personal appearance at the next general Gaol delivery or Quarter Sessions to be holden for this County then and there to testifie their knowledge concerning a Felony supposed to be done by A B. now a Prisoner in the Castle of G. And that you do then go with them to the same Justice with this Warrant And hereof c. Or thus W S. c. You are hereby required forthwith to warn the persons undernamed of your Parish to be before me at my dwelling house in D. upon Monday next by nine a clock in the morning to testifie their knowledge concerning certain felonious acts supposed to be done by A B. and C D. of c. And that your self be then there with this Warrant to shew how you have executed it And hereof c. Observations here We have seen a President in this form for this purpose That you cause to come before me the persons undernamed to â—estifie c. which we cannot but disallow for it's ambiguity For how shall he cause him to come Besides the word seems to import that he shall bring him in the nature of a prisoner which is not lawfull to do in this case To all Constables and other his Majesties Officers as well within the County of Gloucest as elsewhere in the Kingdome of England 6 Glouc. ss To command hue and cry W S. c. Whereas complaint hath been made unto me by L M. of c. Husbandman That upon Tuesday at night last being the tenth day of this instant November he was robbed of certain Linnen taken out of his house with some other things and that he hath manifest cause of suspicion of one N K. a lewd rogue here describe his personage and apparel These are therefore to require you and every of you to make search within your several Precincts for the said N K. and also to make Hue and Cry after him from Town to Town and from County to County and that as well by Horsemen as Footmen And if you shall find him the said N K. that then you carry him before some one of the Justices of the Peace within the County where he shall be taken by him to be dealt withal according to Law c. And hereof c. To all Constables and Tythingmen of the Parishes and Tythings within the County of Gloucest and every of them c. 7 Glouc. ss To apprehend one that hath dangerously hurt another W S. c. Forasmuch as I am credibly informed that I B. of your Town Blacksmith hath now lately dangerously hurt one T G. of your said Town Husbandman by a blow which he hath given the said T G. on the face and another on the back so as the said T G. is in dangeâ— of death thereby These are therefore straitly to charge and command you that immediately upon the sight hereof you or one of you do bring the said I B. before me or some other of his Majesties Justices of the Peace of this County to find sufficient sureties as well for his appearance before the Justices at the next Gaol-delivery to be holden for this County then and there to answer unto the premises and to do and receive therefore that which by the Court shall be enjoyned him as also that he the said I B. shall in the mean time keep the Peace towards our Soveraign Lord the King and all his Liege people but especially towards the said T G. And hereof fail you not at your peril Dated c. In some cases where any Statute doth give power to the Justices of Peace out of their Sessions to hear and determine either upon the confession of the offenders or upon examination of witnesses in all such cases it seemeth the Justices of Peace may grant out their Warrants against such offenders to appear before them to answer to their offences and thereupon may proceed to examine hear and determine the offence as being convict thereof upon such confession or examination without any indictment or process But where process are requisite they may be as followeth First if the offender be absent a Venire facias shall be awarded by the Justice or Justices of Peace under his or their own Tests and if thereupon the offender be returned sufficient and maketh default then a Distringas must be awarded which Distringas shall go forth infinite till the offender come in But if a Nihil habet c. be at the first returned then after the Venire facias first a Capias then an alias and after a pluries shall issue and after that an Exigent till the party be taken or yield himself or else be outlawed And these are the ordinary Process upon all Indictments of Trespass against the Peace or of other offences against penal Statutes not being Felonies or greater But these several Processes are usually grounded upon an Indictment to cause the offender to come in and to make his answer and therefore if he be present and confess such indictment information or offence then needeth no process for he must be committed to prison until he hath paid his Fine or given Sureties for it And these Process must be directed to the Sheriff except he be party and if so to the Coroners of the County and must be in the Kings Name and with a Non omittas but the Teste thereof may be under the Name of the Justice of Peace The form of these Process out of Sessions you may see in the Treatises of Justices of Peace at large Nevertheless all such process as well of Capias c. as of Outlary may be stayed by a Supersedeas issuing from other Justices of Peace out of Sessions testifying that the party hath come before them and hath found Sureties for his appearance to answer to the Indictment or to pay his Fine c. CHAP. V. About a Riot and forcible Entry The Record of a force found by the Justices own view 1 Glouc. ss MEmorand That the first day of March I S. complained to me W S. one of the Justices of Peace of our Soveraign Lord the King for the County of Gloucest that I D. of S. in the said County Yeoman and divers others unknown persons troublers of the Peace of the Kingdome the first day of May into the dwelling house of the said I S. in Dale in the said County with strong hand did enter and him the said I S. thereof disseised and the same house with strong hand and armed power doth yet detain and hold and therefore desired of me relief on this behalf to be yielded Whereupon I the said W S. immediately in person came to the said dwelling house to view the same And in the same house I then found the said I D. E F. of c. and G H. c. the same house with force and arms a strong hand and armed power to wit with Bows and Arrows Swords and Daggers Guns and other Arms defensive and offensive holding against
the form of the Statutes in that case provided And therefore I the aforesaid W S. the said I D. E F. G H. did then there arrest and cause to be sent to the next Gaol of his said Majesty for the said County within the Castle of Gloucest as convict of the said forcible detaining by mine own view and record there to abide till he shall make Fine to his said Majesty for his offences aforesaid Dated at Dale aforesaid under my Seal the day and year aforesaid The Record of a Riot upon the view of the Justices 2 Glouc. ss Memor That the first day of March we W S. and K L. Esquires two of the Justices of our Soveraign Lord the King now assigned to keep the Peace in the County of Gloucest at the complaint of I S. of W. in the County aforesaid Yeoman in our proper persons came to the dwelling house of the said I S. at W. aforesaid and there we found certain persons A B. c. and other evil doers and disturbers of the Peace of our Lord the King to the number of eighty persons in a warlike manner arrayed to wit with Swords Staves Bows and Arrows riotously and unlawfully gathered together and the same house so keeping to the great disturbance of the Peace of our said Lord the King and the terrour of his People and against the form of the Statutes in that case provided And therefore wee the said Justices of the Peace the bodies of the said A B. c. did then arrest and to the next Gaol of our Lord the King did then cause them to be carried by our Record of the Trespass aforesaid convict in our presence there to abide till they shall make their Fine to our said Lord the King for their trespass afore said In testimony whereof wâ— have put our Seals to this Record Dated at W. aforesaid the day and year aforesaid The form of the Mittimus to the Gaol W S. one of the Justices of the Peace of ouâ— Lord the King within his said County of Gloucest 3 Glouc. ss To the Keepers of his Highness Gaol within the Castle of Glouc. within the same County and to his Deputy there Complaint being made to me this present first day of May of a forcible and riotous detainer of a House made by K L. c. and M N. of c. the which having viewed I find to be true against the Peace of our said Lord the King and the Statutes in that case provided Therefore I send you by the bringers hereof the bodies of the said K L. and M N. convicted of the said forcible holding or Riot by mine own view testimony and record commanding you in his Majesties Name them to receive and safely keep in your said Goal until such time as they shall make their Fines to our said Lord the King for the said trespasses and shall be thence delivered by order of the Law of the Land at your peril Given at W. aforesaid under my Seal the day and year aforesaid The Precept to the Sheriff to return a Jury 4 Glouc. ss W S. c. To the Sheriff of the said County of Glouc. I command you that you make to come before me at c. time and place twenty four honest sufficient and lawfull men of the neighbourhood of W. within this County whereof every one shall have forty shillings of Lands Tenements and Rents by the year at least above reptises or to enquire if A B. c. and other malefactors and disturbers of the Peace of our Lord the King in one Messuage and twenty acres of Land of C D. of c. with a strong hand upon the possession of the said C D. did enter or the same with force do yet hold and occupy to require upon their Oaths for our said Lord the King of a certain entry or detainer made with strong hand in the Messuage or dwelling House of A B. at W. aforesaid against the form of the Statutes in that case provided And you are to see that you return upon every one of the Jurors by you to be impannelled twenty shilling of issues at the same day of return And hereof you are not to fail under pain of twenty pounds which you know you are to bear if you be negligent in the premises Witness me the said W S. the first day of c. The Verdict of the Jurors 5 Glouc. ss An inquisition for our Lord the King taken at Dale in the County of Gloucest the first day of May by the Oaths of A B. C D. good and â—awfull men of the County before W S. one of â—he Justices of our said Lord the King to keep the Peace in the said County assigned and to hear and determine divers Felonies Trespasses and other evil deeds committed in the same County who say upon their Oaths that C L. of c. Yeoman was lawfully and peaceably seised in his demesne as of Fee of and in one Messuage c. with the appurtenances in Dale aforesaid and his possession and seisin aforesaid so continued until A B. c. and other unknown persons the first day of May by Force and Arms to wit with Swords and Staves Bows and Arrows into the said Messuage entred and the said C D. thereof disseised and with a strong hand him expelled and him the said C D. so disseised and expulsed from the said Messuage c. from the aforesaid first day of May until the day of the taking of this inquisition with the same strength and armed power have hitherto kept out and yet doth keep out to the great disturbance of the Peace of our said Lord the King and against the form of the Statutes in that case made and provided whereas none of them nor any other whose state they or any of them had or have or any thing in any parcel thereof had or have within three years last before his said Entry nor at any time before to the knowledge of the said Jurors Warrant for Restitution 6 Glouc. ss W S. c. To the Sheriff of the said County Greeting Whereas by a certain inquisition of the Countrey taken before me at Dale in the County aforesaid the day of c. upon the Oath of A B. C D. c. and according to the form of the Statute in that case of forcible entry provided It was found that A B. c. and others c. as it is in the Inquisition under those words in that case provided as by the said inquisition doth more fully appear of Record Therefore on the part of our said Lord the King I command and require you that you all together with the power of the County if need require go to the said Messuage and other the premises and the same with the appurtenances do cause to be resâ—ised and the said C D. to and in his full possession there of as he was in before the same Entry you cause
