereof the King shall have Execution accordingly II. Lambert 103 104. Peace Now if a Recognizance be meant to be taken for the Peace by a Justice of the Peace and yet do not contain within it or in the Condition thereof that it was taken for the keeping of the Peace it seemeth to be void as being taken Coram non Judice because a Justice of Peace hath not the power to take Recognizances generally but for matters concerning his Office specially Dalt 171. cap. 70. 2. And therefore Mr. Marrow addeth further That if the Recognizance be that the Recognizor shall not maim nor beat A. yet it is not good because it ought to be for the keeping of the Peace and that may be broken otherwise as by burning of the House of A. or by such like Misdemeanor Dalt 171. cap. 70. 3. Dayes Although this Recognizance do not comprehend any time of Appearance but be generally to keep the Peace yet it is good in Law saith Mr. Marrow because the chief scope is the keeping of the Peace and the time is referred to the Discretion of the Justice Dalt 172. cap. 70. 4. But as it was moved 2 H. 7. 1. pl. Records Whether the Justice of Peace ought to bring in the Recognizance to the Custos Rotulorum that the Party might be called upon it So by the Statute 3 H. 7. 1.
Rotulorum for otherwise how shall the Justice of Peace be assured that he doth not defraud the King of a forfeiture that was grown unto him VII Lambert 114. 115. The Condition of this Recognizance Forfeiture of what good form soever you make it standeth upon two points 1. For appearance at the time 2. For keeping the Peace in the mean while c. As to the latter this is general that whatsoever act is a breach of the Peace the doing thereof doth also beget a forfeiture of the Recognizance that is made for the keeping of the Peace c. 2. If a Man be bound to keep the Peace against A. and do afterwards threaten A. to his face that he will beat him he hath forfeited his Recognizance Dalt 177. cap. 72. 3. And an Action of Trespass lieth at the Common Law against him that shall threaten one to beat him as appeareth in divers Book Cases 33 H. 6. 18. 37. H. 6. 20. c. and shall suppose it to be contra pacem 4. But otherwise it is if A. be not present at that threatning by good Opinion 18. Ed. 4. 28. yet if in the absence of A. he doth threaten that he will beat him and then he afterwards lye in wait to beat him he hath in that Case also broken his Recognizance 22 Ed. 4. 35 b. per Curiam 5. Like forfeiture is it if he that is bound do but command or procure another to break the Peace upon any Man or to do any other unlawful Act against the Peace if that it be done indeed 7 H. 4. 34 a. temps H. 8. Peace Br. 20. VIII Lambert 122. 123. the usual Recognizance of the good behaviour hath this form Kilb. Precedents 192. Good behaviour Kanc. ss Memorand ' quod quinto die Mensis Julij Anno Regni c. venit coram nobis H. P. Miles S. L. Armigero c. Justiciar ' Dom. Regis ad Pacem nunc c. R. de E. in Com. predict ' Yeoman in propria persona sua assumpsit pro seipso sub poena CC libr. H. C. de L. in Com. predict Yeoman J. S. de M. in eodem Comitatu Husbandman tunc ibidem in proprijs personis suis similiter venerunt manuceperunt pro predict R.G. viz. Quilibet eorum seperatim sub paena C libr. quod Idem R. G. personaliter comparebit coram Justiciarijs dicti Domini Regis ad Pacem c. ad proximam generalem Sessionem c. quod ipse interim se bene gerit erga Dominum Regem cunctum populum suum precipuè erga J. B. de C. c. quod ipse non inferret ne inferri procurabit per se nec per alios Damnum aliquod seu Gravamen prefato J.B. seu alicui de populo Ipsius Domini Regis de Corporibus suis per insidias insultus seu aliquo alio modo quod in laesisionem seu parturbationem pacis dicti Domini Regis cedere valeat quovismodo quas quidem separales summas C libr. uterque predictorum H. C. J. S. ut predicitut pro se ac predictus R.G. dictas CC libr. recognoverunt se debere dicto Domino Regi de terris tenementis Bonis Catallis suis quorumlibet cujuslibet eorum ad opus ipsius dicti Domini Regis fieri levari si contingat prefatum R.G. in aliquo praemissorum deficere inde legitimo modo convinci c. Dalt 370. cap. 123. 2. Or by a simple Recognizance with this Condition endorsed or under-written Conditio recognitionis predict talis est quod si predict R.G. imposterum se bene geret pacem Domini Regis conservabit erga dictum Dominum Regem cunctum populum suum nullum Damnum Corporale c. extunc Recognitio predicta pro nullo teneatur alioquin in suo robore permaneat Release 3. I have known it doubted whither the Surety of the good abearing commanded upon complaint may be released by any special Person or no because it seemeth more popular than the Surety of the Peace But if it may then may the form of such a Release be easily made by that of the Peace Supra using the words Securitatem de se bene gerendo in stead of the words Securitatem pacis Obligation IX Lambert 213 214 215. The Bond spoken of in this Stat. 2 3 Ph. Mar. 10. § 2. N. 4. 1 2. Ph. Mar. 13. § 5. N. 2. and in some othes seemeth to be meant of a Recognizance acknowledged unto the Kings use and conditioned for the performance of that which the Statute appointeth Crompt 196. § 3. Coron 2. The Party therefore that Informeth against the Prisoner for Felony may be thus bound in a single Recognizance Ks. ss Memorand ' quod tertio Die Aprilis Anno Regni Domini nostri Jacobi Dei Gratia c. D. E. de B. in Com. Predict Yeoman personaliter coram me T. S. uno Justiciariorum c. ad Pacem c. Assignatorum constitutus apud B. predict Recognovit se debere dicto Domino Regi X libr. bonae legalis monetae Angliae de bonis catallis terris tenementis suis fieri levari ad opus dicti Domini Regis heredum Successorum suorum si defecerit in conditione indorsata And with such a Condition The Condition of this Recognizance is such whereas one A. B. late of G. Laborer was this presant day brought before the said Justice by the above bound D. E. and was by him charged with the Felonious taking of twenty Sheep of him the said D and thereupon was sent by the said Justice to the Kings Majesties Goal If therefore he the said D. shall and will at the next General Goal-delivery to be holden in the said County prefer or cause to be framed and preferred one Bill of Endictment of the said Felony against the said A. B. and shall and will then also give Evidence there concerning the same as well to the Jurors that shall then enquire of the said Felony as also to them that shall pass upon the Tryal of the said A.B. that then c. or else c. 〈◊〉 X. Lambert 12 13. The Lord Chancellor or Lord Keeper of the Great Seal the Lord Steward of England the Lord Marshal and Constable of England and every Justice of B. R. have closed in their Offices a Credit for conservation of the Peace over all the Realm and may award Precepts and take Recognizances for the Peace by Marrow and Fitzherbert and by good Opinion the Lord Treasurer of England may well be added to the same number Dalt 1. 2. cap. 1. 2. The Master of the Rolls also by the Judgment of Mr. Marrow is a general Conservator of the Peace by his Office but he maketh process and taketh Recognizance thereupon not as incident to his Office but by Prescription
23 Eliz. 10. § 5. N. 3. to appear at the the next General Sessions of the Peace to answer thereto Quaere the Statute XXIV Crompt 197. § 18. Peace Justices of Peace upon a Supplicavit of the Peace Directed to them out of the Chancery shall take Surety of the Peace by Recognizance as it seemeth F. N. B. 81. yet he saith Quaere XXV Crompt 197. § 19. Upon a Supplicavit of the Peace to the Sheriff and Justices of Peace it seemed to Danby 9 Ed. 4. 32. that he may take Surety by Recognizance because the Writ is as a Commission to them and F. N. B. 81. accords XXVI Crompt 197. § 21. Justices The Justices of Peace have no Authority to take Recognizance of any to appear at the Sessions to Answer to their default or offence where the Statute doth not give it as it seemeth Quaere XXVII Crompt 197. § 22. Two Justices of the Peace Tythes whereof one is of the Quorum upon complaint by any Competent Judge of Tythes for any Misdemeanor of the Defend in suit for Tythes may cause him to be Attacht and Committed to Ward till he hath found Surety to them by Recognizance or Obligation to the Kings use to obey the Process and Sentence of the same Judge 27. H. 8. 20. § N. XXVIII Crompt 197. § 23. On complaint to two Justices of Peace whereof the one is of the Quorum made by the Ecclesiastical Judge who hath given Judgment of Tythes against another who refuseth to pay them or Sums of Money for him adjudged to be paid the Party so refusing shall be Attacht and committed unto the Goal untill he hath found Surety by Recognizance or otherwise to perform the said Sentence 32 H. 8. 