Choice presidents upon all Acts of Parliament relating to the office and duty of a justice of peace. With necessary notes and instructions thereupon taken out of the said Acts of Parliament, and other particular cases in law adjudg'd therein. As also a more useful method of making up Court-Rolls than hath been hitherto known or published in print. By Rich. Kilburne, Esq; late one of His Majestie's Justices of the Peace for the county of Kent, and principal of Staple-Inn.

About this Item

Title
Choice presidents upon all Acts of Parliament relating to the office and duty of a justice of peace. With necessary notes and instructions thereupon taken out of the said Acts of Parliament, and other particular cases in law adjudg'd therein. As also a more useful method of making up Court-Rolls than hath been hitherto known or published in print. By Rich. Kilburne, Esq; late one of His Majestie's Justices of the Peace for the county of Kent, and principal of Staple-Inn.
Author
Kilburne, Richard, 1605-1678.
Publication
London :: printed by the assigns of Rich. and Edw. Atkins, Esquires, for Richard Tonson within Grayes-Inn-Gate next Grayes-Inn-Lane,
1681.
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Subject terms
Forms (Law) -- Great Britain -- Early works to 1800.
Justices of the peace -- England -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A47352.0001.001
Cite this Item
"Choice presidents upon all Acts of Parliament relating to the office and duty of a justice of peace. With necessary notes and instructions thereupon taken out of the said Acts of Parliament, and other particular cases in law adjudg'd therein. As also a more useful method of making up Court-Rolls than hath been hitherto known or published in print. By Rich. Kilburne, Esq; late one of His Majestie's Justices of the Peace for the county of Kent, and principal of Staple-Inn." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A47352.0001.001. University of Michigan Library Digital Collections. Accessed June 17, 2024.

Pages

A Warrant and Directions for general privy Search.

To the Constable and Borsholders of the Hundred of C. and to every of them.

Kent ss. FOrasmuch as it is observed, That* 1.1 (for want of due Execution of the good Laws and Statutes of this Realm, made and provided for the apprehending and punishing of Rogues, Vagabonds, sturdy Beg∣gars, and other wandring and idle Persons) the number of them does daily increase within this Division, to the great prejudice of the In∣habitants therein: (For the better prevention whereof for the future, and of Robberies, Bur∣glaries, and other Felonies, and Misdemea∣nours often occasioned thereby) These are (in His Majestie's name) to command you, and every of you, diligently to observe and per∣form our Directions in the premisses herewith sent unto you, as you, and every one of you will answer to the contrary at your perils. Gi∣ving you farther hereby to understand, that we shall from time to time require a strict account of your due observance and execution of the same: and in case of negligence of you or any of you therein, we shall forthwith (upon know∣ledge thereof) proceed with effect (according to Law) to punish such of you as shall so ne∣glect the same. Given under our hands and seals the, &c.

Page 194

1. That you do henceforth take special care to apprehend all Rogues, Vagabonds, sturdy Beggars, and other wandring and idle Persons, and punish and pass them away according to Law.

2. That you do in one night within every week, between the date of the Precept afore∣said and our next meeting, make a general search within the said Hundred in all suspicious places for the finding out and apprehending of all Rogues, Vagabonds, sturdy Beggars, and other wandring and idle Persons: And such as in the said search you shall find and apprehend, that you do punish and pass them away accor∣ding to Law.

3. That you do cause Watches to be duly* 1.2 kept in fitting places of the said Hundred by honest and able men of the same every night, from Sun-setting untill Sun-rising, untill the nine and twentieth day of September next en∣suing; according to the Statute made at Westm. in the thirteenth year of the Reign of the late King Edward the First.

4. That you do forthwith bring before us, or some or one of us, or some other of His Ma∣jestie's Justices of the Peace of the said Coun∣ty, all such Rogues, Vagabonds, sturdy Beg∣gars, and other wandring and idle Persons as you shall apprehend by day or night, and con∣ceive to be more than ordinarily dangerous, or to be suspected for any Murther, Robbery, Bur∣glary, Felony, or other Misdemeanour, to the end they may be farther dealt withall as to Ju∣stice doth appertain.

5. That you do from time to time (and more especially at every of our Assemblies or Meetings herein after mentioned) present unto us the names of all such Persons within the said

Page 195

Hundred as be masterless, or live out of service or be common Alehouse-haunters, or expen∣ders of their money in riot, (not duly labou∣ring for their living, and not having whereby so to maintain them.)

And the names of all unlicensed Alehouse∣keepers within the said Hundred, or notori∣ously suspected so to be.

Together with the names of such licensed Alehouse-keepers within the same as are of evil behaviour, or do suffer evil Rule, Ga∣ming, or other Disorder to be kept in their said houses.

And the names of such Witnesses as can or will testify the keeping of any such Alehouse▪ unlicensed, or the evil behaviour of, or suffe∣ring evil Rule, Gaming, or other Disorder by any of the said licensed Alehouse-keepers.

And that you do give notice unto all and every the said Witnesses, that they and every of them are by us required to appear before us accordingly, to testify their several knowledges touching the same.

And that you do likewise give notice unto all and every the said Persons so by you to be returned, all Persons out of service, riotous Spenders, unlicensed Alehouse-keepers, or dis∣orderly licensed Alehouse-keepers; that they, and every of them, are by us required to ap∣pear before us, or some of us, as aforesaid, to answer the premisses, and farther to doe and receive as to Justice doth appertain.

6. That you do from time to time at every of our said Assemblies or Meetings deliver un∣to us, or some of us, in writing an account of what you have done in pursuance of the di∣rections before mentioned.

Page 196

7. That (taking assistance of sufficient men* 1.3 of the said Hundred) you do in the night be∣fore every of our days of Assembly or Meeting hereafter mentioned, that is to say, (here name the days of meeting of the Iustices) make a ge∣neral privy search within every of the Parishes, Villages and Hamlets within the same, for fin∣ding out and apprehending of all Rogues, Va∣gabonds, and wandring and idle Persons, in and about the said Parishes, Villages and Ham∣lets; And that such Rogues, Vagabonds, and wandring and idle Persons, (as you shall then find and apprehend in the said search) you do cause to be brought before us, or some of us, on the day and at the place of our Assembly or Meeting aforesaid, at ten of the clock in the forenoon of the same day, there to be exami∣ned of their idle and wandring life, and to be farther dealt withall according to Law.

And that you be then and there also ready to give account and reckoning (upon Oath in writing, and under the hand of the Minister of each respective Parish) what Rogues, Vaga∣bonds, and disorderly Persons you have appre∣hended within the said Search, and also be∣tween every such Assembly and Meeting; and how many have been by you punished, or otherwise sent unto the House of Correction, (according to the form of the Statute in that behalf made in the seventh year of the Reign of the late King Iames;) and upon such Fines, Pains and Penalties as are in the said Statute contained, (in case you, or any of you, do neglect to perform what is in this behalf before commanded.)

Lastly, That upon some day (about three or four days before every of our said Assemblies or Meetings) you the said Constable and Borshol∣ders

Page 197

do meet and consult together touching the making of your Return to us of what you have done between every such our Assembly or Mee∣ting; and do also then agree how to divide your selves in your then next Search, and where to meet in the morning then next fol∣lowing, for your more ready giving to us your account of what you have done in the said Search.

Notes

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