incontinency or common harbourers and entertainers of Whores Rogues or Thieves or common Robbers of Orchards or have sold Ale or Beer without License and contrary to the command of the Justices of the Peace or are idle persons wandring up and down fare well and spend much in Ale-houses and having no known and visiblâ— estate to maintain it or that I S. hath begotteâ— a bastard child on the body of the said M. anâ— that the same is like to be chargeable to the Parish of Dale or that he had his hand in the sending away of L M. the reputed Father of a bastard child there left to the charge of your Parish These are therefore to authorize and require yoâ— and every one of you forthwith to cause to come and in case of refusal to apprehend and arrest the said I S. and M. and them to bring before me or some other Justice of the Peace of this County â—â— the end that they may find sufficient Sureties fâ—â— their appearance at the next General Sessions of the Peace to be held for the County of Gloucest and in the mean time to be of good behaviour towards our Lord the King and all the People of this Commonwealth And if they shall refuse â—â— do the same that then you carry c. as in the last to the end And hereof c. 3 Glouc. ss Another of the same W S. c. To c. These are to require you that immediately upon sight hereof you cause to come or bring before me I S. of c. to answeâ— to such matters as on the behalf of the Kings Majesty shall be objected against him by the complaint of M M. And also that you require him tâ— bring Sureties with him for his good appearing tilâ— the next General Sessions of the Peace to be held for the County of Glouc. And hereof c. 4 Glouc. ss For the reputed father of a bastard child W S. Esquire c. To the Constable of c. Whereas it is proved before me that M S. of c. single woman is with child of a bastard child and that I S. is the reputed Father of it These arâ— therefore to authorize and require you and everâ— of you that presently upon the receipt hereof yoâ— cause to come or bring the said I S. and M S. before me or some other Justice of Peace of this County to find sufficient Sureties as well for their appearance c. as in the last And hereof c. 5 Glouc. ss Against one indicted W S. c. To c. It appearing to me by the Records of the Sessions of the Peace for this County that I S. of your Parish of D. stands indicted there for selling Ale and Beer contrary to the command of the Justices of the Peace And that he hath not as yet appeared nor pleaded to the same indictment and that the same is still depending and in force against the said I S. These are therefore as in the last And hereof c. And thus may any Justice of Peace do upon any Indictment for such an offence as for which a man doth deserve to be bound to the good Behaviour as for Incontinency common Swearing common Drunkenness and the like 6 Glouc. ss Another very short for the good Behaviour W S. c. To c. I S. of your Parish of D. being duly convicted before me of such matter of misbehaviour as for which he ought to be bound with Sureties for his good behaviour These are therefore c. as in the rest This last Warrant may serve in any case or for any cause whatsoever for which a man is to be bound to the good Behaviour unless it be where the offender is to be bound for a limited time onely And then the Warrant may say I S. being convict before me of such an offence for which he is to be bound to the good Behaviour seven years These are c. as in the rest but say To the end he may be bound with Sureties c. for seven years c. And hereof c. A Warrant for the Peace upon a Supplicavit G M. one of the Justices of the Peace of our Soveraign Lord the Kings Majesty within the County of L. To the Sheriff of the said County the Constables of the Hundred of W. the Borsholdeâ— of the Town of M. and to all and singular the Kings Majesties Bailiffs 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 ouâ— said Soveraign Lord in these words reciting the whole Writ of Supplicavit which many times differs in form because it is sometimes directed to all the Justices of Peace sometimes to them and the Sheriff and sometimes to one Justice alone or reciting onely the effect of the Supplicavit thus Know ye that I have received the Commandment of our said Soveraign Lord to compel A P of M. in the said County Yeoman to finde sufficient Surety for his Majesties Peace by him to be kept towards C D. of the said Town of M. Tailâ—r And therefore on the behalf of our said Soveraigâ— Lord I command and charge you joyntly and severally that immediately upon the receipt hereof you cause the said A B. to come before me aâ— M. aforesaid to find sufficient Surety and Mainprize for the Peace to be kept towards our said Soveraign 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 conveyeâ— to the next Gaol 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 the next General Sessions of the Peace to be holden at N. there to answer to our said Soveraign 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 with you this Precept Given at M. aforesaid under my Seal c. The Return upon the back of the Supplicavit may be thus The Execution of this Writ appeareth in a certain Schedule to the same Writ annexed Then may that Schedule be thus I G M. one of the Keepers of the Peace of our Lord the King in the County of L. certifie into the Chancery of our said Lord the King That by vertue of that Writ unto me by C D. in the same Writ named being first delivered personally before me such a day and year have caused to come A B. in the said Writ named and the same A. have compelled to find sufficient Surety and Manucaptors for the Peace according to the form of the said Writ In testimony whereof to this my present Certificate I have set
of I K. of your Parish or robbed his Orchard of Apples or cut his Hedges Pales or Fences or digged and pulled up his Fruit-trees or cut and spoiled his Trees and standing wood in Dale aforesaid to the value of ten shillings and that I B. of your said Town Butcher hath procured and abetted him so to do and received from him and bought of him divers of the same things to the great damage of the said I K. contrary to the Act of Parliament in that case provided I do therefore hereby require and order that the said I S. This is grounded upon 43 Eliz. chap. 4. shall within eight days after notice to him given of this Order pay to the said I K. ten shillings and that the said I B. do within three days after notice to him given of this Order pay to the said I K. twenty shillings in recompence to him for his wrongs aforesaid And that these payments be made in the presence of the said Constable hereby commanded upon request to see it done And hereof you are forthwith to give them notice and if either of them shall not pay the same that then you give me notice thereof to the end that they may be whipped according to the Statute in that case provided And hereof c. Dated at D. c. We think it not safe to give a Warrant to the Constable for non-payment to whip for how shall the Constable take conusance of it or the offender be convicted of it But rather let the Justice give his Warrant at first to whip him after this manner 3 Glouc. ss W S. c. as in the last to those words in that case provided Wherefore the premises considered and that I judge the said offenders I S. and I B. unable to make satisfaction for the said wrong I do hereby order that they be forthwith committed to you the said Constable of Dale to be whipped the which you are hereby required forthwith to do at your peril Given at L. in the said County under c. The Officer is here to be punished by imprisonment for his neglect if he do it not But how he shall be convicted of the offence out of a Sessions and by Indictment we know not any way and therefore offer no Presidents of Warrants for this 4 Glouc. ss For unlawfull weights and measures W S. Esquire c. To the Churchwardens and Overseers of the Poor within the Parish of D. in the County of G. and to every of them I S. of your Parish of D. being lawfully convicted before me for selling by unlawfull weights or unlawfull measures and that he the first day of May last at Dale aforesaid sold a pound of Currants Either of them wâ—ll serve by a pound weight or for selling a yard of Holland by a yard not being according to the Standard of the Exchequer contrary to the Act Grounded upon 16 Car. 19. of Parliament in that case provided whereby he hath forfeited to the use of the Poor of your Parish five shilling to be levied by the Churchwardens and Overseers of the Poor The Church-wardens and Overseers are to do it without Warrant These are therefore to give you notice hereof and that you and every of you are by your Office forthwith to levie the same five shillings of the goods of the said I S. by distress and sale thereof rendring to him the overplus And in case you do receive the same money that you do imploy it to the use of your Poor and give account thereof in the end of your year accordingly And hereof c. Another Either of them is sufficient W S. c. To c. I S. c. being lawfully convicted before me that he such a time and place did keep in his house or shop a pound weight whereby he did usually buy and sell or for keeping a yard-measure whereby he did usually buy and sell the same not being according to the Standard of the Exchequer c. We know no other Warrant touching this matter to be made by the Justices of the Peace out of their Sessions of the Peace For shooting in Guns If any man desire to put the Laws in execution against any man for shooting in a Gun he may see the form of the Warrant and course of proceeding in Daltons Just of Peace Chap. 126. CHAP. XX. Of Recognisances and Bail and Mainprise 1. Recognisance what it is A Recognisance is a Bond of Record testifying that the Recognisor doth owe a certain sum of money to our Soveraign Lord the King with Condition that the Recognisor shall do some other thing for the which he is bound in that sum in the nature of a penalty Wherein these things are to be known 1. Justices of the Peace do take Recognisances for the Peace good Behaviour to bind men to appear at the Assizes at the Sessions and for many other causes And for this any one Justice may do it But to Bail a Prisoner for Felony take a Recognisance of an Ale-house-keeper and de some other things there must be two Justices to do it and one alone cannot do it 2. What sum the parties shall be bound in or what Sureties the Recognisor shall have to be bound with him it is left to the discretion of the Justice or Justices that doth take the Recognisance in cases where the Law doth not set down the certainty as in some cases it doth and there they must not vary from what is prescribed in the persons bound sum or manner of the Recognisance But for the Peace and good Behaviour appearance at the Assizes and Sessions to give Evidence and the like the Justice may bind with what Sureties and in what sums he pleaseth 3. It is said that Justices of Peace cannot bind over an offender against a penal Law within their conusance not within the Commission of the Peace nor committed to the power of any Justice of Peace except it be in a special case where the Law it self doth enable them to do it 4. All such Recognisances must be made to our Soveraign Lord the King himself and to none other and in his own name 5. The Justice of Peace need nâ—t affix his Seal to the Recognisance but he must put his Name to it and then it is good enough Of Bail and Mainprise Bailment what it is BAilment or Mainprise which is one kind of Recognisance is the saving or delivering of a man out of prison before that he hath satisfied the Law by taking Surety of him that he shall appear and do it Wherein these things are to be known 1. The Justice of Peace must not bail one that is not bailable by Law And on the other side he must bail him that is bailable by Law or he may be punished 2. In case of Felony there must be two Justices of Peace and they two together present with the Felon to bail him 3.