7. XXIX Crompt 197. § 24. Apprentice If a debate ariseth between a Master and his Apprentice for default of conformity in the Master the Justice of Peace may bind the Master to appear before the Justices of Peace at the Sessions 5 Eliz. 4. § N. XXX Crompt 197 b. § 25. Coron A Coroner may take a Recognizance or Obligation of such as give Evidence before him super visum corporis to prove him that killed the party guilty and to bind them to appear before the Justices of Goal-delivery 1 2 Ph. Mar. 13. § 5. N. 2. XXXI Crompt 197 b. § 26. Slander Every Justice of Peace within a Month after the Offence may commit any that is vehemently suspected of speaking or reporting of slanderous News or Tales against our Lord the King that now is if he doth not find Sureties to appear at the next Quarter-Sessions or Goal-delivery there to remain untill he will find Surety ut Supra XXXII Crompt 197 b. § 23. Obligation Where a Statute gives Power to a Justice of Peace to take Bond of any for his Appearance at the Assizes or Sessions or to take Surety of any for any thing it seemeth he may take a Recognizance though it be not so expresly given XXXIII M. 2 H. 7. 1. pl. 2. Peace Br. 11. Certiorari If a Recognizance of the Peace be taken by a Justice of Peace this may be Certified by a Certiorari supra though that the Justice of Peace doth not bring it to the Sessions nor to the Custos Rotulorum And if a supersedeas be retorned to the Sessions and no Recognizance then a Certiorari may be Awarded to the same Justice to certifie the Recognizance yet see 3 H. 7. 3. § 1. N. 4. that the Justice shall forfeit 10. l. if he doth not Certifie the Recognizance to the next Sessions Dyer 265. XXXIV Dalt 173. cap. 70. If the Justice of Peace shall not Certifie such Recognizance taken for the keeping of the Peace at the next Sessions 3 H. 7. 1 § 1. N. 27. limiteth no penalty and yet see Peace Br. 11. that the Justice shall forfeit 10 l. if he do not certifie the Recognizance of the Peace at the next Sessions But Mr. Brook there mentioneth 3 H. 7. 3. § 1 N. 4. which was only for Bailment of Prisoners and certifying the same and so seemeth to mistake the Statute F. N. B. 251. F. Crompt 169 a. 167 b. Release XXXV Dalt 173. 174. cap. 70. If he which demanded the Peace shall Release the Peace before the said next Sessions then it may seem though the Justice of Peace shall not Certifie the Recognizance that the Statute 3 H. 7. 1. § 1. N. 26. is not Transgressed or offended for it hath been holden Crompt 169. in Certiorari 62. N. 2. that the Party shall not be called in such Case upon his Recognizance yet Quaere inde and see Dalt 175 176 cap. 71. 2. But howsoever it is better to Certifie the Recognizance for peradventure it was forfeited before the Release made Supra Appearance XXXVI Dalt 174. 175. cap. 71. If the Justice of Peace shall not Certifie the Recognizance to the Sessions yet the Party ought to appear and to Record his Appearance c. as 18 Ed 4. 18. 2. If the Party that is bound to appear be so sick that he cannot appear nor by any means travel at the day yet it seemeth his Recognizance in strictness of Law is forfeit c. yet in this Case upon due proof of such his sickness I have known the Justices of Peace in their Discretion have forborn to Certifie or Record such forfeiture or default and that they have taken Sureties for the Peace of some Friends of his present in Court until the next Sessions But Quaere how far this is Warrantable by their Oath Besides the Party so bound might by Certiorari Dalt 70. Cap. 69. and Crompt 81 b. have removed his Recognizance into the Chancery or B. R. before the Day of his Appearance and then he should not have needed to appear at the Sessions for that the Justices there should have no Record whereupon to call him Bar. sem 3. If the Husband be bound that he and his Wife shall appear at such a Sessions and that they shall keep the Peace in the mean time c. and at the day the Husband doth appear but not his Wife here Crompt 144 b. saith the Recognizance is not forfeit c. yet Quaere and see 8 Ed. 2. Forfeiture 17. Religion XXXVII 1 Ed. 6. 1 § 2. N. 2. And three Justices of Peace at the least Quorum unus shall have Power and Authority by their Discretions to bind by Recognizance to be taken before them as well the said Accusers as all such other Persons whom the said Accusers shall declare to have Knowledge of the Offences viz. of depraving the Sacrament c. by them Presented and Informed every of them in Five pounds to the King to appear before the said Justices of Peace before whom the Offender or Offenders shall be Tryed at the day of Tryal and deliverance of such Offenders Records see Justices Recusants see Pope Reconciliation see Pope
Recordare and Removal see Certiorati Regrator see Market overt Relation see Days Release see Peace Recognizance Religious Houses see Abbe Religion Church Divine Service Preachers Encumbent Pope Quakers Common Prayer Sacraments Sabbath I. LAmbert 118. Recognizance Moreover it seemeth to me that all these Statutes 1 Mar. 1. St. 2. cap. 3. § 4. N. 3. which gave this Surety of good Abearing against such as disturbed a Preacher c. have this one meaning that a Party so bound may afterwards forfeit his Recognizance if he Eftsoons offend against the said Statutes II. Lambert 195. Church If any Offender contrary to the Statute 1 Mar. 1. St. 2 cap. 3. § 5. N. 2. provided against the Disturber of any Preacher shall be Arrested and brought before a Justice of Peace then he upon due Accusation thereupon to be had by the said Arrester or other Person shall forthwith Commit the party so taken to safe Custody by his Discretion 2. But enquire if 1 Mar. 1. St. 2. cap 3. § 5. N. 2. be not repealed by 1 Eliz. 2. § 27. N. 1. in general words Lambert 411. and Crompt 14. III. Crompt 14. Ecclesiastical Persons Enquiry at Sessions upon 1 Mar. 1. St. 2. cap. 3. § 2. N. 1. If any Voluntarily and of purpose by overt act word or deed malitiously or contemptuously hath molested or troubled or by any other unlawful ways or means disquieted or misused any Preacher lawfully Authorized or other Person Charged by Reason of his Spiritual Promotion or Charge in any his overt Sermon Preaching or Collation in any Church Chappel Church-yard or other place used or to be appointed every such Offender in the Premisses his Aiders Procurers and Abettors shall be committed to the Goal by three Months without Bail or Mainprise and shall remain there from thence untill the next Quarter-Sessions to be held within the same County City or c. at which Sessions upon his Reconciliation and Repentance in this behalf before the Justices at the said Sessions he shall be delivered and shall be bound to his good behaviour for a year and if he will not he shall remain there untill he will Dalt 192. cap. 41. 2. This Statute 1 Mar. 1. St. 2. cap. 3. § 2. N. 1. As to the said matter is not repealed as it seemeth for the Statute containeth divers several matters and so is as Divers Statutes as Com. 65. as it seemeth Lambert 411. Quaere infra IV. Dalt 102. cap. 41 And yet Sir Nicholas Hide at Bury Lent-Assises 1629. delivered it as I am credibly informed that 1 Mar. 1. St. 2. cap. 3. was wholly repealed by 1 Eliz. 2. § 27. N. 1. Process V. Lambert 333. 334. Within six days after Accusation had that any Person hath disturbed a Preacher and after his Committing to safe Custody by one Justice of the Peace one other Justice of the Shire must joyn with him in the Examination of the Offender and may proceed to find him Guilty by his own Confession or by two Witnesses and thereupon Commit him to the next Goal for three Months 1 Mar. 1. St. 2. cap. 3. § 5. N. 3. ask of the Continuance of this Statute Slander VI. Lambert 411. 412. Enquiry at Sessions if any person have within these three Months by contemptuous or reviling words or have advisedly in any otherwise depraved despised or reviled the blessed Sacrament of the Body and Blood of Christ 1 Ed. 6. 1. § 1. N. 6. revived 1 Eliz. 1. § 14. N. 1. Crompt 12. Justices VII Lambert 361. It seemeth that three such Justices viz. Quorum unus may out of the Sessions take Information and Accusation by the Oaths of two honest Persons against such as shall deprave the Sacrament of the Body and Blood of our Lord and Saviour Jesus Christ against the Statute and Examine them what other Witnesses were then by and to bind them all by Recognizance to give in Evidence at the day of Tryal 1 Ed. 6. 1. § 1. N. 7. But enquire of this matter Dalt 133. 134. cap. 49. Sessions VIII Crompt 124. The Justice of Peace shall enquire at every of their general Quarter-Sessions of those that speak irreverendly of the Sacrament of the Body and Blood of our Lord Jesus Christ 1 Ed. 6. 1. § 1. Process IX Lambert 516. Some other Statutes there be also that have extended the Authority of the Justices of Peace in sending Process beyond the Bounds of their own Commission for by 1 Ed. 6. 