for the party Complainant as of the Default or Defaults of the said Iustices Sheriff or under Sheriff in this behalf supposed to be directed to sufficient and indifferent persons at the nomination and by the direction of the Chancellor of the Realm of England § 1. N. 9. And that the said Commissioners presently shall return into the Chancery the Enquests and matters before them Return in this behalf taken and found § 1. N. 10. And moreover that the Coroners of the same County for the time being Enquest in which Country such Riot Assembly and Rout shall be made shall make the Pannel upon the said Commission returnable for the time that the Sheriff so supposed in default shall continue in his Office Enquest Which Coroners shall return no persons § 1. N. 11. but only such which have Lands Tenements or Rents to the value of ten pounds by the year at least Coron And also that the same Coroners shall return upon every of the said persons impanelled at the first day when Issues be to be left 20 s. at least § 1. N. 12. and at the second day 40 s. at least and at the third day 100 s at least and at every day after the double at the least which Issues so returned in respect of nonappearances of such persons Impanelled shall be adjudged as forfeit to the King and Lyable to his use Return And if default be found in the said Coroners § 1. N. 13. touching the returne of such persons to be Impanelled or touching the return of such Issues as afore is said that every of them shall forfeit to the Kings use Forty pounds Sheriff And if it happen the said Sheriff so reputed in default § 1. N. 14. be discharged of his Office at the time that such Commission shall be awarded out of the Chancery that then the new Sheriff of the same County his Successor mediat or immediat for the time being and not the Coroners of the same County shall make the Pannel upon this Commission retornable in manner and form as the said Coroners should do in time when the Sheriff so reputed in default Continued in his Office Sheriff And that the same new Sheriff § 1. N. 15. shall incur like pain of Forty pounds to the King if any default in him be found touching the returne of other person by him Impannelled which have not Lands Tenements or Rents to the valve of Ten pounds by the Year or of returning such Issues which the Coroners be above charged to return as the said Coroners are to lose to the King in this behalf Chancery And that the Chancellour of England § 1. N. 16. for the time being as soon as he may have knowledge of such Riot Assembly or Rout shall cause to be sent the Kings Writ to the Iustices of the Peace and to the Sheriff or under Sheriff of the County where they be so made that they shall put the Statute viz. 13 H. 4. Cap. 7. in Execution upon the pain Contained in the same Execution And though that such Writ come not to the said Iustices § 1. N. 17. Sheriff or under Sheriff they shall not be excused of the pain aforesaid if they make not Execution of the said Statute viz. 13. H. 4. Cap. 7. Fees Provided alwayes that the said Iustices § 2. N. 1. and other Officers aforesaid shall execute their offices aforesaid at the Kings costs in going and Continuing in doing their said Offices by payment thereof to be made by the Sheriff of the same County for the time being by Indenture betwixt the Sheriff and the said Iustices and other Officers aforesaid to be made of the payment aforesaid whereof the said Sheriff upon his account in the Exchequer may have due allowance Riot And that such Rioters attainted of great and hainous Riots shall have one whole years Imprisonment at the least without being let out of Prison by Bayl Mainprise or in other manner § 2. N. 2. during the year aforesaid Imprisonment And that the Rioters attainted of pety Riots § 2. N. 3. shall have Imprisonment as best shall seem meet to the King or to his Counsel Americament And that the Fines of such Rioters attainted § 2. N. 4. shall be by the said Iustices increased and put to greater sums then they were wont to be put in such cases before the time in aid and Supportation of the Iustices and other Officers aforesaid in this behalf Process And that the Kings Leige people being sufficient to Travel in the County where such Routs Assemblies or Riots be § 2. N. 5. shall be Assistant to the Iustices Commissioners and Sheriff or under Sheriff in aid to resist such Riots Routs and Assemblies upon pain of Imprisonment and to make Fine and Ransom to the King Franchise And that the Bayliffs of Franchises shall cause to be Impannelled sufficient persons as before § 2. N. 6. upon pain to loose to the King Forty pounds in case that such sufficient persons may be found within the same Franchises § 2. N. 7. And that like Ordinances and payments shall hold place and take effect in Cities Burroughs and other places and Towns Corporation Infranchised which have Iustices of the Peace within the Cities Burroughs Towns and other places aforesaid § 2. N. 8. And that this Statute shall begin to hold place presently after the Proclamation thereof made Dayes Cap. 9. § 2. N. 1. Provided alwayes that the suggestions of such Riots viz. by persons fled to places unknown be testified to the Chancellor of England Riot by Letters sealed under the Seals of two Iustices of Peace at the least and the Sheriff of the County where such Riots shall be made before that the Writ of Capias be granted 8 H. 6. Cap. 14. § 2. N. 1. 2 H. 5. St. 2. p. 217. Our Lord the King at his Parliament holden at Westminster the Monday next after the Utas of St. Martin the second year of his Reign Parliament by the Advice and Assent of the Lords Spiritual and Temporal and at the special Instance and request of the Commons of his Realm then there Assembled hath ordained and established divers Ordinances and Statutes in the manner and form as followeth Cap. 1. First Justices that the Iustices of the Peace from henceforth to be made within the Counties of England shall be made of most sufficient persons dwelling in the same Counties by the advice of the Chancellor and of the Kings Counsel without taking other persons dwelling in Forraign Counties to execute such Office except the Lords and the Iustices of Assises now named and to be named by the King and his Counsel and except all the Kings cheif Stewards of the Lands and Seigniories of the Dutchy of Lancaster in the North parts and in the
and Burroughs within the same Cities and Burroughs and Burrough-holders Constables and Wardens of the Peace within their Wards shall have Power to Execute this Act. Justices And that the Iustices Assigned at their coming down into the Country § 1. N. 5. shall have Power to enquire how such Officers and Lords have Executed their Offices in this Case and to punish them whom they find that have not done that which pertained to their Office Peace Item As to the keeping of the Peace in time to come Cap. 6. it is Ordained and Enacted that the Statutes made in times past with the Statutes of Winchester viz. 13 Ed. 1. St. 2. Cap. 1. c. Shall be observed and kept in every point Prerog And where it is Contained in the end of the said Statute of Winchester § 1. N. 2. viz. 13. Ed. 1 St. 2. 3. Cap. 6. § 1. N. 15. That the Iustices Assigned shall have Power to Enquire of Defaults and to report to the King in his Parliament and the King to Remedy it which no man hath yet seen the same Iustices shall have Power to punish the Disobeyers and Resisters Justices Item It is Ordained that good and discreet Persons 4 E. 3. Cap. 2. other than of the Places if they may be found sufficient shall be Assigned in all the Shires of England to take Assizes Iuries and Certifications and to deliver the Goods Days And that the said Iustices shall take the Assizes § 1. N. 2. Iuries and Certifications and deliver the Goods at the least three times a year and more often if need be Peace Also there shall be Assigned § 1. N. 3 Good and Lawful men in every County to keep the Peace Indictments And at the time of the Assignments mention shall be made § 1. N. 4. that such as shall be Indicted or taken by the said Keepers of the Peace shall not be let to mainprise by the Sheriffs nor by none other Ministers if they be not mainprisable by the Law § 1. N. 5. Nor that such as shall be Indicted shall not be delivered but at the Common Law Certirorari § 1. N. 6. And the Iustices Assigned to deliver the Goals shall have power to deliver the same Goals of those that shall be Indicted before the Keepers of the peace § 1. N. 7. And that the said Keepers shall send their Indictments before the Iustices and they shall have power to Enquire of Sheriffs Goalers and other in whose Ward such Indicted persons shall be if they make deliverance or let to mainprise any so Indicted which be not mainprisable and to punish the said Sheriffs Goalers and others if they do any thing against this Act. 5 Ed. 3. Cap. 11. § 1. N. 2. It is Enacted that the Iustices Assigned to hear and determine such Felonyes viz. of persons Indictable in one County that dwell in another shall direct their Writs to all the Counties of England where need shall be to take such persons Indicted Proces Ca. 14. § 1. N. 3. It is accorded that if any may have any Evil suspition of such viz. Robedsome Wasters and Drawlatches be it by day or by night Coron they shall be incontinently arrested by the Constables of the Townes 10 Ed. 3. Ca. 3. § 1. N. 3. And they that will aid themselves by such Charters viz. of pardon and have not found mainprise viz. of such as above is said Pardon or after the mainprise found bear themselves otherwise against the peace than they ought their Charters shall be holden for none 18 Ed. 3. p. 09. § 1. No. 3. An Exigent c. against Conspirators Outlary and Confederators of Quarrels and deceivers of Customes and false mony § 1. N. 4. And against them that Commit Routs in Affray of the people Riot 18 E. 3. St. 2. Cap. 1. Commissioners of new Enquiries shall cease serving Indictments of Felonies and Trespasses of Wools carried out without Subsidies Enquest Customes c. Cap. 2. Item Justices That two or three of the best of Reputation in the Counties shall be Assigned Keepers of the Peace by the Kings Commission 18 H. 6. Cap. 11. § 1. N. 2. And at what time need shall be the same with other Wise and Learned in the Law shall be Assigned by the Kings Commissions to hear and determine Felonies and Trespasses done against the peace in the same Counties and to inflict punishment reasonably according to the Law and Reason and the manner of the deed Cap. 5. Item Outlary That from henceforth no Exigent shall go out in case where a man is Indicted of Trespass Vnless it be against the peace or of things which be contained in the declaration made in this case at the last Parliament holden at Westminster 18 Edw. 3. Sta. 1. pa. 109 25 Ed. 3. Cap. 8. The Iustices shall hold their Sessions four times in the year Duties and at all times that shall be needful 12 R. 2. Cap. 10. § 1. N. 2. and 2 H. 5. Cap. 4. § 2. N. 2. 27 Ed. 3. Sta. 2. Ca. 20. § 1. N. 2. Of the Staple We have ordained Merchants c. that if any outrage or Greivances be done to them viz. To Merchants Strangers in the County out of the Staple the Iustices of the Peace where such Outrages shall be done shall do speedy Iustice to them after the Law Merchant from day to day and from hour to hour without sparing any man or to drive them to fue at the Common Law C. 21. § 1. N. 5. And that the said Major and Constables viz. of the Staple shall have power to keep the peace c. Peace 34 Ed. 3. p. 139. These be the things which our Lord the King the Prelates Parliament Lords and the Commons have ordained in this present Parliament holden at Westminster the Sunday next before the Feast of the Conversion of St. Paul to be holden and published openly through the Realm Cap. 1. That in every County of England shall be assigned for the keeping of the Peace one Lord Justices and with him three or four of the most worthy in the County with some Learned in the Law § 1. N. 2. And they shall have Power to restrain the Offenders Rioters Riot and all other Barrators and to pursue arrest take and chastise them according to their Trespass or offence Imprisonment And to cause them to be Imprisoned and duly Punished §. 1. N. 3. according to the Laws and Customs of the Realm and according to that which to them shall seem best to do by their Discretion and good Advisement Poor And also to Inform them § 1. N. 4. and to Enquire of all those that have been Pillors and Robbers in the parts beyond the Sea and be now come
Imprisonment and to mak◠Fine to the King 8 H. 6. Cap. 9. § 1. N. 4. § 1. N. 5. And in the same manner it shall be done of them that make such forcible Entries in Benefices or Offices of holy Church 8 H. 6. Cap. 9. § 1. N. 5. Church 17 R. 2. C. 8. The Sheriffs and all other the Kings Officers Riot shall Suppress Riots and Imprison them and all others Offending against the Peace 4. Inst 51. 13 H. 4. Cap. 7. C. 9. § 1. N. 7. Wherefore it is Accorded c. Fish That the Iustices of Peace of all the Counties of England shall be Conservators of the said Statutes viz. 13 Ed. 1. St. 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. in the Counties where they be Iustices and that they and every of them at all times when they may attend shall Survey the Offences and Defaults attempted against the Statutes aforesaid § 1. N. 8. And also shall Survey and Search all the Wears in such Rivers Sewers that they shall not be very strait for the distinction of such Fry and Brood but of reasonable widenes after the old Assise used and accustomed § 1. N. 9. And that the same Iustices or any of them which shall find Default Process or Abuse against the Statutes aforesaid viz. 13 Ed. 1. St. 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. shall make due Punishment of them which be found in default after the Content of the same Statute §. 1. N. 10. And that the same Iustices Deputy shall put good and sufficient Vnder-Conservators of the same Statutes viz. 13 Ed. 1. St 1. 2. Cap. 47. 48. and 13 Ric. 2. Cap. 19. under them which shall be sworn to make like Surveying Search and Punishment without any favour thereof to be shewed § 1. N. 11. And moreover that the same Iustices in their Sessions shall Enquire Enquest as well by their Office as at the Instance of the under-Conservators aforesaid of all Trespasses Misprisions and Defaults made against any of the Points aforesaid § 1. N. 12. And shall cause them which be thereof Indicted to come before them Process Imprisonment § 1. N. 13. And if they be thereof Convict they shall have Imprisonment and make Fine after the discretion of the same Iustices C. 10. Item Forasmuch as Theeves notoriously defamed Enquest and others taken with the manner by their long abiding in Prison after that they be arrested be delivered by Charters and favourable Enquests procured to the great hindrance of the People § 1. N. 2. It is Accorded and Assented Justices that in every Commission of the Peace through the Realm where need shall be two men of Law of the same County where such Commission shall be made shall be assigned to go and proceed to the deliverance of such Theeves and Felons as often as they shall think it expedient 18. H. 6. Cap. 11. 20 R. 2. p. 186. The King at his Parliament holden at Westminster in the Feast of St. Vincent the twentieth year of his Reign by the Assent of the Prelates Parliament Lords and Commons of his Realm of England assembled in the same present Parliament for the Quietness and Tranquillity of his People hath made certain Statutes and Ordinances in the form which followeth Cap. 1. First Peace whereas in a Statute made the seventh year of the Reign of the King that now is viz. 7 R. 2. Cap. 13. It is Ordained and Assented that no man shall ride Armed within the Realm against the form of the Statute of Northampton viz. 2 Ed. 3. Cap. 3. thereupon made nor with Launce-gays within the same Realm § 1. N. 2. And that the said Launce-gays shall be utterly put out within the said Realm as a thing prohibited by the King War upon pain of forfeiture of the same Launce-gays Armors or any other Harnes in the hands and possessions of them that bear them from henceforth within the same Realm against the same Statutes and Ordinances viz. 2 E. 3. Cap. 3. 7 Rich. 2. C. p. 13. without the Kings special Licence Riot Our Lord the King §. 1. N. 3. considering the great clamour made to him in this present Parliament because that the said Statute is not holden hath ordained and established in the said Parliament that the said Statutes viz 2 Ed. 3. cap. 3. 7. Rich. 2. cap. 13. shall be fully holden and kept and duly executed and that the said Lance-gayes shall be thereby put out upon the pain contained in the said Statute of Northampton viz. 2 Ed. 3. cap. 3. and also to make fine and ransom to the King Officer And moreover that no Lord Knight nor other § 1. N. 4. little nor great shall go nor ride by night nor by day armed nor bear Sallet nor Skull of Iron nor of other Armor upon the pain aforesaid Save and except the Kings Officers and Ministers in doing their Office Maintenance And moreover the King will and hath ordained § 1. N. 5. that the Statute made the first year of his Reign viz. 1 Rich. 2. cap. 7. Of Liveries of Hats shall be holden and kept upon the pain contained in the same Statute and upon pain to be imprisoned and make Fine and Ransome to the King Statuta Hen. 4. Justices JOyned thereto viz. to 1 H 4 Cap. 7. 2 H. 4. Ca. 21. § 2. N. 3. Of Liveries that the Iustices of the one Bench and of the other and the Iustices of Assises and of the Peace have power and authority to enquire hear and determine in this case by Record in their presence or by inquiry to be made from time to time Force And if such Disseisor be attainted of such Dissessin made in such forcible manner he shall have one years imprisonment 5 H. 4. Cap. 8. § 1. N. 3. and yeild to the party greived his double damages Justices And that in the Commissions of the Peace hereafter to be made 4 H. 4. Cap. 3. § 1. N. 2. this Article be put in that the Iustices of the Peace have power thereof viz. of Watches on the Sea-coasts to make inquiry in their Sessions from time to time and to punish them which be found in default after the tenor of the said Statute viz. 13 Ed. 1. St. 2. 3. cap. 4. Of Winchester Imprisonment Item because that divers Constables of Castles within the Realm of England be assigned to be Iustices of Peace by Commission of our Lord the King Cap. 10. and by colour of the said Commissions they take people to whom they bear evil will and imprison them within the said Castles till they have made fine and ransom with the said Constables for their deliverance It is ordained and established § 1. N. 2. that none be imprisoned by any Iustice