power or direction given by the Statute so to do But we dare not advise men so to do being unsatisfied of the lawfulness thereof But we agree it to be clear and safe that after the offender is indicted of the offence and the Bill found or after the offence found by Presentment of the grand Jury to be bound over to the next Quarter Sessions to answer it and also to put in Sureties for his good Behaviour in the mean time if the offence for which he is indicted will warrant it As if he be indicted for selling Ale contrary to the Justices order or the like So also in cases where a Law doth give a special command and power to any Justice of Peace to bind over an offender to the Sessions as the Statute of 5 Eliz. 4. touching Masters and Apprentices the Law of 23 Eliz. 10. touching Hawking in eared or codded corn 1 Ed. 6. chap. 1. 23 Eliz. chap. 10. and some others do In these cases they may bind them over before Indictment But then it is best first to send a Warrant of Summons to call in the party offender before the Justice to answer the matter and then if he appear and he see no cause to forbear to bind him over to do it And if he do not appear then he may send for him and bind him over and bind him to the good Behaviour also for his contempt For which there are Presidents prepared amongst the Presidents set down in this Book 19. Where a Statute doth give power to a Justice of Peace to compel men to do any thing in order hereunto he may send his Warrant to require them to come before him and in case of their refusal proceed in the law 20. The Justices of the Peace may send their Warrants for any thing that doth relate to a special Sessions either to compel appearance or attendance there or execution of any thing there done under their own Hands if they plâ—ase or they may let it be done by the Clerk of the Peace as the business of the Quarter-Sessions is done 21. What may be done by the Warrant of one Justice of the Peace alone may be known by the penning of the President for if it be penned to be made by one Justice as W S. c. Whereas it hath been proved before me c. then you may be sure that one Justice of Peace alone may do the thing contained in the Warrant And where two are named there in most of the cases two are necessary 22. The same President that serves upon a conviction by witness will serve upon a conviction by view or hearing For I S. being lawfully convicted before me is appliable to either and will serve to both 23. It is a good close of every Warrant sent to an Officer to require him to give an account how he hath executed it after this wise And that you be then there with this Precept to give us an account of your execution of it Or thus And that you give me an account within fourteen days next following of your execution of my Warrat 24. Where a Statute is penned thus That the Constables or Churchwardens by Warrant from a Justice of Peace shall be enabled to do an act in this case we conceive the Justice may justifie the making of that Warrant 1. Warrants and Presidents which concern the exercise of the Office of a Justice of Peace out of the General Sessions are of several sorts viz. They concern either Treasons Felonies Misprisions Praemunires forcible Entries forcible Detainers Riots Routs and unlawfull Assemblies Security of the Peace and good Behaviour or other misdemeanors or offences of several sorts 2. As concerning Treasons and Felonies upon Information made of any Treason or Felony committed any one Justice of Peace may direct his Warrant to the Sheriff or to the High-Constables or Petty Constables or to all or any of them to make search for the Traytors or Felons and also for the stolen goods A Warrant to apprehend a Traytor may be thus A B. Esquire one of his Majesties Justices of Peace within the County of E. To the Sheriff of Comitat. Essex the said County and to all High-Constables Petty-Constables and other his Majesties Officers Greeting c. Whereas M N. and S T. are vehemently suspected to have committed Treason whereof I have received Information These are therefore in His Majesties Name straitly to charge and command you and every of you upon sight hereof without any delay within your several Bailiwicks Hundreds and Constablewicks to make diligent search for the bodies of the said M N. and S T. and them or either of them so found to arrest and attach and immediately upon such arrest to bring before me at my house at D. in the said County whereof you may not fail at your peril Sealed with my Seal and dated the first day of J. in the twelfth year of the Reign of our Soveraigne Lord King Charles the Second c. The like Warrant may be made for the apprehension of Felons mutatis mutandis When any such Traytors or Felons shall be so arrested and brought before the Justice of Peace the Justice must take the Examination of the Traytors or Felons in writing but not upon Oath and must examine them upon all circumstances whereof he shall receive Information from the Accusers and upon such other circumstances as he in his own discretion shall think fit for the discovery of the Treason or Felony The form of the Examination may be thus The Examination of A B. c. taken before me C D. one of his Majesties Justices of Peace in the County of M. the first day of S. in the twelfth year of the Reign of our Soveraign Lord Charles the Second by the Grace of God King c. The said Examinate being duly examined saith c. and so set down every particular answer that the prisoner shall make to the questions that shall be demanded of him This being done the Justice of Peace must take the Examination of the Accusers and such other as can give any Evidence material against the prisoner and their Examinations must be taken in writing severally and that upon Oath The form whereof may be thus The Examination of D E. taken before me G H. Esquire one of his Majesties Justices of Peace in the County of E. the first day of M. in the twelfth year of the Reign of c. This Examinate being duly sworn upon the holy Evangelists and examined upon his Oath saith c. and so set down at large all the material circumstances that he shall declare to prove the Treason or Felony This being done the Justice of Peace must make a Mittimus to convey the prisoner to the County Gaol several forms whereof you may see towards the end of this Book A Warrant for the bringing forth of Corn in the time of dearth To the Churchwardens and Overseers of the Poor of D. and to
my Seal Dated at c. The like proceedings may be made into the Kings Bench if it issue thence mutatis mutandis but the Justice â—eed not return it nor make a Certificate till a Certiorari come CHAP. VIII About Witnesses Glouc. ss To call witnesses VV S. c. To the Constables of Dale You are hereby required forthwitâ— to warn I S. of your Parish to come before me on Monday by 9 a clock in the morâ—ing to testifie his knowledge on the behalf of the Kings Majesty And not to fail c. Another of the same You whose names are subscribed are hereby required to appear before me c. to gâ—ve in evidence on the behalf of the Kings Majesty And not to fail c. To the Constables of Dale For as much as I S. of your Town Yeomaâ— is thought to be a fit and necessary Witness to â—â— Or thus examined on the behalf of the Kings Majesty These are to command you that you do forthwith warn him personally to appear before the Justices of the Peace at the next Sessions of thâ— Peace tâ— be holden for this County then and there to testifie his knowledge on the behalf of his said Majesty to and upon such matters as he shall be then and there examined of And hereof c. CHAP. IX About Watch and Ward Glouc. ss VV S. and I S. two of the Justices c. To the High Constable of the Hundred of W. and all the Petit Constables within the same Hundred Information being given to us that very many suspicious persons do wander about the County without controlment or question For the preventing therefore of this in time to come It is by us ordered and you are hereby all of you straitly charged to look to your Offices herein and to see that you keep a carefull and strong Watch by night and Ward by day from Sun to Sun in all the Parishes and places within your Hundred by able and well armed men and to charge them that they do pose all men and arrest vagrants and persons that are suspicious and bring them to a Justice of Peace to be examined and dealt with according to the Law And all persons whatsoever are by us hereby commanded to be aiding assisting and obedient to you herein under pain of contempt And you the said Officers are to present to us the default of the refusers and them that are otherwise And you the said High Constable are to give notice hereof and a strict charge herein to your Petit Constables as you will answer the contrary Given under our Hands c. It being proved to me by I K. of the Parish of D. that the first of May c. he the said I K. being then the Constable of Dale commanded I S. c. aforesaid to keep watch with the inhabitants of the Town of Dale from Sun-setting of that day till Sun-rising of the next day but he refused and denied so to do and made default therein by which the watch at that time was not kept c. These are c. To bind him to the good Behaviour CHAP. X. About Ale-houses Ale-house-keepers Drunkards c. To all Officers whatsoever 1 Glouc. ss A license to keep an Ale-house VVE the Justices of Peace and Quorum for the County of Glouc. do license and authorize I S. of Dale in the said County to keep a common Ale-house or Tipling-house and to use common selling of Ale Beer This is grounded upon 5 and 6 of Ed. 6. 25. oâ— Cider in the said Town of D. according to the form of the Statute in that case provided under the Orders and Articles hereunto subscribed for one year onely next after the date hereof Witness our Hands and Seals this c. Orders to be observed by all the Inne-keepers and Ale-house-keepers 1. That they suffer no persons to be Tipling in their houses against the Laws herein provided 2. That they suffer not any persons to play at unlawfull games in their houses 3. That they suffer none but such that have necessary occasion to be or remain drinking in their houses on the Lords day 4. That they suffer none to be drinking there at unseasonable times of the night 5. That they suffer none other disorder or misrule in their houses 2 Glouc. ss To suppress an alehouse W S. and K S. two of c. To the Constables of Dale within the County of G. Whereas we are informed that I S. of your Town Ale house-keeper is himself a man of evil behaviour and doth also suffer ill rule and disorder in his house contrary to the Lawes in that case provided These are therefore to require you forthwith to repair to the house of the said I S. and to charge him from us and in our names to surcease from common selling of Ale or Beer at his peril Given c. 3 Glouc. ss To commit an alehouse keeper for selling without license Upon 5 and 6 Ed. 6. 25. W S. and K S. c. To the Constables of D. in the County of G. and every of them Whereas I S. of D. in the said County hath of his own authority taken upon him to keep a common Ale-house in D. aforesaid and still continueth so to do contrary to the Statute in that case provided albeit he hath been duly discharged and forbidden so to do by the Justices of the Peace of the County We therefore do hereby command you that you do him apprehend and convey him to the common Gaol of this County and him deliver to the Keeper there who is hereby charged to receive him at your the said Constables hands and him safely to keep for three days and afterwards till he become bound with good Sureties befere some Justices of the Peace of this County that he shall not keep a common Ale-house or Tipling-house any more according to the Statute in that case provided And hereof c. Observations upon this Warrant We find this President amongst their Printed Warrants but do not find a good ground for it Nor can we see how the Justices may safely make it for we know not how the offender may be convict upon 5. and 6. of Ed. 6. but by Indictment But if the Ale-house-keeper sell after he is discharged this is a contempt and then we conceive upon proof of this any Justice of Peace may send for him and bind him to the good Behaviour and to appear at Sessions and if he cannot put in Sureties may send him to Gaol And by this way Ale-house-keepers may be made to give over their selling of Ale Or he may proceed against him upon the Statute of 3 Car. 3. by the Warrant that comes after here Numb 10. 4 Glouc. ss Against the Ale-house-Keeper for suffering tipling and he tipler or tipling W S. Esquire c. To the Constables of Dale in the County of G. and every of them Or it