1. § 3. N. 1. three Justices of the Peace the one being of the Quorum may make Process against such as be thereupon Indicted for depraving the Sacrament by two Writs of Capias and the Exigent and by Capias Vtlagatum into any place within the Kings Dominions Church X. Lambert 197. Enquiry at Sessions if any Person above sixteen years of Age do by the space of twelve Months forbear to repair to some Church Chappel or usual Place of common Prayer contrary to the tenor of 1 Eliz. 2. § 14. N. 1. then any Justice of Peace of the County where such Offender shall dwell or be may make Certificate thereof in writing in B. R. to the end that the Offender may thereupon be bound in CC l. at the least with sufficient Sureties to the Good-behaviour for that his so long obstinacy besides the other penalties 23 Eliz. 1. § 5. N. 2. Crompt 13 b. Encumbent XI Lambert 412. 413. Enquiry at Sessions if any Person Vicar or Minister have refused to use the Common Prayers or to Minister the Sacraments according to the Book of Common Prayers 1 Eliz. 2. § 4. N. 1. Crompt 130 a. infra 2. Or wilfully standing in the same have used any other form in open Prayers or in Administration of the Sacraments or have spoken any thing in derogation of the said Book or any part thereof 1 Eliz. 2. § 4. N. 2. 3. Crompt 12 b. 13 a. 3. Or if any Person have in any Play Song or Rhime Slander or by any open word spoken in derogation of the said Book or of any thing therein contained or have caused or maintained any Parson Vicar or Minister to say any Common Prayer or to Minister any Sacrament in any other manner than after the said Book 1 Eliz. 2. § 9. N. 1. Crompt 13 a. 4. Or have interrupted any Parson Vicar or Minister to say open Prayer or to Administer any Sacrament according to the same Book 1 Eliz. 2. § 9. N. 3. 5. If any Person being above sixteen years of Age and not having lawful and reasonable Excuse to be absent have not repaired and resorted unto his or her Parish Church or Chappel accustomed or upon let thereof to some usual Place where Common Prayer is to be used upon every Sunday and other Holy-day and have not there orderly and soberly abiden during the time of such Common Prayer Preaching or other Service of God and how long such Person
them and to the keeper of his Majesties Goal for the said County at M. in the County aforesaid Kent ss Forasmuch as we viz. two Justices have received a Certificate from the Ordinary within whose Jurisdiction the Parish of T. in the said County is situate That A. B. being by virtue of the Statute in that behalf made disabled to Preach any Sermon did during the time that he did continue and remain so disabled Preach a Sermon in the Parish Church of T. aforesaid against the form of the Statute These are therefore in his Majesties Name to will and require you the said Constable and Borshoulders and every of you that you some or one of you do take the said A. B. and him convey to the Goal aforesaid and there deliver him to the said Keeper thereof together with this Precept Requiring also you the said Keeper to receive him into the Goal aforesaid and him there safely to keep by the space of three Months without Bail or Mainprise hereof fail not at your perils Given under our Hands c. XXXI Kilb. Precedents 52. Church A Record of a Conventicle to be written in Parchment on 22 Car. 2. 1. by two Justices Kent ss Memorand ' That upon the 10th day of June in the 31. year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Jreland King Defender of the Faith c. It was according to the form of an Act of Parliament in that behalf lately made Entituled An Act to prevent and suppress seditious Conventicles duly proved to us viz. two Justices c. that A. B. being of the Age of sixteen years and upwards and a Subject of this Realm was upon the first day of June now last past in the Parish of c. present at T. in the said County under colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England where five Persons are present more than those of the same Household contrary to the Act aforesaid of all which we have the Day and year above written made this Record under our Hands and Seals 2. Or better in Latin thus Kilb. Precedents 53 54. Kent ss Memorand ' quod J. S. de S. in Com. predict ' Yeoman Church E. W. de W. in Com. predict ' Generosus Maria uxor G. J. de parochia de E. in Com. predict ' Husbandman Eliz. W. de E. predict ' in Com predict ' vidua J. B. de c. Cum multis alijs in toto se attingent ' ad numerum duodecim personarum quilibet eorum die Solis 26. die Junij Anno Regni Domini Regis nunc 22. die ultra etatem 16. Annorum subditi dicti Domiin Regis ad tunc existent ' predict ' 26. die Junij Anno 22. supradicto insimul assemblaverunt presentes fuerunt quilibet eorum presens â—uit in Domo Mansionali ipsius A. P. viduae in predict ' Parochia de E. in Com. predict ' ad Conventiculum sub colore Exercitationis Anglice Exercise Religionis in alio modo quam secundum Liturgiam practicationem Anglice practise Ecclesiae Angliae Ad tunc ibidem tent ' contra formam Statuti prevenire supprimere seditiosa Conventicula nuper Editi proviso infra Memorand ' etiam quod tempore loco supradict ' predict ' J.S. assumpsit super se docere in Conventiculo predict ' in eodem ad tunc ibidem docuit contra formam Statuti predicti quodque predict ' A. B. vidua tempore supradicto scienter Anglice Wittingly voluntariè permisit Conventiculum predictum fore tenend ' in Domo Mansionali sua predict ' etiam contrà formam ejusdem Statuti Record ' quarum quidem separalium offensarum Ego W. L. Miles unus Justiciariorum dicti Domini Regis ad pacem suam in Com. suo predict ' conservand ' assignat ' cui secundum formam effectum Statuti predicti separales offensas predict ' sic ut preâ—ertur fore Commissa sufficienter aparuit per presentes sub Manu sigillo meo 11. die Julij Anno 22. supradicto apud N. predict ' in Com. predict ' feci Predictique J. S E. W. predict ' Maria uxor predict ' G. J. Eliz. W. J. B. Junior J. B. Senior J. F. R. P. A. P. Vidua A. B. D. P. Spinster de separalibus offensis suis in Record ' predict ' superius mentionat ' per Recordum illud virtute Statuti predicti plene perfecte convicti sunt quilibet eorum inde separaliter plene perfecte convictus est ego prefat ' Justiciar ' superinde virtute Statuti predicti die Anno loco ultimo mentionat ' finem V.S. super quemlibet offensorum Anglice Offenders predict ' sic ut prefertur ad Conventiculum predict ' present ' Existent ' pro separali offensa predict ' imposui Predictaque A. P. Vidua pro offensa sua predicta eo quod ipsa ut prefertur permisit Conventiculum predict ' fore tenend ' in Domo Mansionali sua predict ' forisfecit Summam 20 l. Virtute Statuti predict ' predictusque J.S. pro offensa sua predicta eo quod ipse ut prefertur assumpsit super se docere in conventiculo predicto in eodem ut predictum est docuit forisfecit summam 20 l. Virtute Statuti predicti Forfeiture XXXII Kilb. Precedents 55. 56. A Warrant to levy the penalty of 22 Car. 2. 1 § 3. N. 1. upon the Teacher in a Conventicle To the Constables Borshoulders Headboroughs and Tythingmen of the Hundred of C. in the said County and to the Church-wardens and Overseers of the Poor of the Parish of C. in the County aforesaid and all other Officers within the said County whom the Execution hereof may concern Kent ss Forasmuch as I did this present day receive a Certificate to me directed under the Hand and Seal of W. E. of S. in the County of S. Esq one of his Majesties Justices Assigned for keeping his peace in the said County of S. that G. H. of C. aforesaid Taylor was upon the first day of this Instant August by him Convicted by proof to him made according to an Act of Parliament Entituled An Act to prevent and suppress Seditious Conventicles lately made and provided of being present in the Barn of R. W. of W. in the said County of S. Husbandman and there did take upon him to Preach or teach at a Conventicle the five and twentieth day of July last past under pretence of Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England and contrary to the form of the Act aforesaid And that therefore being thereof Convicted as aforesaid the said G. H. did forfeit for the said first Offence 20 l. and that he the said Justice had by Virtue
