the said West Riding of the County of York consisting of all the Iustices of the Peace of the said West Riding for the time being two Masters ten Wardens twelve Assistants and Commonalty N. 6. And the said Wardens Masters and Assistants respectively Oath shall within Eight dayes after their first Choice and Election take the Oaths of Allegiance and Supremacy which any two Iustices of the Peace within the West Riding whereof one to be of the Quorum have hereby power to administer c. § 13. N. 2. And for want of such distress viz. in him that forfeits xx l. for Counterfeiting Forfeiture Seal c such person c. to be committed to the Common Goal of the County where he or they shall be found by Warrant under the Hand and Seal of any one of the Iustices of the Peace of the said County there to remain without Bail or Mainprise for the space of six months or until such person c. shall have paid the Fine c. Books And if any Iourneyman c. Printers or Founders of Letters for Printing C. 33. § 14. N. 4. shall refuse Imployment being offered to him or them by any Master Printer or Master Founder of Letters respectively or neglect it when he or they have undertaken it he or they so refusing or neglecting shall suffer Thrée months Imprisonment at the least without Bail or Mainprise upon Conviction of such his said refusal or neglect by Two Witnesses before any one or more Iustice or Iustices of the Peace who are hereby Impowered to hear and examine the said Offences and to commit the said Offender c. to the Common Goal of the County where he or they shall be apprehended License And if the said Books viz. found by Searchers c. so Imprinting § 15. N. 2. Binding or Stiching shall not be Licensed then to seize upon so much thereof as shall be found Imprinted together with the several Offenders and to bring them before one or more Iustices of the Peace who are hereby Authorized and required to Commit such Offenders to Prison there to remain until they shall be tryed and acquitted or convicted and punished for the said Offences Apprentice And for the second Offence viz. by Printers or Founders against this Act § 18. N. 2. they c. shall forever thence after be dissabled to use or exercise the Art or Mystery of Printing or of Founding Letters for Printing and shall also have and receive such further punishment by Fine Imprisonment or other Corporal punishment not extending to Life or Limb as by the Iustices of the Court of Kings-Bench or Iustices of Oyer and Terminer or Iustices of Assize in their several Limits or Iustices of the Peace in their several Quarter-Sessions shall be thought fit to be Inflicted Justices The which said Iustices of the Peace in their several Quarter Sessions N. 3. shall have full power and authority to hear and determine all and every Offence c. that shall be committed against this Act viz. of Printing c. or against any branch thereof upon Indictment or Information by any person c. to be taken before them in their Sessions of the Peace respectively and shall certifie into the Court of Exchequer as in other like Cases they are bound to do the Fines by them Imposed c. and shall and may also by vertue hereof Award Process and Execution for the taking or punishing such Offenders as in any other Case they lawfully may do by any the Laws and Statutes of this Realm Statuta 15 Car. 2. Wayes ANd c. the Iustices of Peace at the Sessions of the Peace to be holden next after Easter every year for the said respective Counties viz. Hertford 15 Car. 2. C. 1. Cambridge and Huntington from time to time shall and are hereby Impowered to nominate and appoint nine sufficient and able Persons residing Inhabiting within the said several and respective Counties to be Surveyers in the several Places in the said Highwayes for the year from thence next ensuing 16. 17. Car. 2. Cap. 10. § 4. N. 1. Forfeiture And be it further Enacted That if any § 8. N. 1. c. not having any lawful cause to be allowed as aforesaid shall neglect or refuse to take upon him or them the said Office of Surveyer being thereunto Nominated and Chosen according as by this Act is appointed or to do or perform his or their duty in the due and speedy Execution of this present Act the said Iustices of the Peace for the several and respective Counties where such Surveyer c. dwell at thier Quarter Sessions shall and may hereby have power to Impose c. such Fine c. not excéeding Ten pounds upon Each Person so refusing or neglecting as to them shall séem meet and to cause the same to be levied by Distress and Sale of his or their Goods c. Officer And in Case of refusal or if any c. so Chosen c. shall happen to dye § 9. N. 2. or shall for any lawful Impediment be discharged c. that then some other fit Person c. within that County shall be appointed by two or more Iustices in the said County living near the said Highway c. and the person c. so Chosen shall and are hereby upon notice thereof to him or them given under the Hands and Seals of the said Iustices by whom he or they shall be so Chosen to take upon him or them the said Office of Surveyer c. and under such and the like penalties as if he or they had been Chosen by the Iustices at their Sessions of the Peace in manner as aforesaid 16. 