10. The condition c. That if the within bounden I S. shall personally appear before the Justices of the Gaol-delivery to be holden in the said County of Glouc. at the next Assizes and Gaol-delivery there or before the Justices of the Peace of the County of Glouc. at the next general Sessions of the Peace to be held in the same County to do and receive that which by the Court shall be then and there enjoyned him and shall not depart thence without leave of the Court. And that in the mean time he be of good Behaviour and do keep the Peace of our Lord the King toward his Highness and all his People c. that then c. Another to the same purpose 11. The Condition c. That whereas the within bounden I S. hath now lately dangerously hurt one L M. of c. so as the said L M. is thereby in danger of death If therefore the said I S. shall make his personal appearance before the Justices of the Gaol-delivery at the next General Gaol-delivery to be holden in the County of Gloucest then and there to make answer to the premises and to do and receive that which then by the same Court shall be enjoyned him That then c. Another 12. The Condition c. That if the within bounden I S. shall personally appear c. then and there to make answer to such matters as on the behalf of our Lord the King shall be objected against him by I D. of c. concerning c. then shew the matter briefly and conclude as in the rest before That then c. So in the Condition for the Peace and good Behaviour they may be made after the same manner by changing onely that which is to be changed But if the Condition be annexed to the Recognisance as it must be to the latter sort of Recognisances above named that conclude thus Under the Condition following viz. then must they run in this manner For the Peace 13. That the said I S. shall personally appear at the next general Sessions of the Peace to be holden for the said County and in the mean time that he shall keep the Peace towards our said Lord the King and all other the people of this Common-wealth of England and chiefly towards L M. For the good Behaviour 14. That the said I S. shall personally c. as in the last and in the mean time that he shall be of good Behaviour towards our Lord the King and all c. as in the last Where divers Recognisances are to be taken at once some have â—sed to put them all in one Roll of Parchment together after this form 15 Glou. ss For Ale-house keepers 15. Md. That at Dale in the County of Glouc. the first day of May c. I S. Victualler of c. came before me W S. Esquire c. and did acknowledge that he did owe to our Lord the King and his Successors by way of Recognisance twenty pounds of lawfull c. And G H. of c. and I K. of c. did then also acknowledge to owe to our said Lord the King ten pounds a piece of lawfull English money by way of Recognisance to be levied of each of their c. under this Condition following viz. That the said I S. being licensed to keep an Ale-house in the Town of Dale for one year now next following shall not during the said term suffer within his said house any play at unlawfull Games but shall there use and maintain good order and rule And then write under this 16. G H. of I. c. did then and there acknwledge to owe to our said Lord the King ten pounds and N O. of c. and P Q. of c. did then and there acknowledge to owe to our said Lord the King five pounds a piece in manner as aforesaid and under the condition aforesaid And so for the rest Observations upon this Warrant I cannot warrant the latter end of these Recognisances to be good but am rather inclined to believe they are all of them but the first naught And therefore do advise the Justices of the Peace and their Clerks to make them at length and to decline this form Another form for the Peace or good Behaviour 17. Memorand That A B. of C. c. D E. of F. c. G H. of I. c. such a time and place came before me W S. Esquire c. and became Manucaptors and undertook for T O. of c. That he should keep the Peace or be of good Behaviour towards our Lord the King and all his People and especially towards I D. every of the Manucaptors under pain of ten pounds a piece and T O. under pain of twenty pounds and that the said T O. shall appear before the Justices of the Peace c. The Form of the Release of the Peace Memorandum quod primo die Julii c. prafatus E F. xenit noram me praefato T P. gratis remisit relaxavit quantum in se est praedictam securitatem pacis per ipsam coram me versus supraâ—â—â—inatum B C. petitam In cujus egâ— Testimonium â—â— praefat T P. c. Dat. c. CHAP. XXI Of a Mittimus What it is A Mittimus is an Order of Commitment of the person of a man to Prison by a Justice of Peace to an inferiour Officer for the time the Law appointeth for some offence by him done And as touching this in general you may obserâ—â— these things 1. In every Mittimus care must be had to set down these two things First the offence Secondly the true manner and time of punishment 2. That there is very little difference between a Mittimus and a Warrant of Commitment This is to the Officer to take and carry a man to Prison and that to deliver him to the Gaoler which doth imply a taking and carrying both are to carry to Gaol It may be easie therefore to change the form and the one President may serve for a light by which to make the other 3. The Title and form of one of these hereafter set down may serve to direct all the rest 4. By these forms hereafter set down any other may be easily drawn with very little alteration 5. If the Mittimus be for a Felony and the Felon hath confessed it upon his examination the Mittimus must say so for then he is not bailable Divers Forms of Mittimus A Mittimus for Felony to the Gaol 1 Glouc. ss W S. and I S. Esquires two of the Justices c. To the Keeper of the Gaol within the Castle of Glouc. or his Deputy there being We send you herewithal the bodies of A B. and C D. charged before us with the felonious using and practising of Witchcraft upon the body of a child of K L. or charged before us by T C. of K. in the County of G. with robbing him on
he shall continue with you and be in his good health you do hold him to work and punish him by putting fetters and gyves upon him and by moderate whipping of him And that you give him no more for his maintenance then what he shall deserve or earn by his labour And that you have the said I S. and this Precept at the said next Quarter Sessions A Mittimus of a vagrant or disorderly person 9 Glouc. ss W S. c. We have sent you herewithal the body of E C. of G. in this County being an idle dissolute and disorderly person and one that liveth idlie and wandreth begging about the Countrey and brought before us by the Constable of Dale whom you are hereby required to receive and him to keep in your Bridewel to work until he shall be from thence duly delivered by order and course of Law And in the mean time you are to keep him to work and see to it that he have no more for his maintenance then what he can get by his work And hereof c. A Mittimus for one thae runneth away and leaveth her Charge to the Town 10 Glou. ss W S. c. We have sent you herewithal the body of I L. of W. in the said County single woman being lately delivered of a child and one that is able to labour and thereby to relieve her self and her said child and hath notwithstanding lately run away and left her child upon the Parish to the charge of the same Parish contrary to the Statute in that behalf provided These are therefore to require you to receive her c. as in the last W S. c. We send you herewith the body of I S. of c. for that she being a poor woman able to work and having a great charge of children and like to charge the Parish she doth threaten to run away from her charge and leave it to the Parish These are therefore c. as in the last A Mittimus of the Mother of a Bastard-child 12 Glou. ss W S. We send you herewithal the body of I C. of W. in the said County single woman lately delivered of a Bastard-child likely to be chargeable to the Parish of W. aforesaid and for that the said I C. is able to labour and that thereby she may the better relieve her self and her said child These are to require you to receive the said I C. in your Bridewel there to be punished and set on work during the term of one whole year acccording to the Statute in that behalf provided Observations upon these three last Presidents These three last Mittimus being grounded upon 7 Jac. 4. it is good to advise upon them for the Statute doth not prescribe any way of Conviction unless it come under the general words of 39 Eliz. 4. that these be taken for idle and disorderly persons for that being proved before by two witnesses before two Justices one of them being of the Quâ—rum this is a Conviction of Law For a Mittimus for a forcible Entry see it in Chap. 6. CHAP. XXII About a Supersedeas The Form of Supersedeas 1 Glouc. ss W S. To the Sheriff Bailiffs Constables and other the Officers and Ministers of our Lord the King for the keeping of the peace within the County of Gloucest and every of them Forasmuch as A B. of c. hath personally come before me at Dale in this County and hath found sufficient sureties that is C D. of c. and E T. of c. either of which hath undertaken for the said A B. under pain of ten pounds a piece and he the said A B. hath undertaken for himself under pain of twenty pound that he the said A B. shall well and truly keep the peace towards our Lord the King and all his people especially towards G F. of c. Yeoman and also that he shall personally appear before the Justices of the peace of the said County at the next general Sessions of the peace to be held for the same County Therefore I command you and every of you that you utterly forbear and surcease to arrest take â—mprison or otherwise by any means for the said cause to molest the said A B. And if you have for the said cause and none other taken or imprisoned him that then you do cause him to be delivered and set at liberty without further delay Given at Dale aforesaid under my Hand and Seal c. Another for the same 2 Glouc. ss 2. For the Peace W S. Esquire c. To the Sheriff of the County of Glouc. c. and to all Constables c. Forasmuch as I S. of c. hath come before me and found sufficient surety that he shall keep the peace towards our Lord the King and all his people especially towards I K. of D. aforesaid and that he shall personally appear before the Justices of the Peace of the said County at the next general Sessions of the peace to be holden for the said County Therefore I require and command you and every of you that you do altogether forbear and surcease to attach arrest or imprison him the said I S. or otherwise to molest him by any means for the said cause And if you have upon any Precept for the peace and for that cause and none other already taken and imprisoned him that then you do cause him to be delivered and set at liberty without further delay And this shall be your Warrant Given c. For a Felony There may be a Supersedeas in case of Felony where the prisoner is bailed thus Because A B. of c. hath come before us c. and put in sufficient bail to be before c. to answer the Felony wherewith he is charged c. Or thus 3 Glouc. ss W S. c. To c. Forasmuch c. I do therefore require you that from compelling and imprisoning the said A. and his Wife or either of them any security for the peace towards our Lord the King and all the People of this Common-wealth before you or any of you again to find you do supersede or cause to be superseded And if c. that then you do immediately them out of such prison in which they or either of them are detained deliver or cause to be delivered c. Observations upon these Warrants This last Supersedeas is good though it name â—either the sureties nor the sums wherein they are bound but it is held the better Form to express both 4 Glouc. ss Upon a Supplicavit against an Infant W S. To the Sheriff c. Know ye that I have received a Writ of our Lord the King in these words Charles c. reciting all the Writ word for word Forasmuch as C D. of c. and E F. of c. and the said A B. being the Infant against whom the Writ of Supplicavit was granted have personally