be of like force as the verdict of 12. Men c. 13 H. 4. 7. § 3. N. 1. And if such Offenders do traverse the matter so certified then the Certificate and Traverse shall be sent in B. R. to be tryed and determined as Law requireth infra 13 H. 4. 7. § 4. N. 1. And that the Justice of Peace Dwelling most nighest in every County or Under-Sheriff shall do Execution of this Statute every one upon pain of one C l. to be paid to the King as oft as they shall be found in default 2. Whereupon 19 H. 7. 13. § 1. N. 9. Addeth that if the said Riot Rout or unlawful Assembly be not found by the said Jury by reason of any Maintenance or imbracery of the said Jury then the same Justices and Sheriff or Under-Sheriff shall also Certifie the Names of the Maintainers and Imbraceors in that behalf if any be with their Misdemeanors that they know upon pain of every of the said Justices and Sheriff or Under-Sheriff to forfeit 20 l. if they have no reasonable excuse for not Certifying the same Lambert 366. 19 H. 7. 13. § 1. N. 10. which Certificate so made shall be of like force as a Verdict c. 19 H. 7. 13. § 1. N. 11. And every Person duly proved to be a Maintainer or Imbraceor in the same shall forfeit 20 l. to the King and shall be committed to ward there to remain by the Discretion of the Justices 3. Hereunto also 2 H. 5. 8. § 2. N. 5. adjoyneth further that the Kings Liege People being sufficient to Travel shall be assistant to these Justices Sheriffs or Under-Sheriffs when they shall be reasonably warned to ride with them in Aid to resist such Riots Routs and Assemblies upon pain of imprisonment and to make Fine and Ransom to the King 2 H. 5. 8. § 2. N. 1. Provided always that the said Justices Sheriff or Under-Sheriff shall do their said Offices at the Kings Costs in going tarrying and returning by payment thereof to be made by the Sheriff by Indenture between him and them of the said payment Lambert 365. 2 H. 5. 8. § 2. N. 2. And that such Rioters attainted of great and heynous Riots shall have one whole years Imprisonment at the least without being let out of Prison by Bail Mainprise or in any other manner during the year aforesaid 2 H. 5. 8. § 2. N. 3. And that Rioters attainted of petty Riots shall have Imprisonment as best shall seem to the King and to his Counsell 2. H. 5. 8. § 2. N. 4. And that the Fines of such Rioters attainted shall be by the same Justices Increased and put in greater Sums than they were wont to be put in such Cases before that time in Aid and supportation of the Costs of the Justices and other Officers aforesaid in this behalf 4. Now by 2 H. 5. 9. § 2. N. 1. If it be witnessed by two Justices of the Peace and the Sheriff by letters under their Seals to the Lord Chancellor of England that any Murders Manslaughters Batteries Robberies Assemblies of People in great number in manner of Insurrection or other Rebellious Riots have been done and that such Offenders have withdrawn themselves to the intent to Avoid the Execution of the Common Law then 2 H. 5. 9. § 1. N. 3. The Lord Chancellor may make a Writ of Capias and 2 H. 5. 9. § 1. N. 6. if need be a Proclamation c. Which Statute 2 H. 5. 9. Was made to endure to the next Parliament and so discontinued but it was revived by 8 H. 6. 14. § 1. N. 15. and made perpetual which 8 H. 6. 14. § 1. N. 11. moreover ordaineth that before this Writ of Capias shall be awarded two Justices of the Peace and the Sheriff of the Shire where such Riot is supposed ought to witness that the common Voice and Fame runneth in the said County of the same Riots 8 H. 6. 14. § 2. N. 1. XIV Lambert 313 314 315. Forasmuch as the Power given by 17 Rich. 2. 8. § N. for repressing of great Assemblies and Riots was delivered with such conjunctive and general words viz. To the Sheriffs and other the Kings Ministers that it was often doubted not only who were ment by the word Ministers but also whether the Sheriff and any of those Ministers apart might perform the Service or that they ought all to joyn together therein Crompt 62. § 15. infra 2. Therefore this Statute 13 H. 4. 7. § N. cleareth those Questions and putteth express Power into the Hands of any three or two Justices of the Peace and of the Sheriff or Under-Sheriff not only to Arrest such Riotors but also to Convict them of their Offences by recording of that which they should see to be done against the Peace Dalt 217. cap. 85. 3. And this Authority of Assembling the Power of the County and of Arresting and Imprisoning the Rioters was once before this time namely 2 Rich. 2. 7. committed to some but it was by and after even in the self same year of the same King 2 Rich. 2. St. 2 cap. 2. resumed as a thing overhard to be born that a Free-Man should be Imprisoned without an Indictment or other Tryal by his Peers as 9 H. 3. 29. Magna Charta speaketh untill that the Experience of greater Evils had prepared and made the Stomack of the Commonwealth able and fit to digest it 4. Now whereas here 13 H. 4. 7 § 1. N. 1. is mention of the Power of the County by virtue of those words Master Marrow thinketh that the Justices of the Peace Sheriff or Under-Sheriff ought to have the aid and attendance of all Knights Gentlemen Yeomen Laborers Servants Apprentices and Villains and likewise of Wards and of other young Men that be above the Age of sixteen years because all of that Age are bound to have Harness by the Statute of Winchester 13 Ed. 1. St. 2. cap. 6. § 1. N. Dalt 113. cap. 46. 5. But by 13 H. 4. 7. § 1. N. 1. Women Ecclesiastical Persons and such as be decrepit or do labor of any continual infirmity shall not be compelled to attend for the Statute 2 H. 5. 8. § 2. N. 5. which also worketh up-the same Ground saith That Persons sufficient to travel shall be assistant in this service 6. And on 13 H. 4. 7. § 1. N. 1. It is referred to the Discretion of these Justices Sheriff or Under-Sheriff how many or how few they will have to attend upon them in this business and how or in what sort also they shall be armed weaponed or otherwise furnished for it Crompt 62 b. pl. 20. 7. But be it that Information be made to these Justices and Sheriff or Under-Sheriff that certain Persons be riotously assembled at Dale and they do thereupon gather People to suppress them and when they come to the Place they find no Riot there yet are they Excusable for this Assembly o◠Power so made by them
Domini Regis 2. Vi Armis viz. Baculis Gladijs Pugionibus Falcastris alijs Armis tam invasivis quam defensivis apud P. in B. predict ' clausum cujusdam L. M. vocat ' Bonehilclose illicite Riotose Routose fregerunt intraverunt decem caractat ' feni ad valentiam quatuor librarum de Bonis Catallis dicti L. M. ad tunc ibid em injustè illicite ceperunt asportaverunt contra pacem dicti Domini Regis contra form ' Statut ' inde Editi provisi Per quod preceptum est J. C. sub-Ballivo quod non omitteret propter aliquam libertatem c. quin Venire Faceret eosdem A. B. C. D. E. F. ad respondend ' c. Posteaque scil ' Diè Lunae proxim post Festum sancti Mich ' Archang Anno Regni Domini Regis c. coram prefatis Justiciarijs venerunt predicti A.B.C. D. E. F. in proprijs personis suis habito Auditu Indictament ' predicti separatim dicunt quod ipsi non sunt inde culpabiles de hoc ponunt se super patriam H. J. qui pro Domino Rege in hac parte sequitur similiter Ideo veniunt inde jurat ' coram Justiciarijs dicti Domini Regis ad pacem in Burgo Parochia predict ' conservandam assignatis c. ad Sessionem Pacis apud B. predict ' die Lunae proximum Post Epiphaniam Domini tunc proximum futurum tenend ' qui c. ad recogn c. qui tam c. idem dies Datus est tam prefato H. J. qui sequitur pro Domino Rege quam prefat ' A.B.C. D. E. F. Ad quas quidem Sessiones Pacis tent ' apud B. predict ' in Com. predict ' dicto Die Lunae proximo Post Festum Epiphaniae Domini Anno Regni Regis c. coram Ballivo dictis F. F.T. D. R. J. socijs suis Justiciarijs dicti Domini Regis ad Pacem in dicto Burgo Parochia Conservandam nec non ad diversas felonias transgressiones alia malefacta in eodem Burgo Parochia perpetrata Audienda terminanda assignatis venerunt tam prefatus H.J. qui pro Domino Rege in hac parte sequitur quam prefat A.B.C.D. E. F. in proprijs personis suis Juratores per sub-Ballivum Burgi Parochiae predict ' ad hoc impannellat ' exacti viz. F. F. Mercer or Draper c. similiter venerunt qui ad veritatem de premissis dicend ' triati Jurati dicunt super Sacrament ' suum quod predict ' A. B. C. D. E. F. Culpabiles sunt eorum quilibet culpabilis est de transgressione contemptu Rioto predict ' in indictamento predict ' superius specificatis modo forma prout superius versus eos supponitur Ideo consideratum est per curiam quod predict ' A.B.C. D. E. F. Capiantur ad satisfaciend ' dicto Domino Regi de finibus suis occasione transgressionis Contemptus Rioti predicti Qui quidem A. B.C. D. E. F. ad tunc ibidem presentes in curia petierunt se ad finem cum dicto Domino Rege occasione predict ' admitti ideo ponant se separatim in misericordia dicti Domini Regis assessat ' finis ejusdem A. B. per Justiciarios predict ' ad 5 l. assessatur finis ejusdem C. D. ad 3 l. c. bonae legalis monetae Angliae ad opus usum dicti Domini Regis Lambert 535 536 Dalt 400. cap. 130. XXXV Lambert 381. And albeit the Power of these Justices be joynt at the Sessions yet to some purpose each one by himself hath a distinct Power also for if one of them sitting in his Judicial place shall see a Riot he may cause the Parties to be Arrested and may also Record the Riot whereby they shall be so concluded as they have none answer to it Justice of Peace Fitz. 9. supra 12. N. 5. infra XXXVI Lambert 494 495. Endictment An Endictment of a Riot without saying Contrà formam Statuti c. is not good as may appear in the Traverse Lambert 535. supra because it is no Riot but by that Statate 13 H. 4. 