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.

Good Behaviour.

A Warrant and Mittimus for Good behaviour.

To the Constable and Borsholders of the Hundred of A. and to every of them, and to the Keeper of His Majestie's Gaol for the said County at C. in the County aforesaid.

Kent ss. FOrasmuch as A. B. &c. These* 1.1 are therefore (in His Majestie's name) to command you the said Constable and Bolsholders, that you, some or one of you, do cause the said A. B. to come before me, or some other of His Majestie's Justices of the Peace of the said County, to find sufficient Se∣curity,

as well for his Appearance at the next* 1.2 general Session of the Peace to be holden for the said County at T. aforesaid, then and there to doe and receive as by the said Court shall be injoyned; as also that he shall in the mean time be of Good behaviour, as well towards His said Majesty, as towards all His liege peo∣ple: Which if he shall refuse to doe, that then (without expecting any farther or other War∣rant)* 1.3 you, some or one of you, do safely con∣vey him to the Gaol aforesaid, and him there deliver to the said Keeper of the same, (to∣gether with this Precept.) Commanding al∣so you, the aforesaid Keeper, to receive him into the said Gaol, and him there safely to keep untill he shall find such sufficient Securi∣ty as aforesad. Hereof fail not at your perils. Given under my hand and seal at, &c.

Causes for the Good behaviour.

Threaten to hurt any in the body, of ill name and* 1.4 fame, and of very lewd life and conversations, or common Barterer, or common Rioter, or common breaker of the Peace, or common Alehouse-haunter, or common Drunkard, or common Swearer, or common Woodstealer, or do keep a common Stew or Bawdy∣house, or common Hedge-breaker, or common Tale∣bearer, or common Slanderer, or common Libeller, or common Whoremonger, or common Whores, or com∣mon sowers of Discord, a maker of strife amongst his Neighbours, or common Night-walker, common Cheater, or common Companions of Thieves, or common Messenger for Thieves, or common Pilfe∣rers, or commonly suspected to be Thieves, or do commonly practice Poysoning, or common Eve-drop∣pers, or are commonly suspected of Incontinency,

or common harberers and entertainers of Whores, Rogues, or Thieves, or common Robbers of Or∣chards, or have sold Ale or Beer without Licence, and contrary to the Command of the Iustice of the Peace, or are Idle persons, wandring up and down, fare well and spend much in Alehouses, and have no known and visible Estate to maintain it, or that A. B. hath begotten a Bastard Child on the Body of C. and is like to be chargeable to the Parish, or hath a hand in sending away the re∣puted Father of a Bastard Child then left to the Charge of the Parish, &c.

Another Warrant for Good behaviour.

To the Constable and Borsholder of A. &c.

K. ss. FOrasmuch as we have been credi∣bly informed that A. B. of your Town of C. &c. is a man of Evil behaviour, and one that dayly moveth discord between his Neighbours, and a common disturber of His Majestie's Peace. These are therefore (in His Majestie's name) to charge and command you and every of you, that immediately upon the sight hereof you bring before me (or some other of His Majestie's Justices of the Peace of the said County) the Body of the said A. B. to answer such matters as on His Majestie's be∣half shall be objected against him by C. D. and also that you require him to bring sureties for his Good behaviour untill the next Sessions. And hereof fail not. Given under, &c.

A Mittimus to the Gaol for one that refuses to find Sureties for his Good behaviour.

To the Keeper of His Majestie's Gaol for the said County at M. in the County aforesaid, or to his lawfull Deputy thereof.

Kent ss. I Send herewithall the Body of A. B.* 1.5 of, &c. for that he refuseth to find sufficient Sureties to be of Good behavi∣our towards His Majesty and all His liege▪ peo∣ple, and to appear at the next general Sessions of the Peace to be holden for this County at M. aforesaid, straightly charging and comman∣ding you in the name of our said sovereign Lord the King to receive him the said A. B. into safe custody, and him safely to keep in the said Gaol untill he shall find sufficient Sureties as aforesaid. Hereof fail not at your perils. Given under, &c.

A Supersedeas for the Good behaviour.

R. R. one of His Majestie's Iustices of the Peace within the said County of Kent, To the She∣riffs, Bayliffs, Constables, Tythen-men and all other His said Majestie's Officers and Ministers within the said County, and to every of them Greeting.