this Cabinet and Fitz. Nat. Brev. 242 c. Or the Justice of Peace may deliver the same into the Kings Bench without Certiorari he being a Judge of Record Of a Record or a Certiorari It may be done on the back of the Writ thus I W S. c. one of the Justices of the Peace of our Lord the King in the County of Gloucest The tenor of the security of the Peace of which there is mention in this Writ or whereof there is mention herein to our said Lord the King into his Chancery under my Seal distinctly and openly do send as appeareth in the Schedule to this Writ annexed Then write the Recognisance verbatim Md. that the first day of May c. came before me c. in witness whereof I the said W S. have put to my Seal Dated c. And let him set his Seal and then file all this to the back of the Cerciorare Write upon the back of the Supplicavit thus The execution of this Writ appeareth in the Schedule to the Writ annexed And put his name to it A Binding by Supplicavit Then the Schedule may be thus and filed to the back of the Writ I W S. c. certifie in the Chancery to our Lord the King That I by vertue of this Writ to me first delivered by A B. in the Writ named caused to come before me the first day of May T R. in the same Writ named and have compelled him to find sufficient security and manucaptors according to the form of the said Writ as the Writ doth appoint In witness whereof I have put my Seal to this present Certificate Dated at C. aforesaid in the County aforesaid the said first day of May. And herewith the Justice may if he will send the Recognisance or he may keep it till it be sent for by Certiorari For Swearing For Swearing I W S. Esquire one of the Justices c. do certifie to the Clerk of the Peace for the County of Glouc. that the persons whose names are hereunto subscribed were since the last Quarter Sessions convicted before me for swearing one profane oath a piece Given under my Hand and Seal this c. By these forms you may the better see how to make other Certificates The Certificate of a Riot see Dalt Just of P. Chap. 130. CHAP. XXVI Indictments of Treason of several sorts and the nature of the Judgements thereupon For counterfeiting a Protection and putting to it the Great Seal taken from other old Letters Patents Juratores c. Praesentanâ— quod A B. nuper de C. in Com. H. Husbandman D E. praedict Yeoman machinantes quomodo populum Domini Regis nunc subtilissime possent decipere vel defraudare Dominum Regem de his quae ad ipsum Regem pertinent Regalia sua ut de feodi Magni Sigilli hujusmodi exhaeredare veram Legem Angliae à toto tempore usitatam approbatam subvertere adnullare 10o. die Janu. Anno c. apud R. in Com. S. deceptive falsâ— proditoriè quasdam falsas Literas Patentes ad similitudinem scrip Cancellar Domini Regis contrefect quasi essent Literae Patentes de protectione ipsius Regis sub nomine J C. Clerici Hanaperii Domini Regis ac unius Clericorum Cancellariae praedictae script hunc tenorem continent viz. C. Dei gratia c. reciting the Letters Patents verbatim Ae cum idem A B. D E. dictas falsas Literas Patentes sic ut praemitt contrafecissent non habentes Magnum Sigillum Domini Regis deceptivè falsò proditoriè machinant qualiter ipsi falsas fictas Literas Patentes hujusmodi subtilius possent sigillare Magnum Sigillum Domini Regis contrafacere dicto 10o. die Janu. Anno supradict apud H. in Com. praedict quoddam Magnum Sigillum Domini Regis super quasdam Literas Patentes ipsius Domini Regis praeantea pend debite impositum acceperunt assumentes sibi Regiam potestatem ipsum Regem regali sua authoritate quantum in eis fuit privant adtunc ibidem cum quodam cultello arripuerunt illud dictis falsis fictis contrafactis Literis Patentibus deceptivè proditoriè apposuerunt annexerunt easdem literas sigillaver sigill ill subtiliter recludendâ— quasi sic non fecissent sic Magnum Sigillum Dom. Regis adtunc ibidem proditoriè contrafecer cum praemissa sic fecissent dictas falsas contrafactas Literas Patentes ut praedicitur sigillat 7o. die Martii Anno c. apud Villam de N. in Com. M. ac in diversis aliis locis ejusdem Com. tanquam Literas Patentes ipsius Domini Regis de protect deceptivè falsò proditoriè publicaverunt diversas pecuniar summas de diversis ligeis Domini Regis receperunt colore dictarum falsarum fictarum contrafact Literarum Patent in deceptionem Domini Regis ac populi sui praejudicium exhaeredationem dicti Domini Regis manifestam contra pacem ejusdem Domini Regis Coronam Dignitatem suas ac contra formam Statut. in hujusmodi casu edit provisi Judgement to be drawn and hanged for a man and for a woman to be burned An Indictment for clipping of Gold and Silver and uttering the same Juratores c. quod E B. de Civitat Lincoln Pedlar die anno c. ac diversis diebus antea postea apud Civitat praedict 40 pec auri vocat P. ac 400 pecias argenti voc Groats bonae legalis monetae Angliae cunagii dict Domini Reg. pro lucri causa falso felon proditoriè totondit filavit iâ—a quod per tonsionem filationem illas quaelibet pecia auri inde de 12 d. in suo debito pondere diminuebatur quaelibet argenti inde de unâ— obulo in debito suo pondere diminuebatur monet ill in forma praedict tonsam filat diversis li geis dict Dom. Regis apud Civitat praedict in Com. praedict falsò felon proditoriè exposuit utteravit contra formam Statut. c. ac contra Pacem c. Judgement ut supra For a Jesuite and his Receiver High Treason in the Jesuite and Felony in the Receiver without Clergy Inquiratur pro Domino Rege Si A B. nuper de C. in Gomitatu praedicto Clericus natus apud D. in Comitatu praedicto atque infra annum jam proxime praeteritum factus profâ—ssus Jesuita per authoritatem à Sede Romana derivatam proditoriè apud D. praedict in Comitatu praedict septimo die Apr. anno Regni dicti Domini nostri Caroli Dei gratia Angliae Scotiae Franciae Hiberniae Regis fidei defensoris c. duodecimo à partibus transmarinis applicuit dicto septimo die anno supradicto nonnulliis aliis diebus tunc proximè sequentibus apud D. praedict in Comitatu praedict proditoriè moram
THE Justice of Peace His CLERKS CABINET OR A Book of Presidents or Warrants fitted and made ready to his hand for every Case that may happen within the compass of his Masters Office FOR The ease of the Justice of Peace and more speedy dispatch of Justice By WILLIAM SHEPHARD Esquire LONDON Printed by D. Maxwell for William Lee Daniel Pakeman and Gabriel Bedell and are to be sold at their Shops in Fleet-street 1660. The REASON Of the Printing of this BOOK WHen wee laid down and gave you the learning of the Office of the Justice of the Peace without Warrants wee shewed you what they might do but did not shew you how they might do it By the want whereof it hath been found in our own and other mens experience that Justice hath been somtimes hindred for the Justice of the Peace well knowing the danger of sending abroad a Warrant not warranted by the Law both to himself and the inferior Officer that shall execute it and not having a safe Warrant in readinesse hee hath not especially in a case not common thought it safe to trust his Clerk herein and oft-times by this means the offender hath escaped We have been therefore much pressed to make a supply herein and did purpose to have done it in the next Edition of the Office of the Justice of Peace which if God will may ere long with many additions and alterations bee dispatched but that it would then have made the Booke too big Wherefore wee have thought it best to let the Reader have them asunder that they may be fit Pocket-books for the Master and his Man as they please Wee know that something hath been done of this subject before by others But by that time it hath been seen what we have done wee are well assured it will be said That which wee have done herein was not without need and will bee very pleasing and profitable to the Justice of Peace his Clerk and his Master also and will be well accepted of all men The TABLE A. ALe-houses and Drunkards Warrants about them Chap. 10. Mittimus concerning this Chap. 21. Numb 6. Apprentices See Poor Master and Servants in Chap. 11. B. Bailment and Mainprise See Recognisances Bastard See Poor Behaviour Warrants of the good Behaviour Chap. 7. Numb 2. See Mittimus for it in Chap. 21. Numb 3. See Recognisances for it in Chap. 20. Numb 14. Bind over Warrants to bring in to bind over Chap. 18. Bridges See High ways C. Certificate Some Presidents for it Chap. 2â— Constables Warrants for making new Constables Chap. 16. F. Felony Warrants concerning this Chap. 4. Mittimus concerning this Chap. 21. Numb 1. Supersedeas in Chap. 22. In Recognisance Chap. 20. Numb 8. Forcible Entry Warrants in it Chap. 5. H. High-ways Warrants about it Chap. 17. I. Indentures for Apprentices See Poor Chap. 6. Numb 11. Indictments Chap. 26. L. Liberate Presidents for it Chap. 23. License Presidents for it Chap. 24. Lords Day Warrants about this Chap. 3. M. Masters Servants Labourers and Apprentices Warrants concerning these Chap. 11. Misdemeanor A general Warrant for Misdemeanor See it in Chap. 19. Numb 1 3. Mittimus Some Rules for and some Presidents of it Chap. 21. Forcible Entry Chap. 5. O. Orchard Warrant for Robbing Orchards in Chap. 19. Numb 2. P. Peace Warrants concerning it and against Tumults Chap. 2. A Warrant of the Peace Chap. 7. In supersedeas Chap. 21. Numb 2. See in Recognisances Chap. 20. Numb 1 3. Plague Warrants about it Chap. 15. Poor Warrants concerning this Chap. 6. Prisoner Warrant to sell his own goods to pay the charge to carry him to Gaol Chap. 13. R. Rates Warrants to make Rates Chap. 12. Riot Warrants about it Chap. 5. Rogues Warrants concerning them Chap. 13. Mittimus concerning them Chap. 21. Numb 8. Recognisance and Bailment the Rules of it and Presidents for it Chap. 20. S. Sabbath See Lords Day Supersedeas Chap. 22. T. Testimonial See License Trespass Warrant for small Trespasses in Orchards Hedges Woods See it in Chap. 19. Numb 2. W. Warrants in general Chap. 1. About Felony Chap. 4. About the Poor Chap. 6. About a Riot Chap. 5. About a forcible Entry Chap. 5. About the publick Peace Chap. 2. About a Bastard Chap. 6. Numb 4. About Ale-houses Chap. 10. To sell the Goods of a Prisoner Chap. 13. About Masters Servants and Apprentices Chap. 11. About Rates Chap. 12. For good Behaviour and Peace Chap. 7. About High-wayes and Bridges Chap. 17. About making Constables Chap. 16. About the Lords Day Chap. 3. For Misdemeanor Chap. 19. Num. 1. About the Plague Chap. 15. For robbing Orchards Chap. 19. About Rogues Chap. 14. Weights and Measures Warrants about it Chap. 19. Numb 5. Watch and Ward Warrants about it Chap. 9. Witnesses Warrants to call them in Chap. 8. Recognisances to bind them Chap. 20. Numb 2 3. Wood. Warrants for stealing Wood. See it in Chap. 19. Numb 2. CHAP. I. Of a Warrant and Order of the Justices of the Peace in generall A Warrant of the Justice of Peace is his Command What it is to an inferiour Officer to do something belonging to his Office And this in some special cases may be good by word of mouth without writing But of this we speak not here Or it may be and must be in most cases in writing And herein these Rules and Advises are to be observed and heeded 1. The Justice is to take care to pen his Warrant Rules concerning it plain and clear and not ambiguous and doubtfull so that the Officer must be forced to enquire what may be his meaning by his words 2. Let the Warrant be compleat when the Justice of Peace doth put his hand to it for it is dangerous to let it go with blanks and give other men leave to fill it up 3. The stile of his Warrant it may be in the name of the Kings Majesty thus Charles the Second by the Grace of God c. with the Teste under the name of the Justice that makes it which is not usual or it may be stiled and made in the name of the Justice of Peace thus W. S. Esquire one of the Justices c. and this is the usual form Or it may be made without any stile onely under the Tesâ—e of the Justice of Peace thus Complaint being made to me c. These are c. Witness the said W. S. c. Or it may be without any Teste of the Justice of Peace being subscribed by him and sealed where sealing is necessary 4. We do not conceive it necessary to use these words in the Warrant These are in the name of the Kings Majesty to require but it is sufficient to say These are to require you howbeit the Warrant doth carry the more majesty in it when thâ—se words are used in it 5. The Title of direction may be either above the Warrant thus To the Constable of Dale oâ— in the body of the Warrant thus W.