7. and yet it is not of necessity that the Statute be verbally rehearsed but only that the Offence against the Statute be sufficiently and with full words described Com. 179. infra XXXVII Dalt 109. cap. 46. And yet if one Justice of Peace sitting in a Judicial place as in the Sessions shall see a Riot he may command them to be Arrested and may make a Record thereof and the Offenders shall be concluded thereby supra But if one Justice of the Peace shall see a Riot in another place and shall command them to be Arrested and shall make a Record thereof the Offenders shall not be concluded thereby but may Traverse it supra And yet the Justice may Record it and certifie the same to the next Sessions Kâ—ll 41. XXXVIII Dalt 109. cap. 46. If a Justice of Peace commit a Man to Ward pretending untruly that he did a Riot where he did none the party may have an Action of Trespass against him see 8 Co. 121. supra yet see Judges Br. 2. 10. that an Action will not lye against a Justice or Judge of Record Lambert 316 supra Assemblies XXXIX Lambert 183. The Statute 1 Mar. 1. St. 2. cap. 12. § N. and 1 Eliz. 16. § N. do make three degrees of Riots and Seditious Assemblies in certain special Cases The first consisting of the common number of three Persons and being under the Number of twelve the second of twelve Persons or more and the third of forty Persons and upwards all which are to be punished diversly according to the number intent act and obstinacy of the Parties Assembled wherein there is some imitation of an ancient Law that King Ina made against Thieves whose degrees in Offence he also severed and punished by their Number saying thus that Thieves we call them untill the Number of seven men from 7. a Troop untill 35. and an Army above that Number XL. Lambert 183 184. One Justice of Peace therefore may by vertue of these Statutes 1 Mar. 1. St. 2. cap. 12. and 1 Eliz. 16. make or cause to be made a Proclamation in the Kings Name after three Oyes thus The King our Soveraign Lord chargeth and commandeth all Persons being assembled immediately to disperse themselves and peaceably to depart to their Habitations or to their lawfull Bâ—siness upon the pains contained in the Act lately made against Unlawfull and Rebellious Assemblies And God save the King Dalt 110. cap. 86. 2. And he also may at his discretion assemble his Majesties Subjects to take them and may take them indeed if they disobey Crompt 195 b. pl. 26. and shall be unpunished for the hurting or maiming or Killing of any of them if they make resistance He also is
11 H. 7. 15. § N to appoint two Justices of the Peace that may controll the Sheriffs Books Dalt 132. cap. 51. And by 27 Eliz. 12. § 2. N. 1. for taking the Oath of the Under-Sheriff VII Lambert 425 426 427 428 429. Enquiry in Sessions if any Sheriff have letten his County or any his Balywicks Hundreds or Wapentakes 2. Or have Retorned in any Pannels any Bayliffs Officers or their Servants 3. Or have refused to let to Bail upon sufficient Sureties any Person being in his Custody because of any Action Personal or because of Endictment in Trespass and not being in for any Condemnation Execution Utlary Excommunication Surety of the Peace or Commandment of any Justice or for being a Vagabond 4. Or have taken any Obligation by Colour of his Office but only to himself and upon the Name of his Office and upon Condition only to appear according to the Writ or Warrant 5. Or have taken for an Arrest above 20 d. or if he or any other Minister have taken any thing for making of any Retorn or Pannel or above 4 d. for the Copy of a Pannel or above 4 d. for the said Obligation or for any Warrant or Precept or any Bayliff above 4 d. for making any Arrest or the Goaler above 4 d. upon the committing to his Ward of any Person Arrested or Attached 23 H. 6. 10. 6. If any Sheriff or other his Minister have Arrested or Imprisoned or caused any Fine or Ransom or Amerciament to be levyed of any Person by reason of any Endictment or Presentment made by the Sheriff Turn or Law-day without Process from the Justices of Peace for the same first obtained 1 Ed. 4. 2. § 1. N. 5. Lambert 513. 7. Or have not brought in such Endictments and Presentments to the Justices of the Peace at their next Sessions 1 Ed. 4. 2. § 1. N. 4. 8. If any Sheriff or any his Ministers have entred into his Books any Plaints in any Mans Name not being present in the Court either in his own Person or by sufficient and honest Attorney or Deputy or have entred any more Plaints than the Plaintiff supposeth that he hath cause of Action for or have levyed the Shire Amerciaments without Book indented between them and two Justices of the Peace 11 H. 7. 15. § N. Dalt 133. cap. 51. 9. Or if the Bayliff of the Hundred have made default in warning or Executing any Warrant against any Defendant in the Sheriffs Court Dalt 133. bis cap. 51. 11 H. 7. 15. § N. 10. If any Sheriff or his Minister have levyed any the Debts of the King without shewing to the Parties the Estreats of the same under the Seal of the Exchequer 42 Ed. 3. 9. § N. and 7. H. 4. 3. § N. 11. If the Sheriff of this Shire or any other Person to whom it appertained to make Retorn of any Writ hath retorned any Juror without the true Addition at the Place of his abode at the time of that Retorn or within a year next before or without some other Addition by which the Juror might well be known 27 Eliz. 7. § N. 12. If any Estreat of Issues hath been gathered of any Person other than such as by virtue of the said Estreat was of right chargeable or charged therewith 27 Eliz. 7. 13. If any Under-Sheriff or other of the said Persons named 27 Eliz. 12 hath committed any Act contrary to the said Oaths 14. If any Sheriff or Goaler have denyed to receive Felons by the delivery of any Constable or Townshâ—ps or have taken any thing for receiving of such 4 Ed. 3. 10. § N. Ships Seamen Shipwright see Admirals Silk see Drapery Silver see Metal Skinners see Leather Slander Libels Words Rumors News I. CO. Inst 3. 198. cap. 93. The Law before the Conquest was that the Author and spreader of false Rumors amongst the People had his Tongue cut out if he redeemed it not by the Estimation of his Head Inter Leges Alveredi cap. 28. II. Crompt 84 b. 85 Enquiry in Sessions if any one hath published or forged false News or Controversies viz. Tales whereby Discord or Slander may arise between the King and his People or between the Nobles of the Realm the Offender shall be Imprisoned untill he can produce in Court the Author of such News 3 Ed. 1. W. 1. cap. 33. 34. and 1 and 2 Ph. Mar. 3. § 2. N. 2. 2. If any one hath forged or Counterfeited any false News and horrible false Lies of any Prelates Dukes Earls Barons or other Nobles and great Men of the Realm or of the Chancellor Treasurer Clerk of the Privy Seal Steward of the Kings Household Justices of the one Bench or of the other or of any great Officer of the Realm of things that by them were never spoken nor thought to their great slander whereupon debate and discord may rise between the said Lords and Commons they shall be punisht according to 3 Ed. 1. W. 1. cap. 34 33. untâ—ll they have brought into Court the Author of the said false News and Lies by 2 Rich. 2. 5. 1 2 Ph. Mar. 3. § 2 N. 2. 3. If the Forgers and Counterfeiters of false News c. mentioned in 3 Ed. 1. W. 1. cap. 34 33 and 2 R. 2. 5. cannot bring into Court the Author of such false News then they shall be punisht by advice of the Kings Council 12 Rich. 2. 11. § 1. N. 3. 4. Slanderous words of the King shall be punisht by Fine and Imprisonment on 3 Ed. 1 W. 1. 34. 33 and not by advice of the Privy Counsel on 12 Rich. 2. 11. for the King is a Person exempt and not implied within the words Great Men or Nobles c. Oldnols Case 4 5 Ph. Mar. Dyer 155. III. Poult de Pace 1 b. There is another foul puddle that ouzeth from the same corrupt Gogmire with Menaces and distilleth out of a heart likewise infected with Malâ—ce and Envy but is devised and practised by another mean than the former which is by Libelling secret slandering or defaming of another c. 2. And whether this Libelling secret Slandering or defaming be against a Publick Magistrate or Private Person yet it may tend to the breach of the Peace to the raising of quarrels and effusion of Blood and so may be a speciall impediment of that Peace which all good Policy endeavoureth to maintain 5 Co. 125 libr. intr 13. Hob. 354. IV. Crompt 197. Every Justice of Peace within a Month after the Offence may commit any one that is vehemently suspected to speak or report Slanderous News or Tales against the Queen that now is if he do not find Sureties to appear at the next Quarter-Sessions or Goal-delivery there to remain till he will find Surety ut supra 23 Eliz. 2. V. West Symb. 2 part 129. Sect. 200. An Indictment for words spoken against the Queen on 23 Eliz. 1. Glos ss Juratores pro Domina Regina super