Exemplification to him directed to be delivered to the Iustices of the Peace in his County named of the Quorum or to one of them to remain with such Iustices which be or shall be for the better putting of the foresaid Statutes and Ordinances in due Execution Sheriffs And in Shires where divers Commissions of the Peace be made § 1. N. 5 there shall be so many Exemplifications of the Statutes and Ordinances aforesaid made as be Commissioners of the Peace in the same Shires and sent to the Sheriffs to make Proclamation and to deliver the same as is aforesaid Justices And that the Iustices of Peace in every Shire named of the Quorum § 2. N. 1. be resident within the same Shire except Lords named in the Commission of the Peace and also except Iustices of the one Bench and of the other the cheif Baron of the Exchequer Serjeants at the Law and the Kings Atturney be attending and occupyed in the Kings Courts or otherwise in some other place occupyed in the Kings Service Days And make their Sessions four times by the year § 2. N. 2. that is to say in the first week after the Feast of St. Michael and in the first week after the Epiphany and in the first week after the Clause of Easter and in the first week after the Translation of St. Thomas the Martyr and more often if need be 36 Ed. 3. Cap. 12. and 25 Ed. 3. Cap. 8. and 14 H. 6. Cap. 4. § 1. N. 4. And that the same Iustices hold their Sessions throughout the Realm of England in the same weeks every year from henceforth 12 Rich. 2. § 2. N. 3. Cap. 10. § 1. N. 2. Apprentice And also the Iustices of Peace from henceforth have power to Examin § 2. N. 4. as well all manner of Labourers Servants and their Masters as Artificers by their Oaths of all things by them done contrary to their said Ordinances and Statutes and upon that to punish them upon their confession after the effect of the Statutes and Ordinances aforesaid as though they were Convict by Enquest Sheriffs And that the Sheriff in every Shire of the Realm of England § 2. N. 5. shall do well and duly his Office in this behalf upon pain to loose and to forfeit to our Lord the King twenty pounds Religion And moreover that the Iustices of the Kings Bench Cap. 7. § 1. N. 9. and Iustices of the Peace and Iustices of Assise have full power to enquire of all them which hold any Errors or Heresies as Lollards and which be their Maintainers Favourers and Sustainers Comon-writers of such Books as well of the Sermons as of their Schools Conventicles Congregations and Confederacies and that this Clause be put in Commssions of the Iustices of the Peace Riot Item Cap. 8. Whereas it is contained in the Statute made the thirteenth year of the noble King Henry Father to our Lord the King that now is viz. 13 H 4. Cap. 7 amongst other things that if any Riot Assembly or Rout of people against the Law be made in any part of the Realm then the Iustices of the Peace three or two of them at the least and the Sheriff or under Sheriff of the County where such Riot Assembly or Rout shall be made hereafter should come with the power of the said County if need were to arrest them and them should arrest 19. H. 7. Cap. 13. § 1. N. 2. And viz. 13 H. 4. Cap. 7. § 1. N. 2. the same Iustices Record Sheriffs or under Sheriffs should have power to record that which they find so done in their presence against the Law and viz. 13 H. 4. Cap. 7. § 1. N. 2. that by Record of the same Iustices Sheriff or under Sheriff such Trespassers or Offenders should be Convict in manner and form as is contained in the Statute of forcible entries 19 H. 7. Cap. 13. § 1. N. 2. 3. § 1. N. 3. And viz. 13 H. 4. Cap. 7. § 1. N. 4. Enquest if it happen that such Trespassers or Offenders were departed before the coming of the Iustices Sheriff or under Sheriff that the same Iustices three or two of them shall diligently enquire within a month after such Riot Assembly or Rout of people so made and the same hear and determin according to the Law of the Land § 1. N. 4. And viz. 13 H. 4. Cap. 7. § 2. Certificat N. 1 if the truth could not be found in manner as afore is said within a month then next ensuing the said Iustices three or two of them and the Sheriff or under Sheriff shall certifie before the King and his Counsel the Deed and circumstance of the same viz. 13 H. 4. Cap. 7. § 2. N. 2. which Certificat shall be of like force as the Presentment of twelve men upon which Certificat the said Trespassers and Offenders shall be put to Answer § 1. N. 5. And viz. 13 H. 4. Cap. 7. § 2. N 2. Judgement they which be found guilty should be punished according to the discretion of the King and his Counsel § 1. N. 6. And viz. 13. H. 4. Cap. 7. § 4. N. 1. Justices moreover that the Iustices of Peace dwelling neerest in every County where such Rout Assembly and Riot of people should be made hereafter together with the Sheriff or under Sheriff of the same Counties and also the Iustices of Assise for the time that they shall be in their Sessions in case that any such Riot Assembly or Rout be made in their presence shall make Execution of this Statute every one of them upon pain of 100 l. to be paid to the King as often as they shall be found in default of Execution of the same Statute § 1. N. 7. And forasmuch as many Riots Routs Process and Assemblies have been made in divers parts of the Realm since the making and proclamation of the same Statute viz. 13. H. 4. Cap. 7. because that the same Statute hath not been put in due Execution as our Soveraign Lord the King perceived by divers and grievous complaints to him made in this present Parliament § 1. N. 8. The same our Lord the King willing hereof to provide a better remedy Riot by the advice and assent aforesaid and at the suit of the said Commons hath ordained and established that if default be found in the said two Iustices of the Peace or Iustices of Assise and the Sheriff or under Sheriff of the County where such Riot Assembly or Rout shall be made touching the Execution that they ought to make by Virtue of the said Statute viz. 13. H. 4. Cap. 7. and whereof the said Statute maketh mention that then at the instance of the party greived the Kings Commission shall go out under his great Seal to enquire as well of the truth of the Case and of the Original matter
punish the Infringers and Contemners thereof in such wise as is limited by the same have been very remiss and negligent in doing their Offices to the great detriment hurt and prejudice of the Common-wealth Days For Reformation whereof § 1. N. 3. be it Enacted by the King our Soveraign Lord with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same that all and singular the Iustices of Peace within any Shire City Borough or Place within this Realm of England Wales or any other the Kings Dominions shall yearly at the general Sessions of the Peace to be holden next after the Feast of Easter assemble themselves together that is to say every Number of them within the limits of their Commissions wherein they be named Iustices of Peace 37 H. 8. Cap. 7. Peace And at and upon such their Assembly § 1. N. 4. shall diligently together amongst themselves peruse examine study and know the Effects and true Intents of the Laws Statutes Ordinances and Provisions hereafter specified that is to say the Laws and Scatutes heretofore made and provided concerning or in any wise touching Vagabonds Retainers giving Liveries Signs Tokens or Badges Maintenance Imbracery Bowstaves and Archery unlawful Games Forestallers and Regrators Victual-Victualers and Inn-holders and every of them and of all Statutes and Laws made in this present Parliament touching the same or any of them and after the perusing and deliberate understanding of the said Laws Statutes and Ordinances they shall devise among themselves how the same may be best put in due and just Execution 37 H. 8. Cap. 7. § 1. N. 2. Lieu. And for the better proceeding therein § 1. N. 5. they shall divide and sever them selves limiting and assigning alwayâ—s the number of two of them at least or more into Hundreds Wapentakes Rapes Commotes or number of Towns and Villages by their discretions 37 H. 8. Cap. 7. § 1. N. 4. Justices And that the said Iustices so divided § 1. N. 6. or two of them at the least shall in every Quarter of the Year from and after the said Feast of Easter next coming hold and keep within the limits of their Division one Session besides the general Quarter Sessions for the Peace the said one Session to be kept and holden alwayes within the limits of their Division at and in one such day as by them shall be appointed so that it be always six weeks at the least before the Quarter Sessions 37 H. 8. Cap. 7. § 1. N. 7. Dayes And that all Process and Proceedings in every of the said Sessions so to be holden shall be continued from Sessions to Sessions 37 H. 8. Cap. 7. § 1. N. 7. § 1. N. 6. Enquest And that the said Iustices or two of them at the least § 1. N. 8. at and in every such Sessions shall have power and authority to enquire as well by the Oaths of twelve men Inhabitants within the limits of their Division as by any Information given to them by any Person or Persons of all defaults offences or contempts done or committed or hereafter to be done or committed against the Form of any of the Statutes aforesaid and to hear and determin the same 37 Hen. 8. Cap. 7. § 1. N. 7. Outlary And shall also have power and authority upon any Presentment or § 1. N. 9 Information touching the Premises or any of them to make Process by Venire Facias one Capias and an Exigent under the Seals of the same Iustices or two of them against every such Person and Persons against whom any such Information or Presentment shall be had for their appearance afore them in their Sessions to be holden as is aforesaid to answer to such Information or Presentment as shall be there had or made 37. H 8. Cap. 7. § 1. N. 8. §. 1. N. 10. And if the Person or Persons accused by Information or Presentment shall be convict upon any such Information or Presentment by Confession or Verdict of twelve men that then the said Iustices of Peace Execution or two of them afore whom such conviction shall be had shall have power and authority to give Iudgement against every such Offender and Offenders so convict of such pains by imprisonment or such Pains losses and forfeitures of mony or both or any of them as are limited in the said several Statutes for such offences whereof they shall be so convict and cause Execution thereof to be made and had accordingly 37 H. 8. Cap. 7. § 1. N. 9. § 1. N. 11. And also the said Iustices of Peace or two of them Inquest at and in their said Sessions to be holden as is aforesaid shall have power and authority to correct and reform the Pannels of Iuries for any Inquiries to be made afore them touching the said Statutes or any of them in like manner or form as Iustices of Goal-delivery and of Peace may do in their Sessions by vertue of a Statute thereof made in the third year of our most dread Soverign Lord the Kings Raign that now is viz. 3 H. 8. 12. 37 H. 8. Cap. 7. § 1. N. 10. § 1. N. 12. And that the Sheriffs and other Ministers having power to return Pannels Return shall make his and their Returns according to such Reformation and Correction of the Iustices aforesaid upon the Pain limited by the same Statute viz. 3 H. 8. Cap. 12. 37 H. 8. 7. § 1. N. Cap. 11. § 2. N. 1. And it is ordained and enacted by Authority aforesaid Prerog that if any person or persons be Convict as is aforesaid by any Information afore the said Iustices or two of them within the limits of their Division that then the Moity of the Pains Losses and Forfeitures of Mony of the Offenders so Convict shall be to the Kings Majesties use and the other Moity thereof to the Party that persueth such Information according to the tenor and effect of the said several Statutes § 2. N. 2. And if any Conviction be had by reason or upon any Presentment Forfeiture that then the Kings Majesty shall have the whole Pains Fines and Forfeitures of the Offenders all which Pains Fines Losses and Forfeitures of Mony to be due to the King by reason of any Conviction as is aforesaid together with all Issues Fines and Amercements afore the said Iustices within the limits of their Division shall be levyed by the Sheriff or his Ministers by a Schedule Indented to be made between such Iustices or two of them afore whom such Pains Losses and Forfeitures Fines Issues and Amercements shall be lost and forfeit and the said Sheriff § 2. N. 3. The one part of which Schedule Certificate shall be certified by the said Iustices or two of them yearly in the Term of St. Michael into the Kings Exchequer
much thereof under the same fourth part of the said Woods and Vnder-woods as shall by the Discretions and Wisdoms of the said Iustices be thought necessary and requisite to limit and set out Parliament Statutes made in the Parliament holden at Westminster 37 H. 8. pa. 605. in the seven and thirieth year of the most renowned H. 8. by the Grace of God King of England France and Ireland Defendor of the Faith and of the Church of England and also of Ireland in Earth Supream Head Chancery Where before this time the Lord Chancellor of England for the time being hath by reason of his Office of the Chancellorship Cap. 1. the Nomination and Appointment of the Custos Rotulorum within all and every Shire of this Realm of England and Wales and other the Kings Dominions Marches and Territories of the same 3 4 Ed. 6. Cap. 1 § 2. N. 3. Peace And yet in like manner all and every person which had enjoyed the said Office of the Custos Rotulorum hath had until now of late § 1. N. 2. the nomination and appointment of the Clerk of the Peace within such Shires where he or they had and enjoyed the said Office of Custos Rotulorum Officer And where now of late divers and sundry persons within this Realm being not learned § 1. N. 3. nor yet meet ne able for lack of Knowledge and Learning to occupy and exercise the said Office of the Custos Rotulorum and of the Clerk of the Peace have of late years by labor friendship and means attained and gotten for term of their lives of the Kings Majesty several Grants by his Highness Letters Patents to them made of the Clerkship of the Peace by reason whereof and for that the Parties to whom the said several Grants have been so made and granted have not been sufficiently learned to exercise and occupy the same Office and Offices many and sundry Indictments as well of Felony Murder and other Offences and Misdemeanors and the Process awarded upon the same Indictments have not only been by reason thereof made clearly frustrate and void sometime by reason of the negligent ingrossing and keeping of the said Indictments and sometime by reason of the Imbezelling or Razure of the same Indictments Inrollment But also viz. by ignorant Clerks divers and sundry Bargains and Sales of divers and sundry Mannors Lands and Tenements § 1. N. 4. had and made between party and party have been made frustrate and void for lack of sufficient Inrolment of the Bargains and Sales to be had and made by the Clerks of the Peace to the great hindrance of Iustice and to the Disinheritance of divers of the Kings most Loving Subjects § 2. N. 1. For Reformation whereof Ability to the intent that Iustice may be the better hereafter preserved and that the same Offices may hereafter be occupyed and exercised by such persons learned in the Laws of this Realm as shall be able to exercise and supply the same § 2. N. 2. Be it Enacted by the King our Soveraign Lord Prerog with the Assent of the Lords Spiritual and Temporal and of the Commons in this present Parliament assembled and by Authority of the same that no person or persons shall from henceforth be nominated and appointed to the said Office and Offices of the Custos Rotulorum within any Shire of this Realm of England Wales and other the Kings Dominions Marches or Territories of the same but such as shall have a Bill signed with the Kings hand for the same 3 4 Ed. 6. Cap. 1. § 2. N. 3. Which Bill signed Chancery shall be a sufficient Warrant by the Authority abovesaid to the said Lord Chancellor of England and the Lord Keeper of the Great Seal for the time being to make from time to time Commission or Commissions assigning and authorizing thereby the same person to be Custos Rotulorum untill the King hath by another Bill assigned with his own hand appointed and ordained one other person to have occupy and exercise the same Office of Custos Rotulorum 3 4 Ed. 6. Cap. 1. § 1. N. 2. § 2. N. 4. And that the said person appointed and Assigned to be Custos Rotulorum as is abovesaid shall and may occupy Patents exercise and enjoy the same Office of Custos Rotulorum by himself or by his sufficient Deputy learned in the Laws of this Realm and meet and able to supply the said Office according to the tenor of the said Grant or Commission 3 4 Ed. 6. Cap. 1. § 1. N. 3. § 3. N. 1. And be it further Enacted by the Authority of this present Parliament Peace that every Custos Rotulorum for the time being shall at all times hereafter in every Shire of this Realm Wales and other the Kings Dominions Marches and Territories of the same nominate elect appoint and assign all and every person and person which hereafter shall be Clerks of the Peace within any of the said Shires of this Realm of England Wales and other the Kings Dominions Marches and Territories of the same § 3. N. 2. And to give and grant the said Office and Offices of Clerkship of the Peace Officer to such able persons instructed in the Laws of this Realm as shall be able to exercise and occupy the same to hold and enjoy the same during the term that the said Custos Rotulorum shall occupy and exercise the said Office of Custos Rotulorum so that the said Clerk demean him in the said Office justly and honestly § 3. N. 3. And that it be lawful to every such Grantors of the said Clerkship Deputy to occupy and enjoy the same Office of the Clerkship of the Peace by himself or by his sufficient Deputy instructed in the Laws of this Realm so that the same Deputy be admitted taken and reputed by the said Custos Rotulorum be sufficient and able to exercise occupy keep and enjoy the same Office of the Clerkship of the Peace § 4. N. 1. Provided always and be it Enacted by the Authority aforesaid Patents that all such as now have any of the said Offices of Custos Rotulorum or Clerkship of the Peace by the Kings Letters Patents of Commission to them made shall and may enjoy have and exercise their said Offices by vertue of the same Letters Patents or Commission by themselves or by their sufficient and able Deputy instructed in the Laws of this Realm any thing in this present Act had or made to the contrary notwithstanding § 5. N. 1. Provided also and be it Enacted by Authority abovesaid Franchise that the Arch-Bishop of York the Bishop of Durham the Bishop of Ely and every of their Successors and all and every such person and persons Corporations and Bodies Corporate to whom the Kings Majesty or any of his Noble Progenitors by his or
