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.

Oaths.

The Oath which is usually ministred to a Iustice of the Peace in the several Counties of England.

YE shall Swear, that as Justice of the* 1.1 Peace in the County of K. in all Ar∣ticles in the King's Commission to you directed, you shall doe equal right to the Poor and to the Rich, after your cunning, wit and power, and after the Laws and Customs of this Realm, and Statutes thereof made: And ye shall not be of Council of any Quarrel hanging before you: And that you hold your Sessions after the form of the Statutes thereof made: And the Issues, Fines, and Amercements that shall happen to be made; and all Forfeitures which shall fall before you, ye shall cause to be entred without any concealment (or imbeziling,) and truly send them to the King's Exchequer; ye shall not lett for gift, or other cause, but well and truly you shall doe your Office of Justice of the Peace in that behalf: And that you take no∣thing for your Office of Justice of the Peace to be done, but of the King, and Fees accustom∣ed, and Costs limited by the Statute: And ye

shall not direct, nor cause to be directed, any Warrant (by you to be made) to the parties, but ye shall direct them to the Bailiffs of the said County, or other the King's Officers (or Ministers,) or other indifferent persons, to doe Execution thereof.

So help you God, &c.

The Oath of Supremacy.

I A. B. of, &c. do utterly testifie and declare in* 1.2 my Conscience, That our Sovereign Lord King Charles the Second is the onely Supreme Governour of this Realm, and of all other His Highness Dominions and Countries, as well in all Spiritual or Ecclesiastical things or causes as Temporal. And that no foreign Prince, Per∣son, Prelate, State or Potentate hath, or ought to have, any Jurisdiction, Power, Superiority, Preheminence or Authority, Ecclesiastical or Spiritual, within this Realm. And therefore I do utterly renounce and forsake all foreign Jurisdictions, Powers, Superiorities and Au∣thorities. And do promise that from hence∣forth I shall bear Faith and true Allegiance to the King's Highness, His Heirs and lawfull Suc∣cessors. And to my power shall assist and de∣fend all Jurisdictions, Privileges, Preheminen∣ces and Authorities, granted or belonging to the King's Highness, His Heirs and Successors, or united and annexed to the Imperial Crown of this Realm.

So help me God.

The Oath of Allegiance.

I A. B. do truly and sincerely acknowledge,* 1.3 profess, testifie, and declare in my Con∣science before God and the world, That our Sovereign Lord King Charles the Second is lawfull and rightfull King of this Realm, and of all other His Majestie's Dominions and Coun∣tries, and that the Pope neither of himself nor by any authority of the Church or See of Rome, or by any other means with any other, hath any power or authority to depose the King, or to dispose of any of His Majestie's Kingdoms or Dominions, or to authorize any foreign Prince to invade or annoy Him, or His Countries, or to discharge any of His Subjects of their allegiance and obedience to His Ma∣jesty, or to give licence or leave to any of them to bear Arms, raise Tumult, or to offer any violence or hurt to His Majestie's Royal Person, State, or Government, or to any of His Majestie's Subjects, within His Majestie's Dominions. Also I do swear from my heart, That notwithstanding any Declaration or Sen∣tence of Excommunication, or Deprivation, made or granted, or to be made or granted, by the Pope or his Successors, or by any autho∣rity derived, or pretended to be derived, from him, or his See, against the said King, His Heirs or Successors; or any Absolution of the said Subjects from their obedience. I will bear saith and true allegiance to His Majesty, His Heirs and Successors, and Him and Them will defend to the uttermost of my power,

against all Conspiracies and Contempts what∣soever, which shall be made against His or their Persons, their Crown and Dignity, by reason or colour of any such Sentence or De∣claration, or otherwise; and will do my best endeavour to disclose and make known unto His Majesty, His Heirs and Successors, all Trea∣sons and Traiterous Conspiracies, which I shall know or hear of to be against Him, or any of them.