every of them Whereas we have lately received Letters from the Lords of his Majesties most Honorable Privy Council commanding us thereby in his Majesties Name to cause a diligent and exact survey to be taken of all the Corn and Grain within this Hundred now for so much as they whose names are here under-written are presented to us by such as have enquired thereof to have Corn to spare more then is needfull for the maintenance of their Families These are therefore to command you to summon and warn all the said parties to be and appear before us at M. the 16th of this instant July by one of the clock in the afternoon of the same day there to receive such further directions as then and there shall be given them in charge according to such Orders as are appointed by his Majesty to be straitly observed in that behalf Hereof fail you not at your peril Dated at P. this 10th of July in the twelfth year of the Reign of our Soveraign Lord Charles c. Anno Dom. _____ To all Constables Bayliffs and other his Majesties Officers within the Hundred of M. and to every of them Sussolk ss A License to beg A C. and L B. Esquires two of his Majesties Justices of the Peace within the County aforesaid assigned Greeting Whereas the Bearer hereof T W. of E. in the County aforesaid being a very poor man and blind by reason whereof he is not able to labour nor get to live of himself without charitable relief of others and being now resident in the same Town is therefore to be relieved and being likewise informed that the Town is at this present charged with more poor and impotent folk then it is able to relieve Know you therefore that We the said Justices have licensed and allowed the said poor man and his leader to go abroad and beg gather and receive the charitable Alms of well-disposed people inhabiting and dwelling within the said Hundred of M. in the said County requiring you not to molest or trouble the said poor man or his leader for so doing but desiring you rather to relieve him and his leader in their necessity as to you shall seem meet This our License to remain in force one whole year next ensuing the date hereof and no longer In Witness whereof We have hereunto set our Hands and Seals the of c. A Pasport Sussex ss T P. Esquire one of his Majesties Justices of Peace in the County aforesaid To all Constables Bayliffs and other of his Majesties Officers of the same County and to every of them Greeting For as much as the Bearer hereof E D. being brought into great poverty and necessity hath desire to travel unto the City of C. in the County of where he saith he was born and hath some friends yet living by whose means he hopeth greatly to be relieved and holpen in consideration whereof Know you That I the said T P. have licensed the same E D. to travel and pass the direct way from L. unto the said City of C. so that his journey be not of longer or further continuance then thirty days next after the date hereof praying you and every of you to permit and also to aid and relieve the said E D. in his journey so that he shew himself in no respect offensive to his Majesties Laws In Witness whereof I have c. Note That in Pasports it is necessary there be a description of the parry lest that he make any other partaker of the use of his Pasport unless he be a Rogue for he always remains in the Constables hands See the Statute of 39 Elizabethae cap. 4. To the Constables of B. their Deputies or either of them These are to will and require you and in his Majesties Name straitly to charge and command you that presently upon the receipt hereof you bring before the next Justice of Peace unto your Town the bodies of these persons hereunder named to give an account for their refusing such Apprentices as were appointed unto them heretofore by his Majesties Justices or else to stand to such Order as shall be agreeable to Law and his Majesties pleasure declared therein Herein fail you not as you will answer the contrary Given under our Hands this present day being the third day of June 1660. The form of a Warrant to enlarge a Prisoner that is bailed may be thus Middles ss A B. and C D. two of his Majesties Justices of Peace in the said County To the Keeper of his Majesties Gaol there Greeting For as much as L M. of c. Brick-layer hath before Us found sufficient mainprise to appear before the Justices of the Goal-delivery at the next general Gaol-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 Kine of the goods of I S. for the suspition whereof he was taken and committed to the said Gaol We command you on the behalf of our said Soveraign Lord that if the said L M. do remain in your custody for the said cause and for none other then you forbear to grieve or retain him any longer but that you deliver him thence and suffer him to go at large whereof you may not fail at your peril Given under our Seals the day of c. CHAP. II. About the Peace Glouc. ss To raise the Power of the County VV S. and A B. Esquires two of the Justices of the Peace within the County of Gloucest Or thus largely W S. and A B. Esquires two of the Justices of the Peace of our Soveraign Lord the Kings Majesty assigned for the keeping of the Peace and hearing and determining of divers Felonies within the County of Gloucest to the High Sheriff of the same County and to all High-Constables Petit-Constables and other Ministers and Officers appointed to keep the Peace of the same County Greeting It being given us to understand that divers evil doers and disturbers of the publick Peace of this Commonwealth are assembled together in conventicles and being armed and in a warlike posture are together in and about W. in this County where they do riotously and forcibly enter into the houses and take away the goods and cattel of divers of the peaceable people of the Country and where they have made a manifest commotion and committed divers other Felonies and other outrages to the terrour of the good people thereabouts the hazard of the whole Kingdome in contempt of our Lord the King and against the form of the Laws in that case provided Therefore you and every of you the said Sheriff High-Constables and Petit-Constables are hereby straitly charged so long as the same commotion and danger shall continue to take especial care of the Peace of the County within your several Precincts and in order thereunto to keep a strong watch by night
Given under my Hand c. To the Constables as in the last 4 Glouc. ss W S. c. It being duly proved before me that I S. of your Parish did the first day of May last being the Lords day at Dale aforesaid without reasonable cause carry burthens viz. a busheâ— One of these is enough of Wheat to a Mill there or do worldly labour and work viz. drive his Cattel from one grounâ— to another half a mile distant contrary to the Act of Parliament in that case provided By which he hath forfeited five shillings to the use of c. as it is in the last word by word Given under my Hand and Seal c. We give you no Presidents here to levie the forfeitures upon them that serve Process use Coaches or Boats that come in late Saturday night or gâ— out early on a Munday morning nor against then that are singing dancing or tipling in an Ale-house or Miller grinding on this day nor againâ—â— the Officers that neglect to punish them becausâ— we conceive none can be granted against them tilâ— they be convicted which cannot be but by Indictment 5 Glouc. ss W S. and I S. two c. To all the Constables Churchwardens and Overseers of the Poâ— of the Parish of Newent in the County of Glouc Information and Complaint being given in and made unto us That the Prosanation of the Lordâ— day is very much and frequently practised within your Parish by the 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 acccording 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 one of you appear before the Justices of the Peace at the house of c. upon to bring in the names in writing of those persons who shall in the mean time offend in the premises 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 at the Castle of Gloucest this 21 day of c. CHAP. IV. About Felony To all Constables and Tythingmen within the County of Gloucest 1 Glouc. ss To search for a Felon W S. c. Whereas information hath been given to me that there hath been ten Sheep lately taken away from I S. of D. in this County the which he doth suspect to be stollen and the Felon is suspected to lie hid in some one of the places or Parishes adjacent These are therefore to require you and every of you forthwith to make diligent search in all suspected places with in your Parishes for the said Felon And in case you shall find the Felon or any of the same sheep or shall find any other just cause to suspect any person whatsoever of the same Felony thaâ— you cause the same sheep to be secured and the said Felon to be apprehended and brought before me or some other Justice of the Peace of the said County to be examined concerning the premises And that you warn the said I S. to be and that you your self be also before the same Justice at the time of his examination Given under my Hand this c. To the Constable of Dale within this County 2 Glouc. ss Whereas complaint hath been made to me by N O. that of late he hath had feloniously taken from him certain goods or six Oxen or a gray Mare c. as the case is and that he hath in suspition Another of the same divers and evil disposed persons within your Parish of Dale These are to require you that immediately upon sight hereof you make diligent search in all and every such suspected houses and places within your Parish as you and the said N O. shall think convenient And if upon your search you find any of the said goods in the hand of any person or shall have any other just cause of suspicion of any person that then you bring such suspected person before me or some other c. to answer the premises And hereof c. Observations on these Warrants Some have disliked these Warrants and upon some good reasons also for it is a Rule that no man can arrest for Felony upon the suspicion of another but upon his own suspicion And some unhappy use is oft-times made of these Warrants and honest men abused by them But we conceive that common usage hath made these Warrants justifiable at this day and that the same Justice of Peace upon information may take up the suspicion and proceed upon his own suspicion To the Constable of Dale within this County 3 Glouc. ss Information being given to me upon the Oath of I S. that he hath of late two sheep feloniously taken from him and that he hath in suspicion one To apprehend a Felon T K. of your Town Tailor These are to require you presently upon receipt hereof to apprehend the said T K. and thereupon to bring him before me to answer to the premises And hereof c. Observatians upon this Warrant This Warrant hath been also excepted against but we conceive at this day there is no cause to doubt of it And that Warrants may be granted by a Justice to attach persons suspected of Felony before they be indicted for it But upon an indictment of Felony without question any Justice of Peace may arrest the party indicted by such a Warrant as this which followeth To all Constables as at the first 4 Glouc. ss W S. c. These are to will and require you presently upon receipt hereof to attach the body of A B. who stands indicted for a Felony by an Indictment taken at the last general Quarter Sessions of the Peace for the County of Glouc. And him to bring before me or some other Justice of the Peace of this County to be dealt with according to the Law Or thus And him to carry to the common Gaol within the Castle of Glouc. there to be kept until he be delivered by due course of Law It may be made both these ways And hereof c. 5 Glouc. ss W S. c. To the Constables of c. These are to require you upon sight hereof to warn to To bind men to give in evidence against a Felon be before me or some other Justice of Peace of this County within three days next following the persons undernamed to the end that they may be bound before him to make their
to be restored according to the form of the aforesaid Statute And hereof you are not to fail at your peril c. Given under my Seal c. The like Warrant may be made for Lessee for years Tenant by Elegiâ— Statute-Merchant Statute-Staple Guardian in Chivalry and Copy-holder mutatis mutandis CHAP. VI. About the Poor 1 Glouc. ss To make Overseers of the Poor WE the Justices of the Peace and Quorum of the County of G. next adjoyning to the Parish of D. within the same County whose Hands and Seals are hereunto annexed do nominate and appoint I S. and W S. of the same Parish of D. together with the Churchwardens of the same Parish to be Overseeâ— of the Poor of the same Parish for this present year according to the Act of Parliament in that case provided These Wâ—rrantâ— are grounded upon 〈…〉 Daâ—ed c. There is another form to command Overseers of the Poor to undertake the Office But this seems to me needless and that the former Order is sufficient for being duly chosen according to the Statute they must undertake it W S. and L S. Esquires two of the Justices of 2 Glouc. ss the Peace of the County of Gloucest To the Churchwardens and Overseers of the Poor of the To distrain for money for the poor Parish of D. in the County of G. Whereas the persons here undernamed all of your Parish of D. have been duly assessed the sums of money here under at their names appearing and set down and rated upon them towards the maintenance aâ—â— relief of the Poor of you Parish the which raâ—â— hath been duly confirmed by two of the Justices of the Peace of the said County according to the form of the Statute in that case provided The which sums they are in arrear and refuse to pâ—y although the same have been demanded of theâ— These are therefore to authorize and require yoâ— once more to demand the said several sums of the said several persons respectively And in case they refuse to pay the same that then you levâ— it by way of distress and saâ—â— of the goods and chattels of the persons refusing to pay the same respectively râ—ndring to them the overplus accordiâ—â— to the said Statute And that you the same money pay and distribute to the use of the poor oâ— your Parish according to your Office And hereof c. 3 Glouc. ss W S. and I S. Esquires c. two of the c as in