their Letters Patents have given and granted any Liberty and Authority or otherwise have Authority by other lawful means or ways to ordain make and constitute any of the said Officers of Custos Rotulorum or Clerk of the Peace within any County Palatine or other place and may have and enjoy the same Liberty and Authority according as they have enjoyed the same any thing in this present Act had or made to the contrary notwithstanding Parliament Where in the Parliament begun at Westminster the sixteenth day of January in the three and thirtieth year of the Kings Majesties Reign Cap 7. viz. 33 H. 8. Cap. 10. § 1. N. 3. it was Enacted amongst other things that all and singular Iustices of the Peace within any Shire City Borough or place within this Realm of England Wales or any other the Kings Dominions should yearly at the general Sessions of the Peace to be holden next after the Feast of Easter assemble themselves together that is to say every number of them within the limits of their Commissions wherein they be named Iustices of the Peace c. Justices And forasmuch as the Kings most loving Subjects are much Travailed and otherwise Incumbred § 2. N. 1. in comming and keeping of the said six weeks Sessions to their Costs Charges and Vnquietness Be it therefore Enacted by the King our Soveraign Lord § 2. N. 2. with the Assent of the Lords Spiritual and Temporal and the Commons of this present Parliament assembled and by the Authority of the same that the said former Act made in the said three and thirtieth year of the Kings Majesties Reign viz. 33 H. 8. Cap. 10. and all Ordinances Articles Provisions and things therein contained shall be from henceforth repealed Inquest annulled and utterly voyd and of none effect to all Intents Constructions and Purposes § 2. N. 3. And that all and every Article therein contained viz. in 33 H. 8. Cap. 10. Justices shall be by vertue hereof inquired of before all Iustices of Peace at their August Quarter Sessions § 2. N. 4. And that the same Iustices of Peace at their said Quarter Sessions shall have like Power and Authority by vertue hereof to punish and reform all and every such Offence and Offences in like manner and form as they might have done by vertue of the said former Act made in the said three and thirtieth year of the Kings Reign viz. 33 H. 8. Cap. 10. Statuta Edw. 6. Religion AND for full and effectual Execution of c. this Act 1 Ed. 6. C. 1. § 1 N. 7. viz. against Reviling the Sacrament c. be it furthermore Enacted c. that c. the Iustices of Peace or three of them at the least whereof one of them to be of the Quorum in every Shire of this Realm and Wales and all other places within the Kings Dominions shall have full Power c. as well to take Information and Accusation by the Oaths and Depositions of two able honest and lawful persons at the least Days And after such Accusation or Information so had § 1. N. 8. to inquire by the Oaths of twelve men in every their four Quarter Sessions yearly to be holden of all and singular such Accusations or Informations to be had or made of any of the Offences abovesaid c. within the limits of their Commission Indictment And that upon every such Accusation and Information the Offender § 1. N. 9. c. shall be inquired of and indicted before the said Iustices of Peace or three of them at the least c. of the said Contempts and Offences by the Verdict of twelve honest and indifferent men if the matter of the said Accusation and Information shall seem to the said Iury good and true Justices And it is also further Enacted § 2. N. 1. c. that the said Iustices of Peace or three of them at the least c. before whom any such Presentment Information and Accusation shall be made or taken c. shall examin the Accusers what other Witnesses were by and present at the time of the doing and committing of the Offence c. and how many others than the Accusers have knowledge thereof â—ecogniâ—â—nce And shall have Power c. by their discretions § 2. N. 2. to bind by Recognizance to be taken before them as well the said Accusers as all such other persons whom the said Accusers shall declare to have knowledge of the Offences by them presented and informed every of them in five pounds to the King to appear before the said Iustices of the Peace before whom the Offender c. shall be tryed at the day of the tryal and deliverance of such Offenders § 3. N. 1. And it is further Enacted Process c. that the said Iustices of Peace or three of them at the least c. shall have full Power c. to make Process against every person and persons so Indicted by two Capias and an Exigent and by Capias Utlagatum as well within the limits of their Commission as into all other Shires and Places of this Realm Wales and other the Kings Dominions as well within Liberties as without c. § 3. N. 2. And upon the Appearance of any of the Offenders shall have full power Religion c. to determin the Contempts and Offences aforesaid viz. in reviling the Sacrament c. According to the Laws of this Realm and the effects of this Act. § 3. N. 3. And that the said Iustices c. or three c. at the least Bayl. c. shall have full Power c. to let any such person c. so Indicted upon sufficient Sureties by their discretions to Bail for their appearance to be tryed c. § 4. N. 1. Provided always and be it Enacted Ordinary that the said Iustices of the Peace or three of them at the least at their Quarter Sessions where any Offender c. shall be c. Indicted c. shall direct and award one Writ in the Kings Name to the Bishop of the Diocess wherein the said Offences c. are supposed to be committed or done willing and requiring the said Bishop to be in his own person or by his Chancellor or other his sufficient Deputy learned at the Quarter Sessions in the said County to be holden when and where the said Offender shall be arraigned and tryed appointing to them in the said Writ the Day and Place of the said Arraignment C. 5. § 2. N. 1. And be it further Enacted c. that it shall be lawful Merchants c. to all and every the Kings Iustices of Peace in every Shire as well in England as in Wales in their Quarter Sessions to inquire of all and every Offence or Offences hereafter to be perpetrated committed or done contrary to this Act viz. In conveying Horses
or Commissioners to inquire of Felonies in the County where such Offences of Accessary c. shall be committed c. shall be as good and effectual in the Law as if the said principal Offence had been committed c. within the same County where the same Indictment against such Accessary shall be found § 4. N. 2. And that the Iustices of Goal-delivery or Oyer and Terminer Accessary or two of them of or in such County where the Offence of any such Accessary shall be hereafter committed c. upon suit to them made shall write to the Custos Rotulorum or Keepers of the Records where such Principal shall be hereafter attainted or convicted to certify them whether such Principal be attainted or convicted or otherwise discharged of such principal Felony who upon such Writing to them or any of them directed shall make sufficient Certificate in Writing under their Seal or Seals to the said Iustices whether such Principal be attainted and convicted or otherwise discharged or not 3 4 Ed. 6. p. 667. Acts made in the Session of this present Parliament Parliament holden upon Prorogation at Westminster the fourth day of November in the third year of the Reign of our most Dread Soveraign Lord Edward the sixth by the Grace of God King of England France and Ireland Defender of the Faith and of the Church of England and also of Ireland in Earth the Supream Head and there continued and kept to the first day of February in the fourth year of the Reign of our said Soveraign Lord as followeth Cap. 1. Where in the Parliament holden at Westminster in the seven and thirtieth year of the Reign of the most excellent Prince of Famous Memory King Henry the eighth viz. 37 H. 8. Cap. 1. § 2. N. 2. Patents it was Enacted that no person or persons should from the making of the said Act be nominated and appointed to the Office or Offices of Custos Rotulorum within any Shire of this Realm of England Wales or other the Kings Dominions Marches or Territories of the same but such as should have a Bill signed with the Kings hand for the same § 1. N. 2. Which Bill signed viz. 37 H. 8. Cap. 1. § 2. N. 3. Chancery should be a sufficient Warrant by Authority of the said Act to the Lord Chancellor of England and Lord Keeper of the Great Seal for the time being to make from time to time Commission or Commissions assigning and authorizing thereby the same person to be Custos Rotulorum untill the King had by another Bill assigned with his own hand appointed and ordained another person to have occupy and exercise the same Office of Custos Rotulorum § 1. N. 3. And Viz. 37 H. 8 Cap. 1. § 2. N. 4. Peace that the said person appointed and assigned to be Custos Rotulorum as is abovesaid should and might occupy exercise and enjoy the said Office of Custos Rotulorum by himself or by his sufficient Deputy learned in the Laws of this Realm and meet and able to supply the said Office according to the Tenor of the said Grant or Commission as by the same Act among other things more at large it doth and may appear § 2. N. 1. Since the making of which Statute viz. 37 H. 8. Cap. 1. § 2. Patents divers and many persons being in the said Offices of Custos Rotulorum in divers Shires of the Realm have departed this present Life and dyed so that there hath not come to the hands of the Chancellor of England or Lord Keeper of the Great Seal any Bill or Bills assigned with the Kings Majesties hand for the naming appointing or assigning of any new Custos Rotulorum in the same Shires and so the said Offices have remained void for a long time to the great let of Iustice § 2. N. 2. And also for that it shall be very tedious and much to the molesting of the Kings Majesty upon every avoidance of such Custos Rotulorum by death or otherwise Officer to move his Majesty for the signing of Bills for other persons to be elected named chosen and appointed to supply the said Offices of Custos Rotulorum being void § 2. N. 3. And for that the nomination and appointing of the said Office of Custos Rotulorum long before the making of the said Statute c. viz. 37 H. 8. Chancery C. 1. did appertain and belong to the Office of the Chancellor of England or Lord Keeper of the Great Seal for the time being § 3. N. 1. Be it therefore Enacted by the King our Soveraign Lord Prerog with the Assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that the Chancellor of England or Lord Keeper of the Great Seal for the time being shall at all time and times hereafter and from time to time without any Bill or Bills to be assigned with the Kings hand name elect assign and appoint such person and persons to be Custos Rotulorum within every Shire of this Realm of England Wales and other the Kings Dominions Marches and Territories of the same or by any of them as by the discretion of the said Lord Chancellor or Lord Keeper of the Great Seal for the time being Deputy § 3. N. 2. shall be thought able and meet to have and exercise the same And that the said person or persons so to be appointed elected named and assigned by the said Lord Chancellor or Lord Keeper of the Great Seal for the time being shall and may occupy exercise and enjoy the same Office of Custos Rotulorum by himself or by his sufficient Deputy or Deputies Patents in as ample and large manner and form as if the said Act viz. 37 H. 8. Cap. 1. had never been had ne made § 4. N. 1. the before rehearsed Act or any thing therein contained to the contrary hereof in any wise notwithstanding Provided always and be it Enacted by the Authority aforesaid that all such as now have any of the said Offices of Custos Rotulorum by the Kings Letters Patents or Commission to them or any of them made shall and may enjoy Franchise have and exercise the said Offices by vertue of the same Letters Patents or Commission by himself § 5. N. 1. or his sufficient and able Deputy instructed in the Laws of this Realm any thing in this present Act had or made to the contrary notwithstanding Provided also that it be Enacted by the Authority aforesaid that the Arch-Bishop of York the Bishop of Durham the Bishop of Ely and every of their Successors the Chancellor of the Dutchy of Lancaster for the time being and all and every Person and Persons Corporations and Bodies Corporated to whom the Kings Majesty or any of his Noble Progenitors by his or their Letters Patents or Act
of Parliament have given and granted any Liberty and Authority or otherwise have Authority by other lawful means or ways to ordain make and constitute any of the said Officers of Custos Rotulorum within any County Palatine or other place Peace Cap. 5. shall and may have and enjoy the same Liberty and Authority according as they have had and enjoyed the same any thing in this present Act had or made to the contrary notwithstanding Treason Forasmuch as it is most necessary in a Common-wealth to provide that Tranquility and Peace may be continued in this Realm § 1. N. 2. and that all things being contrary thereto may by foresight be eschewed Therefore it is Ordained and Enacted by the King our Soverain Lord with the assent of the Lords and Commons of this present Parliament assembled and by Authority of the same that if any persons to the number of twelve or above being assembled together at any time after the twelfth day of February next coming shall intend go about practice or put in ure with force of Arms unlawfully and of their own Authority to murder kill slay take or imprison any of the Kings most honourable Privy-Counsel or unlawfully to alter or change any Laws made or established for Religion by Authority of Parliament or any other Laws or Statutes of this Realm or any of them the same number of twelve or above being commanded or required by the Sheriff of the Shire or by any Iustice of Peace of the same Shire or by the Mayor Sheriffs Iustices of Peace or Bailiffs of any City Borough or Town-Corporate where any such Assembly shall be unlawfully had or made by Proclamation in the Kings Name to retire and repair to their own Houses Habitations or Places from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continue together by the space of on whole hour after such Commandment or Request made by Proclamation or after that shall willingly in forcible and riotous manner attempt to do or put in ure any the things above specifyed that then as well every such abode and continuing together as every such Act or Offence that after such Proclamation Commandment or Request had or made shall be attempted to be done practiced or put in ure by any persons being of the number aforesaid shall be judged High-Treason in all and singular those persons that so shall make their abode or continue together or shall attempt or commit any such Act and the Offenders therein their Aiders Abetters and Procurers to be adjudged Traitors to the King and the Realm and shall suffer Execution of Death as in Case of High-Treason 1 Mar. 1. Stat. 2. Cap. 12. § 2. N. 1. And furthermore be it Enacted Coron Ordained and Established by the Authority aforesaid that if any persons to the number of twelve or above after the said twelfth day of February shall intend go about practice or put in ure in manner and form aforesaid to overthrow cut break cast down or dig up the Pales Hedges Ditches or other Closure of any Parks Park or other Grounds or Ground Inclosed or the Banks of any Fish-Pond or Pool or any Conduits for Water Conduit-heads or Conduit-pipes having Course of Water to the intent that the same or any of them from thenceforth should remain open not inclosed or void or unlawfully to have Common or a Way in the said Parks Park or other Grounds or Ground inclosed or in any of them or to destroy the Deer in any manner of Parks or Park or any Warrens or Warren of Connies or any Dove-houses or any Fish in any Pond or Pool or to pull or cut down any Houses Barns Mills or Bays or to burn any Stacks of Corn or Grain or to abate defalk or diminish the Rents or yearly Value of any Manners Lands or Tenements or the Price of any Victual Corn or Grain or any other things usual for the sustenance of Men and being required or commanded by any Iustice of Peace or by the Sheriff of the County or by the Mayor Bailiff or Bailiffs or other Head-Officers of any Head-City or Town-Corporate where such Assembly shall be had by Proclamation to be made in the Kings Name to retire or return in peaceable manner to their Habitations Places and Houses from whence they came and they or any of them notwithstanding such Proclamation shall remain or make their abode or continue together by the space of one whole hour after such Commandment or Request made by Proclamation or after that shall in forcible manner attempt to do or put in ure any of the things last before mentioned that then as well every such abode or continuing together as every such Act that after such Proclamation Commandment or Request had or made shall be done practiced or put in ure by any persons being above the number of twelve shall be adjudged Felony and the Offenders therein to be adjudged Felons and shall suffer Execution as in Case of Felony 1 Mar. 1. St. 2. Cap. 12. § 2. N. 1. § 2. N. 2. And every of the same persons Clergy to lose the Benefit of his Clergy and Sanctuary § 3. N. 1. And also it is Ordained and Enacted by the Authority abovesaid Riot that if any person or persons after the twelfth day of February unlawfully and without Authority by ringing of any Bell or Bells sounding of any Drum Trumpet Hornor other Instrument whatsoever or by firing of any Beacon or by malicious speaking or uttering of any words or making any out-cry or by setting up or casting any Bills Bill or Writing whatsoevever or by any other deed or act shall raise or cause to be raised or assembled any persons to the number of twelve or above to the intent that the same persons should commit and put in ure any of the acts or things above mentioned and that the persons to the number of twelve or above so raised and assembled after Commandment had or given in form aforesaid shall make their abode or continue together as is aforesaid or unlawfully perpetrate do commit or put in ure any of the acts or things abovesaid that then all and singular persons by whose Speaking Deed Act or any other the means above specified any persons to the number of twelve or above shall be raised or assembled for the doing committing or putting in ure any of the acts or things above mentioned shall be adjudged for his so speaking or doing a Felon and shall suffer Execution of Death as in Case of Felony 1 Mar. 1. St. 2. C. 12. §3 N. 1. § 3. N. 2. And shall lose his Benefit and Sanctuary and Clergy Clergy § 4. N. 1. And over that it is Ordained and Enacted by the Authority aforesaid Treason that if any persons to the number of forty and above after the said twelfth day of February shall be assembled