And I do further swear, That I do from my heart abhor, detest, and abjure, as impious and heretical, this damnable Doctrine and Po∣sition, That Princes which be Excommunicated or Deprived by the Pope, may be deposed or murthered by their Subjects, or any other whatsoever.* 1.4

And I do believe, and in Conscience am re∣solved, That neither the Pope, nor any person whatsoever, hath power to absolve me of this Oath, or any part thereof, which I acknow∣ledge by good and full authority to be lawful∣ly ministred unto me, and do renounce all Pardons and Dispensations to the contrary. And all these things I do plainly and sincerely acknowledge and swear according to these ex∣press words by me spoken, and according to the plain and common sense and understanding of the same words, without any Equivocation or mental Evasion, or secret Reservation what∣soever. And I do make this recognition and acknowledgment heartily, willingly, and truly, upon the true faith of a Christian.

So help me God.

A Mittimus for refusing the Oath of Allegiance.

To the Keeper or Gaoler, &c.

WE A. B. and C. D. two of His Ma∣jestie's* 1.5 Justices of the Peace for the County of K. whereof A. B. is of the Quorum, do hereby commit to your custody the Body of E. F. for refusing to take the Oath of Alle∣giance. Requiring you to take and safely in Prison to keep him, till he shall be delivered by due course of Law, and for so doing this shall be your Warrant. Given under our hands and seals this second day of Iune, &c.

The Oath of Abjuration.

YOU shall swear, That you shall depart out* 1.6 of this Realm of England, and out of all other the King's Majestie's Dominions, and that you shall not return hither, or come again into any of His Majestie's Dominions, but by the Licence of our said Sovereign Lord the King, or of His Heirs.

So help you God.

The Oath of an Excise-man.

[With this must be taken the Oaths of Alle∣giance and Supremacy.]

YOU shall swear to execute the Office of* 1.7 (name the place) truly and faithfully, without favour or affection, and shall from time to time true account make and deliver to such person or persons as His Majesty shall ap∣point to receive the same; and shall take no fee or reward for the execution of the said Office, from any other person then from His Majesty, or those whom His Majesty shall ap∣point in that behalf.

The under Sheriffs Oath touching the Impannelling of Iuries.

I A. B. shall not use or exercise the Office* 1.8 of under Sheriff corruptly, during the time that I shall remain therein; Neither shall or will accept, receive, or take, by any colour, means, or device whatsoever, or consent to the taking of any manner of Fee or Reward of any person or persons for impanelling or returning of any Inquest, Jury or Tales in the said Court for the King, or betwixt party and party above two shillings, or the value thereof; and such Fees as are allowed and appointed for the same by the Laws and Statutes of this Realm; But

will according to my power truly and indif∣ferently, with convenient speed, impanel all Jurors, and return all such Writ or Writs touching the same as shall appertain to be done by my Duty or Office, during the time that I shall remain in the said Office.

So God me help.

The Oath of a Bailiff.

I I. D. shall not use nor exercise the Office* 1.9 of one of the Bearers of the Verges of His Majestie's Houshold, and one of the Officers and Ministers of the Court of our Sovereign Lord the King, of the King's Palace of West∣minster corruptly, during the time that I shall remain therein: Neither shall or will accept, receive, or take by any colour, means, or de∣vice whatsoever, or consent to the taking of any manner of Fee or Reward of any person or persons for impaneling or returning of any Inquest, Jury, or Tales in the said Court, for the King, or betwixt party and party, above two shillings, or the value thereof, and such Fees as are allowed and appointed for the same by the Laws and Statutes of this Realm; But will according to my power truly and indiffe∣rently, with convenient speed, impanel all Ju∣rors, and return all such Writ or Writs touch∣ing the same, as shall appertain to be done by my Duty or Office, during the time that I shall remain in the said Office.

So help me God.

Iurat' ad utraque Sacrament' supra dict' duo∣decimo die Maij, Anno Dom. 1680. coram nobis.

A. B. C. D..

The Oath usually given to Church∣wardens.

YOU shall execute the Office of Church∣warden in the Parish where you are chosen for this ensuing year, according to His Majestie's Laws Ecclesiastical; So help you God.

Or thus:

You shall execute the Office of Church∣warden in the Parish where you are chosen, according to your discretion and skill in His Majestie's Laws Ecclesiastical; So help you God.

