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.
- 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.
- Rights/Permissions
-
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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
-
https://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 May 18, 2024.
Contents
- title page
-
THE
Publisher's Preface TO THE READER. -
OF ALEHOUSES,
&c. - A Licence to keep an Alehouse.
- Or thus:
- A License to Brew, and keep an Alehouse.
- A Recognizance thereupon.
- Another Recognizance for an Ale∣house-keeper.
-
Against an Inn-keeper, Alehouse∣keeper,
&c. suffering to Tipple▪ - A Warrant to levy Money for Tippling.
-
A
Mittimus (for an Alehouse-keeper suffering to Tipple) for want of Distress. -
A
Mittimus for an Unlicensed Ale∣house-keeper. -
The like upon the Statute 3
Car. the first Conviction. - The like, for the second Conviction.
- The like, for the third Conviction.
- A Warrant for Witnesses against an Unlicensed Alehouse-keeper.
- For Suppression of an Alehouse for Disorder.
- For renewing Licenses of Alehouse∣keepers.
- Against an Alehouse-keeper for sel∣ling less than Measure.
-
A
Mittimus for selling less than Mea∣sure for want of Distress. - For Suppressing an Alehouse after Sup∣pression at the Quarter-Sessions.
- A Licence to keep an Alehouse with Articles.
-
Apprentices.
- A Warrant to put out poor Children Apprentices.
- An Indenture for an Apprentice so put out.
- A Warrant against them which refuse to take Apprentices.
- A Warrant against a Master for abu∣sing his Apprentice.
- A Warrant against a disorderly Ap∣prentice.
- A Discharge of an Apprentice.
- A Warrant against one that depar∣teth out of Service before his time expired.
- Bail.
-
Bastards.
- For the apprehending and conveying the Woman to the House of Correction.
-
A
Mittimus of the Mother of a Ba∣stard-Child to the House of Cor∣rection. - A Warrant against the Mother (for the second Offence) to commit to the House of Correction, and find Sureties of good Behaviour.
- To convene the Mother and repu∣ted Father.
- A Warrant against the reputed Fa∣ther of a Bastard-Child.
- An Order for Releif of the Parish touching a Bastard-Child, and for punishing the Mother and reputed Father.
- A Warrant to be written under the Order aforesaid, for giving notice thereof to the Mother and reputed Father.
- A Warrant for the Punishment of the Mother and reputed Father of a Bastard-Child.
-
A Warrant and
Mittimus against the reputed Father for not obeying the Justices Order. - An Order for Relief of the Parish in case of a Bastard out of the Estate of the reputed Father.
- A Warrant for Punishment of the re∣puted Father of a Bastard-Child, for not keeping the Child, and obeying the Order.
- A Warrant for sending a Bastard-Child (found wandring) to the place of its Birth.
- A Warrant for apprehending a Wo∣man on suspicion of having mur∣thered her Bastard-Child.
- A Condition of a Recognizance for the Appearance of the reputed Father of a Bastard-Child.
- The Condition of a Recognizance, of one charged to be the Father of a Ba∣stard-Child, before its Birth, to ap∣pear at Sessions.
- A Condition to discharge Church-war∣dens and Parishioners of a Child born in the Parish.
-
Good Behaviour.
-
A Warrant and
Mittimus for Good behaviour. - Causes for the Good behaviour.
- Another Warrant for Good behaviour.
-
A
Mittimus to the Gaol for one that refuses to find Sureties for his Good behaviour. -
A
Supersedeas for the Good behaviour. - A Recognizance thereupon.
- A Condition of a Recognizance for the same.
- Another Condition.
- Another Condition.
-
A Warrant and
- Bridges.
-
Carriages for the King.
- A Warrant to provide Carriages.
- Another Warrant for providing of Carriages for the King's use.
- A Warrant to levy the Penalty for not appearing with Carriages for the King upon notice.
-
A
Mittimus for one that doth im∣press or take away any Cart or other thing from the Owner, under pre∣tence of power from the Green∣cloath for Carriage of His Maje∣stie's Provisions, without lawfull Authority.
- Certificates.
- Chimney-money.
- Church.
- Coals.
-
Constables Charges.
- A Warrant for making of Constables.
- Or thus,
- A Warrant for a Tax for the Consta∣ble's Charges in the Execution of his Office.
- To appear and shew cause for their not paying the said Charges.
- For refusing to appear to shew Cause for not paying the said Charges.
- To levy the Charges upon their re∣fusing to pay the same.
- A Condition of a Recognizance to appear and answer the not paying the same at next Sessions.
-
A Warrant for levying 3
s. 4d. upon a Constable for neglect of his Du∣ty, in giving an account of Rogues, Vagabonds,&c. - A Warrant to sell the Goods of an Offender that refuseth to bear his own Charges to the Gaol.