the last To the c. as in the last These are to authorize and command you presently Another for the same to demand of I S. of your Parish of Dale thâ— sum of five shillings being duly assessed and ratâ— upon him for and towards the relief of the Poor of your said Town according to the form of the Statute in that case provided And if he refuse to pay the same that then you presently levie the same by distress and sale of the offenders goods rendring to him the overplus of the money made by sale thereof And this shall be your Warrant herein Dated c. 4 Glouc. ss To warn all persons to appear to examine the matter of a bastard child W S. and I S. two of the Justices c. near to the Parish of Dale in the County of G. To the Constables Churchwardens and Overseers of the Poor of the same Parish and to I K. of c. and M S. of the same Parish of D. and every of them It being proved before us that the said M S. is delivered of a bastard child likely to be chargeable to your Parish which she doth father upon the said I K. who is therefore at the request of the said Officers and on the behalf of the said Parish bound to the good Behaviour and to appear at the next Sessions These are therefore to give you notice that we have appointed on Monday the first day of May next at the house of K L. in T. to meet to examine the said matter and to take order for the punishment of the said parties and relief of the said Parish in case the same child shall become chargeable to it and the keeping of the same child You are therefore all of you hereby required to attend us with such witnesses as you please to produce in the place and at the time aforesaid And you the said Constables are in due time to give notice hereof to all the rest of the parties Churchwardens Overseers of the Poor to the said I K. and M S. And that you your self be present at the time and place aforesaid to give an account how you have executed this our Warrant And hereof not to fail c. Dated c. 5 Glouc. ss An Order for a bastard child W S. and T W. Esquires c. two of the Justices of the Peace of the said County Imprimis upon the examination of the said M S. duly by us taken we do find that the said I K. is charged to have had divers times bodily and carnal knowledge of her between such times and to be the onely Father of the said Bastard-child c. And having some other proofs to induce us to believe the truth hereof therefore we do adjudge him to be the reputed Father of the said Child We do further order as followeth First That the said M S. shall keep her said Child till it come to eight years of age Secondly That the said I K. upon notice of this our order shall after such notice pay into the hands of one of the Overseers of the Poor of D. for the time being after the rate of 12 pence every week to be paid monethly every year towards the relief of the said Child until it comes to eight years of age Thirdly And after the said Child shall come to eight c. that the said I K. pay to the Overseers c. 5 l. towards the putting out of the same Child to be an Apprentice Fourthly That the said I K. presently give good Security to one of the Overseers c. to perform this our Order To the Constables of S. in the County of G. and to every of them 6 Glouc. ss W S. c. Information being given and complaint being made to us that the persons undernamed of your Parish have been duly taxed and assessed towards the raising of money for the relief of the Poor of your Parish these several sums at their names set down the which they have refused to pay upon demand And a Warrant having been sent to the Churchwardens and Overseers of the Poor to levy the same by distress and sale of the offenders goods and information being given to us by the said Churchwardens and Overseers concerning the said persons undernamed that there is no distress to be had of their goods whereby the same assessments may be levied of them and that they do still refuse to pay the same
maintaining of a common Ale-house or Tipling-house the first of May last in the places there mentioned without lawfull Licence against the Laws in that case provided for which each of them are to pay twenty shillings a piece to the use of the Poor of your Parish or to be openly whipped These are therefore to authorize and require you forthwith to levie the same of each of them by distress apprisement and after three days the money not paid by sale of their goods respectively giving back the overplus And in case of lack of distress or not payment thereof within six days now then next following that then you see them openly whipped for the same And the money by you received you are to see to be imployed to the use of the Poor of your Parish And hereof c. I S. of M. for keeping an Ale-house in M. in this County L M. of K. for keeping an Ale-house in K. in this County N O. of S. for keeping an Ale-house in S. in this County To the Constables of Dale 11 Glou. ss For selling Ale without license the second time W S. c. Whereas I S. of your Parish of Dale hath been duly convicted before me the second time for selling Ale and Beer without Licence and for keeping a common Ale-house and Tipling-house for which second offence he is to be committed to the Bridewel for one moneth according to the Laws provided in that case These are therefore Grounded upon 3 Car. 1. to require you forthwith to apprehend the said I S. and him to carry to the Bridewel within the Castle of Glouc. to the Governour thereof who is hereby commanded to receive him and there to keep him by the space of one moneth and to deal with him as an idle lewd and disorderly person And this shall be your Warrant Dated c. So by this the Warrant may be made upon the third conviction to commit him to the house of Correction there to remain till by order of the Justices in their General Quarter Sessions he be from thence delivered No Warrant can be made as it seems to me by a Justice against the Officer that doth neglect or refuse to levie the twenty shillings upon the Ale-house-keeper for selling without license to commit him or force him to pay the forty shillings upon 3 Car. 3. For there can be no conviction of him and therefore no punishment of him thus bue by way of Indictment So the Officer upon 1 Jac. 9. that shall not execute his Office against Ale-house-keepers for suffering tipling or selling less then measure or others for tipling And the Officers that shall upon 4 Jac. 5. neglect to execute their Offices against Drunkards cannot be punished upon the Justices Warrant because the Justice is not to command but the Officer in the first case ex officio to do execution and because the Justice cannot convict by witnesses And yet it seems reasonable that upon 1 Jac. for lack of certificate of want of distress that the Justice should send his Warrant for that which is in his own knowledge But if any Justice in these and such like cases will adventure to send his Warrant he must be sure that there is such a neglect And then if he will adventure we conceive his Warrant must be after this form 12 Glou. ss W S. c. To I S. and W S. of Dale in the County of G. Whereas W S. of your Parish Ale-house-keeper was duly convict before me for selling less then one full quart of his Ale for one penny and of the small less then two quarts so one penny and I did thereupon send my Warrant to the Constable of your Parish I S. being then the Constable there to give him notice thereof and to call upon him to do his duty in levying the sum of twenty shillings forfeited by him for his said offence by way of distress to be taken of the goods of the said W S. and that the same being detained six days and no satisfaction made to him that then he did presently apprise and sell the same goods and render the overplus according to the power to him given by the Acts of Parliament in that case provided But the said I S. hath not levied the same money as is said nor hath certified to me any lack of distress albeit my said Warrant was sent to him more then twenty days since by which the said Constable hath forfeited forty shillings to the use of the Poor of your Parish These are therefore to require you the said I S. and W S. forthwith to levie the same forty shillings of the goods of the said I S. the then Constable in this wise viz. to take and detain his goods by way of distress for six days within which time if he pay you not that then you presently apprise and sell the same rendring to him the overplus And if no distress can be had that then you carry the said I S. to the common Gaol of the County there to remain until he shall pay the same And hereof c. CHAP. XI About Masters Servants Labourers Apprentices VVE have seen divers Presidents of Warrants by one Justice of Peace to apprehend a fugitive Servant and one that refuseth to serve and carry him to Gaol unless he put in security to serve his Master c. We shall not give you any President hereof because we understand not upon what Law it is grounded But some of those we conceive may be warranted upon the Laws in force we have hereafter set down For placing of the poor Apprentices see in Poor To the Constables of D. in the County of G. 1 Glouc. ss To command one that works at her own hands to go to service W S. and K S. two of the Justices c. Information being given to us that I S. of your Town of Dale is a person of an able body and hath nothing whereby to live that can be seen but her work and liveth by working at her own hands and refuseth to go to service You are hereby required forthwith to give her notice that she is before Michaelmas next to put her self into service according to the Statute in that case provided And she is hereby required to conform her self hereunto at her peril Given c. All these warrants are grounded upon 5 Eliz. To the Constables of D. in the County of G. 2 Glouc. ss To punish for disobedience to the last warrant Whereas upon information given to us that I S. of your Parish of Dale a person of able body not having any visible means whereby to maintain her self but her labour did refuse to go to service and did live by work at her own hands We did thereupon order her to put her self in service before Michaelmas last the which she hath not done in contempt of authority These are therefore to require you to take her the said I S. and
perhaps two Justices may make a Warrant to send him to Bridewel but one Justice may bind him to the good Behaviour CHAP. XV. About the Plague To the Churchwardens and Overseers of the Poor of the Parish of M. N. O. within this County 1 Glouc. ss On the same W S. and I S. two of the Justices c. Information being given to us that the Parish of Dale within this County is infected with the Plague and that it hath need of relief from the adjacent places five miles about it according to the Statute in that case provided The which because we intend to provide for them we command you and every of you to be before us upon the first day of May next at the house of c. with your Church-books of Rates for the Poor to the end that we may then make an equal weekly Rate and Assessment for the purpose aforesaid And hereof c. A weekly Rate made the first day of May by W S. and I S. Esquires two of c. with the assistance of the Overseers of the Poor of the Parishes within five miles compass of the Parish of Dale at this time infected with the Plague for the relief thereof during the time of the infection to be paid by the inhabitants of the same Parishes weekly according to the Act of Parliament in that case provided The inhabitants of the Parish of S. to pay weekly as followeth I S. 6 d. W S. 3 d. T S. 2 d. N O. 3 d. L M. 2 d. K N. 2 d. The inhabitants of the Parish of M. to pay weekly as followeth S T. 6 d. c. To the Churchwardens and Overseers of the Poor of the Parish of Dale 2 Glouc. ss W S. and I S. c. There being a Rate made which is for your Parish the Rate subscribed to this Warrant for the relief of the inhabitants of the Parish of Dale at the present infected with the Plague according to the Act of Parliament in that case provided These are to authorize and require you forthwith to levie and collect the same On the same of the persons therein named respectively by distress and sale of their goods rendring to them the overplus And the same money so by you received that you pay over to the Overseers of the Poor of the said Parish of Dale and give in the same upon your account at the end of your year Given under our Hands and Seals c. To the Constables Churchwardens and Overseers of the Poor of Dale in the County of G. 3 Glouc. ss Whereas we are credibly informed that the Plague is in the house of I S. of your Parish whereof one died And whereas also we are informed that divers of the inhabitants of your Parish have resorted to the said house both before and after the said party was dead and especially two children in the house of I P. by reason whereof it is feared that they are sick and so by reason thereof the sickness is like to increase and spread further in the Town unless there be speedy provision made for the preventing thereof These are to require you the said Constables forthwith to cause the said house so infected to be shut up and that you appoint one or more Warders at the door to keep them from coming forth and others from coming at them And if any shall wilfully disobey your orders and directions herein attempting to resist their keepers and go abroad that then you and the said Wardsmen force them to keep their houses And if any wilfully go abroad having the Plague-sore upon them that you and they apprehend them for and deal with them as with Felons And if they have no sore that then you bring them before some Justice of Peace to be dealt with as Vagabonds and to be bound with Sureties to the good Behaviour And that you the Churchwardens and Overseers of the Poor be carefull that the parties shut up be sufficiently provided for for their present relief and sustentation And further that you cause the said I S. and his Family to keep themselves within their own doors and that in the mean time he forbear to victual or to let any come into his house till he hath further order And of your care diligence and proceeding herein that you do from time to time give us account that we may give further direction herein And we are further to advise the Parishioners that they be very carefull not to mingle themselves amongst them that have been in the same infected house And of this our advertisement that you give them speedy notice c. Oath of Searchers 4. Grounded upon 1 Jac. 31. 