bring with them both Judgment and Mercy mingled together And will not hang four for stealing a Wether Innuendo predictos Justiciar ' ad predict ' Sessionem Goalae deliberationem injuste Crudeliter abjudicasse mandasse quatuor Prisonarum de Prisona predict ' per collum suspend ' quousque c. pro furatione Angl ' for stealing unius Ovis ubi revera Justiciarij predict ' ad predict ' Sessionem Goalae predict ' deliberationem non adjudicaverunt nec mandaverunt quatuor Prisonarum de Prison ' predict ' per collum suspendi pro furatione unius Ovis contrà Pacem dicti Domini Regis Coronam Dignitatem suas necnon contrà formam Statut ' in hujusmodi Casu edit ' provisi Smoak-mony see Taxes Soap see Measures Merchants Souldiers see War Spinsters see Drapery Stabbing see Coron Star-Chamber see Riots Statutes see Parliament Stealing see Coron Stewards see Leet Justices Stock see Poor Account Taxes Stocks see Imprisonment Stoln Goods see Coron Chattels Strays see Coron Chattels Striking see Affray Strangers see Alien Submission see Pope Subornation see Proof Oath Subpena see Process Subsidy see Taxes Suggestion and Suits see Information and Action sur Stat. Supremacy see Pope Oath Summons see Process Sunday see Days Religion Supplicavit see Peace Supervisors see Poor Ways Supersedeas Release I. LAmbert 65. Yea by good Opinion 2 H. 7. 1. a Supersedeas of the Peace made by one Justice of the Peace under his Seal being brought into the Sessions is a sufficient Record to prove that there is a Recognizance of the Peace taken by the same Justice and it is Warrant enough to call the Party bound thereupon and if he makes default to Record the same infra II. Lambert 95 96 97 98 99. Hereupon also it hapneth often that such Persons as break the Peace chusing rather to be bound by any other Justice than by him that maketh the Warrant do offer themselves and do become bound before some other Justice and do withal procure a Supersedeas from him to be discharged of any other Arrest to be made upon them Crompt 138 b. pl. 9. 2. Yea and many times hearing of such Precepts for the Peace and misliking to be bound in the Country they go up to Westminster and give Surety of the Peace there either in B. R. for a time only as the manner of that Court is or in the Chancery for ever or for a time as they use it and do thereupon procure a Supersedeas from the Court where they are bound to close the hands of the Country Justices c. Dalt 168 cap. 69. 3. If therefore a Justice of Peace will by a Supersedeas Discharge a Precept for the Peace Awarded by his fellow Justice by vertue of his Office and not by force of a Supplicavit which is of a higher nature and cannot be so Avoyded then shall he do well to take the Recognizance after the self same sort in all points as the form of the Precept T it peace 24. doth require Crompt 138 b. pl. 9. 4. But this Supersedeas sent by a Justice of Peace is sufficient although it neither name the Sureties nor contain the Sums in which they are bound yet is it the better form to express them both as well because the higher Courts use so to do as also that if the Bayliff Constable or other Officer to whom it is delivered be called at the next Sessions by the Suit of him that sought to have the Peace to shew how he hath Executed his Warrant and do come in and shew forth the Supersedeas then the Party that is bound may be called thereupon at the day that he appeareth to be limited unto him by the Supersedeas for it is under the Seal of a Justice and doth testifie that the Party is bound and hath found Surety to appear at a certain day supra Dalt 168. pl. 69. And if he make default that being recorded shall be sufficient to cause him to forfeit the Penalty of the Recognizance although the Justice that Awarded it shall omit to bring in the Recognizance it self according as he ought now to do by the Statute 3 H. 7. § N. and this may be gathered upon the Opinion 2 H. 7. 1. and may also be seen by this form of the Supersedeas here under written Dalt 365. cap. 122. 5. W. S. Esquire one of the Justices of the Peace of our Soveraign Lord the King within the County of Kent to the Sheriff Bayliffs Constables Borshoulders and other the faithful Ministers and Subjects of our said Soveraign Lord within the said County and to every of them sendeth Greeting forasmuch as A. B. of c. Yeoman â—ath personally come before me at A. c. hath found â—ufficient Surety that is to say E. D. E. F. c. Yeomen either of the which hath undertaken for the said A. B. under the pâ—in of 20 l. and he the sâ—id A. B. hâ—th undertaken for himself under the pain of 40. l. that he the said A. B. shall well and trulâ— keep the Peace towards our sâ—â—d Soveraign Lord and all his Liege People and specially towards G. H. c. Yeoman and also that he shall personally appear before the Justices of the Peace of our said Soveraign Lord within the sâ—id County at the next General Sessions of the Peace to be â—olden at M. there Therefore on the behalf of our said Soveraign Lord I command you and every of you that ye utterly forbear and Surcease to Arrest take Imprison or otherwise by any means for the said occasion to molest the said A. B. and if you have for the said occasion and for none other taken or Imprisoned him that then you do cause him to be delivered and set at liberty without further delay Given at A. aforesaid under my Seal this last day of July c. Dalt 364. cap. 121. Crompt 2â—6 pl. 15. 6. This Supersedeas may also be in the name of the King under the Teste of the Justice of Peace thus Charles the Second by the Grace of God c. to the Sheriff c. Greeting Forasmuch as A. B. hath come before T. F. Knight one of our Justices of Peace within our said County and hath found c. we therefore command you and every of you that ye forbear c. Witness the said T. F. c. 7. Thus much of the Supersedeas issuing from a Justice of the Peace the which ought to withold and stay the proceedings of his fellow Justice in the said câ—use insomuch that if any Officer by any of their Warrants having tâ—is Supersedeas delivered unto him will nevertheless urge the Party to find new Surety for the Peace he may refuse to give it and if he be committed to Prison for such his refusal he may as I think have his Action of false Imprisonment against the Officer upon the same Dalt 168. cap. 69. 8. I read 21 Ed. 4. 40. that
Watch see Fresh-Suit VVax I. LAmbert 196. Every Justice of Peace may Examine and search by his Discretion such as do sell or set forth to be sold any Candles or other Works of Wax at higher Price than after the rate of four pence the pound over the common price of plain Wax between Merchant and Merchant and may also punish them by forfeiture of the work set forth to Sale and of the value of that which is sold and by Fine to the King 1. H. 6. 12. § N. as it seemeth by the large words of that Statute Lambert 461. Enquiry in Sessions Dalt 141. cap. 62. Crompt 92. Watermen see Sewers Wears see Sewers Weights see Measures Weapons see War Weavers see Drapery Wife see Baron and Feme Wildfowl see Fowl VVine I. LAmbert 451. Enquiry in Sessions if any Person Authorized to sell Wine by retail have within this year sold the same above the Prices thereof limited by the Kings Proclamation if there have been any 5 Eliz. 5. II. Crompt 95. Nota per Shard 27 Ass 22. That he that sells Wine against the Assize of the Law shall forfeit the whole Tonnel III. Dalt 175. cap. 74. Edit 1666. Every Justice of Peace as it seemeth by the words of the Statute 24 H. 8. 6. § N. within the precinct of his Office at the request of any Subject to whom denial of Sale shall be made of any Wine and full payment therefore offered according to the Prices set down by the Lords c. may enter into the places where such Wine shall lie and may sell and deliver the same Wine desired to be brought to the Person requiring to levy the same taking the buyers mony towards the Satisfaction of the Forfeiture c. 21 Jac. 28. § N. 2. Note That no Person may sell any Wine in any Town not Corporate but by Licence of the Justices of Peace in open Sessions by writing under the Several Seal of every of the said Justices upon pain of 5 l. for every day of so offending Co. Entr ' 370. Finches Case who recovered 500 l. in an Information upon 7. Ed. 6. 5. § N. notwithstanding the Queens Licence there pleaded in Bar of the said Action 3. And by 7 Ed. 6. 5. § N. in Towns Corporate no Person to sell but by Licence of the Maior Aldermen c. and that under the common Seal of the Corporation upon the same penalty quod Nota. See 12 Car. 2. cap. 25. Witness see Proof Woad see Drapery Woods I. LAmbert 404. There be sundry Laws that do give to Justices of the Peace a certain special or particular Power in them and do not yet yield unto them any Authority to enquire upon the same as 35 H. 8. 17 § 7. N. 2. of Woods c. II. Lambert 355. Two Justices of Peace not being of kindred Alliance Counsel or Fee to the Lord or Owner of a Wood appointed by the more part of the Justices of Peace at their Sessions upon Complaint of the Lord made unto them may divide and set out the fourth part of it if the Lord and Commoners thereof being first called before them cannot agree upon it 35 H. 8. 