make their said Account within eight days then the Bishop of the Diocess or Ordinary shall have Authority by Virtue of this Act to compel the said person or persons by Censures of the Church to make their said Accounts before such persons as the said Bishop or Ordinary shall appoint Charity CCXXIV. 5 6 Ed. 6. 2. § 5. N. 1. And be it further Enacted c. that if any person or persons being able to further the charitable Work do obstinately and frowardly refuse to give towards the help of the Poor or do wilfully discourage others from so charitable a deed the Parson Vicar or Curate and Church-wardens of the Parish where he dwelleth shall gently exhort him or them towards the releif of the Poor Ordinary CCXXV. 5 6 Ed. 6. 2. § 5. N. 2. And if he or they will not so be perswaded then upon the Certificate of the Parson Vicar or Curate of the Parish to the Bishop of the Diocess the same Bishop shall send for him or them to induce and perswade him or them by Charitable waies and means and so according to his discretion to take order for the reformation thereof 5 Eliz. 3. § 7. N. 3. CCXXVI 5 6 Ed. 6. 2. § 6. N. 1. And for the better maintenance of this Charitable work ordained Abbe c. that whereas the late King of Famous Memory King Henry the eighth by his several Erections and foundations hath ordained and appointed any summ or summs of Mony to the use of the poor not being taken away otherwise by Act of Parliament whether the same be in any Cathedral-Church Colledge or elsewhere the Bishop of the Dioces for the time being shall from time to time Examine how and after what manner the mony is bestowed and to call to account the Parties which retain the said mony so that it may appear the same is distributed to the Poor according to the Kings Majesties foundation CCXXVII 5 6 Ed. 6. 2. § 9. N. 1. Provided always and be it further Enacted c. that this present Act nor any thing therein contained Franchis shall extend or be prejudical unto the Mayor Sheriffs and Citizens of the City of Chester for or concerning any gift or Grant of any Annuity or yearly rent heretofore made given or granted by the Kings Majesty that now is unto the said Mayor Sheriffs and Citizens of the said City going out of any Manners Lands Tenements and Hereditaments of the Cathedral-Church of Christ and our Lady within the City of Chester but that the same Mayor Sheriffs and Citizens shall and may from henceforth receive use and imploy the same Annuities yearly rents and profits to such uses and intents and according to the said gift of our said Soveraign Lord the King any thing in this act to the contrary notwithstanding CCXXVII 5 6 Ed. 6. 2. § 7. N. 2. This Act to endure to the end of the first Session of the next Parliament Continuance 7 Ed. 6. 11. § 11. N. 4. CCXXIX 5 6 Ed. 6. 21. Forasmuch as it is evident that Tinkers Trades Pedlers and such like Vagrant persons are more hurtful than necessary to the Common wealth of this Realm 1 Jac. 25. § 47. N. 2. 14 Eliz. 5. § 5. N. 5. CCXXX 5 6 Ed. 6. 21. § 1. N. 2. Be it Enacted c. that License c. no person or persons commonly called Pedler Tinker or petty Chapman shall wander and go from one Town to another or from place to place out of the Town Parish or Village where such persons shall dwell and sell pins points laces gloves knives glasses tapes or any such kind of wares whatsoever or gather cunny-skins or such like thing or use or exercise the trade or occupation of a Tinker but only such persons c. as shall be thereunto Licensed 1 Jac. 25. § 42. N. 1. CCXXXI 5 6 Ed. 6. 21. § 1. N. 3. And that in such Circuit or compass as shall be to him or them Assigned by two Justices of Peace Justices or more of the Shire where he or they shall dwell by writing under their hands and seals CCXXXII 5 6 Ed. 6. 21. § 1. N. 4. Upon pain that every person Justices which shall offend contrary to the meaning of this Act shall by any Justice of the Shire where the same offence shall be committed upon complaint and due proof had by witness or otherwise be imprisoned by the space of fourteen days at the least CCXXXIII 2 3 Ph. Mar. 5. § 2. N. 1. Be it Enacted Continuance c. that the Statute c. viz. 22 H. 8. 12. and also the Statute c. viz. 3 4 Ed. 6. 16. concerning Beggers Vagabonds and Idle persons and every Article Clause Branch Sentence and other things contained in them and in either of them other than such things as shall be by this present Act otherwise ordained and provided for shall stand remain and be in their full force and effect and shall also from henceforth justly and truly be put in Execution according to the true meaning of the said several Statutes and either of them Records CCXXXIV 2 3 Ph. Mar. 5. § 3. N. 1. And further be it Enacted c. that yearly on some one Holyday in the Christmas in every City Borough and Town-Corporate the Mayor Bailiffs and other Head-Officers for the time being and in every other Parish of the County the Parson Vicar or Curate and the Church-wardens having in a Register or book as well all the Names of the Inhabitants and Householders and also the Names of all such Impotent Aged and Needy persons as being within their City Borough Town-Corporate or Parish are not able to live of themselves or with their own labor shall openly in the Church and quietly after Divine service call the said Householders and Inhabitants together 5 6 Ed. 6. 2. § 2. N. 1. Certificate CCXXXV 2 3 Ph. Mar. 5. § 7. N. 1. And be it further Enacted c. if it shall chance any Parish to have in it more Poor and Impotent folks not able to labor than the said Parish is able to relieve that then in every such not standing in any City or Town-Corporate the Mayor or Chief-Officers of the same City or Town-Corporate calling to them two or three of the Chief Parishioners of the same Parish such as the said Mayor or Head-Officer shall think meet shall certifie unto the Justices of Peace of the County where the same Parish is the Number and Names of the persons with which they be surcharged License CCXXXVI 2 3 Ph. Mar. 5. § 7. N. 2. And upon such Certificate the said Justices of Peace in the same County or two of them whereof one to be of the Quorum shall consider and Examine the said Certificate and finding the same true shall then grant unto such and
them and to the keeper of his Majesties Goal for the said County at M. in the County aforesaid Kent ss Forasmuch as we viz. two Justices have received a Certificate from the Ordinary within whose Jurisdiction the Parish of T. in the said County is situate That A. B. being by virtue of the Statute in that behalf made disabled to Preach any Sermon did during the time that he did continue and remain so disabled Preach a Sermon in the Parish Church of T. aforesaid against the form of the Statute These are therefore in his Majesties Name to will and require you the said Constable and Borshoulders and every of you that you some or one of you do take the said A. B. and him convey to the Goal aforesaid and there deliver him to the said Keeper thereof together with this Precept Requiring also you the said Keeper to receive him into the Goal aforesaid and him there safely to keep by the space of three Months without Bail or Mainprise hereof fail not at your perils Given under our Hands c. XXXI Kilb. Precedents 52. Church A Record of a Conventicle to be written in Parchment on 22 Car. 2. 1. by two Justices Kent ss Memorand ' That upon the 10th day of June in the 31. year of the Reign of our Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Jreland King Defender of the Faith c. It was according to the form of an Act of Parliament in that behalf lately made Entituled An Act to prevent and suppress seditious Conventicles duly proved to us viz. two Justices c. that A. B. being of the Age of sixteen years and upwards and a Subject of this Realm was upon the first day of June now last past in the Parish of c. present at T. in the said County under colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England where five Persons are present more than those of the same Household contrary to the Act aforesaid of all which we have the Day and year above written made this Record under our Hands and Seals 2. Or better in Latin thus Kilb. Precedents 53 54. Kent ss Memorand ' quod J. S. de S. in Com. predict ' Yeoman Church E. W. de W. in Com. predict ' Generosus Maria uxor G. J. de parochia de E. in Com. predict ' Husbandman Eliz. W. de E. predict ' in Com predict ' vidua J. B. de c. Cum multis alijs in toto se attingent ' ad numerum duodecim personarum quilibet eorum die Solis 26. die Junij Anno Regni Domini Regis nunc 22. die ultra etatem 16. Annorum subditi dicti Domiin Regis ad tunc existent ' predict ' 26. die Junij Anno 22. supradicto insimul assemblaverunt presentes fuerunt quilibet eorum presens â—uit in Domo Mansionali ipsius A. P. viduae in predict ' Parochia de E. in Com. predict ' ad Conventiculum sub colore Exercitationis Anglice Exercise Religionis in alio modo quam secundum Liturgiam practicationem Anglice practise Ecclesiae Angliae Ad tunc ibidem tent ' contra formam Statuti prevenire supprimere seditiosa Conventicula nuper Editi proviso infra Memorand ' etiam quod tempore loco supradict ' predict ' J.S. assumpsit super se docere in Conventiculo predict ' in eodem ad tunc ibidem docuit contra formam Statuti predicti quodque predict ' A. B. vidua tempore supradicto scienter Anglice Wittingly voluntariè permisit Conventiculum predictum fore tenend ' in Domo Mansionali sua predict ' etiam contrà formam ejusdem Statuti Record ' quarum quidem separalium offensarum Ego W. L. Miles unus Justiciariorum dicti Domini Regis ad pacem suam in Com. suo predict ' conservand ' assignat ' cui secundum formam effectum Statuti predicti separales offensas predict ' sic ut preâ—ertur fore Commissa sufficienter aparuit per presentes sub Manu sigillo meo 11. die Julij Anno 22. supradicto apud N. predict ' in Com. predict ' feci Predictique J. S E. W. predict ' Maria uxor predict ' G. J. Eliz. W. J. B. Junior J. B. Senior J. F. R. P. A. P. Vidua A. B. D. P. Spinster de separalibus offensis suis in Record ' predict ' superius mentionat ' per Recordum illud virtute Statuti predicti plene perfecte convicti sunt quilibet eorum inde separaliter plene perfecte convictus est ego prefat ' Justiciar ' superinde virtute Statuti predicti die Anno loco ultimo mentionat ' finem V.S. super quemlibet offensorum Anglice Offenders predict ' sic ut prefertur ad Conventiculum predict ' present ' Existent ' pro separali offensa predict ' imposui Predictaque A. P. Vidua pro offensa sua predicta eo quod ipsa ut prefertur permisit Conventiculum predict ' fore tenend ' in Domo Mansionali sua predict ' forisfecit Summam 20 l. Virtute Statuti predict ' predictusque J.S. pro offensa sua predicta eo quod ipse ut prefertur assumpsit super se docere in conventiculo predicto in eodem ut predictum est docuit forisfecit summam 20 l. Virtute Statuti predicti Forfeiture XXXII Kilb. Precedents 55. 56. A Warrant to levy the penalty of 22 Car. 2. 1 § 3. N. 1. upon the Teacher in a Conventicle To the Constables Borshoulders Headboroughs and Tythingmen of the Hundred of C. in the said County and to the Church-wardens and Overseers of the Poor of the Parish of C. in the County aforesaid and all other Officers within the said County whom the Execution hereof may concern Kent ss Forasmuch as I did this present day receive a Certificate to me directed under the Hand and Seal of W. E. of S. in the County of S. Esq one of his Majesties Justices Assigned for keeping his peace in the said County of S. that G. H. of C. aforesaid Taylor was upon the first day of this Instant August by him Convicted by proof to him made according to an Act of Parliament Entituled An Act to prevent and suppress Seditious Conventicles lately made and provided of being present in the Barn of R. W. of W. in the said County of S. Husbandman and there did take upon him to Preach or teach at a Conventicle the five and twentieth day of July last past under pretence of Exercise of Religion in other manner then according to the Liturgy and Practice of the Church of England and contrary to the form of the Act aforesaid And that therefore being thereof Convicted as aforesaid the said G. H. did forfeit for the said first Offence 20 l. and that he the said Justice had by Virtue
Mutandis to the House of Correction c. Imprisonment XLII Kilb. Precedents 74. 75. A Mittimus upon the third Conviction To the Constable c. Kent ss Forasmuch as C. D. was this present day according to the form of an Act of Parliament lately made Intituled An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made of being present at the Parish of T. in the said County at an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England contrary to the Act aforesaid and Forasmuch as the said C. D. hath been twice before that time Convicted of the like Offence contrary to the said Act These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said C. D. and him safely convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep without Bail or Mainprise untill the next General Quarter-Sessions for the West-division of this County the next Assises Goal-delivery Great-Sessions or sitting of Oyer and Terminer in the County aforesaid which shall first happen and that you then and there have him to be further proceeded agaist as by the said Act is directed hereof fail not at your perils Given under our Hands and Seals the day of c. 2. The like Mittimus mutatis mutandis to the House of Correction if the Justices think fit to send the Offender thither which they must not do if they be satisfied that the Offender or her Husband if a Feme Covert have 5 l. per Annum Freehold or Copyhold or be worth 50 l. in Goods XLIII Kilb. Precedents 76. A Certificat to the Militia c. for Aid on 22 Car. 2. 4. § 9. N. 3. 16 Car. 2. 4. § 10. N. 1. To the Lieutenant any Deputy Lieutenant or any Commissioned Officer of the Militia or any other his Majesties Forces the Sheriffs Justices or other Magistrates and Ministers of Justice jointly or severally Kent ss These are to Certifie you that I A.B. one of his Majesties Justices of the Peace c. have received Information of an unlawful Meeting or Conventicle held or to be held under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England contrary to an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles at T. in the Parish of C. in the County aforesaid and that I with such assistance as I can get together am not able to suppress dissolve dissipate or prevent the same all which I do Certifie unto you to the end that you may repair unto the said place aforesaid and do therein as by the said Act is required and enjoined Given under my Hand and Seal the day of c. XLIV Kilb. Precedents 77. Record A Record of suffering a Conventicle fit to be in Parchment and Quaere if not in Latine 22 Car. 2. 1. § 4. N. 1. Kent ss Memorand that upon the second day of June in the 31. year of the Reign of our Soveraign Lord Charles the second by the Grace of God of England Scotland France and Jreland King Defender of the Faith c. It was according to the form of an Act of Parliament in that behalf lately made Intituled An Act to prevent and suppress Seditious Conventicles duly proved to us that R. T. of c. did wittingly and willingly suffer an Assembly Conventicle or Meeting under Colour or pretence of the Exercise of Religion in other manner than is allowed by the Liturgy or Practice of the Church of England to be held in his house Out-house Barn or Rome Yard or Backside Woods or Grounds in the Parish of T. in the said County on c. day now last past contrary to the Act aforesaid of all which we have the day and year first above written made this Record under our Hands and Seals XLV Kilb. Precedents 78. 79. Imprisonment A Mittimus thereupon upon the first Conviction To the Constable and Borshoulders of the Hundred of A. and to every of them and to the Keeper of his Majesties Goal for the said County at C. in the County aforesaid Kent ss Forasmuch as D. E. was this present day according to the form of an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles Convicted by Record by us made viz. two Justices c. of wittingly and willingly suffering an Assembly Conventicle or Meeting under Colour or pretence of Exercise of Religion in other manner than is allowed by the Liturgy or practice of the Church of England to be held in his House Out-House Barn or Room Yard or backside Woods or Grounds in the Parish of T. in the said County upon the second day of June now last past contrary to the Act aforesaid and whereas we did upon the said Conviction Fine the said D. E. viz. not Exceeding 5 l. for his said Offence and he did not pay down the said Fine unto us These are therefore in his Majesties Name to charge and command you the said Constable and Borshoulders and every of you that you some or one of you do take the said D. E. and him safely Convey to his Majesties Goal aforesaid and there deliver him to the Keeper of the same together with this Precept commanding also you the said Keeper to receive him into the said Goal and him there safely keep without Bail or Mainprise by the space of viz. not Exceeding three Manths next after such delivery of him unto you hereof fail not at your perils 2. The like Mittimus Mutatis Mutandis to the House of Correction c. the like upon the second Conviction and the like upon the third Conviction ut supra XLVI Kilb. Precedents 81 A Certificate for the taking the Oath according to 16 Car. 2. 4. § 19. N. 1. Quakers Kent ss I A. B. one of his Majesties Justices of the Peace of the County of K. do humbly Certifie that D.E. did this present day before me take the Oath mentioned in an Act of Parliament lately made intituled An Act to prevent and suppress Seditious Conventicles in these words I do swear that I do not hold the taking of an Oath to be unlawful nor refuse to take an Oath on that account in Testimony whereof I the said A. B. have hereunto set my Hand and Seal the day of c. Escape XLVII Kilb. Precedents 81. 82. To levy Money upon a Goaler c. for suffering one committed upon this Act to go at large 16 Car. 2. 4. § 12. N. 1. To the Constable and
South for the time being 3 H. 5. St. 2. C. 7. § 1. N. 3. And that the Iustices of Peace through the Realm Mony shall have power by the Kings Commissions to enquire of all such matters viz. as well of Counterfeiting and of bringing of false mony into the Realm as of clipping washing and every other Falsity of the said mony and thereupon make Process by Capias only against these which before them shall be thereof Indicted 8 H. 5. C. 3. § 1 N. 4 And the Iustices of Peace shall have power to enquire thereof Mettle viz. of Guilding or Silvering of Mettles c. and that to determin Statuta Hen. 6. 2 H. 6. Cap. 8. § 2. N. 2. AND that the Iustices of Peace within the Counties Ireland and the Mayors and Bailiffs within Cities and Burroughs Enfranchised have power to take before them viz. of Irish men that enter this Realm such manner of Surety of good abearing and to do Execution upon them which shall abide or do against the said Ordinances from henceforth C. 11. § 1. N. 5. And the Iustices of Peace in all Counties of England and Mayors and Bailiffs having power to enquire of the Peace shall enquire Measures hear and determin all the same defaults viz. in the Contents of Vessels of Wine Eels Herring Salmon c. C. 14. § 1. N. 8. And the Iustices of Peace Mayors and Bailiffs Mettle and all others having power as Iustices of Peace shall hear enquire and determin Viz. of Gold-smiths and others not working Silver by the touch or Sterling allay by Bill Plaint or in other manner all that do contrary to the said Ordinances and thereof make due Execution by their discretions 6 H. 6. Cap. 3. The Iustices of Peace and cheif Officers in Cities Apprentice c. shall make Proclamation what every Artificer and Workman shall take for Wages and the Penalty of a Servant Artificer or Labourer that taketh more 8 H. 6. Cap. 5. § 2. N. 7. And that the Iustices of Peace Mayors Measures Bailiffs and Stewards of Franchises have power by Authority aforesaid to Examin the Trespassers in this Case viz. of false Weights and to enquire in special of Offenders against this Ordinance and to do Execution of them that be found faulty by Enquests or by Examination to be made by the said Iudges or Officers in this case in the manner as afore is said Force Item Whereas by the noble King Richard late King of England Cap. 9. after the Conquest the second at his Parliament holden at Westminster the Morrow after All Souls the fifteenth year of his Reign viz. 15 R. 2. Cap. 2. amongst other things it was Ordained and Established that the Statutes and Ordinances made and not repealed of them that make Entries with strong hand into Lands or Tenements or other Possessions whatsoever and them hold with Force and of them that make Insurrections Riots Routs Ridings and Assemblies in disturbance of the Peace or of the Common Law or in affray of the People should be holden and fully Executed Justices And moreover it is ordained by the same Statute Viz. 15 R. 2. § 1. N. 2. Cap. 2. § 1. N. 2. that at all times that such forcible Entries be made and complaint thereof come to the Iustices of Peace or any of them that the same Iustices or Iustice shall take the power of the County and shall go or one of them shall go to the place where such force is made Force And viz. 15 R. 2. Cap. 2. § 1. N. 3. if they find § 1. N. 3. or he findeth any holding of such place forcibly after such Entry made they should be taken and put in the next Goal there to remain convicted by the Record of the same Iustices or Iustice until they have made Fine and Ransom to the King Process And viz. 15 R. 2. Cap. 2. § 1. N. 4. § 1. N. 4. that all the people of the County as well Sheriffs as others shall be attending to the said Iustices and assist them to arrest such Malefactors upon pain of Imprisonment and to make Fine and Ransom to the King Church And viz. 15 R. 2. Cap. 2. § 1. N. 5. § 1. N. 5. that in the same manner be done of them that make forcible Entries into Benifices or Offices of holy Church as in the same Statute is contained more at Large Collusion And for that the said Statute viz. 15 R. 2. Cap. 2. § 2. N. 1. doth not extend to Entries in Tenements in peaceable manner and after holden with force nor if the persons which enter with force into Lands or Tenements be removed or voided before the coming of the said Iustices or Iustice as before nor any Pain ordained if the Sheriff do not obey the Commands and Precepts of the said Iustices for to execute the said Ordinances many wrongful and forcible Entries be daily made in Lands and Tenements by such as have no Right and also divers Gifts Feoffments and Discontinuances sometimes made to Lords and other puissant Persons and Extortioners within the said Counties where they be conversant to have Maintenance and sometimes to such persons as be unknown to them so put out to the intent to delay and defraud such rightful Possessions of their right and recovery for ever to the final Disherison of divers of the Kings faithful Leige-people and likely daily to encrease if due remedy be not provided in this behalf Assurances Our Lord the King considering the Premises § 2. N. 2. hath ordained that the said Statute viz. 15 R. 2. Cap. 2. and all other Statutes of such Entries of Alienations made in times past shall be holden and duly Executed Force Ioyned to the same viz. to 15. R. 2. Cap. 2. that from henceforth where any doth make any forcible Entry in Lands and Tenements § 2. N. 3. or other Possessions or them hold forcibly after Complaint thereof made within the same County where such Entry is made to the Iustices of Peace or to one of them by the party grieved that the Iustices or Iustice so warned within a convenient time shall cause or one of them shall cause the said Statute viz. 15. R. 2. Cap. 2. duly to be Executed and that at the costs of the Party so grieved Enquest And moreover §. 3. N. 1. though that such persons making suh Entries be present or else departed before the coming of the said Iustices or Iustice in some good Town next to the Tenements so entred or in some other convenient place according to their discretion shall have or either of them shall have Authority and power to enquire by the people of the same County as well of them that make such forcible entries into Lands and Tenements as of them which the same hold with force § 3. N. 2. And if