4. You shall swear that you shall carefully search enquire and examine all such persons as shall die within this Parish of M. And you shall truly publish and declare whether any such person do die of the Plague by any sign that shall appear thereof without any conniving in any manner whatsoever to the uttermost of your skill and ability or of what other disease they shall die So help you God Oath of the Bearer 5. You shall well and truly serve in the place of a Bearer at the visited houses where you shall be imployed and appointed you shall not purloin or carry away any goods forth of the said houses or either of them And you shall take care not to come into any company but continually to remain in the place assigned to you but at such times as you are imployed in your said Office as a Bearer and in every other thing that belongs to that place you shall as you shall be directed by the Officers well and faithfully behave your self So help c. Oath of the Examiner 6. You shall well and truly execute the Office for examiners of health within the Parish of Dale you shall truly enquire and labour to know from time to time what houses within the said Parish be visited with sickness and who therein are sick and of what diseases they are sick and upon doubt command restraint of access until it shall appear what the disease is And if you find any person sick of the Plague you shall give present order to the Constable forthwith to shut up the house wherein he is And if you find the Constable careless herein you shall forthwith acquaint some Justice of Peace therewith And you shall see that the visited persons be weekly provided for and in every other thing shall do as belongs to your Office So help you God CHAP. XVI About making of Constables A Warrant for the making of a new Constable To our loving friend A B. of Dale Yeoman THese are to require you to make your repair to us or to some other Justice of the Peace of this County to take the Oath of a Constable to serve within your Town of Dale you being chosen and ordered by the Leet of your Town to undertake the same Office
The Sureties and the Sum are in his discretion but if it be in case of Felony he must see he take good Sureties for the Prisoners appearance and bind him in a good sum to do it or he may be fined for his neglect herein If any Law appoint what the Sureties and what the Sum shall be that the party bailed must give that must be pursued 4. If the Justices shall at any time judge the Sureties insufficient they may compel the party bailed to put him in better Sureties or commit him to Gaol for lack of Bail 5. It is said That if the Sureties doubt the Prisoner that he will run away and not appear that they may take him and carry him to the Justice and desire to be discharged and that the Justice must discharge them and that the principal is then to be committed till he put in new Sureties The Forms of Recognisances 3 Glouc. ss Md. That the first day of May I S. of D. in the County of G. Yeoman came before me W S. Esquire one of the Justices of the Peace of the County of G. at K. in the same County and acknowledged himself by way of Recognisance to owe unto our Lord the King and his Successors twenty pounds of lawfull English money to be levied of his lands and tenements goods and chattels to the use of our said Lord the King and his Successors if he fail in the Condition indorsed If there be more then one to be bound then it is thus Md That the first day of May I S. of c. C D. of c. and E F. of c. all three of them came before me and acknowledged themselves severally to owe our Lord the King and his Successors ten poundâ— a piece to be levied c. if I S. fail in the Condition indorsed Another of the same 4 Glou. ss Md. That I S. of c. G D. of c. and E F. of c. the first day of May c. came before us W S. and L S. two of the Justices of the Peace within the County of G. And the said I S. did assume for himself in the sum of twenty pounds of lawfull money of England to our Lord the King And the said C D. and E F. became bound for the said I S. either of them in the sum of ten pounds a piece of like lawfull money to our said Lord the King to be levied of their lands and tenements goods and chattels by way of Recognisance under the condition following viz. Another of the same 5 Glouc. ss Md As in the former which several sums of money every of them hath acknowledged to owe to our Lord the King and his Successors if the said I S. shall make default in the Condition following viz. Another of the same 6 Glouc. ss Md. That the first day of May c. at Dale in this County I S. of c. C D. of c. and E F. of c. came before us W S. c. two of the Justices c. and did undertake for L M. of c. each of them under the pain of twenty pound a piece of lawfull English money And the said L M. did then and there assume for himself in pain of forty pounds of like lawfull money and all of them to our Lord the King and his Successors to be levied of their lands and tenements goods and chattels by way of Recognisance to the use of our Lord the King if the said L M. shall fail in the Condition hereafter following viz. If the party to be bound be within age or a Woman married then he or she must be bound by others after this manner as in the last leaving out the last clause And the said L M. c. And by these all other Recognisances may be made for they are after one form and the difference is in the Conditions which do now follow It is best to make them in Parchment and yet being in Paper they are good enough in Law If the Condition be on the back of the Parchment or Paper wherein the Recognisance is as it must be to the two first Presidents abovesaid that conclude if he fail in the Condition aforesaid Then it must be thus 7. To prefer a Bill of Indictment The Condition of the Recognisance within written is such that if the within bounden I S. shall at the next general Gaol-delivery to be holden in the County of Gloucest prefer or cause to be preferred one Bill of Indictment against one A B. late of G. in the said County of Gloucest Labourer now a Prisoner in the Castle of Glouc. for the felonious taking of twenty sheep of the goods of the said I S. or for the felonious killing of T S. and shall also then and there give the best evidence he can concerning the same as well to the Grand Jury that shall then make enquiry of the Felony as also to them that shall pass upon the Trial of the said A B. and not depart without license of the Court That then the same Recognisance shall be void Or thus The Condition c. That if the said I S. shall personally appear at the next general Gaol-delivery to be holden for the County of Glouc. before the Lords the Justices of Assize and Gaol-delivery and shall then and there prefer c. as in the last 8. To give in evidence The Condition of the Recognisance within written is that if the within bounden I S. do and shall personally appear at the next general Gaol-delivery to be holden in the County of G. before the Judges there or at the general Sessions of the Peace to be held for the County of G. as the case is before the Justices of the Peace there and then and there pursue and give the best evidence he can against one A B. late of C. in the said County Labourer now a prisoner in the Castle for the felonious taking away of a Mare of the goods of the said I S. and not depart without license of the Court That then c. Or thus That if the within bounden I S. shall personally appear before the Justices of the Peace of the County of Glouc. at the next Quarter Sessions in the County aforesaid to be holden then and there to inform the Court against one A B. of c. now a prisoner in the Castle and not depart without license of the Court That then c. 9. To appear to answer a Felony upon a Bail The Condition of this Recognisance is such that if the within bounden I S. shall make his personal appearance before the Justices of the Peace of the County of Glouc. at the next general Sessions of Peace to be holden for the same County then and there to make answer to our Lord the King for and concerning the suspicion of stealing certain corn That then c. Another of the same and to keep the Peace
appeared before me the said W S. and the said C D. and E F. have undertaken for the said A B. who is within the age of 21 years to wit either of the said manucaptors in twenty pounds a piece which each of them have acknowledged to owe to our said Lord the King by way of Recognisance to be levied on their lands and tenements goods and chattels to the use of our said Lord the King to wit that the said A B. no damage or ill shall do or procure to be done to any of the people of this Commonwealth in their bodies or burning of their houses and especially to T R. Therefore I require you and every of you to forbear c. as in the rest This may also be to stay proceedings of Arrest or Imprisonment against a man upon good Behaviour or upon a Capias upon an Indictment for Trespass or the like thus 5 Glouc. ss W S. To c. Forasmuch as I S. of c. came before me this first day of c. at Dale in this County and hath found sufficient Manucaptors to be at the next General Sessions of the Peace to be held in this County before the Justices of the Peace there to answer to our Lord the King of certain trespasses contempts and offences whereof he is indicted Therefore I command you c. as in the rest CHAP. XXIII Of a Liberate 1 Glouc. ss W S. c. To the Keeper of the Gaol in the Castle of Gloucest Forasmuch as I S. of c. hath before us found sufficient mainprise to appear before the Justices of the Gaol-delivery at the next general Gaol-delivery to be holden in the said County there to answer the things that shall be objected against him touching the felonious stealing of two sheep for the suspicion whereof he was committed to your Gaol These are to require you in case he be there detained in prison for this and no other cause that you forthwith deliver him and let him go at large Given under our Hands c. 2 Glouc. ss W S. c. To the Keeper c. I S. being by me committed to your custody in your Gaol till he put in sureties for the peace or good behaviour as the case is These are c. as in the last Observations on this If one Justice of his own head commit a man to Gaol or Bridewel he may again deliver him and he need not shew the cause or if it be for the peace or good behaviour to tell the Keeper that he hath taken Sureties we think it safe for a Keeper to have this from a Justice always when he delivers his prisoner By these other Liberates may be made Of a Release I have seen a Release of the Peace by a Justice of Peace that took it and Presidents of Releases of the Peace and good Behaviour but I understand not of what use they are for the party must appear onely the Release of the Peace c. is an evidence that the Prosecutor is not afraid of him and therefore the Court will not probably continue him bound CHAP. XXIV Of a License and Testimonial 1 Glouc. ss To sell Ale W S. and I S. Two of the Justices c. Know all men by these presents That we do hereby license I M. of c. to keep a common Ale-house in L. aforesaid in the house there where he now dwelleth for one whole year next ensuing the date hereof so that he do not during that time suffer any unlawfull Games to be used nor any evil rule or disorder to be done in the same house Dated c. So to brew and sell Beer and keep a common Alehouse c. 2 Glouc. ss To travel on the Lords day W S. c. To all c. I S. of c. where he now liveth having informed me that he had a Father living at D. in the County of S. where he lieth now very sick and he hath a desire to visit him Now know ye that for this cause I do hereby license him to travel upon the next Lords day the direct way to him willing and requiring you not to molest him for the same so he behave himself orderly in his travel Dated c. 3 Glouc. ss Describe him To convey a Rogue I S. a sturdy vagrant beggar of low personage red haired c. and about twenty years was this first day of May openly whipped at W. in the said County according to the Law for a wandring Rogue and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straight way to P. in the County of W. where as he confesseth he was born or dwelled last for one whole year if the case be so and he is limited to be at P. aforesaid within ten days now next ensuing at his peril Given at W. under the Hands and Seals of W S. Esquire one of c. and I D. the Constable of W. aforesaid 4 Glou. ss For one that hath suffered shipwrack c. Soldier c. W S. c. one c. To all Constables Tythingmen c. Forasmuch as I am credibly informed that I S. the bearer hereof of low personage c. hath been at Sea and there the first day of May last suffered ship-wrack and hath not wherewith to relieve himself in his travel to the place of his birth or last dwelling These are to desire you to suffer him to pass the next way to the said place where he is limited to be within forty days next after the date hereof and not to trouble but rather to relieve him The like may be for a poor Souldier 5 Glouc. ss To travel W S. and I S. two of the Justices c. To all c. The bearer hereof I S. of c. having shew the cause of his travel desired our Testimonial or License for his safe travel to the City of B. shew whither he is to go wherefore we as much as is in us do license him to travel the direct way from H. in the County of G. to the said City so as his journey be not continued longer then twenty days next after the date hereof and pray you to suffer him to pass in peace so as he demean himself orderly And by these a Testimonial may be made for other things as for a Labourer in Harvest-time to go into another Countrey to work or a Servant departing at the end of his year CHAP. XXV Of a Certificate A Certificate of the Presentment or Verdict of the Jury may be made into the Kings Bench the like may be made of the Record of a Force viewed by the Justice These Certificates and the like may be made by the Justice of Peace by way of a Letter inclosing therein the Presentment of the Jury or the Record of the Justice except the same be removed by Certiorari the forms whereof see in the end of