17. Car. 2. 10. § 4. N. 1. C. 2. § 2. N. 3. And viz. any Person c. by Warrant under the Hand and Seal of any one Iustice of the Peace directed to any Officer Woods such Officer shall have power to enter into and search the Houses Outhouses Yards Gardens or other places belonging to the Houses of all and every Person c. they shall suspect to have any kind of Wood under-Woods Poles or young Trées or Bark or Bark of any Trees or any Gates Stiles Posts Pales Rails or Hedgewood Broom or Furze § 3. N. 2. And if such Offender c. do not make recompence c. to the said owner Imprisonment c. and also pay the said Sum viz. set by the said Justice not exceeding x s. for Breaking Cutting or Stealing c. to the Poor c. then the said Iustice shall Commit the said Offender c. to the House of Correction for such time as the said Iustice shall think fit not excéeding one month or to be whipped by the Constable or other Officer as in his Iudgment shall séem expedient C. 11. § 7. N. 1. Be it Enacted That c. two able
the time being shall have power to put other discreet persons learned in the Law in such Commissions though they have not Lands or Tenements to the value aforesaid by his Discretion War And if it be found by Enquiry before Iustices of Peace and proved C. 19. § 2. N. 5. that they viz. Souldiers have so mustred of Record and departed from their Captains aforesaid viz. within the term of retainer without Licence as afore is said viz. under Seal of Captain for Sicknes c. that then they shall be punished as Felons Sheriffs And that the Iustices of Assises in their Sessions 23 H. 6. C. 10. § 2. N. 13. c. and Iustices of Peace in their County shall have power to enquire hear and determin of Office without special Commission of and upon all them viz. Sheriffs Bailiffs Coroners c. that do contrary to these Ordinances in any Article or point of the same Fees And the Iustices of the Kings Bench and of the Common-place C. 11. § 3. N. 1. Iustices of Assises and Goal-delivery and Iustices of Peace in every County shall have power to enquire hear and determin of all the said Defaults as well by Enquiry at the Kings Suit as by Action at the Suit of the Parties viz. for undue levying of Wages of Knights of Shires of Parliament Attorney And if any Person or Persons usurp 33 H. 6. C. 7. § 3. N. 8. or presume to be Atturneys in Courts of Record in the said Counties viz. of Norfolk or Suffolk or City viz. of Norwich otherwise then before is specified viz. by Election of the Justices c. and that found by Enquisition taken before the Iustices of Peace in the said City or Counties which shall have power by Virtue of this Ordinance to enquire thereof in their Sessions or in any other manner lawfully proved that then he or they that so presume if they be thereof lawfully Convict shall forfeit twenty pounds c. Statuta Ed. 4. Sheriffs BVT that the said Sheriffs and their Vnder Sheriffs 1 Ed. 4. C. 2. § 3. N. 4. Clerks or Bailiffs and their Ministers shall bring present and deliver all such Indictments viz. of Felony Trespass c. or Presentments taken before them or any of them in their Towns or Law-days aforesaid to the Iustices of Peace at their next Sessions of the Peace that shall be holden in the County or Counties where such Indictments and Presentments shall be taken before the Iustices of such County or Counties for the time being Indictments And that the said Iustices of Peace shall have Power and Authority to Award Process upon all such Indictments as the Law doth require § 3. N. 6. and in like form as if the said Indictments and Presentments were taken before the said Iustices of Peace in the said County or Counties and also to Arraign and deliver all such Person or Persons so Indicted and Presented before the said Sheriffs Vnder Sheriffs their Clerks Bailiffs and their Ministers or any of them in their Towns or Law-days Amercement And all such Person or Persons which be Indicted or Presented of Trespass § 3. N. 7. shall make such a Fine as shall seem lawful by their Discretions Drapery And that every Iustice of Peace for the time being of every County of this Realm throughout the same County out of Cities 4 Ed. 4. C. ◠§ 6. N. ◠Boroughs and Towns where any Mayor Master Warden Bailiff or Bailiffs is or be and shall have Power and Authority by this Ordinance to hear and determin the Complaints of every such Cloath-maker and Labourer as well for Non-paymnt of the said Labourers wages as of the said Forfeiture and Dam ageseby due Examination of the Parties in this behalf thereupon for nonpayment of the said Duties and Forfeiture and for the said Damages to comit the said Offenders in this behalf to the next Goal within the same County there to remain till the said Duties Forfeitures and Damages be fully paid to the said Labourer or Cloath-maker § 6. N. 4. And also that every of the said Iustices of Peace Justices c. upon the Information or Complaint of any other Person which is not grieved in