- A Warrant to make a Tax for con∣veying a Felon to the Gaol.
-
Conventicles.
- A Condition of a Recognizance in case of an Appeal made touching Conventicles.
- A Record of a Conventicle.
- A Record concerning Conventicles where several persons are con∣victed.
- A Record of the Conviction of cer∣tain persons taken at a Conven∣ticle.
- Memorial of a Record of a Con∣venticle.
-
A
Mittimus thereupon, upon the first Offence. -
A
Mittimus upon the second Offence. -
A
Mittimus upon the third Con∣viction. -
A Record against one that suffereth a Conventicle,
&c. to be kept in his house. -
A
Mittimus thereupon, upon the first Conviction. -
A
Mittimus thereupon, upon the se∣cond Conviction. -
A
Mittimus thereupon, upon the third Conviction. - A Warrant to levy the Penalty of the Statute upon the Teacher in a Conventicle.
-
A Warrant
pro testes to prove the Conventicle. - A Warrant to levy the money upon the Offenders.
- A Warrant to levy the money upon the Offenders.
-
To levy money upon a Gaoler,
&c. for suffering one committed (up∣on this Act) to go at large. -
The like for suffering one at large to joyn with the Offender in custody in the exercise of Religion,
&c. - Against a Peer of the Realm for be∣ing at a Conventicle, the first Conviction.
- Upon the second Conviction.
-
Against a Peer for suffering a Con∣venticle,
&c. to be kept in his House,&c. the first Conviction. - Upon the second Conviction.
-
A
Mittimus for a Nonconformist,&c. -
A Certificate to the
Militia, &c. for Aid, in Case of a Conventicle. - A Certificate made by a Iustice, where the Offenders live in a Corporation.
- A Certificate for the taking the Oath, according to the said Act.
- Corporations.
-
Court-Leet and Court-Baron.
- A Precept directed to the Bailiff of the Mannor by the Steward of the Court-Baron to warn the Court.
- A Precept to warn a Jury▪ for a Court-Leet.
- A Precept for a Borsholder, or other Officer, to take upon him the said Office, and to repair to a Justice of Peace to take his Oath for his faithfull execution of the same.
- A Precept to bring in a Scould to be tried at a Court-Leet.
- The manner of making up of Court-Roles.
- The manner of making up of Estreates.
- Customs.
- Deer.
- Drunkenness.
-
Excise.
- A Certificate upon taking the Oath about Excise.
- A Warrant to summon those who refuse to pay the Excise.
- A Warrant for Distress on Alehouse∣keepers, for not paying Excise.
-
A
Mittimus where not sufficient to pay Excise. - To levy the Forfeiture for not ma∣king a due Entry.
- A Warrant to levy the double value of the Excise on a Brewer for not paying according to Entry made.
- Loss of Allowance for making false Entries.
- Upon Complaint of false Entry to appear.
- Not suffering to gage the Vessels.
- A Warrant against one that procu∣reth a false Return to be made in the Office of Excise.
-
A
Mittimus to the Gaol for want of Distress. -
A Warrant (against several per∣sons) to distrain for the Duties of Excise,
&c.
-
Felony.
- A Warrant to apprehend a Felon.
-
A
Mittimus of a Felon. - Another.
- A Warrant to search for a Felon on suspicion.
- A Warrant for apprehending of one that hath dangerously hurt another.
- A Liberate to deliver a Prisoner committed for Felony.
- A Warrant to Bind persons to give in Evidence against a Felon.
- Or thus:
- A Condition of a Recognizance to prefer a Bill, and give Evidence against Principals and Accessary in case of Felony.
- A Condition of a Recognizance where two Felonies are committed to give Evidence.
- A Condition to give Evidence for Fe∣lony, thus.
- A Condition of a Recognizance to ap∣pear upon Felony.
- A Condition to appear upon suspicion of Felony.
- A Bond.
- A Condition to save one harmless who was bound for the appearance of a person suspected for Felony.
- Fire.
- Forceable Entry.
- Foreign Wares.
-
High-ways.
-
A Warrant to levy 5
li. on the In∣habitants of a Parish for not chu∣sing Surveyors of the High-ways. - To distrain for High-way Tax.
- For not sending in Teams, to work in the High-ways.
- Against those that refuse or neglect to work in the High-ways.
- To impower the Surveyors to dig Gra∣vel, &c. upon Wasts or Commons out of the Parish.
- To appoint what shall be paid by the Sur∣veyors for digging Gravel, &c. in any man's Ground.
- Against Surveyors for not ac∣counting.
- Against the Surveyors who have not paid the moneys in their hands to the next Surveyors.