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
or Steward in his Leet or by examination had afore the said Iustices of Peace that Process be made upon the same as upon Indictment of Trespass against the Kings Peace 19 H. 7. cap. 12. § 2. N. 4. § 1. N. 15. And that the said Misdoer be admitted to no Fine under the Sum of 6 s. 8 d. 19 H. 7. cap. 12. § 2. N. 4. Amercement § 1. N. 16. And that it be lawful to two of the Iustices of the Peace Justices whereof one shall be of the Quorum within their authority to reject and put away common Ale selling in Towns and Places where they shall think convenient 19 H. 7. cap. 12. § 2. N. 5. § 1. N. 17. And to take surety of Keepers of Ale-houses Ale of their good behaviour by the discretion of the said Iustices and in the same to be advised and agreed at the time of their Sessions 19 H. 7. Cap. 12. § 2. N. 6. Cap. 3. The King our Soveraign Lord calling to his remembrance Riot that many good Statutes and Ordinances be made for the punishment of Riots unlawful Assemblies Retainers and giving and receiving of Liveries Signs and Tokens unlawfully Extortions Maintenance Imbracery excessive taking of Wages contrary to the Statute of Laborers and Artificers viz. 23 Ed. 3. cap. 1. the use of unlawful Games inordinate Apparel and many other great inconveniencies and offences which been committed and done daily contrary to the good Statutes for many and divers behooful considerations severally made and ordained to the high displeasure of Almighty God and the great let of the Common Law and Weal of this Land notwithstanding generally by the Iustices of the Peace in every Shire within this Realm in the open Sessions is given in charge to inquire of many Offences committed contrary to divers of the said Statutes and divers inquests thereupon there straitly sworn and charged before the said Iustices to inquire of the premises and therein to present the Truth which is letted to be found by embracery maintenance corruption and favour by occasion whereof the said Statutes be not nor cannot be put in due execution 1 H. 8. Cap. 6. § 1. N. 2. For reformation whereof Enquest for so much that before this time the said Offences Extortions Contempts and other the premises might not nor as yet may be conveniently punished by the due order of the Law except it were first found and presented by the verdict of twelve Men thereto duly sworn which for the causes afore rehearsed will not find nor yet present the truth 3 H. 7. Cap. 1. § 1. N. 2. § 1. N. 3. Wherefore be it by the advice and assent of the Lords Spiritual and Temparal and the Commons in this present Parliament assembled Justices and by authority of the same Enacted Ordained and Stablished that from henceforth as well the Iustices of the Assize in the open Sessions to be holden afore them as the Iustices of Peace in every County of the said Realm upon Information for the King before them to be made have full power and authority by their discretion to hear and determine all Offences and Contempts committed and done by any person or persons against the form ordinance or effort of any Statute made and not repealed 1 H. 8. Cap 6. § 1. N. 4. And that the said Iustices upon the said Information Process shall have full power and authority to award and make like Process against the said Offenders and every of them as they should or might make against such person or persons as been presented and indicted before them of Trespass done contrary to the Kings Peace and the said Offender and Offenders duly to punish according to the purport form and effect of the said Statutes § 1. N. 5. Also be it Enacted by the said authority Information that the person which shall give the said Information for the King shall by the discretion of the said Iustices content and pay to the said person or persons against whom the said Information shall be so given his reasonable costs and damages in that behalf sustained if that it be tried or found against him that so giveth or maketh any such Information 11 H. 7. Cap. 7. § 1. N. 18. § 1. N. 6. Provided alway that any such Information extend not to Treason Treason Murder or Felony nor to any other Offence wherefore any person shall lose Life or Member nevertheless by nor upon the same Information any Lands Tenements Goods and Chattels to the Party making the same Information Lieu. Provided also that the said Information shall not extend to any Person dwelling in another Shire than there § 1. N. 7 as the said Information shall be given or made Franchise Saving to every Person and Persons Cities and Towns § 1. N. 8. all their Liberties and Franchises to them and every of them of right belonging and appertaining Measures And two Iustices of Peace Ca. 4. § 1. N. 13. whereof one shall be of the Quorum have authority as well by examination as by inquiry to hear and determine the faults of the said Mayors Bailiffs and other Head Officers in that behalf viz. Of Weights and Measures And also of all Buyers and Sellers doing contrary to this present Act and Ordinance and to set Fine and Amercement upon the Offenders by their discretion 34 Ed. 3. Cap. 5. 7 H. 7. Cap. 4. § 1. N 12. Process Be it also ordained c. § 1. N. 16. That the Iustices of Peace abovesaid have authority to make like Process against all Persons found as is abovesaid defective and for such Fines and Amercements as upon them shall be assess'd as if they were Indicted afore them for breaking of the Kings Peace Riot Prayen the Commons of this our Land in this present Parliament assembled Cap 7. that where for the great rest and tranquility of your said Commons true Liege-men and Subjects inhabited in this your Realm divers and many good Statutes Acts and Ordinances have been made in times past ordained and stablished to subdue and punish Riots for the unlawful raising and leading of People Riots Routs and other unlawful assemblies whereby many evil Deeds Ieoperdies Perils Fear and Dread to your Subjects have grown and thereupon great Penalties set upon the said Rioters and Offenders as in divers remembred Statutes Acts and Ordinances in the days of your noble Progenitors at several times made ordained and provided more at large doth and may appear Franchise Yet the same Acts notwithstanding some Persons not dreading God § 1. N. 2. their Soveraign Lord nor the punishment of the Laws made and had in this behalf oft times as well by colour of such Offices as they have obtained as Receivers Stewards and Bailiffs of Lordships and other Officers as by peny Reteiners by Oath Promise Covenant and otherwise
made 32 H. 8. cap. 7. § 4. N. 1. § 1. N. 6. And to commit the same Person or Persons to ward Imprisonment there to remain without Bail or Mainprise till that he or they shall have found sufficient Surety to be bound by Recognizance or otherwise before the Kings said Counsellor or Iustice of Peace or any other like Counsellor or Iustice of Peace to the use of our said Soveraign Lord the King to give due obedience to the Process Proceedings Decrees and Sentences of the Ecclesiastical Court of this Realm wherein such Suit or matter for the Premises shall depend or be § 1. N. 7 And that every of the Kings said Counsellors Justices or two Iustices of the Peace whereof the one to be of the Quorum as is aforesaid shall have full power and authority by vertue of this Act to take receive and record Recognizances and Obligations in any of the Causes above-written C. 24. § 2. N. 1. And be it also Enacted c. That no Person or Persons of what estate Deputy degree or condition soever they be c. shall have any power or authority to make any c. Iustices of Peace c. Lambert 25. § 2. N. 2. But that all such Officers and Ministers shall be made by Letters Patents under the Kings Great Seal Patents in the name and by the authority of the Kings Highness and his Heirs Kings of this Realm in all Shires Counties Counties Palatine and other places of this Realm Wales and the Marches of the same or in any other of his Dominions at their pleasure and wills in such manner and form as c. Iustices of the Peace c. commonly made in every Shire of this Realm any Grants Vsages Prescription Allowance Act or Acts of Parliament or aâ— other thing or things to the contrary thereof notwithstanding Indictment And that in every Writ and Indictment § 4. N. 1. that shall be made in any such County Palatine or Liberty c. whereby it shall be supposed any thing to be done against the Kings Peace shall be made and supposed to be done only against the Kings Peace his Heirs and Successors and not against the Peace of any other Person or Persons whatsoever they be any Act of Parliament Grant Custome Vsage or Allowance in Eyre before this time had granted or used to the contrary notwithstanding Franchise Provided alwayes that § 5. N. 1. c. Iustices of Peace to be made and assigned by the Kings Highness within the County Palatine of Lancaster shall be made and ordained by Commission under the Kings usual Seal of Lancaster in manner and form as hath been accustomed any thing in this Act to the contrary thereof notwithstanding Corporation Provided also that all Cities Boroughs § 6. N. 1. and Towns Corporate within this Realm which have liberty power and authority to have Iustices of Peace c. shall still have and enjoy their liberties and authorities in that behalf in such like manner as they have been accustomed without any alteration by occasion of this Act any thing in this Act or in any Article therein contained to the contrary thereof notwithstanding Justices And it is Enacted c. That all such Iustices to be made § 16. N. 1. as is afore rehearsed in this Act shall have authority and power to keep and hold their Sessions of Peace c. from time to time only within the same Liberties and Franchises and in such places and in none other places by reason and authority of that Commission and to do and execute all other things within the same in as ample and large manner as any other Iustices of Peace c. in any Shire within this Realm may do and have authority to do any Act Grant Vse Custome and Allowance heretofore had made or used or any Article in this present Act made to the contrary notwithstanding Franchise Provided alwayes That all and singular Iustices of the Peace § 17. N. 1. c. hereafter to be made named and appointed by the Kings Highness his Heirs and Successors within any Liberty where any such Iustice of Peace c. have been made by any person or persons by virtue or authority of any Letters Patents of the Gift or Grant of our Soveraign Lord the King or his most noble Progenitors Kings of this Realm or otherwise shall sit and keep their Sessions c. only in such place and places as the Iustices of the said Liberties lately have commonly used within the said Liberties Corporation And that no Person or Persons within the said Liberties § 17. N. 2. or any of them shall be hereafter in no wise compelled by authority of this Act to appear out of the said Liberties before any other Iustices c. of the Peace then before such Iustices as shall be named and assigned to sit and be by the Kings Highness his Heirs and Successors within the said Liberties in form aforesaid Cinque Ports Provided always and be it Enacted § 20. N. 1. that Thomas now Bishop of Ely and his Successors Bishops of Ely and their temporal Steward of the Isle of Ely for the time being and every of them shall from henceforth be Iustices of Peace within the said Isle and shall use and exercise all manner of things within the same Isle that appertain or belong to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as ample and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding Eccles Persons Provided always and be it Enacted § 21. N. 1. that Cuthbert now Bishop of Durham and his Successors Bishops of Durham and their temporal Chancellor of the County Palatine of Durham for the time being and every of them shall from henceforth be Iustices of the Peace within the said County Palatine of Durham and shall exercise and use all manner of things within the same County Palatine that appertaineth or belongeth to any Iustice of Peace within any County of this Realm of England to do exercise and use by virtue and authority that they be Iustices of Peace in as â—â—â—â—ple and large manner as any other Iustices of Peace in any County within this Realm have or might do exercise or use any thing or things in this Act contained to the contrary notwithstanding § 22. N. 1. Provided alwayes and be it Enacted Justices That Edward now Arch-Bishop of York and his Successors Arch-Bishops of York and their temporal Chancellor of the Shire and Liberty of Hexam otherwise called Hextoldsham for the time being and every of them shall from henceforth be Iustices of Peace within the said Shire
ure and do any of the things aforesaid having any manner of ways knowledge of the let so made or by any means procuring the same let incur and be in danger and suffer like Pain or Pains and Forfeitures aforesaid in every their degrees as though the Proclamation had been made any Clause Article or Sentence heretofore in this Act encluded made to the contrary notwithstanding § 17. N. 1. Provided always and be it Enacted by the Authority aforesaid Heir that all and every the Heir and Heirs of all and every the Offender and Offenders in any the Cases aforesaid and all and every person and persons Bodies Politick and Corporate their Heirs Successors and Executors and every of them other than such person and persons only as shall be attainted convicted or outlawed of any the aforesaid Offences of Felony shall have hold and enjoy all such Right Title Entry Interest Leases Possession Rents Conditions Profits Commodities and Advantages as they or any of them have or hereafter shall have or of right ought to have in or to any Honors Castles Mannors Lands Tenements Woods Rents Reversions Services or Hereditaments whatsoever in or to any part or parcel thereof in as large and ample manner and form to all Intents Constructions and Purposes as if such Attainder had been had ne made any thing in this Act to the contrary in any wise notwithstanding § 21. N. 1. And be it further Enacted by the said Authority War that no Lieutenant or Lieutenants that shall be appointed or made by Authority or Colour of this Act or for to execute this Act shall in any wise make put or constitute under him or them or in his or their place any Deputy or Deputies nor shall call convent or appoint to appear before him or them by the only Authority of Lieutenancy or of Commission of Lieutenancy any person or persons for any Cause or Matter whatsoever save only for the Causes and Matters expressed in this present Act and for none other § 22. N. 1. And that no person or persons shall be put to any Loss Forfeiture Accessary Pain or Punishment of Life Lands or Goods as Accessary to any person or persons that shall commit any of the Offences contained in this present Act for receiving comforting or aiding of any such Offender after such Act committed or done § 22. N. 2. And that no Attainder or Conviction of any person or persons Heir for any Offence or Offences herein contained shall be any manner of Corruption of Blood between the Offender and any of his Ancesters or such person and persons as should have been Heir to such Offender if no such Attainder or Conviction had been had § 22. N. 3. Saving to all and every Person and Persons Franchise Body and Bodies Politick and Corporate and their Successors their Liberties and Franchises in such manner and form as if this Act had never been had ne made § 23. N. 1. And be it further Enacted by the said Authority that one Act viz. 3 4 Ed. 6. 5. c. and all and every Branch Clause Sentence and Article therein contained shall be from the twentieth day of December next coming utterly void and of no force to all Intents Constructions and Purposes § 23. N. 2. And this Act only to be put in Execution for and concerning the Offences mentioned in the said former Act viz. 3 4 Ed. 6. 5. § 23. N. 3. This Act to continue unto the end of the next Parliament 1 Mar. 1. Days St. 2. Cap. 12. 1 Eliz. 16. Statuta Ph. Mar. Riot BE it therefore Enacted c. viz. because good and beneficial that all 1 Mar. 1. St. 3. C. 12. § 12. N. 2. c. the said several Acts c. viz. 1 Mar 1. St. 2. Cap. 12. c. and all Clauses c. shall be revived c. until the last day of the next Parliament 1 2 Phil. Mar. Cap. 16. § 1. N. 15 Slander And be it also Enacted c. that all Iustices of Over and Terminer 1 2 Ph. Mar. Cap. 3. § 7. N. 1. c. Iustices of Assize c. Iustices of Goal-delivery and Iustices of Peace as well within the Liberties as without within the limits of their several Commissions in their several Sessions or other Sessions which they or two of them whereof one of them to be of the Quorum may and shall appoint at their pleasure where and when need shall require and shall by vertue hereof have full Power c. to inquire hear and determin all and every the Offences c. viz. of false News aforesaid as in Cases of Tryal of Felony Corn. And for the better Execution of this Act C. 5. § 6. N. 1. viz. against Transporting Wheat Barly Rye or other Corn Mault Beer Butter Cheese Herring Victual or Wood c. be it further Enacted c. that all and singular Iustices of the Peace as well within the Liberties as without within their several Authorities and Commissions at any time within three years next after such Offences committed shall have full Power and Authority to inquire as well by the Oaths of twelve lawful men as also to hear and examin the Master Masters and Mariners of the said Ships Crayers and other Vessells and all and every other person and persons of all and singular the Offenders against this present Act and to hear and determin the same Offences as they may and ought to hear and determin any other Trespasses or Offences Bail Where in the Parliament c. viz. 3 H. 7. Cap. 3. § 1 N 3. Cap. 13. it was amongst other things Ordained and Enacted that no Prisoner arrested for Felony should be letten to Bail or Mainprize by any one Iustice of Peace but by the whole Iustices or at least by two of them whereof one to be of the Quorum Justices Since the making of which Statute viz. 3 H. 7. Cap. 3. § 1. N. 3. § 1. N. 2. one Iustice of Peace in the name of himself and one other of the Iustices his Companion not making the said Iustice party nor privy unto the Case wherefore the Prisoner should be Bailed hath often times by sinister labor and means set at large the greatest and notablest Offenders such as be not replevisiable by the Laws of this Realm Certificate And yet the rather to hide their Affections in that behalf § 1. N. 3. have signified the Cause of their Apprehension to be but only for Suspition of Felony whereby the said Offenders have escaped unpunished and do daily to the high displeasure of Almighty God the great peril of the King and Queens true Subjects and encouragement of all Theives and Evil-Doers Joynder For Reformation whereof § 2. N. 1. be it Ordained and Enacted by the King and Queens Majesties the Lords Spiritual