17. § 7 N. 2. 13 Eliz. 25. Crompt 200 Ab. Dalt 142. cap. 64. III. Lambert 601. Justices of the Peace may in their open Quarter-Sessions call before them the Owner of a Wood and 12 of the Commissioners there for setting out the fourth part thereof 35 H. 8. 17. § 7. N. 2. IV. Kilb. Precedents 220. A Warrant to search for stoln Wood c. upon a particular complaint to one Justice on 15 Car. 2. 2. § 2. N. 3. To the Constable and Borshoulders of the Hundred of A. in the said County and to every of them Kent ss Forasmuch as complaint hath been made unto me by A. B. Wood Vnder-wood Poles young Trees Bark or Bast of Trees Gates Stiles Posts Pales Rayles Hedgwood Broom or Furze were within five days now last past taken out of his Lands in L. in the said County and hath prayed such relief from me therein as by an Act of Parliament in such cases lately made I am Authorized to give These are therefore in his Majesties Name to will and command you and every of you that you some or one of you do enter into and search the Houses Outhouses Yards Gardens or other Places belonging to the Houses within the said Hundred of all and every Person or Persons which you shall suspect to have any of the said Wood c. and wheresoever you shall find any such to Apprehend or cause to be Apprehended all and every Person or Persons suspected for the cutting and taking of the same and them and every of them as also those in whose Houses or other Places belonging unto them any such Wood c. shall be found to bring before me or some other of his Majesties Justices of the Peace of the said County to be proceeded against as by the said Act is directed hereof fail not at your perils Given under my Hand and Seal the 10 day c. Anno c. V. Kilb. Precedents 221. A General Warrant to search for stoln Wood on 15 Car. 2. 2. § 2. N. 3. To the Constable and Borshoulders of the Hundred of A. and to every of them Kent ss Forasmuch as it is observed in these parts of the said County that Woods Under-woods Poles Young Trees Bark or Bast of Trees Gates Stiles Posts Pales Rayls Hedgwood Broom and Furze are unlawfully cut stoln spoiled and taken away from the lawful Owners of the same contrary to an Act of Parliament lately made intituled An Act for the punishment of unlawful cutting or stealing or spoiling of Wood and Vnderwood and destroyers of young Tymber Trees These are therefore in his Majesties Name to charge and command you and every of you that you do with all convenient speed enter into and search the Houses Outhouses Yards Gardens or other places belonging to the Houses within the said Hundred of all and every Person or Persons which you shall suspect to have any kind of such Wood Underwood Poles or young Trees or Bark or Bast of any Trees or any such Gates Stiles Posts Pales Rayls or Hedgwood Broom or Furze and wheresoever you shall find any such to Apprehend or cause to be Apprehended all and every Person and Persons suspected for the cutting or taking of the same and them and every of them in whose Houses or other Places belonging to them any such Wood Underwood Poles or young Trees or Bark or Bast of any Trees or any Gates Stiles Posts Pales Rails or Hedgwood Broom or Furze shall be found to bring before me or some other of his Majesties Justices of the Peace for the said County to be proceeded against as by the said Act is directed hereof fail not at your perils Given under my Hand and Seal the 10 day c. Anno c. VI. Kilb. Precedents 222. An Order against a Person
Green-wax See Process and Seals H HAbeas Corpus See Imprisonment Hares See Forest Harvest See Poor Hawks See Fowl Hay and Oats See Corn Hostler Hearing See Justices Tryal Hedge-breakers See Trespass Herring See Fish High-wayes See Wayes Homicide See Coron Horses See Cattle Horse-bread See Corn. Hospital See Poor Horn See Trades Hunting See Forrest Husband See Bar. Feme Hue and Cry See Fresh Suit Hand Guns See Games and War Shooting Harborers see Hostler Houses of Correction See Poor Harness See War Hundred See Franchises Sheriffs Constable Hydes See Leather Headboroughs See Constable Husbandry Hatts See Apparel Hearth-money See Taxes Hostler I JEsuits See Pope Indictments Information See Action â—ur Statute Ingrossing See Market Overt Inn-keeper See Hostler Inn-holder See Hostler Inrolement Iron works See Mettle Jurisdiction See Justices Justices Issues See Inquest Forfeiture Judgment See Justices Juglers See Games Jurors See Enquest Imbezilment See War and Records Imbraceors See Inquest and Maintenance Infants See Enfants Imprisonment Incontinency See Bastardy Inmates See Cottages Inquest See Enquest Ideot Incumbent See Encumbent Images See Religion Inventories See Ordinary Infidel See Religion Jews Intendant Jews See Religion Idlers See Poor K KIng See Prerogative Killing See Error Kidders See Corn Cattle Kings-Bench See Justices Certiorari L LAborers See Apprentice Larceny See Coron Leather License Livery See Maintenance Logwood See Drapery Law See Pleading Leet Lent See Dayes Fish Religion Libels See Slander London See Franchises Justices Lunaticy See Infant Leap Year See Dayes Linnen Cloth See Drapery Liberties See Franchises Lying in wait See Coron Long Bows See Games Loyterers See Poor Lords Day See Dayes Religion Ladder See Corn. Latten See Mettle Letters of Administration See Administration Lace See Drapery and Merchants Letters See Wayes Liquors See Ale M MErchants Marriage Masons Mainprise See Bail Maim See Affray Trespass Mavet See Corn. Man-slaughter See Coron Mass See Pope Master See Apprentice Menace See Affray Mean Acts See Dayes Minstrels See Games Misprision See Treason Mitigation See Amerciament Forfeiture Mittimus See Imprisonment Mortuary See Tythes Multiplication see Money Murder see Coron Militia and Musters see War Maintenance Market Overt Measures Milch Kine see Cattle Menace see Affray Mariners see Admiral May-Poles see Games Millers see Corn. Ministers see Ecclesiastical Persons Religion Mis-feasans see Officer Messages see Wayes Monasteries see Abbey Month see Dayes Marches see Wales Marshalsey see Coron Marshes see Husbandry Money Mettle Malice see Intendant N NOsme and Name and Addition Next Justice see Justices Noble see Dignity Peers Notice Nets see Fish News see Slander Night-walkers see Coron Night see Dayes Non sane memory see Enfant Nusance Navy see Admiral Ships O OAth Obligation see Bail Recognizance Offices of the Justice see Justices Officer Ordinary Oppression see Fees Orders of Sessions see Justices Overseers see Poor Oats and Oat-meal see Corn. Obedience see Oath and Pope Orchards see Trespass Oyles see Marchants Measures Ouster le mere One Justice see Justices Omission see Amendment P PArdon Parson see Encumbent Partridges see Fowl Parks see Forrest Peace Pedlers see Poor Peers see Dignity Penal Laws see Information Perjury see Oath Pety Larceny see Coron Trespass Pety Treason see Treason Physicians Plague see Poor Playes see Games Plaints see Information Poor Pope Pourdike see Sewers Power of the County see Force Power see Authority and Justices Possession see Seisin Execution Poysoning see Coron Homicide Preachers see Encumbent Religion Premunire see Pope and Coron Presentment see Indictment Priests see Pope Privy Sessions see Justices Priviledge Peers see Dignity Prisoners see Imprisonment Proclamation see Notice Process Promoters see Information Prophesying see Conjuration Punishment Pain and Penalty see Forfeiture Purveyors Putting out Eyes c. see Trespass Pewter see Mettle Principal and Accessory see Accessory Coron Pleading Pannel see Enquest Pictures see Religion Ponds see Sewers Precept see Process Pensioners see Poor Pillory see Coron Pound see Replevin Pursuit see Fresh Suit Proof Pety Constables see Constable Parliament Paving see Wayes Poulterers see Fowl Parishes see Poor Pyracy see Admiral Plow-land see Husbandry Posse Comitatus see Sheriffs Riot Presumption see Intendant Post Office see Wayes Property see Chattels Pety Sessions see Constable Q QUarter Sessions see Justices Quorum see Justices Quakers see Religion Quarelling see Affray R RApe See Coron Women Ravishment See Coron Women Recognizance Records See Justices Regrator See Market Overt Release See Peace Recognizance Replevin See Bail Cattle Process Request see Process Restitution see Force Rescous See Escape Imprison Force Resistance See Escape Imprison Force Rewards see Pain Riot and Rout. Rivers see Sewers Rogues see Poor Robery see Coron Fresh Suit Rome see Pope Razure see Records Recusants see Pope Rates see Taxes Poor Reconciliation see Pope Religious Houses see Abby Return see Certificate Religion Rebellion see War Riot Removal see Poor Settlement Relation see Days Reparation see Ways Ransom see Amerciament Revenue see Taxes Recordare and see Certiorari Removing see Certiorari R SAcrament see Religion Sabbath see Days Sanctuary see Coron Salmons see Fish Scavage or Shewage see Merchants School-Masters see License Seals see Deeds Seisin see