The Oath of Obedience Canonical.

I A. B. do swear that I do approve the* 1.10 Doctrine and Discipline, or Government established in the Church of England as concer∣ning all things necessary to Salvation: and that I will not endeavour by my self, or any other, directly or indirectly, to bring in any Popish Doctrine contrary to that which is so establi∣shed, nor will I ever give my consent to alter the Government of this Church; by Arch∣bishops, Bishops, Deans and Archdeacons, &c. as it stands now established, and as by right it ought to stand; nor yet ever to subject it to

the Usurpations and Superstitions of the See of Rome: And all these things I do plainly and sincerely acknowledge and swear, accor∣ding to the plain and common sense and un∣derstanding of the same words, without any equivocation, or mental evasior, or secret re∣servation whatsoever; And this I do heartily, willingly and truly upon the Faith of a Chri∣stian: So help me God in Jesus Christ.

If any Ecclesiastical person refuse this Oath, the Bishop shall give him a months time to inform, which if then denied, to be suspended ab offi∣cio, upon refusal at a second month granted, to be suspended, ab officio & beneficio; and after a third month granted, to be deprived of all his Ecclesiastical Promotions whatsoever, and execution of his Function which he holds in the Church of England.

The High Constable's Oath.

YOU shall swear, That you shall well and truly serve our Sovereign Lord the King in the Office of a Constable: You shall see and cause His Majestie's Peace to be well and truly kept and preserved according to your power: You shall arrest all such Persons as in your sight and presence shall ride or goe armed of∣fencely, or shall commit or make any Riot, Affray, or other breach of His Majestie's Peace. You shall doe your best endeavour (upon com∣plaint made) to apprehend all Felons, Bar∣rettors, and Rioters, or Persons riotously as∣sembled: and if any such Offenders shall make

resistance (with force) you shall levy Huy and Cry, and shall pursue them untill they be ta∣ken. You shall do your best endeavour, that the Watch, in and about your Hundred be du∣ly kept, for the apprehending of Rogues, Va∣gabonds, Night-walkers, Eves-droppers, Scouts, and other suspected Persons, and of such as go armed, and the like; And that Huy and Cry be duly raised and pursued according to the Sta∣tute of Winchester against Murtherers, Thieves, and other Felons; And that the Statutes made for the punishment of Rogues and Vagabonds, and such other idle Persons as come within your Bounds and Limits be duly put in execu∣tion: You shall have a watchfull eye to such Persons as shall maintain or keep any common House or Place, where any unlawfull Game is or shall be used; as also to such as shall fre∣quent, or use such Places, or shall use or exer∣cise any unlawfull Games there or elsewhere contrary to the Statutes. At your Assizes, Ses∣sions of the Peace or Leet, you shall present all and every the Offences done contrary to the Statute made 1 Iacobi, 4 Iacobi and 21 Ia∣cobi Regis, to restrain the inordinate haunting and tipling in Inns, Alehouses, and other Vic∣tualling houses, and for repressing of Drunken∣ness; You shall there likewise true presentment make of all Bloudsheddings, Affrays, Outcrys, Rescues, and other Offences committed or done against the King's Majestie's Peace within your Limits; You shall once every year during your Office present at the Quarter-sessions all Popish Recusants within your Liberty, and their Chil∣dren above 9, and their Servants (scil. their monthly absence from Church) 3 Iac. 4. You shall well and duly execute all Precepts and Warrants to you directed from the Justice of

Peace of this County, or higher Officers; You shall be aiding to your Neighbours against un∣lawfull Purveyances: In the time of Hay or Corn Harvest, upon request, you shall cause all Persons to meet to serve by the day for the* 1.11 mowing, reaping, or getting in of Corn or Hay; You shall in Easter-week cause your Pa∣rishoners to chuse Surveyors for the mending of the High-ways in your Parish or Liberty; and you shall well and duly according to your knowledge, power and ability, doe and exe∣cute all other things belonging to the Office of a Constable, so long as you continue in the said Office. So help you God.

The Oath taken by the Officers of the Marshal's Court.