-
A Warrant to levy 5
- House of Correction.
-
Huy and Cry.
- The Examination of a Person robbed on the High-way praying an Huy and Cry.
- Another.
- The Examination of a Person rob∣bed on the High-way by three Persons, one of which he knew.
- An Huy and Cry upon the escape of a Prisoner from the Constable.
- A Warrant for a Huy and Cry after a Felon.
- A Warrant to search for a Person (who hath committed a Rob∣bery,) and for Goods stoln.
- Inns of Court.
-
Irish Cattel.
-
A Warrant to seize certain Cattel, imported from Foreign parts into
England. - A Warrant to deliver to the Owners certain Cattel seized, as forfeited for being Imported from Foreign parts, upon proof that they were not so Imported.
- A Warrant to kill the said Cattel.
-
A Warrant to levy 40
s. upon the Seizor or Church-wardens that shall fail in killing, or making distribution as aforesaid.
-
A Warrant to seize certain Cattel, imported from Foreign parts into
- Lent.
- Licences.
- Misdemeanours.
-
Murther.
- A Condition of a Recognizance to prefer a Bill of Indictment, and to give Evidence at the next general Gaol∣delivery, alias Assizes, to both Iu∣ries in case of Murther.
- A Condition of a Recognizance to prefer a Bill, and give Evidence at Assizes.
- A Recognizance to prefer a Bill of In∣dictment, and to give Evidence to both Iuries at the next general Gaol∣delivery, alias Assizes, in case of an Abettor in Murther.
-
Nets, Dogs and Conies.
-
A Warrant to search for Nets and Setting-dogs, upon the Statute of 7
Iacobi. -
The like upon the Statute of 22 and 23
Caroli Secundi. -
A
Mittimus against persons that re∣fuse to enter into Recognizance, to appear at Sessions for their keeping Ferrets, and Nets to kill Conies. - A Warrant for one that Hunts with Spannels in Ear'd Corn.
-
A Warrant to search for Nets and Setting-dogs, upon the Statute of 7
-
Oaths.
- The Oath which is usually ministred to a Iustice of the Peace in the several Counties of England.
- The Oath of Supremacy.
- The Oath of Allegiance.
-
A
Mittimus for refusing the Oath of Allegiance. - The Oath of Abjuration.
- The Oath of an Excise-man.
- The under Sheriffs Oath touching the Impannelling of Iuries.
- The Oath of a Bailiff.
- The Oath usually given to Church∣wardens.
- Or thus:
- The Oath of Obedience Canonical.
- The High Constable's Oath.
- The Oath taken by the Officers of the Marshal's Court.
- The Oath of a Constable.
- The Oath of an Ale-caster.
- The Oath of a Commissioner of Sewers.
- The Oath of a Searcher in the Custome House.
- The Oath given to a Iury, before Evi∣dence given in against a Priso∣ner at the Bar.
- The Oath given to a Bayliff or Ser∣jeant that attendeth on any Iury or Inquest at an Assise.
- The Oath of him who craves the Peace against another.
- Or thus.
- Another Oath to give a man upon exa∣mination or upon information.
- The Oath of him that gives In∣formation.
- Sometimes you pump a Witness by this Oath, thus.
- The Oath to be given to any Iury, by whom a Nisi prius is to be tryed.
- The Oath to be given to such as are to give Evidence between a Party and Party at a Nisi prius.
- The Oath of a great Inquest.
- The Oath of those that give Evidence upon Bills of Indictment.
- Officers.
- Orchards.
-
Peace.
- A Warrant to find Sureties for the Peace.
- A Warrant to find Sureties for the Peace where an Assault is made upon an Officer in discharge of his Office.
-
A
Supersedeas of a Warrant for the Peace. - A Mittimus for breaking the Peace.
- A Release of the Peace.
- The Condition of a Recognizance to appear at Sessions and keep the Peace.
- Plague.
-
Poor.
- A Warrant for the Overseers of the Poor to account and name other fit persons.
- A Warrant for the making new Over∣seers of the Poor.
- A Warrant to make Overseers of the Poor, impowering them, and the Church-wardens to collect the Poors Tax, and upon non-payment to de∣strain.
- A Confirmation of the Rates for the Poor.
- A Warrant to levy the Arrears (due to the Parish) from the former Overseers Account, by Distress.
- A Warrant against an Overseer of the Poor for not keeping of Monthly Meetings.
- A Warrant to distrain for the Poors Tax.
-
A
Mittimus where there is not suffi∣cient to Distrain. - A Warrant for removing one come to a Parish.
- A Warrant to send a Wife and Child to her Husband, in the Pa∣rish from whence they came.
- A Warrant for apprehending one for returning to the Parish from which he was removed.