And in Case of neglect or refusal of such Iustices of the Peace by the space of fourteen days next after complaint made and notice thereof given to the Offender then the Sub-Commissioners or the major part of them § 31. N. 4. appointed for any such City County Town or Place shall and are hereby impowered to hear and determine the same Error And if the Party find himself aggrieved by the Iudgement given by § 31. N. ◠the Sub-Commissioners he shall and may appeal to the Iustices of the Peace at the next Quarter Sessions who are hereby impowred and authorized to hear and determine the same whose Iudgement therein shall be final 12 Car. 2. Cap. 24. § 45. N. 5. § 31. N. 6. Which said Commissioners for Appeals and regulating of this Duty and the Chief-Commissioners for Exercise Process and all Iustices of Peace and Sub-Commissioners aforesaid respectively are hereby authorized and straitly enjoyned and required upon any Complaint or Information exhibited and brought of any such Forfeiture made or Offence committed contrary to this Act to summon the Party accused and upon his appearance or contempt to proceed to the Examination of the Matter of Fact and upon due proof made thereof either by the voluntary Confession of the Party or by the Oath of one or more credible Witnesses which Oath they or any two or more of them have hereby Power to administer to give Iudgement or Sentence according as in and by this Act is before ordained and directed and to award and issue all Warrants under their Hands for the levying of such Forfeitures Penalties and Fines as by this Act is imposed for any such offence committed upon the Goods and Chattels of the Offender and to cause sale to be made of the said Goods and Chattels if they shall not be redeemed within fourteen days rendring to the Party the overplus if any be and for want of sufficient Distress to imprison the Party offending till satisfaction be made 12 Car. 2. Cap. 24 § 45. N. 6. § 32. N. 1. Provided nevertheless that it shall and may be lawful to and for the said respective Iustices of Peace Justices Commissioners for Excise or any two of them from time to time where they shall see cause to mitigate compound or lessen such Forfeitue Penalty or Fine as in their discretions they shall think fit c. so as by such Mitigation the same be not less than double the value of the Duty of Excise which should or ought to have been paid besides the reasonable costs and charges of such Officer c. or others as were imployed therein to be to them allowed by the said Iustices any thing c. notwithstanding 12 Car. 2. Cap. 24 § 46. N. 1. § 33. N. 1. And be it Enacted c. that no person Oaths c. shall be capable of intermedling with any Office or Imployment relating to the Excise until he or they shall before two or more Iustices of Peace in the County where his or their Imployment shall be c. take the Oaths of Allegiance and Supremacy which Oaths they have hereby Power to administer together with this Oath following c. 12 Car. 2. Cap. 24. § 47. N. 1. § 34. N. 1. And it is further Enacted c. that every such Iustice of Peace shall certifie the taking of such oath to the next Quarter Sessions Certificate there to be recorded 12 Car. 2. Cap. 24. § 48. N. 1. § 36. N. 1. Provided also and be it Enacted that no Writ or Writs of Certiorari shall supersede Execution or other Proceedings upon any Order Certiorari c. made by the said Iustices aforesaid in Pursuance of this Act but that Execution and other Proceedings shall and may be had and made thereupon any such Writ c. or allowance thereof notwithstanding 12. Car. 2. Cap. 24. § 50. N. 1. C. 24. § 14. N. 3. And if any c. shall make Provision or Purveyance for his Majesty Purveyance his Heirs or Successors or any the Queens or Children aforesaid or impress or take any such Carriages or other things aforesaid on any pretence or colour of any Warrant aforesaid under the Great Seal or otherwise contrary to the intent hereof it shall be lawful for the Iustices of Peace or such two or one of them as dwell neer and to the Constables of such Parish or Village where such occasion shall happen at the request of the Party grieved and they are hereby enjoyned to commit or cause to be committed the Party c. so doing or offending to Goal till the next Sessions there to be indicted and proceeded against for the same and that the Officers and Inhabitants of the Village or Parish where such offence shall happen shall be assistant therein 13 Car. 2. Cap. 8. § 2. N. 1. C. 34. § 2. N. 1. And it is hereby further Enacted that all Sheriffs Husbandry Iustices of the Peace Mayors Bailiffs Constables and every of them upon Information and Complaint made unto them or any of them by any of the Officers of the Customs or by any other person c. that there is any Tobacco set sown planted or growing within their Iurisdictions or Precincts contrary to this Act shall within ten days after such Information or Complaint cause to be burnt plucked up consumed or utterly destroyed all such Tobacco so set sown planted or growing Wages Provided also and be it Enacted c. that no person c. shall be capable of having using or exercising the Office of Port-Master General C. 35. § 1. 3 N. 1. or any other imployment relating to the said Office unless he or they shall first take the Oaths of Allegiance and Supremacy before any two Iustices of the Peace of the respective Counties wherein such person c. are or shall be resident which said Iustices are hereby Authorized to administer the said Oaths accordingly Peace Whereas it hath been found by sad Experience 13 Car. 2. C. 5. that tumultuous and other disorderly soliciting and procuring of Hands by private persons to Petitions Complaints Remonstrances and Declarations and other Addresses to the King or to both or either Houses of Parliament for alteration of matters established by Law redress of pretended Grievances in Church or State or other publick Concernments have been made use of to serve the ends of factious and seditious persons gotten into power to the violation of the publick Peace and have been a great means of the late unhappy Wars Confusions and Calamities in this Nation for preventing the like mischiefs for the future Process Be it Enacted by the Kings most excellent Majesty § 2. N. 1 c. that no person or persons whatsoever shall from and after the first of August one thousand six hundred sixty and one sollicite labour or procure the getting of Hands or other consent of
any persons above the number of twenty or more to any Petition Complaint Remonstrance Declaration or other Address to the King or both or either Houses of Parliament for alteration of matters established by Law in Church or State unless the matter thereof have been first consented unto and ordered by three or more Iustices of the County or by the major part of the Grand-Iury of the County or Division of the County where the same matter shall arise at their publick Assizes or General Quarter Sessions or if arising in London bp the Lord-Mayor Aldermen and Commons in Common-Council assembled Joynder And that no person or persons whatsoever shall repair to his Majesty § 2. N. 2. or both or either of the Houses of Parliament upon pretence of presenting or delivering any Petition Complaint Remonstrance or Declaration or other Addresses accompanied with excessive number of people not at any one time with above the number of ten persons Forfeiture Vpon pain of incurring a Penalty not exceeding the sum of one hundred pounds in mony and three Months Imprisonment without Bail or Mainprize for every Offence § 2. N. 3. Days Which Offence to be Prosecuted at the Court of the Kings Bench § 2. N. 4. or at the Assizes or General Quarter Sessions within six Months after the Offence committed and proved by two or more credible Witnesses Parliament Provided always that this Act or any thing therein contained § 3. N. 1. shall not be construed to extend to debar or hinder any person or persons not exceeding the number of ten aforesaid to present any publick or private Grievance or Complaint to any Member or Members of Parliament after his Election and during the Continuance of the Parliament or to the Kings Majesty for any remedy to be thereupon had Prerog Nor to extend to any Address whatsoever to his Majesty § 3. N. 2. by all or any of the Members of both or either Houses of Parliament during the sitting of the Parliament but that they may enjoy their freedom of access to his Majesty as heretofore hath been used Purveyance Be it therefore Enacted Cap. 8. § 2. N 1. c. that the Clerk or Chief-Officer of his Majesties Carriages shall three days at least before his Majesties Arrival by Warrant from the Green-Cloth give notice in Writing to two or more of his Majesties Iustices of the Peace next adjoyning to provide such a number of Carts and Carriages from the Places next adjacent as his Majesty shall have present use of expressing the certainty c. Forfeiture And that in Case any § 2. N. 2. c. shall refuse to provide and furnish his Majesty that now is or his Queen that shall be or his or her Houshould in their Progress for Removals c. that then upon due Proof and Conviction c. by the Oath of the Constable or other Officer or two other credible Witnesses before the said Iustices of Peace of the County or Mayor or other Chief-Officer of the City or Corporation where he or they inhabit which Oath they shall have Power to administer the Party so refusing shall c. forfeit the sum of forty shillings to the Kings Majesties use to be fortwith levyed by Distress and Sale c. by Warrant from the said Iustices of the Peace Mayor or other Chief-Officer § 3. N. 2. And in Case any Iustice of the Peace Mayor Fees Chief-Officer or Constable shall take any Gift or Reward to spare any c. or shall impress more Carriages then he shall be directed c. that then upon due Proof and Conviction thereof the Party so offending shall forfeit the sum of ten pounds to the Party thereby grieved or any other who shall sue for the same c. § 5. N. 1. And be it further Enacted Justices c. that any two or more of the Iustices of the Peace near adjoyning to the Road through which his Majesty is to pass shall immediately after notice in Writing from the said Green-Cloth and Avener under their Hands and Seals set down and appoint such reasonable Rates and Prices to be paid during his Majesties abode there both for Hay and Oats and other Accomodations for Horses as they in their discretion shall think meet which Rates one day at the least before his Majesties coming to such Place the said Iustices shall cause to be proclaimed in the Market Town next to such place and in such of the Neighbouring Towns and Villages as to them shall seem meet to the end that notice may be taken of such Rates and Prices § 5. N. 2 And if any person shall take any other sum than what is or shall be so limited either for Lodging Horse-meet Forfeiture Stable-room or other such Accommodations and be thereof convicted by Confession of the Party or by the Oath of one credible Witness before any one Iustice of the Peace which Oath the said Iustice of the Peace is hereby authorized to administer that then in such Case every person so offending shall forfeit and pay to the Party grieved the sum of 40 s. the same to be levyed by Distress by Warrant from the said Iustice of the Peace and Sale there of c. C. 10. § 1. N. 3. Viz. The Forfeiture of 20 l. by Deer-stealer to be levyed by the way of Distress upon the Goods and Chattels of every such Offender Forest by Warrant under the Iustices Hand before whom such Conviction shall be made § 1. N. 5. And for want of sufficient Distress Imprisonment the Offender shall be committed to the House of Correction for six Months and there to be put to hard Labour or to the Common-Goal for one whole year without Bail or Mainprize at the discretion of the Iustices of the Peace before whom such Conviction shall be and not to be discharged from thence till he or they have given sufficient Sureties for their Good-behavior for one whole year next ensuing after his or their Enlargement 13 Car. 2. St. 2. C. 1. § 10. N. 2. And from and after the Expiration of the said respective Commissions Coporation viz. for regulating of Corporations March 25. 1663. the said three Oaths viz. of Allegiance Supremacy and against taking up Arms against the King c. and Declaration viz. that no Obligation lyeth on any by the solemn League and Covenant shall be from time to time administred c. by such c. persons respectively who by the Charters or Vsages of the said respective Cities Corporations and Boroughs and Cinque-Ports and their Members and other Port-Towns ought to administer the Oath for due executing the said Places c. viz. of Mayor Alder-men Recorder Bailiffs Town-Clerks Common-Council-men c. § 10. N. 3. And in default of such by two Iustices of the Peace of the said Cities Justices c. for the time being
Mayor and Traverseth the Imprisonment in London and thereupon Demurrer and adjudged that the Inducement to the Traverse was not good for a Justice of Peace cannot deteyn a person suspected in Prison but during a convenient time only to examine him which the Laws intends to be three days and within that time to take his Examination and send him to Prison for he ought not to deteyn him as long as he pleaseth c. neither ought he to deteyn him in Prison in his own house but he is to Commit him to the Common Goal of the County for otherwise when the Justices come to deliver the Goal he is not in the Goal and may not be delivered and so should lye longer then is reasonable see 2 Ed. 4. 8. 3 H. 4. cap. 10. and here he took not any Examination but delivered him over to the New Mayor without Examination which was not Lawfull Dayes VIII Crompt 169. b. A man cannot keep in his house or Custody him that is taken for suspition of Felony above a day and a night and then must send him to the Kings Goal on pain of Ransome by Britton 19. cap. 11. 20 Ed. 4. 6. Faux Imprisonment Br. 27. Sheriffs IX Lambert 429. Inquiry on 4 Ed. 3. 10. § 1. N. 2. If any Sheriff or Goaler have denied to receive Felons by the Delivery of any Constables or Townships or have taken any thing for receiving of such Dalt 341. cap. 18. X. Lambert Constable 18. But this is to be marked that c. where such an Officer hath Arrested or hath in his Ward any Offender that ought to be carried to the Goal there such an Officer is not bound forthwith to carry him but may well for a reasonable time keep him in the Stocks untill that convenient provision of strength may be made to convey him safely thither and when he shall bring such Offender to the Goal then ought the Goaler to receive the same freely without taking any thing of the Officer for it Crompt 169. b. XI Crompt 176. b. § 17. Process The Vill shall be charged to carry the Prisoner to the Goal 4 Ed. 4. cap. 10. Crompt 170. Coron 328. Costs Br. 4. and it seemeth that it shall be at their charge where it s prayed See the Statute 14 Eliz. 5. § N. For carrying Rogues to the Goal See 10 Ed. 4. 7. Dalt 340. cap. 118. 3 Jac. 10. § 1. N. 2. XII Dalt 340 341. If a man be Arrested for Felony Constable and the Constable shall carry him to the Goal and the Goaler will not receive him the Constable must bring him back to the Town where he was taken and that Town shall be charged with the keeping of him untill the next Goal Delivery by the opinion of 10 H. 4. 7. Escape 8. or the Constable or other party that Arrested him may in such case keep the Prisoner in his own house as it seemeth 11 Ed. 4. Faux Imprisonment Br. 25. XIII Crompt 170. b. The Justice commands one to Arrest another Justices who doth it in presence of the Justice this is an Arrest by the Justice himself and needs no Warrant c. 14 H. 7. 8. otherwise it is of the King tho it be in his presence per Curiam if he hath no specialty 16 H. 6. Monstr 182. XIV Crompt 170. b. False Imprisonment against a Justice of Peace for Imprisonment of one without a cause Dyer 275. 2 Inst 591. XV. Crompt 171. Imprisonment almost in all Cases Amerciament is but to retein him untill he hath made a Fine and if he offers his Fine he ought to be delivered presently and the King cannot justly retein him in Prison after the Fine tendered Imprisonment Br. 100. which saith that it was so determined in Parliament Ann. 2. Mar. 1. But if the Statute gives Imprisonment there he shall remain by discretion of the Court where the time is not limited in certain by the Statute 13 H. 7. 34 H. 6. 24. Crompt 172. b. Dalt 34. 1. cap. 118. 11. Co. 43. XVI Crompt 171. Nota per Thorpe Arrest It is an Imprisonment in any Case where a man is Arrsted against his Will tho it be in the High Street or elsewhere tho he be not Imprisoned in any House 22 Ass 8. 5. Crom. 38. Dalt 335. cap. 18. Crompt 38. § 1. Dalt 271. cap. 106. XVII Crompt 172. Justices of Peace Games and Head Officers may resort to a place suspected and Imprison the Keepers of Common places of Bowling Tenice Dicing Carding or other Unlawfull Games and those who play there untill they have found Surety by Recognizance to the King to leave it by 33 H. 8. 9. § N. XVIII Crompt 172. ab Justices of Peace and other head Officers who find or know any person using or exercising any Uunlawfull Game against the Satute 33 H. 8. 9. § N. may commit such Offender to Custody without Bayl or Mainprise untill he be bound by Obligation to the Kings use that he will not use such Unlawfull Games c. XIX Crompt 172. b. Such who keep Common Alehouses without being Licensed Ale the Justices may Commit to Prison without Bayl or Mainprise by the space of three days and before his delivery he shall be bound with two Sureties that he shall not keep any Common Alehouse c. peace XX. Crompt 172. b. A Justice of Peace may arrest one to find surety of the Peace and afterwards let him go without being bound to the Peace and yet the Party shall have no Remedy frr this Imprisonment for it is for his advantage and he is a Judge of Record Fitzh J.P. 10. 9 Ed. 4. 3. Dignity XXI Dalt 333. cap. 18. The Justices of Peace are not to grant their Warrants for the Peace or the like against any Noble-man but against Ecclesiastical Persons they may in some Cases a Feme-covert may be imprisoned by the Justices of Peace for a Force or a Riot but an Infant though of years of Discretion yet he shall suffer no Imprisonment nor other corporal Pain for any Offence committed or done by him against any Statute except that an Infant be expressed by name in the Statute Imprisonment Br. 101. Coverture 68. Com. 364. Dr. Stud. 147 148. Lamb. 81 82. Coron XXII Dalt 336. cap. 118. For Misdemeanours done against the Kings Peace as for Treason Felony or breaking of the Peace c. the Offenders as well by the Common Law as by divers Statutes may be arrested and imprisoned by the Officers of Justice and sometimes by private Persons without either Presentment Process Precept Warrant or other Commandment and these being by the Law of the Realm are warranted by the aforesaid Statute of Mag ' Chart ' 9 H. 3. 29. Arrest XXIII Dalt 337. cap. 118. Any man suspecting another of a Felony committed or only intended may arrest him so as thereupon he commits him to the