this behalf shall have power by the said Authority within his Iurisdiction to cause the Party to come before him against whom such Information or Complaint shall be made for Offending this Ordinance and to examin him in and upon the matter contained in the same Information or Complaint § 6. N. 6. And that every of the said Iustices of Peace Process c. within his Iurisdiction upon every of the said Informations or Complaints shall have full power to make like Process against the Party upon whom any such Information or Complaint as before is rehersed shall be made to cause him personally to appear before him thereupon to be examined as Iustices of Peace have upon Information or Complaint made to them for surety of the Peace without any Fee or Reward to be taken or had by any of the said Iustices c. 12 Ed. 4. C. 9. § 6. N. 14. And the Iustices of Peace in every place Corporate Corporation and the Iustices of Peace in every other place having Iustices of Peace within them shall have power to hear and determin every such Forfeiture viz. of Escheator not having twenty pound a year or Letting to Farm c. upon Presentment thereof had before them in their Sessions § 6. N. 15. In which Presentment like Process shall be had as is used upon Indictments of Trespass Process done with Force and Arms against the Kings Peace 17 Ed. 4. C. 4. § 1. N. 13. And also that the Iustices of Peace for the time being within any County of this Realm and every of them shall have full power to enquire Masons hear and determin by their discretions as well by Examination or otherwise the Defaults Offences and Trespasses which shall happen to be comitted contrary to this Ordinance viz. of Tile-makers as well at the Kings Suit as at the Parties which shall fell himself greived in that behalf § 1. N. 14. And if it be found or may appear Justices to the Iustices of Peace or any of them by Examination or otherwise by their Discretion that any Person or Persons hath offended contrary to this Ordinance that then the same Iustices before whom it shall be found or appear shall assess upon the Offenders in this behalf no less Fine than for every M. of plain-Tile set to sale contrary to this Ordinance V s. and for every C. of Roof-tile VI s. VIII d. and for every C. of Corner-tile or Gutter-tile II s. sold contrary to this Ordinance c. § 1. N. 15. And that the same Iustices shall have full power to call before them or any of them at any time and place
due Imployment of such Charitable Gifts according to the true intent and meaning of the Donors thereof except Gifts to the aforesaid Vses made in any Colledge Hall Frée-School or Hospital which have Visitors of their own and also to Hear and Determine all Offences Defaults and Defects in Surveyors or others concerning the Premisses Error Provided that if any Person be agrieved with such Order §. 15. N. 1. they shall have Liberty to appeal to the Court of Chancery as in the Case of a Decrée made upon the Statute viz. 43 Eliz. 4. of Charitable Vses Certiorari And be it further Enacted c. That § 16. N. 1. c. no Certiorari shall be allowed to remove any Information Indictment Presentment Order or other Procéedings in the Quarter Sessions of for or concerning any matter or thing in this Act unless the Party or Parties against whom any such Information Indictment Presentment Order or other Proceeding shall be had by Vertue of this Act shall before the Allowance of such Certioraries become bound to the Person or Persons prosecuting in the Sum of xl l. with sufficient Sureties as the Iustices of Peace at their said Quarter Sessions of the Peace shall think fit with Condition to pay unto the said prosecutors within one month after the Conviction of such parties Indicted their full Costs and Damages to be ascertained upon their Oaths and that in default thereof it shall be lawful for the said Iustices to proceed to Tryal of such Indictments any such Writs of Certiorari to remove the same Indictments notwithstanding C. 7. § 7. N. 1. And be it further Enacted c. That it shall and may be lawful Leather to and for the Masters and Wardens of the Cordwainers Sadlers Girdlers and Curriers of the City of London c. and to and for all Iustices of the Peace Mayors and Chief Officecs of Corporations within this Realm c. Wales c. as well by Land as by Water to search for and seize any Leather or raw Hides wrought or unwrought cut or uncut packed up or unpacked intended or purposed to be Transported by any person c. Into any parts beyond the Sea or into Holland other then Calves skins and Shéep skins c. C. 9. § 2. N. 6. And the said two Iustices viz. next Parish of Poor and maimed Officer in the late Wars c. upon the Examination of the truth of such Certificate Poor viz. of Captain or Commission Officer c. which the said two Iustices are hereby Impowered to take upon Oath of the Party and of such Witnesses as he shall produce shall by Warrant unto the Treasurer Assign him relief until the next Quarter Sessions to be holden for that County or Liberty at which time a yearly Pension shall be by the said Iustices or the