YOU shall well and truly behave your self in the Office which you now un∣dertake of one of the Bearers of the Virges of the Household of our Sovereign Lord the King, and one of the Officers and Ministers of the Court of our Sovereign Lord the King of His Majestie's Palace of Westminster; you shall well and truly execute all process of the said Court that shall come to your hands, and which may be by you executed with as much expedition as possibly you can; you shall execute no Writ but such as is signed and sealed with the sign and seal of this Court. You shall take no bribe, reward, or other gratuity for the exe∣cuting of any process of this Court, other than the Court will allow of, or the Parties them∣selves without exaction shall willingly afford

you; you shall make a true and just return of all such Writs of this Court as shall be by you sued the next Court day after the same are executed. You shall not disclose any process of the said Court to the Defendant or any other whereby he may have intelligence there∣of; you shall not conceal any wrong or injury done or offered to the said Court, but shall forthwith disclose the same to the Judges thereof, and shall be ready with all diligence to perform the uttermost; you shall be com∣manded by the Judges of the Court aforesaid.

So help you God.

The Oath of a Constable.

YOU shall well and truly serve the King's Majesty in the Office of a Constable of the Parish of A. all Commissions, Precepts and Warrants that are directed to you, and shall come to your hands, you shall to the best of your power cause to be duly and truly execu∣ted, all Riots and Misdemeanours and breach of the Peace suppress. You shall punish all Rogues, Vagrants and idle persons, according to the Laws of this Land in that case made and provided; you shall diligently pursue all Hues and Cries; you shall see that the King's Maje∣stie's Watch within the said Town of A. be duly and truly set according to His Majestie's Laws; you shall also do your best endeavour to suppress Drunkenness within the said Pa∣•…•…ish, and to see the Laws and Statutes concer∣ning the same to be duly put in execution; and all other things belonging to the Office of

Constable, so long as you shall continue in your Office, you shall well and truly perform and doe so near as you can.

So help you God.

The Oath of an Ale-caster.

YOU shall swear that you shall well and truly serve the King's Majesty in the Office of an Ale-caster or an Assiser of that Li∣berty or Hundred for this year to come; you shall duly and truly see from time to time, that the Bread brought to be sold be truly weighed, and that the same do contain such weight ac∣cording to the prizes of Wheat, as the Sta∣tute in that case hath provided; likewise you shall have diligent care during the time of your being in office, to all Brewers and Tiplers with∣in your Liberty; that they and every of them do make good and wholsome Bear for man's Body, and that the same be not sold before it be assayed by you, and then to be sold agreeable to the prices limited and appointed by the King's Majestie's Justices of the Peace; and all faults committed and done by the Bakers, Brewers and Tylers, or by any of them, you shall make known and present the same at the next general Sessions to be holden for the said County; you shall likewise present all Offences of Drunkenness and haunting of Inns and Ale∣houses by the Inhabitants of the Parish, or of any other neighbouring Parishes whereby due punishment may be inflicted upon them for their Offence accordingly; and in every other thing you shall well and truly behave your self

in the said Office for this year to come; so help you God, and by the Contents of that Book.

The Oath of a Commissioner of Sewers.

YE shall swear, that you to your cunning* 1.12 wit and power, shall truly and indiffe∣rently execute the Authority to you given by this Commission of Sewers without any favour, affection, corruption, dread or Malice to be born to any manner of Person or Persons; And as the case shall require, ye shall consent and indeavour your self for your part to the best of your knowledge and power, to the making of such wholsom, just, equall and in∣different Laws and Ordinances as shall be made and devised by the most discreet and indifferent number of your fellows being in Commission with you, for the due redress, reformation and amendment of all and every such things as are contained and specified in the said Commission; and the same Laws and Ordinances to your cunning, wit and power cause to be put in due execution without fa∣vour, meed, dread, malice or affection, as God you help and all Saints.

The Oath of a Searcher in the Custome House.

YE shall swear, That ye shall serve the King well and truly in the Office of the Searcher-ship in the Port of N. and doe the King's Profits in all things that belongeth to you to doe by way of your Office, and well and truly ye shall make due search of all the Ships and Vessels, coming in or passing out of the said Port, and truly answer the King of all that shall belong unto him in your said Office without fraud or malign, after your wit and power, As God help you.