Force Seminaries see Pope Sermons see Religion Servants see Apprentice Sessions see Justices Pety-Sessions see Constab Sewers Sheep see Cattle Sheriffs Shoomakers see Leather Soap see Measures Markets Soldiers see War Shooting Star-Chamber see Riots Statutes see Parliament Subpoena see Process Subsidy see Taxes Suggestion see Inormat Supremacy see Oath Supersedeas Sutety see Bail Recognizance Suspicion see Intendment Coron Swearing see Oath Subornation see Proof Oath Sedition see Slander Silk see Drapery Strangers see Alien Sacriledge see Coron Saltpeter see War Sectaries see Religion Shooting see Games War Stoln Goods see Larceny Coron Stewards see Leet Stock see Account Poor Taxes Summons see Process Warrant Sunday see Days Religion Supplicavit see Peace Swans see Fowl Searchers see Merchants Se defendendo see Coron Setlement see Poor Slander Stocks see Imprisoment Submission see Pope Suits see Information Surplusage see Account Supervisors see Poor Ways Spinsters see Drapery Wool Scotland Ships Shipwright Seamen see Admiral Silver see Mettle Stabbing see Coron Smoak-mony see Taxes Skinners see Leather Strays see Chattels Coron Stealing see Larceny Coron Striking see Affray T TAnners see Leather Taverns see Wine Testimonial see Poor Thirdboroughs see Constable Tillage see Husbandry Tile-making see Masons Tinkers see Poor Tythes Toll see Market Overt Taxes Traverse see Pleading Treason Trespass and Affray Tryals see Proof and Process Troop see Riot Truce see Admiral Turn see Sheriffs Tales see Enquest Trunks see Fish Taxes Tales see Slander Theft see Coron Transportation Ouster le mere Travelling see Ways Tipling see Ale Tokens see Forgery Collusion Trades see Apprentice Treasure see Mony Threats see Dures Affray Tinne see Mettle Tobacco see Husbandry Merchants Timber see Wood. Tumult see Riot Two and Three Justices see Justices U VAgabonds and Vagrants see Poor Venire facias see Enquest Process Vessels see Measures Victuals Unlawful Assemblies see Riot Unlawful Games see Games Under-Sheriff see Sheriff Universities see Franchise Usury Utlary Vi laica see Force Undertakers see Purveyors Villain see Poor Upholster see Drapery Violence see Affray W WAges see Apprentice Fees Wainlings see Cattle Warrants see Process Warrenors see Forrest Wax Weapons see War Weights see Measures Witchcraft see Conjuration Wines Woad see Drapery Woods Wooll see Drapery Women Watch and ward see Fresh Suit Wild-fowle see Fowle Way-laying see Coron Wayes Wagoner Waynes Watermen see Sewers London Wears see Sewers Witness see Proof Wales Writs see Process Waifs see Chattels Coron Weavers see Drapery Workmen see Apprentice Wife see Bar Feme Y YArn see Drapery Year see Dayes FINIS
1. saith Mr. Marrow if the Indictee be imprisoned in another County the Justices of Peace may Award an Habeas Corpus to remove him before them XVII Lambert 518. Nosme But if it be mentioned in the Endictment that the Endictee is dwelling in another County by the Alias Dictus only then it is out of the Case of the Statute of 8 H. 6. 10. § 2. N. 1. because the Alias dictus is not to be traversed 1 Ed. 4. 1. Crompt 149 b. 150 a. XVIII Lambert 518 519. Supersedeas But yet you must prseuppose that all this Process of Utlary may be staid by Supersedeas And F.N.B. 237. E. hath the Case That if an Exigent go out upon an Endictment of Trespass found before Justices of the Peace the Party may find Sureties in the Chancery body for body to appear at the day of the Writ and may then also have a Supersedeas thence to the Sheriff commanding him to forbear to take him and to let him go if he then have already taken him for that Cause And Co. Entr. 546. The Process upon such an Endictment staid by a Supersedeas issuing from one Justice of the Peace alone and testifying that the Party came before him and found Surety de fine assidendo Crompt 150. But as I believe the former so will I not perswade the Practice of the latter because I think it not in the lawful power of any one Justice of Peace to Award any such Warrant but that it must be done by two Justices of Peace at the least the one being of the Quorum as the Commission now standeth XIX Lambert 519. Endictment It seemeth by Mr. Marrow that the Process at the Common Law upon Indictments of Felony was but one Capias and then an Exigent for so it was upon an Indictment of Death 22 Ass 81. Stanf. 67. 2. But the old Precedents grounding themselves upon the Statute 25 Ed. 3. St. 5. cap. 14. do use the mention of two Writs of Capias before the Exigent For 25 Ed. 5. Stat. 5. cap. 14. § 1. N. 2. provideth that after the retorn of Non est inventus upon the first Capias another Capias shall be incontinently Awarded whereby the Sheriff shall be commanded to seize the Chattels of the Indictee and safely to keep them till the day of the Capias retorned and if he then also retorn Non est inventus and the Endictee cometh not in the Exigent shall be Awarded and the Chattels shall be forfeited But 25 Ed. 3. St. 5. cap. 14. § 1. N. 5. if he come and yield him or be taken before the retorn of the second Capias then the Goods and Chattels shall be saved unto him Lieu. XX. Lambert 520. And here also the Justices of Peace have power to send into a foreign County 2. For whereas by the Common Law no man could be attached upon an Indictment or Utlary of Felony but only in the County wherein he was Indicted or Outlawed whereby many Evil men were much encouraged 3. The Statute 5 Ed. 3. 11. § 1. N. 2. did take order that Justices assigned to hear and determine Felonies might direct their Writs to any County in England to take such Endictees whither soever they were removed Crompt 149 b. 4. On the other side if the Endictment be found in one County and the Indictee is therein named to be then dwelling in another County supra it appears what Process is to be c. Information XXI Lambert 520 521. The power of making Process upon Informations proceedeth from special Statutes and may not therefore vary from their Directions although they themselves do vary greatly one from another 2. For upon an Information given for the King before Justices of the Peace upon 8 Ed. 4. 2. § N. of Liveries they shall Award such Process as is made upon an Original Writ of Trespass done against the Kings Peace because the Information it self is by force of that Statute instead of an Original Writ Crompt 151. 3. And upon Information made unto them that an Alehouse-keeper hath done any act whereby he hath forfeited his Recognizance they may as supra Award Proces against him to shew Cause why he should not forfeit his Recognizance by 5 6 Ed. 6. 25. § 3. N. 2. but learn if that be meant of a Scire Facias or of some other Process Supplicavit XXII F. N. B. 250. G. And if a Man be Indict of Trespass before Justices of Peace and put in Prison by Process made thereon he may sue a Writ in the Chancery directed to the Sheriff that he take Surety of him to appear before the Justices at the Sessions c. and that he let him at large but the Justices of Peace may let him by Mainprise go at large if they will Certiorari 2. F. N. B. 250. H. And if a Man be Indicted of Trespass before Justices of Peace and be taken and put in Prison therefore he may sue a Certiorari to remove this Indictment in B. R. directed to the Justices of Peace and a Writ of Habeas Corpus directed that he bring the Record at his proper Charges before the King at the same day in his Bench c. Crompt 150. Market overt 3. F. N. B. 250. ◠And if a Man be Indicted of Forestalling and taken and put in Prison therefore he may sue a Writ in Chancery directed to the Sheriff that he take surety of him to appear before the Justices to answer of the Trespass c. and that then he may let him at large Crompt 150. infra Arrest XXIII Lambert Constable 16 17. And as these Officers ought to Arrest those that do make assault upon any private Person so also may they Arrest any such as shall make Assault or Affray upon themselves whilst they be in doing their Offices and may for that purpose both lawfully defend themselves and also take the Offenders and commit them to the Goal or carry them to a Justice of the Peace for the finding of Surety of the Peace 2. But if one do Assault a man in or nigh the High-way to rob him and be taken by the true man or by any other and be brought to the Constable or such other Officer of the Peace then ought such Officer not only to take him to his Ward but also to carry him before a Justice of Peace to cause him to give Surety of his good abearing 3. So if any man do suspect another of Murder or Felony and do declare the same to any such Officer of the Peace then such Officer may Arrest the suspected person and he shall do well do carry him to a Justice of the Peace together with him that doth suspect him to the end that they both may be Examined as appertaineth supra 4. Yea any Constables Borsholders Tythingmen c. may search within the Limits of his Authority for any persons suspected of Felony for it is a chief