Enquest and not to award any Process upon them unless it be in certain Cases where that validity is especially given them by the Statutes c. Acc. S. Stat. II. Lamb. 501. ibid. There was once a time I confess when Justices of the Peace might have awarded Process upon an Information for the King only of the Offences against any Penal Laws even as they may yet upon Indictments against the Peace but that lasted not long and therefore that Course is holden now in special Statutes only 2 Inst 420. Information III. Lamb. 502. ibid. Nevertheless at every Sessions saith Judge Prisot 35 H. 6. 15. the Justices of the Peace do use to make Proclaimation that if any will inform for the Prince he shall be heard and thereupon any man may come in and may both inform the Justices of the Peace and give Evidence to the Enquest without Danger of Conspiracy by the opinion of the Court. Addition IV. Lamb. 502. ibid. In this Information the Statute of Additions 1 H. 5. 5. seemeth upon the bare words to have no place for Informations be not mentioned in it and upon that reason the Court 13 H. 7. 21. Addition Br. 67. did hold it clear That if Rescous be returned by the Sheriff against certain Persons without their Additions yet in that Case they may well be outlaw'd upon it Evidence V. Lamb. 502 503. ibid. The other Compulsory Information groweth by Examination of Witnesses called into the Court and is set forth in the Statute of Drovers 5 Eliz. 12. § 8. N. 1. where it appeareth that upon the Examination of two lawful Witnesses the Justices of Peace may make Process as if it were upon an Inquisition of twelve men the like might be done upon 4 5. Ph. Mar. 2. § 8. N. 2. of Armour and the very like also may they do upon 5 6 Ed. 6. 14. § 10. N. 1. which last Statute seemeth for this point to have been followed as a Pattern by the other two so rightly they tread in the steps of the same hereto also you may add the Examination of the Master and Mariners for Transporting Corn and Victuals against 1 2 Ph. Mar. 5. § 6. N. 1. Suits VI. Lamb. 503. Now of those that seek to inform the Court for Profit ensuing to themselves alone the Knowledge that cometh this way is by the private Suit and proper Action of the Party and is therefore in 11 H. 6. § 1. N. 1. termed a Suit between Party and Party whereof that Statute had no less Consideration than of those other Suits that be for the King himself and therefore provided that they also should not be discontinued by new Commissions of the Peace to be made Parliament VII Lamb. 504. ibid. The Justices of Peace have power to enquire here and determine of all the Defaults against the Statute 23 H. 6. 11. § 3. N. 1. concerning the levying the wages of Knights of the Parliament as well by Enquiry at the Kings Suit as by Action at the Suit of the Party so may they hear and determine by Information Action of Debt or Bill the Offence against the Statute of Laborours 5 Eliz. 4. § 39. N. 2. And likewise by Information or any other Action the Offences against 5 Eliz. 21. § 6. N. 1. of taking Fish Deer or Hawkes c. in which and such like the Justices of Peace ought to proceed after the usual manner of other Courts of Record at the Common Law if I do not mistake it and therefore I will go no further with it c. VIII 3 H. 7. 1. § 1. N. 4. Enquest The Justices of Peace of every Shire may take by their Discretion an Enquest whereof every man shall have 40 s. per Annum at least to enquire of the Concealments of other Enquests taken afore them and afore other of such Matters and Offences as are to be enquired and presented before Justices of the Peace whereof Complaints shall be made by Bill or by Bills as well within Franchises as without Lamb. 396. IX 2 3 Ph. Mar. 3. § 3. N. 2. Cattel Moity of forfeiture for not rearing Milch-Kine c. to party that within one year after the Offence committed will sue for the same in any Courts of Record or before the Justices of Peace in the same Shire where Forfeiture shall be had at the General Sessions who shall have power to hear and determine the same Offences by Bill Information Presentment Action of Debt or Detinue c. Crompt 126. X. Lamb. 4. cap. 3. pag. 396. And because the Jurors of those dayes Tryals viz. 3 H. 7. 1. § 1. N. 4. were wilful in their Concealments it was provided within eight years after viz. 11 H. 7. 3. § 1. N. 3. that the Justices of the Peace should determine Causes upon Information without any such Presentment but many times in vitium duâ—it culpae fuga and therefore that Ordinance endured not long c. 1 H. 8. 6. § 2. N. 3. Lamb. 524. XI Lamb. 525. So that now again the Trial of Offences ought for the most part to proceed either after the general order of the Common Law Evidence or upon such special Examination or other Proof as some Statutes do give in special Cases and this hearing at liberty and Discretion hath seldom any place XII Lamb. 433. Enquiry in Sessions Agreement if any common Informer or Promoter as he is commonly called have compounded or agreed with any person for any Offence against any Penal Law without the Order and Consent of some of the Courts at Westminster or have willingly delayed or discontinued his Suit once commenced 18 Eliz. 5. § 3. N. 1. XIII Crompt 83. ab Enquiry on Sessions upon 18 Eliz. 5. § 1. N. 1. c. Item whether there be any common Informer Appearance who doth not exhibit his Information in his proper person or doth not persue it by himself or by his Attorney in Court or if he antidates the time of the exhibiting thereof or sueth out any Process before the Information exhibited or compounds with the Offender before his Answer made in the Court or then without order of the Court the Offender in this Case shall stand upon the Pillory two hours in some Market Vill next adjoyning to the place where the Offence is committed and forfeit 10 l. and shall not be allowed after for an Informer XIV Crompt 126. Cattel Justices of Peace may hear and determine by Presentment Bill Information or Plaint the Offences of such as kill Waynlings under the age of 2 years to the intent to sell them by 24 H. 8. 9. § N. XV. Crompt 126. They have power by 1 H. 8. 7. § N. as well by examination as by Presentment Coron to hear and determine the Offences of Coronors for not executing their Office according to the Statute Maintenance XVI Crompt 126. The
Offence against the Queen and that was past and pardoned though the death did afterwards ensue upon it Com. 401. Crumpt 116. § 20. Utlary IV. Lamb. 552 553. One that had committed Man-slaughter was Indicted of Murder and thereupon Utlawed afterward the Parliament pardoned all Offences c. except Persons Utlawed or Attainted of Murder the Party reverseth the Utlary and then is Arraigned of Man-slaughter it was much doubted whether he should be discharged by the Pardon because the persons Utlawed were excepted whereas if the Offences only had been excepted it would have made no great Question 29 Eliz. Report Crumpt 116. § 17. Pleading V. Lamb. 553. The special Pardon ought to be pleaded under the Great Seal of England for that Authority which some Subjects in Ancient time had to grant Pardon is resumed by 27 H. 8. 24. § N. Stanff 104. b. Crumpt 115. b. § 15. Non obstante VI. Lamb. 553. And with this special Pardon the party ought to bring a Writ of Allowance testifying that he hath found Sureties for his Good Port according to 10 Ed. 3. 2. § N. howbeit that matter is many times dispensed withal by means of a Non-Obstante that may be put into the Pardon Coron 502. Stanff 101. 104. Crumpt 115. b. § 15. Various VII Lamb. 553. If the Pardon doth agree with the Indictment as well in Name Sur-Name and addition of the Party as also in the point of the Offence that is to be Pardoned then is there nothing to be said against it but if the Pardon be of all Felonies that will not discharge him of Pety Treason nor Murder at this day except it contain them in special words although before 13 Rich. 2. St. 2. Cap. 1. such a Pardon was Available enough for them Crumpt 115. b. § 14. fol. 16. § 18. Attainder VIII Lamb. 554. Neither is such a special Pardon of all Felonies sufficient to save the Life of him that is attainted of Felony unless it have words to pardon the Attainder and Execution 9 Ed. 4. 29. Ch. de pardon Br. 23. no more then the Pardon of the Attainder and Execution will deliver him without words to pardon the Felony it self 8 H. 4. 21. So where the Party is abjured for the death of a Man the Pardon must of necessity carry words of Abjuration Coron 124. Crumpt 115. § 1 2 3. Dalt 242. Cap. 93. Joinder IX Lamb. 554. If the King do Pardon to a Goaler the Escapes of Prisoners being in his ward for Felony or Treason that shall extend to negligent Escapes only and to none other Grants 37. 3 H. 7. 15. Grants Br. 51. So if he Pardon two Men all Felonies done by them or any of them that will not serve them apart because the first words be Joynt and not several whereas all Felonies be of themselves several 22 Ed. 4. 7. For in these and like Cases howsoever the favor of Life may desire liberal Interpretation yet forasmuch as the Offence is against Law the Grace and Dispensation of the Prince may not be straitned beyond the words Crumpt 115. b. § 9. Marriage X. Crumpt 115. § 4. Bigamy is objected against him that prayeth Clergy and after he sheweth a Charter of Pardon and because it made no mention of Bigamy the opinion of the Court was the Pardon was not Good 11 H. 4. Ch. de pardon 16. XI Crumpt 115. § 5 6. The Husband is kill'd by his Wife Bar. Feme and the King pardons her all Treasons the Son shall be Barred of the Appeal by Stanff 59. who saith that he hath heard it was so adjudged by the Statute 22 H. 8. 9. § N. it was made High Treason in the Wife to poyson her Husband and after by General Act of Pardon that Offence was pardoned and it was moved if the Heir of the Husband shall have an Appeal of Murder which was at Common Law or whether the same Offence of Murder is Drown'd in this that is made High Trerson and the opinion of the Justices was as Dyer heard that the Appeal is not maintainable Dyer 50. XII Crumpt 115. b. 116. a. § 16. One who had a Pardon for Utlary of Felony was after the Pardon Indicted of Trespass and had made a Fine Peace and because this is a Confession of the Indictment and it appears to the Court that he had broken the Peace since the Pardon the Court adnulled the Pardon 3 H. 7. 6. and the party was Executed on the first Attainder and this by 10 Ed. 3. 3. § N. Dalt 242 243. Cap. 93. XIII Crumpt 116. § 17. A Man committed Man slaughter Utlary and after is Indicted of Murder for it and thereupon he is Utlawed and after there is a General Pardon given by Parliament except all Persons Utlawed or Attaint of any Murder and after the said Utlary was reversed the Question is if the Party be discharged by this General Pardon and some said that it s no discharge because the Person Utlawed c. is excepted and so is except from the Pardon Generally but if it had excepted the Offence as excepting all Murders without saying except the Pardon shall be discharge this matter was in B. R. Trin. 29 Eliz. and it was the Case of one Freeman who had kill'd one Shaw as I heard and the said F. being Arraigned of Manslaughter for killing the said S. would have had the benefit of the said General Pardon and thereupon it was adjourned until Mich. 29 Eliz. Quere the end Lamb. 552. XIV Lamb. 532. But if the Prisoner plead a Pardon before the Justices Pleading in which certain persons be excepted and the Kings Attorney is not present to joyn Issue that he which pleadeth this is one of those that be excepted then they themselves may supply the Office of the Attorney in that behalf 8 Ed. 4. 7. Parishes see Poor Parliaments see Statutes Parks see Forest Parson see Encumbent Ecclesiastical Persons Partridges see Fowle Pain Punishment Penalty see Forfeiture Paving see Wayes Peace Surety of the Peace Bail Force Riot Affray I. F. N. B. 79. G. The Writ de securitate pacis in Chancery Bail Rex Vicecom ' L. salutem Quia A. de B. nobis Graviter conquestus est quod C. ei de Corpore suo manifestè minatus tibi precipimus quod eidem A. de prefat ' C. firmam pacem nostram secundum consuetudinem Angliae habere faciatis Ita quod securus sis quod eidem A. de Corpore suo per prefatum C. vel per procurationem suam Damnum vel periculum non Eveniat teste c. Or thus de Incendio Domorum suarum manifestè minatur tibi precipimus c. Ita quod c. Eidem A. de Domibus suis predictis per hujusmodi Incendium Damnum c. And he may have the Writ for Security of his Body and of Burning his Houses in one Writ and he may have an Alias
is kept any thing in this Act or in any provision of the same to the contrary notwithstanding License CXXXII 27 H. 8. 25. 26. § 27. N. 1. Provided furthermore that Servingmen departing from their service by License Will Death or Exclusion of their Lord Lady Master or Mistris having of the same their Lord Lady Master or Mistris Letters or in case of their death other sufficient proof testifying the day of their Exclusion or departure from such service shall not incur or run into any the punishments or penalties comprised in this Act for Vagabonds or sturdy Beggers within the space of one month after the day mentioned in the said Letters or appearing by the said testimony to be the day of the departure from such services ne also at or after the same month expired so that by the end of such month they shall have entred into any service or be otherwise in labor according to the form and tenor of this Act. Abbe CXXXIII 27 H. 8. 25. 26. § 28. N. 1. Provided also that in as much as Fryers Mendicants have little or nothing to live upon but only by the Charity and Alms of all Christian people this Act therefore ne any thing therein contained shall be prejudicial or hurtful unto any person or persons for giving of them in general or particular any manner of Alms in Mony Victual or other things ne also to them or any of them for being or remaining out of the places where they were born or had their last habitation or for passing abroad to gather the Alms and Charity of Christian people or for continuance in their Religion as they have been accustomed to do this Act or any thing therein mentioned to the contrary notwithstanding CXXXIV 27 H. 8. 25. 26. § 29. N. 1. Provided also that this Act ne any thing therein mentioned be hurtful or prejudicial to any Abbots Abbe Priors or other person or persons of the Clergy or other that by any means be bound to give yearly weakly or daily Alms in Mony Victual Lodging Cloathing or any other thing in any Monasteries Alms-Houses Hospitals or other Foundations or Brotherhoods by any good Authority or Ancient custom or of daily charity by keeping of poor men established for that purpose CXXXV 27 H. 8. 25. 26. § 29. N. 2. Ne to any person or persons Charity for receiving of the same or for their abiding in such Alms-houses or Hospitals according to such foundation CXXXVI 27 H. 8. 25. 26. § 29. N. 3. Ne also for Alms in ready Mony Mariners or otherwise to be given to Mariners or other persons that shall for time to come or be set on Land from Ships perished or lost on the Sea CXXXVII 27 H. 8. 25. 26. § 29. N. 4. Or to any person that Riding Going or passing by the way Charity shall after his or their Conscience or charity give Mony or other thing to Lame Blind or Sick Aged or Impotent people any thing in this Act to the contrary mentioned notwithstanding CXXXVIII 1 Ed. 6. 3. Forasmuch as Idleness and Vagaboncy Laborers is the Mother and Root of all Thefts Robberies and all evil Acts and other mischiefs and the multitude of people given thereto have always been here within this Realm very great and more in number as it may appear than in other Regions to the great Impoverishment of the Realm and danger of the Kings Highness Subjects CXXXIX 1 Ed. 6. 3. § 1. N. 2. The which Idleness and Vagaboncy Parliament all the Kings Highness Noble Progenitors Kings of this Realm and this High Court of Parliament have often and with great travaile gone about and assayed with Godly Acts and Statutes to repress Yet until this our time it hath not had that success which hath been wished but partly by foolish Pity and Mercy of them which should have seen the said Godly Laws Executed partly by the perverse Nature and long accustomed Idleness of the persons giving to loytering the said Godly Statues hitherto have had small effect And Idle and Vagabond persons being unprofitable Members or rather Enemies of the Common-wealth have been suffered to remain and increase and yet so do whom if they should be punished by Death Whipping Imprisonment and other Corporal pain it were not without their deserts for the Example of others and to the benefit of the common-wealth yet if they could be brought to be made profitable and do service it were much to be wished and desired CXL 1 Ed. 6. 3. § 1. N. 3. Be it therefore Enacted Repealance c. First that all Statutes and Acts of Parliment heretofore made for the punishment of Vagabonds and sturdy Beggers and all Articles comprised in the same shall be from henceforth repealed void and of none effect CXLI 1 Ed. 6. 3. § 2. N. 1. Ability Secondly that whosoever after the first day of April next following Man or Woman being not Lame Impotent or so Aged or diseased with Sickness that he or she cannot work not having Lands or Tenements Fees Annuities or any other yearly Revenues or profits whereon they may find sufficiently their living shall either like a Serving-man wanting a Master or like a Begger or after any such other sort be lurking in any House or Houses or loytering or Idly wander by the high-ways side or in streats in Cities Towns or Villages not applying themselves to some honest and allowed Art Science Service or Labor and so do continue by the space of three days or more together and not offer themselves to labor with any that will take them according to their faculty And if no Man otherwise will take them do offer themselves to work for Meat and Drink or after they be so taken to work for the space agreed between them and their Master do leave their work out of convenient time or run away that then every such person shall be taken for a Vagabond Apprentice CXLII 1 Ed. 6. 3. § 2. N. 2. And that it shall be lawful to every such Master offering such idle person Service and labor and that being by him refused Or who hath agreed with such idle person and from whom within the space agreed of service the said loyterer hath run away or departed before the end of the Covenant between them And to any other person espying the same to bring or cause to be brought the said person so living idly and loyteringly to two of the next Justices of Peace there resiant or abiding who hearing the proof of the idle living of the said person by the said space living idly as is aforesaid proved to them by two honest witnesses or confession of the party shall immediatly cause the said loyterer to be marked with an hot Iron in the Brest the mark of V. Villenage CXLIII 1 Ed. 6. 3. § 2. N. 3. And adjudge the said person living so idly to such Presentor to be his Slave to have