The Oath given to a Iury, before Evi∣dence given in against a Priso∣ner at the Bar.

YOU shall true deliverance make between our Sovereign Lord the King and the Prisoner at the Bar, as you shall have in charge according to your Evidence, as near as God shall give you Grace. So help you God, and by the Contents of this Book.

The Oath given to a Bayliff or Ser∣jeant that attendeth on any Iury or Inquest at an Assise.

YOU shall well and truly keep this In∣quest from Meat and Drink, Fire and Candle; you shall not suffer any man to speak with them, neither shall you your self speak with them, more than ask them if they be agreed, untill such time as they be agreed. So help you God, and by the Contents of this Book.

The Oath of him who craves the Peace against another.

YOU shall swear that the surety of the Peace which you crave against A. B. is not for hatred or malice which you •…•…ear him, but for safety of your Body from harm, which you fear he will doe or procure to be done unto you.

So help you God.

Or thus.

YOU shall swear that the surety of the Peace which you crave against A. B. is not of any private malice, hatred or evil will, but meerly that you are afraid of your life, or the hurting or maiming of your Body, or the burning of your houses.

So help you God.

Another Oath to give a man upon exa∣mination or upon information.

YOU shall true answer make to all such matters as shall be demanded of you concerning the beating of A. B. you shall speak the whole truth, and nothing but the truth.

So help you God.

The Oath of him that gives In∣formation.

THE Information that you shall give on the King's Majestie's behalf against A. B. shall be the truth, the whole truth, and no∣thing but the truth.

So help you God.

Sometimes you pump a Witness by this Oath, thus.

YOU shall true answer make to all such questions as by me shall be demanded of you.

So help you God.

The Oath to be given to any Iury, by whom a Nisi prius is to be tryed.

YOU shall truly try this Suit of Nisi prius between Party and Party, accor∣ding to the Evidence as shall be given you in Court, as near as God shall give you Grace.

So help you God, &c.

The Oath to be given to such as are to give Evidence between a Party and Party at a Nisi prius.

THE Evidence that you shall give to this Inquest concerning the matter in vari∣ence, shall be the truth, and the whole truth, and nothing but the truth so near as God shall give you Grace.

So help you God, &c.

The same Oath that your Foreman hath sworn, you of your part shall well and truly keep.

So help you God, &c.

The Oath of a great Inquest.

YOU shall truly enquire and due present∣ment make of all such things as you are charged withall on the King's behalf, the King's Council, your own, and your fellows, you shall well and truly keep; and in all other things the Truth present.

So help you God, &c.

The Oath of those that give Evidence upon Bills of Indictment.

THE Evidence that you shall give to the Inquest upon this Bill shall be the truth, and the whole truth, and nothing but the truth; and you shall not lett so to doe for malice, hatred or evil will, nor for meed, dread, savour or affection.

So help you God, &c.

Notes

• * 1.1

  With this is to be taken the Oath of Supremacy.
• * 1.2

  1 Eliz. c. 1.
• * 1.3

  3 Iac. c. 4.
• * 1.4

  Upon this Oath the party ta∣king it shall subscribe his name or mark.
• * 1.5

  2 Iustices, one of the Quorum.
• * 1.6

  35 Eliz. cap. 1. Stam. 119. Wilk. 40.
• * 1.7

  12 Car. 2. cap. 23. 2 Iustices, who must certifie (the taking of this Oath) to the next Quarter-Sessions there to be Recorded.
• * 1.8

  27 Eliz. cap. 12. before two Iustices, one of the Quorum. The Oath of Supremacy must be also taken by him, or for∣feit 40 li.
• * 1.9

  27 Eliz. cap. 12. This Oath and that of Supremacy ought to be taken by e∣very Bai∣liff that executes any Writ, or forfeit 40 li.
• * 1.10

  Can. 6. of 1640.
• * 1.11

  In this Oath is briefly comprehen∣ded the whole Duty of a Consta∣ble, and principal matters of his Office.
• * 1.12

  •…•…3 H. 8. cap. 5.