major part of them granted in manner and form and with power of Revocation or Alteration as by the said Statute viz. 43 Eliz. 3. § N. is further declared and directed C. 10. § 4. N. 1. And be it further Enacted c. that the several Constables and other Officers Taxes who are hereby Authorized to take the Account of the aforesaid Hearths Stoves within their particular Limits as aforesaid shall at the next Quarter Sessions after the last day of May to be holden for their respective Counties deliver all such Accounts in Writing as they shall receive reform or take by their own view unto the Iustices of the Peace in their respective Quarter Sessions of the said Counties together with a true note of the Names of all such Persons who shall refuse or neglect to give unto them an account under their Hands of such Hearths and Stoves within their respective Houses Edifices Chambers and Lodgings as aforesaid § 5. N. 1. And be it further Enacted That the said Iustices of the Peace shall cause all the said Accounts of the several Hearths and Stoves Account within the respective Counties to be Inrolled by the Clerk of the Peace of the said respective Counties Ridings in York-Shire and Divisions in Lincolnshire and also a Duplicate thereof in parchment under the Hands and Seals of thrée or more of the Iustices of Peace of the respective Counties and Places aforesaid who are hereby required to sign the Sum to be returned into His Majesties Court of Exchequer within one month next after such Account delivered unto them at their respective Quarter Sessions aforesaid N. 2. Vpon pain that the Clerk of the Peace of every such County Riding Forfeiture or Division respectively offending therein shall forfeit to his Majesty his Heirs and Successors the Sum of two Hundred pounds for the first month and for the second month he shall so neglect every such Clerk of the Peace shall forfeit and lose his or their Place and Office and the same shall become void accordingly c. § 18. N. 1. Provided always and be it hereby Enacted Poor That if the Church-wardens and Overséers of the Poor of the Parish together with the Minister of the same or any two of them whereof the Minister to be one shall in Writing under their Hands yearly Certifie their belief that the House wherein any Person doth Inhabit is not of greater value then of twenty shillings per Annum upon the full Improved Rent and that neither the Person so Inhabiting nor any other using the same Messuage hath useth or occupieth any Lands or Tenements of their own or others of the yearly value xx s. per Annum nor hath any Lands Tenements Goods or Chattels of the value of Ten pounds in their own possession or in the possession of any other in trust for them that then in such Case upon such Certificate made by the two next Iustices of the Peace and allowed for which Certificate and Allowance no fée shall be paid the person on whose behalf such Certificate is made c. shall not be returned by the Constable or other Officer and the said house is hereby for that year discharged of and from all the Duties by this Act Imposed Merchants Be it Enacted c. That where any Officer C. 11. § 6. N. 5. c. viz. in Execution of this Act against concealing of Customes c. shall be by any person c. Armed with Club or any manner of Weapon forcibly hindered afronted abused beaten or wounded c. either on Board any Ship or Vessel or upon the Land or Water in the due execution of their Office all and every person c. so refusing afronting abusing beating or wounding the said Officer c. or their Deputies or such as shall act in their Aid or Assistance shall by the next Iustice of Peace or other Magistrate be committed to Prison there to remain till the next Quarter Sessions Process And the Iustices of Peace of the said Quarter Sessions N. 6. shall and are hereby Impowered
of Fact or if Judgment be given against him on nihil dicit for any other Cause any of these are sufficient Convictions whereupon to recover his penalty for Convicted is here 23 Eliz. 1. § 5. N. 1. to be taken for attainted as 't is in many other Cases for until Judgment he shall forfeit nothing and altho he that is Convicted is not therefore attainted yet every one who is attainted or adjudged is Convicted and of such a Conviction is this Statute to be understood infra 233. Good-behavior XXX The Laws c. 63 64. Upon the words Be bound in 23 Eliz. 1. § 5. N. 2. Some have made a question and among them Mr. Shephard in his Sure Guide cap. 6. Sect. 5. by whom or in what Court the Recusant shall be bound to the good behavior by force of this Statute for that the Court is not expresly mentioned and Wingate Crown 44. hath stumbled upon a conceit that after Certificate made in B. R. a Justice of Assize Goal delivery or Peace shall bind the party to the good behavior and misrecites the Statute accordingly but it seemeth the intention of the Law makers was that he should be bound in B. R. and of that opinion is Dalt 192. § 5. cap. 75. tit good behaviour 2. For where any proceedings are appointed to be upon or after a Certificate sent to any Court