Kent ss. FOrasmuch as A. B. of C. in the* 1.6 County of K. aforesaid, Yeoman, hath personally come before me, and hath found sufficient Sureties, That is to say, C. D. of F. in the said County, Yeoman, and E. F. of G. in the County aforesaid, Gent. either of the which hath undertaken for the aforesaid A. B. under the pain of 10 l. and the said A. B. hath undertaken for himself under the pain of 20 l. that he shall well, uprightly and honest∣ly behave himself as well towards His said Ma∣jesty as towards all his liege people, and espe∣cially towards C. D. of K. in the said County, Yeoman, And that he will personally appear at the next Quarter Sessions to be holden in the said County of K. These are therefore to command you (in His Majestie's name) that you utterly surcease to molest, arrest, trouble, or imprison the said A. B. for the said occasi∣on, And that if you have for the said occasion, (and for no other) taken and imprisoned him, That then you do cause him to be delivered and set at liberty without farther delay. Here∣of fail not at your perils. Given under my hand and seal, &c.

A Recognizance thereupon.

Kanc. ss. MEmorandum, Quod primo die* 1.7 Octobris, Anno Regni Domi∣ni Caroli Secundi, Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis, Fi∣dei Defensoris, &c. vicesimo nono, apud C. in Com' praedict' A. B. de, &c. D. E. de, &c. & F. G. de, &c. personaliter venerunt co∣ram nobis H. J. & K. L. Iustic▪ dicti Do∣mini Regis ad pacem in Com' praedicto con∣servand' assignat', & recognoverunt se de∣bere dicto Domino Regi modo & forma se∣quen', viz. praedict' A. B. viginti libras le∣galis monetae Angliae, & uterque praedicto∣rum D. E. & F. G. decem libras consimi∣lis monetae, separalit' levand' de separalibus bonis & catallis, terris & tenementis suis, ad opus & usum dicti Domini Regis, haered' & successorum suorum, si defalt' fieret in performatione Conditionis sequen'.

A Condition of a Recognizance for the same.

THe Condition of this Recognizance is such, That if the within bound A. B. do personally appear before His Majestie's Justices assigned to keep His Peace in the within named County of K. at the a 1.8 next general Assizes of the Peace to be holden for the said County at T. in the County aforesaid, to doe and re∣ceive what by the Court there shall be then and there enjoyned; and shall in the mean time be of Good behaviour towards our Sovereign

Lord the King and all His liege people; That then this Recognizance shall be void, or else it shall stand in full sorce.

Another Condition.

The Condition of this Recognizance is such, That if the within bound A. B. do personally appear at the next general Sessions of the Peace of K. and M. in the County aforesaid, then and there to doe and receive as by the said Court shall be enjoyned; and do in the mean time keep His Majestie's Peace towards His Majesty and all His liege people, and especially to T. A. of C. within written; That then this Recognizance shall be void, or else to stand in full force.

Another Condition.

The Condition of this Recognizance is such, That if the within bound A. B. do per∣sonally appear before His Majestie's Justices assigned to keep His Peace in the within na∣med County of K. at the next general Sessions of the Peace to be holden for the said County at M. in the County aforesaid, to doe and re∣ceive what by the Court there shall be then and there enjoyned; and shall in the mean time be of Good behaviour towards our So∣vereign Lord the King and all His liege peo∣ple; That then this Recognizance shall be void, or else it shall stand in full force.

Notes

• * 1.1

  2 or 3 Iu∣stices Lam. 119. First Assig∣navimus in the Com∣mission of the Peace.
• * 1.2

  2 or 3 Wit∣nesses. 34 E. 3. c. 1.
• * 1.3

  Dalt. 290. to 297.
• * 1.4

  First Assig∣navimus in the Com∣mission of the Peace. 34 E. 3. c. 1. Dalt. 290. to p. 297. Either of these are sufficient.
• * 1.5

  Lamb. 120. 1 Iustice.
• * 1.6

  Crompt. 237.
• * 1.7

  5 E. 6. c. 25. Two Justi∣ces, one of the Quo∣rum. Observe to bind the Principal in 20. li. and each of the Sureties in 10 li.
• a 1.8

  If at the Assizes, then say, at the next Assizes and general Gaol-deli∣very to be holden for the said County, to doe and re∣ceive, &c.