- Against those who come to Work, and return not at the end of their Work.
-
A
Mittimus to the House of Correc∣tion of one that refuseth to be re∣moved after his Work finished. -
A Warrant and
Mittimus for one who runs away, and leaves his Family upon the Parish. -
A
Mittimus on the foregoing Warrant. - A Warrant to the Overseers of the Poor to pay Arrears, and continue weekly Relief to Poor persons.
- A Warrant to levy Relief for the Poor.
- A Bond and Condition to the Church∣wardens and Overseers of the Poor to save a Town harmless upon in∣habiting there.
- A Release (from the Overseers of the Poor) to one that pay'd five pounds to be free'd from keeping a Bastard Child.
- Prisoner.
- Quakers.
- Rape.
-
Rates for Hay, Oats,
&c. -
Recognizances.
- subpart
- The manner of entring the note of Recognizances in your Book of Recognizances.
- A single Recognizance taken before Justices of the Peace.
- Another single Recognizance.
- A Recognizance to prefer an In∣dictment, or to prefer a Bill, and give Evidence.
- A Recognizance for two to give Evidence.
- A Recognizance to give in Evidence against a Prisoner.
- For the Good behaviour.
- Another.
- A Recognizance to give in Evi∣dence against one that is suspec∣ted of Felony.
- A Recognizance for keeping of a Tavern.
- A Recognizance for one that is Bail for a Boy that lay under a Bed in the Night.
- A Recognizance for Bastardy where two are Manucapters for the man in custody.
- A Recognizance for a married Wo∣man upon a Rescue.
- A Recognizance for one that hath hurt another, and on the War∣rant of Behaviour.
- For the Peace.
- For Felony.
-
A Release of a Recognizance writ∣ten under the Recognizance thus,
by the same Iustice, or by some other, &c. - The Parties Release of the Peace.
- Riot.
- Rogues.
- Sacrament.
- Scavingers.
- Search.
-
Servants.
- For sending a Servant to his Service to serve the time agreed, to pre∣vent Charge on the Parish.
-
A
Mittimus against one that retur∣neth into a Parish after he was removed. -
A Warrant to levy 40
s. on the Ma∣ster for putting away his Servant before the end of his term. - For not paying Wages.
- A Warrant for Relief of a Man-ser∣vant that is out of Service.
- A Warrant against one that depar∣teth out of Service before his time expired.
- To fetch back a Servant.
- A Discharge of a Servant from his Service within the time agreed, upon his absenting himself.
- A Testimonial for the discharge of a Servant.
- Silk-Throsters.
- Souldiers.
- Swearing.
- Tax.
- Testimonials.
- Tiling.
- Trespass.
-
Uagrants.
- A Warrant for apprehending Beg∣gars and other Idle persons.
- A Testimonial or Pass for him to the place of his Birth.
- The like where the Place of his Birth is not known.
- The like where neither the Place of his Birth, nor last abode is known.
- The like where the Vagrant is appre∣hended in a general privy Search.
- To pay two shillings for apprehen∣ding a Vagrant.
- Upon not payment of the same.
- A Certificate of apprehending a Va∣grant in the confines of ano∣ther County.
- To pay the two shillings thereupon.
- Upon non-payment of the same.
- Waggons and Carts.
-
Watch and Ward.
-
A Warrant to the High Constable for putting in Execution the Sta∣tute of 13
Car. 2. (Renting the Statute,) and for keeping good Watches (upon His Majestie's go∣ing toOxford. ) - Another Warrant upon the same Statute.
- A Warrant for Watch and Ward, and to apprehend idle persons.
- A Warrant by order of Quarter-Sessions to set Watch and Ward.
-
A Warrant to the High Constable for putting in Execution the Sta∣tute of 13
- Weights and Measures.
- Witnesses.
-
Wood.
-
A Warrant against one that stole Wood,
&c. -
To make a general Warrant to search for stoln Wood,
&c. -
A Warrant to search for stoln Wood,
&c. upon a particular Complaint. - An Order against a person apprehended with Bundles, &c. of Wood, &c. to make satisfaction, &c. for the same to the Owner. The first Offence.
- For not obeying that Order.
-
A
Mittimus to the House of Correc∣tion for the second like Offence. - An Order against the Buyer of stoln Wood, &c. to pay treble the va∣lue thereof.
- A Warrant to distrain for non-pay∣ment of the Money according to the foregoing Order.
-
A
Mittimus against the Buyer of stoln Wood,&c. for want of Distress.
-
A Warrant against one that stole Wood,
- Woollen.
- Additional Presidents to the former.
- Law-Cases relating to the fore∣going Subject.
- THE TABLE.
- ADVERTISEMENT.