that the said Vagabonds and other lewd persons before recited shall upon their apprehension be committed to the common Goal of the same Shire where they are so taken and apprehended and that in the most Shires of this Realm the Common-Goals are in such Towns where there be a great number of Poor people more than they are well able to sustain with their relief and in some Shires the Assizes are kept far distant from the place where the Common-Goals are by reason whereof the said Prisoners are like to famish for want of sustenance if they be not therefore provided Sessions CCCLXVIII 14 Eliz. 5. § 37. 2. N. 1. For remedy wherof be it therefore Enacted c. that it shall and may be lawful for the Justices of Peace of every Shire within this Realm at their General Quarter-Sessions of the Peace to be holden within the same Shires or the most part of the said Justices being then present to Rate and Tax every Parish within the said Shires at such reasonable summs of mony for and towards the relief of the said Prisoners as they shall think convenient by their discretions so that the said Taxation and rate doth not exceed above 6 d. or 8 d. by the week out of every Parish Church-wardens CCCLXIX 14 Eliz. 5. § 37. 2. N. 2. And that the Church-wardens of every Parish within this Realm for the time being shall every Sunday levy the same and once every Quarter in the year pay to the High-Constables or Head-Officers of every Town Parish Hundred Riding or Wapentake within this Realm all such summs of mony as their Parish shall berated and taxed for and towards the relief of their said Prisoners within their said several Parishes Lambert 467. 468. Constable CCCLXX 14 Eliz. 5. § 37. 2. N. 3. And that the said High-Constables and Head-Officers and every of them shall pay all such summs of mony so to them paid by the said Church-wardens at every General Quarter Sessions to be holden within the said several Shires to such sufficient persons dwelling nigh the said Goals as shall be appointed by the said Justices in their said open Quarter Sessions to be there ready to receive the said mony so Collected as is aforesaid Imprisonment CCCLXXI 14 Eliz. 5. § 37. 2. N. 4. And that the Collectors for the said Prisoners shall weekly distribute and pay all such summs of mony as they and every of them shall receive for the relief of the said Prisoners as aforesaid Church-wardens CCCLXXII 14 Eliz. 5. § 37. 2. N. 5. Upon pain as well the said Church-wardens of every Parish Constables and Head-Officers of every Hundred or Wapentake as also the said Collectors appointed for the Collection and contribution of the said Prisoners so making default as is aforesaid to forfeit 5 l. the one moity therereof shall be to the use of the Queens Majesty her Heirs and Successors and the other moity to the relief of the Prisoners any Statute law custom use or other thing to the contrary in any wise notwithstanding Corporation CCCLXXIII 14 Eliz. 5. § 38. 3. N. 1. Provided always that the Justices of Peace within any County of this Realm or Wales shall not intromit or enter into any City Borough Place or Town-Corporate for the Execution of any Branch Article or Sentence of this Act for or concerning any offence matter or cause growing or arising within the Precincts Liberties or Jurisdictions of such City Borough Place or Town-Corporate but that it shall and may be lawful to the Justice and Justices of the Peace Mayor Bailiffs and other Head-Officers of those Cities Boroughs Places and Towns-Corporate where there be Justice or Justices to proceed to the Execution of this Act within the precinct and compass of their Liberties in such manner and form as the Justices of Peace in any County may or ought to do within the same County by vertue of this Act any matter or thing in this Act expressed to the Contrary thereof notwithstanding CCCLXXIV 14 Eliz. 5. § 39. 4. N. 1. And that every Justice and Justices of Peace within every such City Borough Justices Place and Town-Corporate for every offence by them or any of them to be committed contrary to the intent and meaning of this Statute shall be punishable and chargeable as other Justices of Peace at large in the Counties are by this Act above appointed to be CCCLXXV 14 Eliz. 5. § 40. N. 1. Provided always and be it further Enacted c. that if it shall chance any City or Town Corporate Corporation to have in it more Poor folks than the Inhabitants thereof shall be able to relieve that in such case upon Certificate thereof made and of the number and names of persons with which they be so surcharged unto the Justices of Peace of the County in which such City or Town-Corporate shall lie and be Situate at their Quarter Sessions of the Peace by two Justices of Peace of the said County and the Mayor or other Head-Officer of the same City or Town-Corporate the Justices may by their discretions in the same Sessions take order appoint and cause the same Poor folks so Certified to be provided for and be relieved by giving of Licence to beg or otherwise in some other place or places of the said County out of such City or Town-Corporate so surcharged CCCLXXVI 14 Eliz. 5. § 41. N. 1. Provided always that this Act or any thing therein contained shall not extend to the Poor people Hospitals for the time being in the Hospital called Saint Thomas Hospital otherwise called the Kings Hospital in the Borough of Southwark near adjoyning to the City of London but that the Mayor Commonalty and Citizens of the said City of London for the time being shall and may only have the rule order and Government of the said Hospital and of the Poor people therein for the time being any thing in this Act to the contrary notwithstanding CCCLXXVII 14 Eliz. 5. § 42. N. 1. Provided alway that this Act or any thing therein contained or any Authority thereby given Games shall not in any wise extend to disinherit prejudice or hinder John Dutton of Dutton in the County of Chester Esq his Heirs or Assigns for touching or concerning any Liberty Previledge Preheminence Authority Jurisdiction or Inheritance which the said John Dutton now lawfully useth or hath or lawfully may or ought to use within the County Palatine of Chester and the County of the City of Chester or either of them by reason of any Ancient Charters of any Kings of this Land or by reason of any prescription or other lawful usage or title whatsoever CCCLXXVIII 14 Eliz. 5. § 43. N. 1. This Act to indure for seven years and from thence to the end of the next Parliament Continuance then next following 18 Eliz. 3. § 14. N. 1. Crompt 97. b. CCCLXXIX Crompt 154. b. Nor shall Bail be received
Wife And that it was not intended that they should seize burn or deface any Books of the Husbands though Popish unless such whereby the Wife might be aided or confirmed in her Superstition So that in this Case Books written in a language or stile unintelligible to the Wife are not within the meaning of 3 Jac. 5. § 26. N. 2. nor ought by colour thereof to be taken from the Husband who is no Popish Recusant LXXX The Laws c. 238. Abr. 255. Ware In the same County where such Popish recusant shall be resident 3 Jac. 5. § 27. N. 1. A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant such Arms cannot be seized by force of this Act by the Justices of Peace of either County Not by the Justices of Peace of the County where the Arms are kept for the seizure or taking is here limited to be by Warrant at the Sessions in the County where the Recusant resides and 3 Jac. 5. § 27. N. 1. must be strictly pursued in that particular Nor by the Justices of Peace of the County where the resident is Recusant for the Arms are in another County where they have nothing to do And also in some Cases where a Statute appoints a Justice of Peace to do a thing he may do it out of his County Justices as to take an Examination upon the Statute of Winton 13. Ed. 1. Stat. 2 cap. 1. N. of a Robery 27 Eliz. 13. § 11. N. 2. as was resolved 1 Cr. 213. Jones 239. Helier vers H. of Benburst yet he cannot Exercise any coercive Power out of his County as was resolved in that Case for his Potestas Jurisdictionis is confined to his Couâ—ty as well as that of a Bishop is confined to his Dioces See Palmer 473. Ascuiths Case Infra 266. N. 2. And here the taking Recusants Armor is a coercive Act and therefore by 3 Jac. 5. § 27. N. 1. can be Executed by warrant of the five Justices of Peace in that County only where they are Justices so that this is clearly Casus omissus and not provided for by this Act. LXXXI The Laws c. 238. Abr. 256. Imprisonment Imprisoned by warrant of or from any Justices of Peace 3 Jac. 5. § 28. N. 1. Any two Justices may grant their Warrant for imprisoning the Offender and 't is sufficient in this Case for Pluralis numerus ect duobus contentus but a Warrant from any one Justice will not serve contrary to Wingate Crown 145. LXXXII The Laws c. 238. 239. Abr. 257. Of such County Lieu. 3 Jac. 5. § 28. N. 1. That is of the County where the Popish Recusant is resident for no other County was named before A Popish Recusant lives in one County and his Arms are kept in another County by one who is no Popish Recusant the Justices of Peace of that other County cannot by force of this Act 3 Jac. 5. § 28. N. 1. imprison him that keeps them for they are not named here but the Power in this Case is expresly limited to other Justices and no other can intermeddle therein Neither will the Warrant of the Justices of Peace of the County where the Recusant is resident reach him who is in another County for the coercive Authority of a Justice of Peace cannot exceed his limits or bounds as Com. 37. is held in the Sheriffs of Londons Case And therefore in the Case of the Lord Say it was resolved That if a Justice of Peace of the County where the Felony was committed pursue a Felon into another County and take him there the Felon must be imprisoned in the County where he is taken and the Justice of Peace who pursued him hath no Power to carry him to the Goal of the County where he did the Felony for he is a Prisoner in the County where he was taken and there the Justice of Peace hath no more Power to do then an ordinary person 13 Ed. 4. 8. Fresh Suit Br. 3. So that as it seems in this Case the Party who keeps such Arms cannot be imprisoned by 3 Jac. 5. § 28. N. 1. but this likewise is Casus omissus and not here provided for Oath 7 Jac. 6. of Allegiance LXXXIII The Laws c 243. upon 7 Jac. 6. § 8. N. 1. The King cannot dispence with any Member of the Commons House of Parliament from taking this Oath of Allegiance for that he is here declared to be Persona inhabilis untill he take it Vaughan 355. Thomas and Sorrel Supra and 3 Inst 154. Justices LXXXIV The Laws c. 246. For any two Justices of Peace within any County City or Town Corporate c. 7 Jac. 6. § 26. N. 2. the two Justices may require this Oath of any person that shall happen to be within their Jurisdiction although his habitation be in another County or Liberty for the Oath of Allegiance Sequitur personam non locum 2 Bulstr 155. The King against Griffith c. Oath LXXXV The Laws c. 246. Abr. 260. To require any person or persons 7 Jac. 6. § 26. N. 2. This is an Enlargement of the Power given to two Justices of Peace by 3 Jac. 4. § 13. N. 4. for thereby they could have required the Oath but only in some particular Cases Supra But by 7 Jac. 6. § 26. N. 2. They may require it of any person whatsoever of competent Age and under the degree of a Baron or Baroness The Justices of the Peace in this Case 7 Jac. 6. § 26. N. 2. or the Justice of Peace in the following Case 7 Jac. 6. § 26. N. 4. may make his or their special Warrant to the Constable to bring the party before the said Justice or Justices to take the Oath for 7 Jac. 6. § 26 N. 2. by giving them Power to require the Oath doth implicitly authorize them to make such a Warrant Quando lex aliquid alicui concedit concedere videtur id sine quo res ipsa esse non potest and it is against the Office of the Justices of Peace and the Authority hereby given them to go and seek the Party 12 Co. 130. But the Constable cannot by vertue of such Warrant break the House where the Party is for he is no Offender before he refuse the Oath or commit some contempt to the King Endictment LXXXVI The Laws c. 247. Abr. 263. Shall stand and be Presented Indicted or Convicted 7 Jac. 6. § 26. N. 4. These words being in the Disjunctive it is not necessary that the party be convicted but if he stand Presented or Indicted for not coming to Church or not receiving the Sacrament and be under the degree of a Baron the Justice of Peace ought to tender him this Oath Intendment LXXXVII The Lands c. 247. 248. Abr 264. And the said Iustice shall find cause of Suspition 7 Iac. 6.
and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same that from and after the first day of April next coming no Iustice or Iustices of Peace shall let to Bail or Mainprize any such person or persons which for any Offence or Offences by them or any of them committed be declared not to be Replevised or Bailed or be forbidden to be replevised or Bailed by the Statute of Westminster 1 c. viz. 3 Ed. 1. Cap. 15. Coron And furthermore that any person or persons Arrested for Manslaughter or Felony § 3 N. 1 or Suspition of Manslaughter or Felony being Bailable by the Law shall not after the first day of April be let to Bail or Mainprize by any Iustices of Peace if it be not in open Sessions except it be by two Iustices of Peace at the least whereof one to be of the Quorum and the same Iustices to be present together at the time of the said Bailment or Mainprize § 3. N. 2. Which Bailment or Mainprize they shall certify in Writing Certificate subscribed or signed with their own Hands at the next general Goal-delivery to be holden within the County where the said person or persons shall be arrested or suspected § 4. N. 1. And that the said Iustices or one of them being of the Quorum Proof when any such Prisoner is brought before them for any Manslaughter or Felony before any Bailment or Mainprize shall take the Examination of the said Prisoner and Information of them that bring him of the Fact and Circumstances thereof and the same or as much thereof as shall be material to proove the Felony shall put in Writing before they make the same Bailment 2 3 Ph. Mar. Cap. 10. § 4. N. 2. Which said Examination together with the said Bailment Certificate the said Iustices shall certify at the next general Goal-delivery to be holden within the limits of their Commission 2 3 Ph. Mar. Cap. 10. § 1. N. 2. § 5. N. 1. And that every Coroner upon any Inquisition before him found whereby any person or persons shall be Indicted for Murder or Manslaughter Inquest or as Accessary or Accessaries to the same before the Murder or Manslaughter committed shall put in Writing the effect of the Evidence given to the Iury before him being material § 5. N. 2. And as well the said Iustices as the said Coroner Recognizance shall have Authority by this Act to bind all such by Recognizance or Obligation as do declare any thing material to proove the said Murder or Manslaughter Offences or Felonies or to be Accessary or Accessaries to the same as is aforesaid to appear at the next general Goal-delivery to be holden within the County City or Town-Corporate where the Tryal thereof shall be then and there to give Evidence against the Party so Indicted at the time of his Tryal 2 3 Ph. Mar. Cap. 10. § 2. N. 4. § 5. N. 3. And shall certify as well the same Evidence Certificate as such Bond or Bonds in Writing as he shall take together with the Inquisition or Indictment before him taken and found at or before the time of his said Tryal thereof to be had or made 2 3 Ph. Mar. Cap. 10. § 2. N. 5. § 5. N. 4 And likewise the said Iustices shall certify all and every such Bond taken before them Bail in like manner as before is said of Bailment and Examination § 5. N. 5. And in Case any Iustice of Peace of Quorum or Coroner Justices shall after the first day of April offend in any thing contrary to the true intent and meaning of this present Act that then the Iustices of Goal-delivery of the Shire City Town or Place where such Offence shall happen to be committed upon due Proof thereof by Examination before them shall for every such Offence set such Fine on every of the same Iustices of Peace and Coroner as the same Iustices of Goal-delivery shall think meet and estreat the same as other Fines and Amercements assessed before Iustices of Goal-delivery ought to be § 6. N. 1. Provided always Coporation and be it further Enacted by the Authority aforesaid that Iustices of Peace and Coroners within the City of London and the County of Middlesex and in other Cities Boroughs and Towns-Corporate within this Realm and Wales shall within their several Iurisdictions have Authority to let to Bail Felons and Prisoners in such manner and form as they have been heretofore accustomed this Act or any thing therin contained to the contrary notwithstanding § 6. N. 2. And also shall take Examinations and Bonds as is aforesaid Proof upon every Bailment by them or any of them to be made § 6. N. 3. And shall certify every such Bailments Certificate Bonds and Examinations by them or any of them taken or made at the next Goal-delivery to be holden within the Shire City Borough or Town where their several Iurisdictions extendeth upon like Pain and Forfeiture as is before limited in this present Act. § 7. N. 1 And be it also Enacted Certirorari c. that no Writs of Habeas Corpus or Certiorari shall be hereafter granted to remove any Prisoner out of any Goal or to remove any Recognizance except the same Writs be signed with the proper hands of the Chief Iustices or in his absense one of the Iustices of the Court out of which the same Writs shall be awarded or made Officer Vpon Pain § 7. N. 2. that he that writeth any such Writs not being signed as is aforesaid to forfeit to our Soveraign Lord the King and the Queen for every such Writs five pounds Riot Be it therefore Enacted c. viz. because good and beneficial that all C. 16. N. 15. c the several Acts c. viz. 1 Mar. 1. St. 2. Cap. 12. c. of Riots and all Clauses c. shall be revived c. until the last day of the next Parliament 2 3 Ph. Mar Cap. 21. § 10. N. 2. Husbandry The one half of which said Forfeitures viz. twenty shillings a month 2 3 Ph. Mar. Cap. 3. § 3 N. 2◠that one Cow is not kept for every threescore Shere-sheep and one Calf for every six score shall be to the use of c. the King and Queens Majesties and the other half to the use of the Party that within one year after the Offence committed will sue for the same in any c. Courts of Record or before the Iustices of Peace in the same Shire where any such Cause of Forfeiture shall be had at the general Sessions who by Authority of this Act shall have Power to hear and determine the said Offences by Bill Information Presentment Action of Debt or Detinue in which Action or Suit no