there by Common intendment the proceedings are to be in that Court to whom the Certificate is sent if no other Court be named and it cannot be presumed by any reasonable construction of 23 Eliz. 1. § 5. N. 2. That the Certificate into B. R. is to any other end than for the Justices there to proceed in such manner as the Act directs to be done after such Certificate as no question they may in this Case as well as upon Certificate of a presentment or of refusal of the Oath of Supremacy against 5 Eliz. 1. § 5. N. 10. Supra 39. and t is a rule in Construction of Statutes that where the intention plainly appears the Law ought to be advanced according to its end tho the words be short and imperfect especially Laws made for Religion as is held Hob. 157. and 11 Co. in Magdalen Colledge Case and 2 Bulstrode 155. 3. Popish Recusants Convicted are not to be reputed sufficient sureties within 23 Eliz. 1. § 5. N. 2. and therefore were refused by the Court of B. R. in the Case of Griffith 2 Bulstrode 155. XXXI The Laws c. 64. An Usher or assistant in teaching is a Master in the School and seemeth to be included within the word School-Master 23 Eliz. 1. § 6. N. 1. and the following words here or teacher explain who is intended viz. Every teacher of youth 23 Eliz. 1. § 7. N. 2. Scholars XXXII The Laws c. 65. 66. Abr. 69. This limitation of time within one year and day 23 Eliz. 1. § 8. N. 1. Extends not to any offence made Treason by 23 Eliz. 1. but only to such offences mentioned in this Act or 1 Eliz. 1. 2. and 5 Eliz. 1. and 13 Eliz. 2. as concern the Kings Supremacy in Causes Ecclesiastical the service of God coming to Church or Establishment of Religion 2. And for those touching Religion 23 Eliz. 1. § 8. N. 1. enlargeth the time limited by 1 Eliz. 2. § 20. N. 1. which saith the party must be Indicted the next Sessions or 1 Eliz. 2. § 22. N. 1. If in a Corporation within fifteen dayes after Easter or Michaelmas for now he may be Indicted at any time within the year and day 3. But for absolving or withdrawing or for being absolved withdrawn or reconciled which are 23 Eliz. 1. § 2. N. 1. made Treason no time is limited for the prosecution but the offender may be Indicted at any time after the year and day for the latter part of 23 Eliz. 1. § 8. N. 2. Speaks of those offences of Treason which the Justices of Peace cannot hear and determine and there no time is limited altho there be in the former part 23 Eliz. 1. § 8. N. 1 for those offences which are inquirable by Justices of Peace 1 Leonard 238. pl. 322. Guilfords Case Justices XXXIII The Laws c. 66. 67. Abr. 70. Upon 23 Eliz. 1. § 9. N. 1. The Justices of the Court of B. R. are the Soveraign Justices of Oyer and Terminer and Goal-delivery 9 Co. 118. Lord Sanchers Case and therefore may enquire of hear and determine the offences against this Act altho they be not here especially named 2. If an Indictment be preferred upon this Statute 23 Eliz. 1. § 9. N. 1. before Justices of Oyer and Terminer or of Assize for any offence not made Treason or misprision and there is an Indictment before Justices of Peace likewise for the same offence the Judgment of the Justices who do first enquire hear and determine the same shall stand and the Judgment given by the other shall be void as was held in the like Case 2 Inst 739. Upon 31 Eliz. 7. § N. of Inmates 3. The power here given 23 Eliz. 1. § 9. N. 2. The Justices of Peace in their open Quarter Sessions to hear and determine the offence of not coming to Church is in force at this day notwithstanding 29 Eliz. 6. § 2. N. 2. which saith that every Conviction for not coming to Church shall be in B. R. or at the Assizes or general Goal-delivery and not elsewhere for 3 Jac. 4. § 7. N. 1. hath given power to Justices of Peace in their general or Quarter Sessions to enquire hear and determine of all offences for not coming to Church according to former Laws in such manner as the Justices of Assize and Goal delivery might do by former Laws in the Case of Recusancy for not repairing to Church which is clearly a reviver of the power of Justices of Peace given to them by 23 Eliz. 1. § 9. N. 2. to proceed against Recusants and taken from them by 29 Eliz. 6. § 2. N. 2. 4. Nor doth that following Clause 3 Jac. 4. § 7. N. 2. Touching Conviction by Proclamation impeach this or restrain the Justices of Peace to proceed to Conviction upon Proclamation only and default of appearance no more than the Justices of Assize or goal-delivery are restrained thereby or by 29 Eliz. 6. § 2. N. 5. which gives them likewise Authority to proceed by Proclamation 5. For these Clauses of 3 Jac. 4. § 7. N. 1. 2. are in the Affirmative viz. first that the Justices of Peace shall have power to hear and determine the offence of not coming to Church according to Laws in such manner as Justices of Assize and Goal-delivery might do and those Justices might hear and determine that offence according to this Statute 23 Eliz. 1. § 9. N. 1. and then comes the next Clause of 3 Jac. 4. § 7. N. 2. that the Justices of Peace shall have power to Convict by Proclamation which is